The arrests of two black men who were waiting for a friend at a Starbucks in Philadelphia have raised questions about how race determines how customers are treated.
But does race also affect how the employees are treated within the service industry?
Prior research shows that black workers in people-oriented occupations – health care, service and sales – are rated lower by customers and supervisors than are white workers, even when their performance is objectively the same. Because of this, black workers have a harder time obtaining competitive raises or promotions. But it is unclear why or what workers can do about it.
In the U.S. workforce, blacks are disproportionately represented in low-paying service jobs like cashiers, call center employees and food service workers compared to higher-status jobs. So this issue has serious implications for the financial and professional lives of a large segment of black workers.
Race impacts perception of performance
Friendliness is key to performing well in the service industry. My colleagues Lawrence Houston III, Derek R. Avery and I found that negative stereotypes about blacks – that they are unfriendly, hostile or rude – explain lower performance evaluations of black service providers compared to white service providers.
We found that in order for the performance of black service providers to be rated equivalent to whites, blacks had to amplify and fake positive emotions to override those negative racial stereotypes. In other words, to be seen as good as white employees, black employees need to perform more “emotional labor,” a concept introduced by sociologist Arlie Hochschild.
Perhaps just like the two men at Starbucks, black service employees are assumed to have hostile intentions unless they put in extra effort to put forth a smile and show they are not a threat.
Across three studies
We drew these conclusions from a series of studies we conducted over several years.
In our first study, we asked a representative sample of people for their impressions of an employee described as holding an emotional labor job, a hotel desk clerk. They saw a photo of either a black or white person with a neutral expression, but otherwise the same job qualifications. Regardless of the respondents’ own race, education or income, they saw the black employee as less friendly and more hostile than the white employee.
In the second study, people watched a video of either a black or a white sales clerk ringing up sales in a home goods shop. They saw the clerk acting either warm and friendly or just polite. In all videos the sales clerk was efficient and knowledgeable.
When viewers saw the employee performing less emotional labor – just being polite and efficient – the black employee was rated as less friendly and a worse performer than the white employee. In contrast, after watching the friendly condition, the viewers rated the black and white employees similarly.
In short, just being polite was not enough for the black employee; putting on a big smile was necessary to get the same performance ratings as the white employee.
Both of the above studies were experiments. In a third study, we surveyed actual service employees and their supervisors.
Again, we found that supervisors rated black grocery store clerks as worse performers than white clerks, which could not be explained by job experience or motivation. Yet, black clerks who reported amplifying and faking their positive emotions when interacting with customers – more emotional labor – saw the racial disparity in the performance evaluations disappear.
Notably, white clerks were rated highly regardless of the frequency of their emotional labor. For black clerks to be rated as highly as the white clerks, they had to more consistently exaggerate their smile in customer interactions.
High cost of ‘service with a smile’
All service employees must sometimes put on a fake smile when having an off day, and sometimes they might let the mask slip. Our research shows that white employees who do less emotional labor can still be viewed positively, but black employees are not given the benefit of the doubt. Black employees constantly “fake it to make it” in service jobs.
Being a black service provider requires routinely putting forth more emotional effort – a bigger smile, a more enthusiastic tone of voice, maintained across time and customers – to be evaluated similarly to a white co-worker. If a black employee gets tired of faking that smile, there is a resulting decline in performance evaluation. This also means fewer opportunities for promotions, raises and career advancement.
Though putting on a smile might seem like a small price to pay to get ahead at work, research shows that keeping up a friendly façade is a path to job burnout, a state of complete exhaustion linked to a desire to quit and health issues. Recognizing this situation is a first step to improving conditions for black employees and customers alike.
Re-published with permission under license from The Conversation.
According to a CNBC article, the NFL will vote whether to require players to stand for the "National Anthem" during their next meeting.
If the NFL owners vote for the requirement, they will be on the wrong side of history. The "Star-Spangled Banner" as it was originally written contained four verses, however, only the first verse is sung as our National Anthem. The third verse, celebrated the death of slaves fighting to free themselves, see the video below.
According to VICE, “African-American males are only six percent of the United States population, but comprise nearly 70 percent of the players in the National Football League.” The NFL’s 32 teams earned around $12 billion in 2015 with merchandise sales over $1.55 billion.
If the NFL benefits immensely from the work of black men, why doesn’t it address serious issues of concern to America’s black community? Specifically, why hasn’t the NFL addressed the issue of unarmed black men being killed by law enforcement? "If you're Comfortable with My Oppression, then You are My Oppressor".
If the NFL votes to force players to stand, civil rights organizations including those that receive "bribe" funding from the NFL need to call for a boycott. I will personally boycott the NFL, just like I did when the WNBA took a stance against its players, and hope others will join me.
As Nick Canon's spoken word poem recently stated, "Stand For What!"
Colin Kaepernick and other players refusing to stand during the national anthem has elicited a greater uproar from the NFL than the existence of police brutality and the killing of unarmed black teens and men. To paraphrase MLK's "Letter from Birmingham Jail", "You deplore the demonstrations taking place by NFL Players. But your statement, I am sorry to say, fails to express a similar concern for the conditions that brought about the demonstrations."
It's bad enough that the league seems to have sanctioned Kaepernick by refusing to hire him, but forcing Black players to stand in direct opposition to their belief or self-interest is unconscionable. If you don't support athletes and entertainers when they stand up for your rights, don't expect them to continue speaking out.
A group of pastors has already called for a Blackout of the NFL, see their video below.
Let's be clear, Colin Kaepernick was standing up for others when he refused to stand; it is very unlikely, he would have personally been a victim of police brutality because of his fame and wealth. He put all that on the line to protect not only his rights but yours and mine as well.
Black people struggling with debts are far less likely than their white peers to gain lasting relief from bankruptcy, according to a ProPublica analysis. Primarily to blame is a style of bankruptcy practiced by lawyers in the South.
NOVASHA MILLER PUSHED THROUGH the revolving doors of the black glass tower on Jefferson Avenue last December and felt a rush of déjà vu. The building, conspicuous in Memphis’ modest skyline along the Mississippi River, looms over its neighbors. Then she remembered: Years ago, as a teenager, she’d accompanied her mother inside.
Now she was 32, herself the mother of a teenager , and she was entering the same door, taking the same elevator. Like her mother before her, Miller was filing for bankruptcy.
She’d cried when she made the decision, but with three boys and one uneven paycheck, every month was a narrow escape. A debt collector had recently won a court judgment against her and, along with that, the ability to seize a chunk of her pay. Soon, she would be forced to decide between groceries or electricity.
Bankruptcy, she figured, despite its stink of shame and failure, would stop all that. She could begin anew: older, wiser, and with a job at a catering company that paid $10.50 an hour, a good bump from her last one. She could keep dreaming of a life where she had money left over at the end of each month, a chance of one day owning a home.
What Miller didn’t know when she swallowed her pride and called a local bankruptcy attorney is that she would probably end up right back where she started, with the same debts, in the same crisis. For the black debtors who, for generations, have made Memphis the bankruptcy capital of the U.S., the system delivers neither forgiveness nor renewal.
Up on the sixth floor of that tower where I met Miller last February, the U.S. Bankruptcy Court for the Western District of Tennessee appeared to be a well-functioning machine. Debtors, nearly all black like her, crowded the wedge-shaped waiting area as lawyers, paralegals and court staff, almost all white, milled about in front. Hundreds of cases are filed here every week, and those who oversee and administer the process all proudly note the court’s marvelous efficiency. Millions of dollars flow smoothly to creditors, to the court, to bankruptcy attorneys.
But the machine hides a harsh reality. When ProPublica analyzed consumer bankruptcy filings nationwide, the district stood out, both for the stunning number of cases in which debtors were unable to get relief, and for the reasons why. In Memphis, an entrenched legal culture has made bankruptcy a boon for attorneys while miring clients like Miller in a cycle of futility.
Under federal bankruptcy law, people overwhelmed by debt have a choice: They can either file under Chapter 7, which wipes out debts and, since most filers lack significant assets, allows them to keep what little they have. Or they can choose Chapter 13, which usually requires five years of payments to creditors before any debts are eliminated, but blocks foreclosures and car repossessions as long as debtors can keep up. In most of the country, Chapter 7 is the overwhelming choice. Only in the South, in a band of states stretching from North Carolina to Texas, is Chapter 13 predominant.
The responsibility of knowing which path to pick falls to those seeking relief. In Memphis, about three-quarters of filings are under Chapter 13. That’s how Miller filed. She thought the two chapters were “the same,” she told me.
