I was hospitalized recently for three weeks. I was rushed by ambulance to the emergency room, transferred to another hospital for surgery where I spent the majority of my recovery in the intensive care unit (ICU).
Although a hospital is within an insurance provider’s network, the doctors providing care may not be. For insurance purposes, those physicians might be considered “out-of-network” providers, and the insurance company may not cover any of the treatment costs. This from what I understand is a fairly common practice. When this happens, the patient even when covered by insurance has to cover the majority of the medical cost.
Article By Michelle Andrews
Elham Mirshafiei was at the library cramming for final exams during her senior year at California State University-Long Beach when she grew nauseated and started vomiting. After the 10th episode in an hour, a friend took her to the nearest emergency room. Diagnosis: an intestinal bug and severe dehydration. In a few hours, she was home again, with instructions to eat a bland diet and drink plenty of fluids.
That was in 2010. But the $4,000 bill for the brief emergency department visit at an out-of-network hospital has trailed her ever since. Mirshafiei, 31, has a good job now as a licensed insurance adviser in Palo Alto, Calif. But money is still tight and her priority is paying off her $67,000 student loan debt rather than that old hospital bill.
Once or twice a year she gets a letter from a collection agency. She ignores them, and, so far, the consequences have been manageable. “It’s not like electricity that gets cut off if you don’t pay it,” she said.
Mirshafiei has plenty of company. At least 43 million other Americans have overdue medical bills on their credit reports, a federal Consumer Financial Protection Bureau report on medical debt found in 2014. And 59% of people contacted by a debt collector say the exchange was over medical bills, the most common type of contact stemming from an overdue bill, according to the CFPB.
This month, the CFPB proposed a rule to frame what debt collectors are allowed to do when pursuing many types of overdue bills, including medical debt.
Federal law already prohibits debt collectors from harassing consumers or contacting them before 8 a.m. or after 9 p.m., among other things. But the law, which was passed in 1977, didn’t anticipate emails and text messages. The CFPB’s proposal clarifies how debt collectors can use these communication tools. And it would allow consumers to opt out of being contacted this way.
The rule also specifies that debt collectors can make no more than seven telephone calls weekly over a specific debt.
But some consumer advocates panned the effort. “This really doesn’t go far enough to protect consumers and make sure that consumers are not abused or harassed or subject to unfair collection practices in debt collection,” said April Kuehnhoff, an attorney at the National Consumer Law Center who specializes in debt collection.
For instance, the center wants a limit of just three telephone attempts each week on a debt. The seven-call limit could be particularly tough on people with medical debt, Kuehnhoff said. They may accumulate bills from several providers for a single medical event — hospital, doctors, a lab and a nursing home, for example — and all could be in collections separately, potentially resulting in dozens of calls each week.
Debt collectors aren’t necessarily in favor of the seven-call cap either, but for different reasons. They say that limiting the number of calls could lead to more litigation or adverse credit reporting rather than working out a payment plan. Overall, the proposed rule seemed to strike a good balance between collection industry and consumer concerns, said Leah Dempsey, vice president and senior counsel for federal affairs at ACA International, a trade group representing 2,500 debt collectors, asset buyers and related professions.
The general consensus is that people should pay their debts. But taking responsibility for medical debt isn’t always as straightforward as paying off a large-screen TV that someone put on a credit card. Did health insurance pay the correct amount? Was the person screened for eligibility for Medicaid, charity care or financial assistance?
“The actual debt collector problem is often about the lack of accountability that providers have for the people that they pass their debt along to,” said Leonardo Cuello, director of health policy at the National Health Law Program.
When a debt collector calls, consumers who are confused about the bill should ask, in writing and generally within 30 days, that the debt be validated. Debts are often bundled and sold multiple times to different collectors, which means errors may be introduced along the way. “There are no magic words; you don’t need to cite the statute,” said Justin J. Lowe, legal director at Health Law Advocates, a nonprofit law firm in Boston that helps people with low incomes who are having trouble accessing or paying for medical care.
At that point, the collection agency has to stop activities until it proves what the consumer owes. The proposed CFPB rule would spell out verification information that must be provided along with instructions for consumers about how to dispute the debt.