Initially, they are. Upon filing, debtors are shielded from garnishments and debt collectors. But whereas under Chapter 7 those protections are generally made permanent after a few months, under Chapter 13 they last only as long as payments are made. Most Chapter 13 filers in Memphis don’t last a year, let alone five.
As efficiently as cases are opened, they are closed — usually because debtors fail to keep up with payments, according to a ProPublica analysis of court data. In 2015, over 9,000 cases in the district were dismissed — more cases than were filed in 22 other states that year. Less than a third of Chapter 13 cases in the district result in a discharge of debts. And when their cases are dismissed, debtors are often in worse straits, because as they struggled to make payments, the interest on their unpaid debts continued to mount. Once the refuge of bankruptcy is gone, the debt floods back larger than ever. They’ve borne the costs of bankruptcy — attorney and filing fees, a seven-year flag on their credit reports — without receiving its primary benefit. A system that is supposed to eliminate debt instead serves to magnify it.
Driving this tremendous churn of filings is a handful of bankruptcy attorneys with what sounds like an easy pitch: immediate relief, for free. In Memphis, it typically costs around $1,000 to hire an attorney to file a Chapter 7, but most attorneys will file a Chapter 13 for no money down. Ultimately, the fees for Chapter 13 filings are higher — upwards of $3,000 — but the payments are stretched over time. For many people, this is the only option they can afford: debt relief on credit. For attorneys, they gain clients — and a regular flow of fees — they might not otherwise get, even if few of their clients get lasting relief.
Chapter 7 Filing Rates Are Higher in Black Areas, With Patterns Similar to White Areas…
Chapter 7 Filings per 1,000 Residents — Majority Black Zip Codes vs. Majority White Zip Code
…But Chapter 13 Filing Rates Are Extremely High in Black Areas, With a Larger Racial Gap
Chapter 13 Filings per 1,000 Residents — Majority Black Zip Codes vs. Majority White Zip Codes
Source: Department of Justice data, ProPublica analysis
For black filers in Memphis, relief is particularly rare. They are more likely than their white peers to file under Chapter 13 and less likely to complete a Chapter 13 plan. Because failure is so frequent in Memphis, many people file again and again. In 2015, about half of the black debtors who filed under Chapter 13 in the district had done so at least once before in the previous five years. Some had filed as many as 20 times over their lifetimes. Here, bankruptcy is often not the one-time rescue it was envisioned to be, but rather a way for the poor to hold on to basic necessities like electricity for a couple months.
“The way we have it set up, our culture, has a lot of unintended consequences,” said Judge Jennie Latta, one of five bankruptcy judges in the Western District of Tennessee. Since 1997, when she took the bench, the racial disparities in Memphis have been evident, she said. “It was troubling to me then, and it’s still troubling to me.”
When I asked judges, trustees, who administer the cases, and debtor attorneys what could be done to reduce racial disparities and improve outcomes, I was mostly met with resignation. I heard a lot about the poverty in Memphis and a legal culture with deeply rooted traditions. But ProPublica’s analysis identified bankruptcy attorneys in Memphis who had much more success in getting their black clients out of debt. These attorneys had a different approach, preferring Chapter 7 to Chapter 13, and, crucially, allowing more flexibility in what clients paid upfront in fees.
Scrutiny of Memphis is important, because the racial differences we found there are present across the country. Nationally, the odds of black debtors choosing Chapter 13 instead of Chapter 7 were more than twice as high as for white debtors with a similar financial profile. And once they chose Chapter 13, we found, the odds of their cases ending in dismissal — with no relief from their debts — were about 50 percent higher.
Meanwhile, the $0-down style of bankruptcy practiced in Memphis, long common across the South, is quietly growing in popularity elsewhere. Chicago in particular has seen an explosion of Chapter 13 filings in recent years. A recent study found that the “no money down” model is becoming more prevalent, prompting concerns that it is snaring increasing numbers of unsuspecting debtors and ultimately keeping them in debt.
Highland Meadows, the Whitehaven apartment complex where Novasha Miller lived previously (Andrea Morales for ProPublica)
ABOUT 10 MILES south of the black glass tower lies the community of Whitehaven. Famous as the site of Graceland, Elvis Presley’s mansion, its streets are lined with miles of humbler homes, mostly one- or two-bedroom bungalows. The houses reflect the range of financial security among Whitehaven’s almost exclusively black residents: Some lawns are immaculately kept in front of neat, pretty facades, while others run riot with weeds next to broken-down cars.
This is where Novasha Miller was born and raised. She went to Hillcrest High on Graceland Drive and still lives in the area. Here, bankruptcy has a startling ubiquity. Count the bankruptcies filed from 2011 through 2015 by residents of Whitehaven, and there is almost one for every three households.
Miller’s spiral downward began in late 2014, when she and her sons moved into a $545-per-month apartment in Highland Meadows, a complex pitched on its website as nestled in a “serene woodland setting.” Inside, roads wander around shaded clusters of two-story structures, some with boarded-up doors and windows.
Miller soon realized she’d made a mistake by signing the lease. Roaches emerged every time she cooked, she said. Underneath the kitchen sink, mold was spreading that seemed to aggravate her 10-year-old son’s asthma. The stove broke; then bedbugs arrived, leaving telltale marks up and down her and her boys’ arms.
Despite her calls and complaints, she said, management didn’t fix the mold issue and told her she’d have to pay for an exterminator herself. Finally, she decided to move. She wrote a letter saying she was breaking her lease and explaining why.
“My kids’ health is more important than anything, and I just had to leave,” she told me. (The company that manages Highland Meadows did not respond to requests for comment.)
A couple of months after she moved, Absolute Recovery Services, a collection agency, sent her a letter saying she owed $5,531 — a total that seemed inflated to Miller. If she didn’t pay up immediately, the agency wrote, it might sue. It followed through the next month, tacking on a $1,844 attorney fee, for a total bill of $7,375.
Derek Whitlock, the attorney who represented Absolute Recovery Services in its suit against Miller, provided ProPublica with an accounting of Miller’s debt. Only $1,635 was due to back rent; the rest stemmed from eight different types of fees — all of which, Whitlock said, Miller had “contractually agreed to.” Miller’s lease had also stated that residents were “responsible for keeping the premises free from infestation of pest, etc.,” he said.
With no attorney to represent her, Miller went to court. Delayed by a search for parking, she missed her case, and Absolute Recovery won a judgment against her. A court employee told her the agency could soon move to garnish her paycheck, she said.
Miller in her living room near a collection of her sons’ trophies (Andrea Morales for ProPublica)
Under Tennessee law, debt collectors can seize up to a quarter of debtors’ take-home pay, and in Shelby County, which contains Memphis, they sought to do so in over 21,000 cases in 2015, according to a ProPublica analysis of court records. Such garnishments are far more common in black neighborhoods.
“I cried, stressing at work,” said Miller. “I couldn’t work, trying to figure out what to do.”
At the time, Miller earned $9 an hour working for a catering company where her hours were often cut without warning. Although she’d never had an extended stretch of unemployment, the last several years had been a struggle. She still carried $19,000 in student loans from a cosmetology program, and a $1,100 loan from a car title lender, TitleMax, which she’d used to cover one month’s shortfall. TitleMax routinely lends at annual interest rates above 150 percent in Tennessee, and every month Miller had to come up with about $100 in interest to keep the company from seizing her 2003 Pontiac Grand Prix. If Absolute Recovery garnished her wages, Miller stood to lose her apartment, her electricity or the car she drove to work.
The pressure, she said, pushed her into bankruptcy court. “It’s hard out here,” she said. “I hate that I had to go through it just to keep people from garnishing my check.”
She Googled “bankruptcy attorney” and landed on the website of Arthur Ray, who has been practicing in Memphis since the 1970s. His website was topped with “$0” in large type. “Most of our Chapter 13 bankruptcies are filed for $0 attorney’s fee up front.” She called and made an appointment.
EARLIER THIS YEAR, I headed to Memphis to meet people like Miller and find out why attorneys there kept funneling their black clients into Chapter 13 plans when so few could complete them. I came armed with what amounted to a score sheet for each attorney, showing how their black and white clients had fared. ProPublica had taken every case filed in the district over 15 years, paired it with census information and put it on a map. In a starkly segregated city like Memphis, we could deduce the race of their clients with confidence based on where they lived.
I caught up with Ray by phone. Like most of the higher volume lawyers in the district, Ray is white while most of his clients are black. About nine out of every 10 of his cases is a Chapter 13. And he was twice as likely to file under Chapter 7 for a white client as he was for a black client.
None of this troubles Ray in the least. If Chapter 13 has an evangelist, it’s Ray, who trumpets its attributes unapologetically. In his eyes, debtors need Chapter 13 to train them to get their financial houses in order and instill discipline on their unruly spending.
“A Chapter 13 shows people how to live without buying things for that 60-month plan,” he said. “With a Chapter 7, wham bam it’s over, and they’re back to the same old thing, the bad habits that got them in trouble to begin with.”
When debtors squander Chapter 7’s power to erase debt, he argued, they are stuck — barred from filing again for eight years. Better to keep that option in reserve for something truly catastrophic, he said.
Ray conceded that most of his clients do not successfully complete their Chapter 13 plans, but he argued that wasn’t so bad. “It may be a long time before the creditors come after them,” he said. And when the phone calls and the legal notices do come back, “then they can file again.”
In Western Tennessee, More Bankruptcy Filings, But Less Debt Relief for Black Debtors
Filings by Disposition, 2008-2010, All Chapters, Majority Black Census Tracts vs. Majority White Census Tracts
Source: Department of Justice data, ProPublica analysis. Even though residents of the mostly black areas in the Western District of Tennessee file for bankruptcy in much higher numbers than residents of white areas, they are less likely to actually see any debt discharged, or wiped out. With Chapter 7 and Chapter 13 filings combined, there were almost 8,000 more filings by debtors from mostly black census tracts from 2008-2010, but debtors from mostly white tracts received almost 3,000 more discharges.
I told Ray that Novasha Miller hadn’t understood the difference between the two chapters. Ray was not troubled by this either. As required by law, he said, he provides clients with documents explaining the difference, but any client who asks about Chapter 7 will get an argument from him. “They need to learn how to live not buying things on credit,” he said.
Few attorneys are likely to express this paternalistic view as bluntly as Ray, but the idea that bankruptcy courts should rehabilitate debtors instead of simply freeing them of their debts dates back to the 1930s, when, buoyed by creditors’ lobbying efforts, Chapter 13 first became law. It’s a form of bankruptcy that sprang from the South: Started as an experiment by the bankruptcy court in Birmingham, Alabama, it was added to the federal bankruptcy code through a bill authored by a Memphis congressman. To this day, many see Chapter 13 as the more honorable form of bankruptcy because it includes some attempt to repay debts.
But when I asked some of Ray’s colleagues why so many of their clients filed under Chapter 13, honor was rarely mentioned. Instead, they said it was about holding on.
“Chapter 13 is generally a ‘keep your stuff’ chapter,” is how Bert Benham, a Memphis bankruptcy attorney, put it.
Most people who end up filing in the district don’t own much. In 2015, 69 percent of those who filed under Chapter 13 didn’t own a home, and the median, or typical, income was less than $23,000 per year.
For many people, the most important thing is keeping their car, a necessity in Memphis, which has little public transportation. Used car lots abound, offering subprime credit. When borrowers fall behind and lenders threaten repossession, Chapter 7 won’t stop that from happening. But Chapter 13 allows secured debts to be repaid over the course of the plan. In theory, loan payments on a car or mortgage can be reduced to an affordable level, providing time to catch up without fear of repossession or foreclosure.
Lured by this promise, desperate Chapter 13 filers can spend years caught in a loop. One Whitehaven resident told me how, in order to hold on to her car, she’d filed under Chapter 13 four times since 2011. The first time, she lost her job a year and a half after filing, and her case was dismissed after she fell behind. She immediately filed again to keep the car for job interviews, using unemployment benefits to make the payments until she couldn’t. She then filed a third time. Finally in 2014, after her third dismissal, she got a new part-time job paying $11 an hour and filed again.
She still has two years of payments to go and will have spent most of her 30’s trying to hold on to her car. “If I’d known,” she said, “I just would have let my car go.”
Bernise Fulwiley, 60, filed for Chapter 13 in 2014 to avoid foreclosure on her home, a brick bungalow with a large maple in the yard on a corner in Whitehaven. The following year, she lost her warehouse job when she required foot surgery and couldn’t keep up her payments. She got another warehouse job, earning $9.50 an hour, and filed again. She has kept up the payments for two years, and is determined to make it for three more.
“‘God, go before me. Open this door! Help me, Lord!’ That’s been my prayer,” she said. “I ain’t gonna never give up.”
For decades, the most prolific bankruptcy firm in Memphis has been Jimmy McElroy’s, known for its long-running TV commercials featuring the now-deceased Ruby Wilson, a legendary blues and gospel singer dubbed the Queen of Beale Street. At the end of 30-second spots, she exclaimed, “Miss Ruby sings the blues, and you don’t have to!”
McElroy, a mild-mannered white man in his 70s with a genteel lilt to his speech, told me that “the ultimate success” for a Chapter 13 filing is “to pay it out, get a discharge, get out of debt. And then learn to live within your means.” From 2011 through 2015, McElroy’s firm filed over 8,000 Chapter 13 cases and fewer than 900 Chapter 7 cases. About 80 percent of his clients come from predominantly black neighborhoods.
But “ultimate success” is rare at his firm. Only about one in five of the Chapter 13 cases filed by his black clients reached discharge, a rate typical for the district. When I asked why, McElroy, whose office is in the same tower as the bankruptcy court, said clients generally “get the temporary relief they needed,” but then things just happen: “They lose their job. They get sick. They get a divorce.”
Sometimes Chapter 7 does seem like a better choice, he said, but the client can’t afford to pay the attorney fee, which, at his firm, is about $1,000. In those cases, he’ll advise them to start with a Chapter 13, since it’s “more affordable to get into,” he said. “I tell them … ‘If you get in a better situation, we can convert later.’”
Debtors are, indeed, allowed to switch from Chapter 13 to Chapter 7 after their cases have begun, although it typically requires paying an additional attorney fee. But this rarely happens in the district. Only about 5 percent of Chapter 13 filings since 2008 converted to Chapter 7, according to our analysis. For McElroy’s firm’s cases, it was 2 percent.
OFTEN IN MEMPHIS, the whole goal of bankruptcy is just to address basic needs, even if only for a month or two.
Last year, Memphis Light, Gas and Water cut off customers’ electricity for nonpayment 98,000 times. It’s an “astoundingly high” number given that Memphis provides electricity to fewer than 400,000 customers and “far higher than any other large urban utility that I’ve seen,” said John Howat, senior energy analyst with the National Consumer Law Center.
Nearly half the Chapter 13 cases filed by black residents in the district had utility debt, our analysis of 2010 filings found. The typical debt with the utility company was $1,100. For customers with poor credit, the utility has a policy of disconnecting service within a couple months if the arrears grow beyond $200.
MLGW does offer programs for low-income customers and installment plans for those who fall behind. “We have probably some of the most liberal customer assistance programs of any utility in the country,” said Gale Carson, spokeswoman for MLGW.
But that assistance is limited to just a few thousand households. And the installment plans require customers to make the payments in addition to their normal monthly bills.
By declaring bankruptcy, debtors can start a monthly Chapter 13 plan tied to their income and get the power turned back on within a month or so.
In February, I visited Michael Baloga, an attorney at Long, Umsted, Jones & Kriger, at the firm’s downtown storefront, just down the street from the Shelby County Jail and next door to a bail bond agent.
“Chapter 13 bankruptcy can be a necessary evil at times,” he told me. “Like, for today, there are people who are coming in because it’s cold, and they don’t have electricity.”
Michael Baloga, a bankruptcy attorney with Long, Umsted, Jones & Kriger, outside his office in downtown Memphis. More than 90 percent of the time, the firm files under Chapter 13 for its largely black and low-income clientele. (Andrea Morales for ProPublica)
Baloga said he didn’t like to file cases just for that reason. “But on the other hand, am I going to let them sit and freeze in their home because they don’t have it? … I know that they’re going to file the bankruptcy and that they’re not going to stay in it very long. In the alternative, am I just going to turn them away and say, ‘No, you’re not going to get a chance at all?’”
For the firm’s predominantly poor and black clientele, the chances are remarkably low: Only one in 10 of the cases result in a discharge. Most don’t last six months.
Using bankruptcy this way “seems like using a sledgehammer to hang a picture,” said Judge Latta. But she understands why debtors do it. “I think bankruptcy, in Memphis anyway, is very much part of the social safety net,” she said, “and all these problems fall down into it.”
About 18,000 times each year, Tennessee suspends the driver’s license of a Shelby County resident for failing to pay a traffic fine, according to state data obtained by Just City, a Memphis nonprofit advocacy organization. About 84 percent are black drivers, although only half of Shelby County’s residents are black.
In 2010, about a quarter of black residents filing Chapter 13 had outstanding debt with the Shelby County General Sessions Criminal Court, which handles mostly misdemeanors and traffic offenses, our data shows. Their typical debt was around $1,600.
Court officials said licenses are only suspended if defendants fail to pay fines within 12 months. The court offers installment plans, including one called the Driver’s Assistance Program that allows drivers to regain their licenses. But only about 230 people were enrolled in the program as of March, they said.
For those who can’t afford or don’t qualify for the court’s programs, Chapter 13 provides an answer. They can get their licenses reactivated within a matter of months and stretch payments over five years, if they make it that long. Such fines can’t be eliminated through Chapter 7.
In Chicago, similar pressures have led to a recent boom in Chapter 13 filings. Chapter 13 filings by black residents in the Northern District of Illinois rose 88 percent from 2011 to 2015, we found. There, the issue is mostly parking tickets, according to ProPublica’s analysis and a recent academic study of filings in Cook County. But, like Memphis, it’s overwhelmingly black debtors who file for Chapter 13 to forestall license suspensions or car seizures.
In Memphis, that means the debtors who use the bankruptcy system the most — low-income black debtors — fare the worst.
“I say all the time that in Memphis, debtors don’t earn a living wage,” said Sylvia Brown, one of the two trustees for Chapter 13 cases in Memphis.
A FEW FLOORS ABOVE THE BANKRUPTCY COURT are the offices of Cohen & Fila, a firm with a mostly poor clientele and one of the highest volume practices in the district. I asked Tom Fila, a Yankee transplant who has practiced bankruptcy law in Memphis for more than 20 years, about one of his clients: The firm had filed 17 cases on her behalf, all but two under Chapter 13. She was one of at least 465 people who had filed for bankruptcy 10 or more times in the district between 2001 and 2015, ProPublica’s analysis found. These repeat filers tend to be among the poorest.
Fila bristled at the implication that his firm had filed the cases for any reason but the best interest of the client. “I’m not making money on these cases, and I probably shouldn’t file them,” he told me. “I often tell my clients that repeated filings aren’t doing them any good. They are ending up in the same spot they started in, only now they have multiple bankruptcy cases on their credit report … but at the end of the day I’m not the one living without utilities or being evicted or being without transportation.”
Of course, most of the time attorneys in the district do get paid something. When we analyzed the Chapter 13 cases filed in 2010, we found that, on average, attorneys in the district collected $1,340 per case out of their full $3,000 fee. Some firms, like Fila’s, collected much less (about $700), and some collected more.
But what has made bankruptcy a viable business for the biggest firms in Memphis for so long is the sheer volume. From the 12,000-plus Chapter 13 cases they filed in 2010, we estimate that attorneys reaped at least $16 million in attorney fees over the next five years. McElroy’s firm, the largest, collected at least $2 million.
Things have worked this way in the district for as long as anyone can remember. The district’s chief judge, David Kennedy, who has presided over cases since 1980, said attorneys have been charging $0 down to file Chapter 13s at least since the 1970s.
He sees no clear need for reform. Chapter 13 “provides, I think, better relief, depending on the circumstances,” he said, adding that the large number of dismissals is not necessarily bad. “Just because it doesn’t go to discharge doesn’t mean it’s a failed case.” A homeowner might file Chapter 13 to stop a foreclosure, he said, then use the breathing room to work out a loan modification with the mortgage servicer and drop the case voluntarily.
That undoubtedly does happen. But most debtors in the district don’t own a home.
Judge Latta said efforts to help the poor file under Chapter 7 for free have met with resistance. “We get a lot of pushback on pro bono programs here,” she said. “[Attorneys] say, ‘But, judge, we can put them in a Chapter 13, and we can get paid for that.’”
It’s no secret in Memphis that bankruptcy works differently outside the South, but the scope of that contrast is staggering. In 2015, for example, there were 9,000 Chapter 13 cases filed in Shelby County, while in Brooklyn, New York, there were fewer than 300. Brooklyn has a similar poverty rate, median income and higher housing costs. Like Shelby County, it has a large black population. It also has 1.6 million more people.
What’s the biggest difference? How bankruptcy attorneys are paid. In Brooklyn, attorneys usually ask for around $2,000 upfront to file a Chapter 13, said Michael Macco, a trustee in the Eastern District of New York. As a result, poorer households simply can’t afford to file. The typical Chapter 13 debtor who hired an attorney in Brooklyn in 2015 was a middle-income homeowner with $420,000 in assets — over 40 times more in assets than filers in Shelby County.
The reasons for vast differences like these among courts are largely arbitrary. While bankruptcy is a federal institution, ruled by laws made in Washington, D.C., each local court is essentially its own kingdom with its own customs shaped by the judges, trustees and attorneys who work there. Scrutiny of these differences, and how they affect debtors, has been scant.
While judges like Kennedy are untroubled by the flood of unsuccessful Chapter 13s, our analysis found Memphis attorneys who have built successful bankruptcy practices in a different way. In an office park on the eastern edge of the city, I met Jerome Payne, who has filed more Chapter 7s on behalf of black clients than anyone in the district in recent years, despite not being in the top 10 firms in terms of total volume.
Jerome Payne, one of the few black bankruptcy attorneys in Memphis. Payne has filed more Chapter 7s on behalf of black clients than any other attorney in Memphis in recent years. (Andrea Morales for ProPublica)
That alone would make Payne stand out. But Payne is also, unlike all but a few debtor attorneys in Memphis, black.
A cop turned nurse turned attorney, Payne, 66, has been practicing bankruptcy law in Memphis since the 1990s. Inside his office, the thick carpeting and friendly banter between Payne and his two long-standing employees give the place a homey feel, albeit a home with files stacked everywhere and large binders labeled “GARNISHMENTS” spilling out of a cabinet.
African-American identity is a major part of his practice. When his firm sends out letters to prospective clients — usually people who have been sued over a debt – he tries to make sure they know. “I use black heritage stamps,” he said. Sometimes he uses Kwanzaa stamps. He includes a page with inspirational sayings, like one with a quote from Marcus Garvey, a leader of the Black Nationalist movement, who is depicted with his body in the shape of Africa.
The emphasis on blackness is not just a marketing gimmick, he said. Because the clients are “people who look like me,” he said, “they feel more comfortable with me.”
And that, he said, may help in convincing debtors that Chapter 7 is a better choice. Payne’s challenge, he said, is getting them “to take the emotions out of a home, the apartment, out of the vehicle” and decide that they are better off without the debt.
This discussion is what he calls his “come-to-Jesus meeting.” Contrary to Arthur Ray’s emphasis on teaching his clients financial discipline through five years of payments, Payne promotes the discipline of letting go of possessions they can’t afford.
“Me being African American, and me understanding my community, maybe I’ve been more successful in showing them that this is not the way you ought to go,” he said.
Crucially, Payne also approaches fees differently. Whether it’s a Chapter 7 or Chapter 13, the down payment is usually a couple hundred dollars, and his clients can pay the remainder in installments.
He doesn’t file Chapter 13 cases for no money down, because he just doesn’t like the idea. And he has an employee, instead of him, discuss fee arrangements with clients, he said, because “I found that it colors the way that I do business.”
A bookcase in Payne’s Memphis office. Because his clients are “people who look like me,” Payne said, “they feel more comfortable with me.” (Andrea Morales for ProPublica)
Brad George is another attorney in the district who often files Chapter 7 cases for his clients. His approach is simple. “It’s not rocket science, I can tell you that,” said George, who is white and has practiced bankruptcy in Memphis for 20 years. If there is a good reason to do a Chapter 13, like a threatened foreclosure or driver’s license issue, then he will file that way. Otherwise, he said, “I think you should try and always, always, always do a [Chapter 7].”
To file a Chapter 7 with George, it costs the debtor $555, with most of that due upfront. That is about half of what many other attorneys charge in Memphis. But, to George, it just seems like enough.
“I figure I spend about two hours on average per Chapter 7 [case],” he said. “So that’s pretty fair, I’d say.”
George also doesn’t file Chapter 13 cases for no money down, instead asking for around $200 dollars, giving his clients a much more balanced choice between how much money they have to come up with to file Chapter 7 versus Chapter 13.
George’s black clients file under Chapter 7 almost half the time, according to our analysis, a rate that is almost two and a half times what is typical in the district. There is also little racial disparity in what portion of his black and white clients end up in Chapter 7.
Payne and George agree that their flexibility with fees is likely a key reason they are able to file more Chapter 7 cases for black clients.
There are understandable reasons why attorneys tend to be less flexible with Chapter 7 fees. When debtors receive a discharge of their debts at the end of the case, outstanding fees to their attorneys are also wiped out. Any further payments are voluntary. As a result, debtor attorneys — in Memphis or anywhere else — generally require the entirety of their fee upfront. To address this problem, some scholars have called for Congress to change the law to make attorney fees clearly exempt from discharge.
Such a change could have a large effect. The firm that files the most bankruptcy cases in Atlanta, for example, files Chapter 7 cases for $0 down, with the entirety of the fee due through an installment plan that lasts several months. The chief judge in the Northern District of Georgia has ruled that such arrangements are legal, and other large firms in the Atlanta area have adopted the practice.
The result is clear. In the heart of the South, most of the filings in the Northern District of Georgia are under Chapter 7 — compared to less than 30 percent in the rest of the state. And notably, black debtors in that district file under Chapter 7 almost half the time, a rate significantly higher than even the white debtors in the Western District of Tennessee.
FOR NOW, things in Memphis continue as they seemingly always have. In April, less than six months after it began, Novasha Miller’s Chapter 13 case was dismissed. Though she hasn’t heard anything yet, her old landlord’s collection agency is again free to attempt garnishment of her wages.
Miller said that a miscommunication with her attorney led to the dismissal. After she changed jobs again (the new one pays a little bit less, $9.36 an hour, but it’s full-time and she likes the people), she notified Ray’s office, she said, but the plan payments were never set up to be automatically withdrawn from her paychecks. However it happened, having paid about $600, all of which was absorbed by court and attorney fees, she was back to square one. Choosing Chapter 7 could have resulted in her emerging from bankruptcy with her student loan as her only remaining debt. Instead, her debts, having gone unpaid for months, were now larger — she’s not clear yet just how much — the interest applied as if the bankruptcy had never happened.
She is thinking of filing again, maybe with a different attorney. And hopefully, she said, this time it’ll work out.
Republished with permission under license from ProPublica.
In July 1943, one month after a race riot shook Detroit, Vice President Henry Wallace spoke to a crowd of union workers and civic groups:
“We cannot fight to crush Nazi brutality abroad and condone race riots at home. Those who fan the fires of racial clashes for the purpose of making political capital here at home are taking the first step toward Nazism.”
The Pittsburgh Courier, a leading African-American newspaper at the time, praised Wallace for endorsing what they called the “Double V” campaign.
The Double Victory campaign, launched by the Courier in 1942, became a rallying cry for black journalists, activists and citizens to secure both victory over fascism abroad during World War II and victory over racism at home.
There is a historical relationship between Nazism and white supremacy in the United States. Yet the recent resurgence of explicit racism, including the attack in Charlottesville, has been greeted by many with surprise. Just look at the #thisisnotwhoweare hashtag.
As a scholar of African-American history, I am troubled by the collective amnesia in U.S. politics and media around racism. It permeates daily interactions in communities across the country. This ignorance has consequences. When Americans celebrate the country’s victory in WWII, but forget that the U.S. armed forces were segregated, that the Red Cross segregated blood donors or that many black WWII veterans returned to the country only to be denied jobs or housing, it becomes all the more difficult to talk honestly about racism today.
Nazis and Jim Crow
As Adolf Hitler and the Nazi regime rose to power in the 1930s, black-run newspapers quickly recognized that the Third Reich saw the American system of race law as a model. Describing a plan to segregate Jews on German railways, the New York Amsterdam News wrote that Nazis were “taking a leaf from United States Jim Crow practices.”
The Chicago Defender noted that “the practice of jim-crowism has already been adopted by the Nazis.” A quote from the official newspaper of the SS, the Nazi paramilitary organization, on the origins of the railway ban stated:
“In the freest country in the world, where even the president rages against racial discrimination, no citizen of dark color is permitted to travel next to a white person, even if the white is employed as a sewer digger and the Negro is a world boxing champion or otherwise a national hero…[this] example shows us all how we have to solve the problem of traveling foreign Jews.”
In making connections between Germany and the United States, black journalists and activists cautioned that Nazi racial ideology was not solely a foreign problem. A New York Amsterdam News editorial argued in 1935:
“If the Swastika is an emblem of racial oppression, the Stars and Stripes are equally so. This country has consistently refused to recognize one-tenth of its population as an essential part of humanity…It has systematically encouraged the mass murder of these people through bestial mobs, through denial of economic opportunity, through terrorization.”
Victory at home
When the United States entered WWII, African-Americans joined the fight to defeat fascism abroad. Meanwhile, the decades-long fight on the home front for equal access to employment, housing, education and voting rights continued.
These concerns prompted James G. Thompson, a 26-year-old from Wichita, Kansas, to write to the editors of the Pittsburgh Courier. His letter sparked the Double Victory campaign. Considering his service in the U.S. Army, which was racially segregated during WWII, Thompson wrote:
“Being an American of dark complexion and some 26 years, these questions flash through my mind: ‘Should I sacrifice my life to live half American?’ ‘Will things be better for the next generation in the peace to follow?’…‘Is the kind of America I know worth defending?’”
For Thompson and other African-Americans, defeating Nazi Germany and the Axis powers was only half the battle. Winning the war would be only a partial victory if the United States did not also overturn racial discrimination at home.
These ideals seemed particularly far away in the summer of 1943, when racial violence raged across the country. In addition to the riot in Detroit, there were more than 240 reports of interracial battles in cities and at military bases, including in Harlem, Los Angeles, Mobile, Philadelphia and Beaumont, Texas.
“Looky here, America / What you done done / Let things drift / Until the riots come […] You tell me that hitler / Is a mighty bad man / I guess he took lessons from the ku klux klan […] I ask you this question / Cause I want to know / How long I got to fight / BOTH HITLER — AND JIM CROW.”
The end of Hughes’ poem calls to mind the swastikas and Confederate flags that were prominently displayed in Charlottesville and at other white supremacist rallies. These symbols and ideologies have long and intertwined histories in the U.S.
Advocates of the Double Victory campaign understood that Nazism would not be completely vanquished until white supremacy was defeated everywhere. In linking fascism abroad and racism at home, the Double Victory campaign issued a challenge to America that remains unanswered.
Three days of violence forced African-American families to run for their lives and the aftereffects are still felt in the Illinois city today.
Two National Guard escort an African-American man in the tense summer weeks of 1917 in East St. Louis, Illinois. (Bettmann)
No one really knows about this. . . . I know about it because my father, uncles and aunts lived through it,” Dhati Kennedy says.
He’s referring to an incident that survivors call the East St. Louis Race War. From July 1 through July 3, 1917, a small Illinois city located across the river from its Missouri counterpart was overrun with violence. Kennedy’s father Samuel, who was born in 1910, lived in East St. Louis when the conflict occurred. A smoldering labor dispute turned deadly as rampaging whites began brutally beating and killing African-Americans. By the end of the three-day crisis, the official death toll was 39 black individuals and nine whites, but many believe that more than 100 African-Americans were killed.
St. Louis Globe Democrat headline on Tuesday July 3, 1917
“We spent a lifetime as children hearing these stories. It was clear to me my father was suffering from some form of what they call PTSD,” Kennedy recalls. “He witnessed horrible things: people’s houses being set ablaze, . . . people being shot when they tried to flee, some trying to swim to the other side of the Mississippi while being shot at by white mobs with rifles, others being dragged out of street cars and beaten and hanged from street lamps.”
Kennedy is the founder of the Committee for Historical Truth, a group that has spent 20 years commemorating the event and the subsequent black exodus from the city. This year, the Kennedys, survivors, historians and human rights activists are hosting three days of activities in East St. Louis and St. Louis, as well as on the Eads Bridge that connects the two cities. Many residents of East St. Louis used this bridge to flee into Missouri.
“Thousands of blacks were streaming across that bridge when what they called the ‘race war’ got into full swing,” Kennedy says. “When that happened, the police shut down the bridge, and no one could escape. Some, in desperation, tried to swim and drowned.”
The September 1917 issue of The Crisis, the official magazine of the National Association for the Advancement of Colored People (NAACP)
Racial tensions began simmering in East St. Louis—a city where thousands of blacks had moved from the South to work in war factories—as early as February 1917. The African-American population was 6,000 in 1910 and nearly double that by 1917. In the spring, the largely white workforce at the Aluminum Ore Company went on strike. Hundreds of blacks were hired. After a City Council meeting on May 28, angry white workers lodged formal complaints against black migrants. When word of an attempted robbery of a white man by an armed black man spread through the city, mobs started beating any African-Americans they found, even pulling individuals off of streetcars and trolleys. The National Guard was called in but dispersed in June.
On July 1, a white man in a Ford shot into black homes. Armed African-Americans gathered in the area and shot into another oncoming Ford, killing two men who turned out to be police officers investigating the shooting. The next morning, whites pouring out of a meeting in the Labor Temple downtown began beating blacks with guns, rocks and pipes. They set fire to homes and shot residents as they fled their burning properties. Blacks were also lynched in other areas of the city.
Carlos F. Hurd, a reporter known for his harrowing interviews with survivors of the R.M.S. Titanic wreck, published a July 3 eyewitness report in the St. Louis Post-Dispatch. The article was also quoted in The Crisis.
“The East St. Louis affair, as I saw it, was a man hunt, conducted on a sporting basis, though with anything but the fair play which is the principle of sport,” Hurd wrote. “There was a horribly cool deliberateness and a spirit of fun about it. ‘Get a nigger’ was the slogan, and it was varied by the recurrent cry, ‘Get another!’”
Hugh L. Wood, writing for the St. Louis Republic, was also quoted in The Crisis: “A Negro weighing 300 pounds came out of the burning line of dwellings just north and east of the Southern fright home. . . . ‘Get him!’ they cried. So a man in the crowd clubbed his revolver and struck the Negro in the face with it. Another dashed an iron bolt between the Negro’s eyes. Still another stood near and battered him with a rock. Then the giant Negro tumbled to the ground. . . . A girl stepped up and struck the bleeding man with her foot. The blood spurted onto her stockings and men laughed and grunted.”
The Crisis articles include more scenes of raw horror: a person was beheaded with a butcher knife, and a 12-year-old African-American girl fainted after being pulled from a trolley bus. Her mother stopped to help and a white crowd attacked, leaving the mother prostrate with a gaping hole in her head.
As Kennedy’s family prepared for a Sunday morning church service, they learned that whites were heading into the “African quarter.” His grandmother called everyone into the house, and his teenaged father and uncles prepared for battle. Some in the city—both white and black—had just returned from World War I.
“Uncle Eddie and some of the other young men were armed—he had a squirrel rifle. They staked out in front of our home and warded off the marauding white mob as they came down our street. They had to take cover because the white men were shooting at them,” Kennedy says. “There was a standoff if you will, and I understand from my uncle that it seemed to last for hours. They witnessed the burning of homes and people. . . . People were hanged as well.”
By early Monday morning, the whole neighborhood was on fire. Kennedy’s family decided to run for the river under the cover of darkness.
“According to my uncles, it took four hours to get across that river. . . .They fashioned a raft out of old doors and charred wood to cross the Mississippi River and get to the St. Louis side,” Kennedy explains. “The raft [sprung] leaks, but they were able to get across.”
Even now, Kennedy says, the family deals with the aftermath of those harrowing days. His grandmother, Katherine Horne Kennedy, died several weeks after the riots from pneumonia and the stress of the crossing. To this day, the family tells children answering the door to look out of the window and stand aside—somebody might be waiting outside with a gun.
“My uncles said they had to stay on the Missouri side of the river, and in the east the horizon was just glowing for weeks from burning buildings. For days afterward, you could still hear screams and gunshots,” Kennedy says.
He is looking forward to the centennial commemoration because, as he explains, freedom did not come easily to African-Americans, and people need to know what happened. East St. Louis was not the only example of violence against blacks: Other cities suffered similar destruction, including Tulsa, Oklahoma, in 1921, and Rosewood, Florida, in 1923.
The centennial begins with a film festival in East St Louis on July 1. The next day, a procession accompanied by drummers will leave from East St. Louis and proceed to the middle of the Eads Bridge. A memorial wreath will be placed in the river, and sky lanterns will be released in honor of those who died. There will be discussions at a local church on July 3, a day of resurrection.
But Kennedy notes that in East St. Louis, a stone’s throw from Ferguson, Missouri, the healing is far from over. Ferguson is ground zero for the Black Lives Matter movement, which erupted in the wake of the 2014 police killing of unarmed African-American teenager Michael Brown.
“With all of the talk of healing, especially after Ferguson—here we call it the uprising—my feeling is how can you heal over a festering sore?” Kennedy asks. “You’ve got to clean it out and disinfect it first, and to do that we have to know the truth.”
For information and videos about other race riots, visit the Race Riot and the Red Summer of 1919 pages at Court.rchp.com
Republished from article originally appearing in the Smithsonian
James T. Hodgkinison, a white 66-year-year old man from Belleville, Illinois, is the alleged shooter in this morning's attack at a GOP baseball practice. Most mass shootings are done by white men, however, the word terrorist is rarely used or associated when the shooter is white.
As we have pointed out on our racial media bias page, incidents involving blacks and other non-whites are handled very different. Negative descriptors such as thugs, drug relate, gang related, radical muslim extremist are used, but I have yet to hear the media describe any white shooter as a radical christian extremist. When the shooter is muslim or black the media treats the incident as an indictment against the entire religion or race.
This incident brought the Cookie Thornton shooting to mind and I wondered what prompted James Hodgkinson to act. I suspect that some benefit or program that Hodgkinson relied was cut. As more jobs are lost to artificial intelligence and automation, more people will be pushed over the edge. Unless we start profiling white men, these incidents will most likely increase, especially when economic conditions began negatively impacting their standard of living and they discover there is no safety net for them.
The rising homegrown terror threat on the right
By Arie Perliger –Director of Security Studies and professor, University of Massachusetts Lowell
The murder in College Park, Maryland of Richard Collins III, an African-American student who had recently been commissioned as a second lieutenant in the U.S. Army and was days away from his graduation from Bowie State University, underscores the violence of America’s far-right wing. Sean Urbanski, the University of Maryland student who allegedly stabbed Collins to death, belongs to a racist Facebook group called Alt-Reich: Nation.
The rising homegrown terror threat on the right May 28, 2017 1.47pm EDT Mourners embrace at a vigil for Richard Collins III, who was stabbed to death in College Park, Maryland. AP Photo/Brian Witte
It makes sense that the FBI is helping the police investigate this incident as a suspected hate crime. But my 15 years experience of studying violent extremism in Western societies has taught me that dealing effectively with far-right violence requires something more: treating its manifestations as domestic terrorism.
While attacks such as the recent suicide bombing in Manchester that left 22 people dead and several dozen injured will probably continue to garner more headlines, this growing domestic menace deserves more attention than it’s getting.
This distraught man and an FBI agent were standing at the site of the Murrah Federal Building in 1995, after the Oklahoma City bombing reduced it to rubble. Rick Wilking/Reuters
Domestic terrorism
Terrorism is a form of psychological warfare. Most terrorist groups lack the resources, expertise and manpower to defeat state actors. Instead, they promote their agenda through violence that shapes perceptions of political and social issues.
Collins’ murder, if it was motivated by racist sentiments, should be treated as an act of domestic terrorism, which I define here as the use of violence in a political and social context that aims to send a message to a broader target audience. Like lynching, cross-burning and vandalizing religious sites, incidents of this kind deliberately aim to terrorize people of color and non-Christians.
I consider domestic terrorism a more significant threat than the foreign-masterminded variety in part because it is more common in terms of the number of attacks on U.S. soil. For example, my report published by the Combating Terrorism Center at West Point identified hundreds of domestic terror incidents per year between 2008 and 2012.
Another report initially published in 2014 by New America Foundation on domestic incidents of extremist violence shows that excluding the Orlando nightclub massacre, between 2002-2016, far-right affiliated perpetrators conducted 18 attacks that killed 48 people in the United States, while terrorists motivated by al-Qaida’s or the Islamic State’s ideology killed 45 people in nine attacks.
The Orlando mass shooting, given its mix of apparent motives, is hard to categorize.
A spontaneous appearance
In briefings with law enforcement and policymakers, I have sometimes encountered a tendency to see U.S. right-wing extremists as a monolith. But traditional Ku Klux Klan chapters operate differently than skinhead groups, as do anti-government “patriot” and militia groups and anti-abortion extremists. Christian Identity groups, which believe Anglo-Saxons and other people of Northern European descent are a chosen people, are distinct too.
Certainly, there is some overlap. But these groups also differ significantly in terms of their methods of violence, recruitment styles and ideologies. Across the board, undermining the threat they pose requires a more sophisticated approach than investigating their criminal acts as suspected hate crimes.
In an ongoing study I’m conducting at the University of Massachusetts Lowell with several students, we have determined that, as apparently occurred with Collins’ recent murder in Maryland, many attacks inspired by racist or xenophobic sentiments may appear spontaneous. That is, no one plans them in advance or targets the victim ahead of time. Instead, chance encounters that enrage the perpetrators trigger these incidents.
Sporadic attacks with high numbers of casualties that are plotted in advance, such as Dylann Roof’s murder of nine African-Americans in a Charleston, South Carolina church, are always big news. More typical incidents of far-right violence tend to draw less attention.
The widow of Clementa Pinckney, a pastor and South Carolina lawmaker slain in the mass murder at Charleston’s Mother Emanuel African Methodist Episcopal Church, hugs her daughter during a 2015 memorial service for victims of that attack. AP Photo/Carolyn Kaster
The fatal stabbing of Taliesin Myrddin Namkai Meche and Ricky John Best aboard a train in Portland, Oregon on May 26 seems to be emerging as an exception. The alleged killer of these two white men, Jeremy Joseph Christian, attacked them with a knife after they stood up to him for haranguing two young women who appeared to be Muslim, police said. A third injured passenger is expected to survive. Much of the media coverage is focused on Christian’s violent and racist background.
Given the spontaneous nature of so much far-right violence, U.S. counterterrorism policies should, in my view, target the dissemination of white supremacist ideology, rather than just identifying planned attacks and monitoring established white supremacy groups.
An iceberg theory
The number of violent attacks on U.S. soil inspired by far-right ideology has spiked since the beginning of this century, rising from a yearly avarage of 70 attacks in the 1990s to a yearly avarage of more than 300 since 2001. These incidents have grown even more common since President Donald Trump’s election.
The Southern Poverty Law Center, a nonprofit that researches U.S. extremism, reported 900 bias-related incidents against minorities in the first 10 days after Trump’s election – compared to several dozen in a normal week – and the group found that many of the harassers invoked the then-president-elect’s name. Similarly, the Anti-Defamation League, a nonprofit that tracks anti-Semitism, recorded an 86 percent rise in anti-Semitic incidents in the first three months of 2017.
Beyond the terror that victimized communities are experiencing, I would argue that this trend reflects a deeper social change in American society.
Murders and other violent attacks perpetrated by U.S. far-right extremists compose the visible tip of an iceberg. The rest of this iceberg is under water and out of sight. It includes hundreds of attacks every year that damage property and intimidate communities, such as the recent attempted burning of an African-American family’s garage in Schodack, New York. The garage was also defaced with racist graffiti.
The parents of University of North Carolina dental student Deah Shaddy Barakat, who was murdered alongside his wife and her sister by a man who had expressed xenophobic sentiments, grieve at a vigil for the three Muslim Americans in 2015. Reuters/Chris Keane
Data my team collected at the Combating Terrorism Center at West Point show that the significant growth in far-right violence in recent years is happening at the base of the iceberg. While the main reasons for that are still not clear, it is important to remember that changes in societal norms are usually reflected in behavioral changes. Hence, it is more than reasonable to suspect that extremist individuals engage in such activities because they sense that their views are enjoying growing social legitimacy and acceptance, which is emboldening them to act on their bigotry.
Budget cuts
Despite an uptick in far-right violence and the Trump administration’s plan to increase the Department of Homeland Security budget by 6.7 percent to US$44.1 billion in 2018, the White House wants to cut spending for programs that fight non-Muslim domestic terrorism.
The federal government has also frozen $10 million in grants aimed at countering domestic violent extremism. This approach is bound to weaken the authorities’ power to monitor far-right groups, undercutting public safety.
How many more innocent people like Richard Collins III – and Taliesin Myrddin Namkai Meche and Ricky John Best – have to die before the U.S. government starts taking the threat posed by violent white supremacists more seriously?
This article was republished with permission under license from The Conversation with an included preface.
By Derek Black – Professor of Law, University of South Carolina
A federal district court judge has decided that Gardendale – a predominantly white city in the suburbs of Birmingham, Alabama – can move forward in its effort to secede from the school district that serves the larger county. The district Gardendale is leaving is 48 percent black and 44 percent white. The new district would be almost all white.
The idea that a judge could allow this is unfathomable to most, but the case demonstrates in the most stark terms that school segregation is still with us. While racial segregation in U.S. schools plummeted between the late 1960s and 1980, it has steadily increased ever since – to the the point that schools are about as segregated today as they were 50 years ago.
As a former school desegregation lawyer and now a scholar of educational inequality and law, I have both witnessed and researched an odd shift to a new kind of segregation that somehow seems socially acceptable. So long as it operates with some semblance of furthering educational quality or school choice, even a federal district court is willing to sanction it.
While proponents of the secession claim they just want the best education for their children and opponents decry the secession as old-school racism, the truth is more complex: Race, education and school quality are inextricably intertwined.
Rationalizing Gardendale’s segregation
In some respects, Gardendale is no different from many other communities.
Thirty-seven percent of our public schools are basically one-race schools – nearly all white or all minority. In New York, two out of three black students attend a school that is 90 to 100 percent minority.
In June 2017, New York City released a plan to diversify its public schools. The plan includes an advisory group that will evaluate current diversity pushes and recommend additional ones by June 2018. Leonard Zhukovsky/Shutterstock
In many areas, this racial isolation has occurred gradually over time, and is often written off as the result of demographic shifts and private preferences that are beyond a school district’s control.
The Gardendale parents argued their motivations were not about race at all, but just ensuring their kids had access to good schools. The evidence pointed in the other direction: In language rarely offered by modern courts, the judge found, at the heart of the secession, “a desire to control the racial demographics of [its] public schools” by “eliminat[ing]… black students [from] Gardendale schools.”
Still, these findings were not enough to stop the secession. As in many other cases over the past two decades, the judge conceded to resegregation, speculating that if she stopped the move, innocent parties would suffer: Black students who stayed in Gardendale would be made to feel unwelcome and those legitimately seeking educational improvements would be stymied.
Simply put, the judge could not find an upside to blocking secessionists whom she herself characterized as racially motivated.
As such, the court held that Gardendale’s secession could move forward. Two of its elementary schools can secede now, while the remaining elementary and upper-level schools must do so gradually.
The problem with conceding to segregation
Unfortunately, there’s no middle ground in segregation cases. No matter what spin a court puts on it, allowing secessions like Gardendale’s hands racism a win.
While it’s true that stopping the secession may come with a cost to members of that community who have done nothing wrong, our Constitution demands that public institutions comply with the law. That is the price of living in a democracy that prizes principles over outcomes.
From left to right, George E.C. Hayes, Thurgood Marshall and James M. Nabrit stand in front of the Supreme Court in Washington, D.C. 1954. The lawyers led the case against the Board of Education of Topeka to end segregation in schools. AP Photo
In this case, the constitutional principles are clear. In Brown v. Board of Education, the Supreme Court held that there is no such thing as separate but equal schools: Segregated schools are “inherently unequal.”
Rather than stick to these principles, the judge in the Gardendale case seemingly tried to strike a bargain with segregation. As long as Gardendale appoints “at least one African-American resident” to its school board and does not do anything overtly racist moving forward, the court will allow the city to pursue its own agenda.
The sordid roots of school quality – and inequality
The ruling in Gardendale is a step toward reinforcing an unfortunate status quo in Alabama.
Alabama is one of a handful of states that amended its state constitution in an attempt to avoid desegregation in the 1950s. The amendment gave parents the right to avoid sending their kids to integrated schools and made clear that the state was no longer obligated to fund public education. Alabama preferred an underfunded and optional educational system to an integrated one. Courts quickly struck down the discriminatory parts of the new constitution, but the poor state education system remained.
Today, student achievement in Alabama ranks dead last – or near it – on every measure. Most communities don’t have the resources to do anything about it. Funding is relatively low – and unequal from district to district. Even after adjusting for variations in regional costs, a recent study shows that the overwhelming majority of schools in Alabama are funded at ten percent or more below the national average and another substantial chunk is thirty-three percent or more below the national average.
Parents trapped in under-resourced schools understandably feel like they need to take action. But rather than demanding an effective and well-supported statewide system of public schools, parents with the means often feel compelled to isolate their children from the larger system that surrounds them.
And while whites and blacks struggle over the future of Gardendale’s schools, the real culprits – the current state legislature and the segregationists who gutted public education in Alabama decades ago – go unchallenged.
In 2006, the Nebraska legislature approved a plan to divide Omaha public schools into three districts: one predominantly white, one black and one Hispanic. Lawmakers argued that resegregation would give black parents more control over their schools. AP Photo/Nati Harnik
The path forward leads through equal public education
The education system in Alabama, like in so many other states, is rigged against a large percentage of families and communities: Those with less money tend to get a worse education. Until these states reform their overall education funding systems, the inequalities and inadequacies that they produce will continue to fuel current racial motivations.
The lawsuit in Gardendale was a poor vehicle for fixing Alabama’s education system: The state’s overall education system was not on trial. The only issue before the court was a racially motivated district line in one small community.
But our small communities are connected to larger education systems.
In my view, we cannot fix those systems by way of more individual choice, charters, vouchers or school district secessions. The fact is, educational funding is down across the board, when compared to a decade ago. If we want all students to have a decent shot at better education, we need to recommit to statewide systems of public education. Only then will our base fears and racial biases begin to fade into the background.
Republished with permission under license from The Conversation.
Displacement of black and Latino households was so dramatic, crisis should be seen as a 'mass migration event' says lead author of paper
The foreclosure crisis that drove approximately 9 million people across the United States from their homes disproportionately displaced black and Latino households and led to a spike in segregation along racial lines, a new study finds.
In fact, displacement was so dramatic that Matthew Hall, assistant professor at Cornell University and lead author of the study, told Common Dreams that the crisis should be seen as a "mass migration event."
"We found that the racial patterns of the foreclosure crisis are shocking and perhaps even more stark than we knew before," said Hall, who is a demographer.
Examining foreclosure rates in urban areas between 2005 and 2009, researchers found that black neighborhoods faced 8.1 foreclosures per 100 homes, and Latino neighborhoods faced a rate of 6.2 per 100 homes.
This compared with the average of 2.3 foreclosures per 100 homes in white neighborhoods, meaning that majority black and Latino neighborhoods faced home-loss rates at approximately three times that of white areas.
A report summary explains that "white households were significantly more likely to leave areas with high foreclosure rates, while black and Latino families entered these neighborhoods out of necessity or to seek newly affordable housing options."
This led to the re-segregation of urban areas.
Researchers concluded that overall segregation jumped dramatically during this period, growing by 50 percent between Latinos and whites and 20 percent between blacks and whites, as people of color moved into neighborhoods vacated by white people.
"This really was a crisis that hit African-Americans and Latinos especially hard," said Hall.
"But the foreclosure crisis has not ended," Hall added. "There are still a large number of foreclosures that are unresolved and homes that are somewhere in the foreclosure process, which can take years. The impacts of the crisis on segregation have therefore not been completely borne out."
Republished with permission under license from CommonsDreams
The Asian man who on Sunday was dragged off a United Airlines flight from Chicago to Louisville, for refusing to give up his seat, has been a public relations disaster for the airline, especially in China.
There was early speculation in China that the victim was Chinese. He has now been identified as David Dao, a 69-year-old Kentucky physician of Vietnamese origin, but the fact that the man was Asian is a strong theme in much of the Chinese social media response. By the end of Tuesday afternoon in China, there had been over 200 million views on Weibo, the Chinese equivalent of Twitter, for the hashtag #UnitedForcesPassengerOffPlane and a lot of people called for a boycott.
According to Vincent Ni, an editor at BBC Chinese, the reaction on Chinese social media has been one of widespread outrage. It’s been very overwhelming, and most of the comments are very angry towards United Airlines. "A lot of people involved in these discussions mention race — a lot. That is part of the big reason why it has attracted so much attention."
Dr. Dao suffered a concussion, broken nose, damaged sinuses and lost two front teeth when he was pulled from his seat and dragged off the flight according to his lawyer, Thomas Demetrio.
China is the most populous nation on Earth and is one of the largest aviation markets in the world. United Airline is the largest US carrier in China and operates 20 percent of the routes between China and the US.
Lessons for African-Americans
Asians didn't wait for an investigation, the video told them everything they needed to know. They didn't march or protest, they quickly united together by calling for a boycott against United.
The strong reaction by Asians and others prompted United Airlines to quickly change their narrative. The went from blaming the passenger to apologizing and admitting that they did something wrong.
United Airlines CEO Oscar Munoz originally said the passenger was "disruptive and belligerent" and employees "followed established procedures," and told employees he "emphatically" stood behind them. By Tuesday, Munoz stated:
"The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.
"I want you to know that we take full responsibility and we will work to make it right.
"It's never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what's broken so this never happens again."
United We Stand, Divide we Fall
How many videos of African-Americans being abused or even murdered have we seen with no satisfactory result? Last year we posted, "Where protest fails, violence prevails". As stated then, we need to inflict economic pressure, a sort of consumer violence to get the companies we support to start supporting us back.
African-American Mizzou football players successfully used economic violence as they supported Jonathan Butler’s hunger strike by threatening not to play. Mizzou could have lost millions of dollars. Public support of WNBA players taking a stand against police shootings was another time economic violence was successful. Unfortunately, African-American commnunities do not more effectively use economic pressure more effectively when members of the community are systemically treated unfairly.
Until and unless we cause economic pain when African-Americans are abused, we will continue to experience physical and emotional pain caused by police brutality. Additionally, we need to practice Pan-Africanism. The Asian reaction to the abuse of Dr. Dao should serve as an example for African-Americans. When people of African descent in other parts of the world experience crisis, we should react.
Africa was home to the richest man of all time, Masa Musa. Much of Africa's wealth was stolen, including its people, during European colonization. Many of Africa's resources are still under colonial control. Africa currently contains approximately 30 percent of the Earth's remaining mineral resources, including gold, diamonds, and oil. Even though Africa's population has been ravaged by war, political strife, genocide, colonization, drought, hunger, Aids, Ebola and more, it is home to more than 1.2 billion people.
The United States has a black population of about 43 million. The Black press in the United States needs to build partnerships with the press in Africa and other areas with large concentrations of people of African descent and report about their issues. Syria is not the only nation experiencing a crisis. However, charity starts at home and we need to put our differences behind and work together. Black churches, organizations, activist, celebrities and supporters need to start forming alliances to create a more coordinated response to issues affecting our community.
"You and I – as I say, if we bring up religion we’ll have differences; we’ll have arguments; and we’ll never be able to get together. But if we keep our religion at home, keep our religion in the closet, keep our religion between ourselves and our God, but when we come out here, we have a fight that’s common to all of us against an enemy who is common to all of us."
The United States government routinely dismisses the civil rights and humanitarian issues in African-American communities. The U.S. quickly intercedes in areas such as Syria under the guise of humanitarian relief, but ignores similar or worse situations in Africa. Below are the top countries outside of Africa and the United States with the largest populations of people of African descent.
Unfortunately, people of African descent suffer racism and economic oppression all over the globe. For example in England, although the African population is better educated than the white population, 26 percent of the blacks have had at least some college education compared 13 percent of the whites, however, the black community faces greater unemployment and poverty rates. Data shows that half of Black Africans in the UK live in low-income households compared to 20 percent of white people.
Colonial powers became experts of divide and conquer strategies which to this day prevent people of African descent from joining together to improve their economic and political position. During slavery, African tribes and nations were coerced into the slave trade, Willie Lynch style practices were adopted during slavery, the FBI sabotaged the Marcus Garvey back to Africa movement, white jealousy of Black prosperity resulted in the destruction of Tulsa's Black Wall Street, the government targeted civil rights leaders, black organizations became dependent on donations from white corporations and government funding and are now held hostage by threats of defunding if they work too aggressively on behalf of the oppressed, it is believed that Muammar Gaddafi may have been targeted because he was trying to unite African nations under a single currency backed by the vast resources of Africa.
A viral Facebook video posted by the Lake County Sheriff’s Department in Florida features the sheriff surrounded by four masked officers, their eyes hidden behind sunglasses, their torsos protected by bullet-proof vests, wearing the olive green pants of the military — not the blue of law enforcement. Many on social media have pointed out the similarities to ISIS videos, which usually show a row of masked militants issuing extreme threats to enemies. They look like some sort of para-military hit squad, and that's what Sheriff Peyton Grinnell promises they will be.
"To the dealers that are pushing this poison, I have a message for you," the sheriff warns. "We're coming for you. As a matter of fact, our undercover agents have already bought heroin from many of you… To the dealers, I say: Enjoy looking over your shoulder, constantly wondering if today is the day we come for you. Enjoy trying to sleep tonight as you wonder if tonight's the night our SWAT team blows your door off its hinges."
The sheriff's message presumably was designed to be reassuring for the good citizens of Lake County, but the sheriff's promise of increased para-militarized, high-intensity, middle-of-the-night drug raids is anything but, given the record of SWAT raid errors over the years.There's no shortage of news stories about police targeting the wrong house often with disastrous results.
In the Trump era, the fear that Sheriff Grinnell actions might be the first step in a new war on black people has to be considered. The election of President Trump has emboldened racist to commit overt acts. Recently a woman was denied an Airbnb rental and was specifically told it was because of her race. When the renter said she would report the racist action to Airbnb officials, the host replied: “It’s why we have Trump.”
Though putting on a smile might seem like a small price to pay to get ahead at work, research shows that keeping up a friendly façade is a path to job burnout, a state of complete exhaustion linked to a desire to quit and health issues. Recognizing this situation is a first step to improving conditions for black employees and customers alike. 
Advocates of the Double Victory campaign understood that Nazism would not be completely vanquished until white supremacy was defeated everywhere. In linking fascism abroad and racism at home, the Double Victory campaign issued a challenge to America that remains unanswered. 
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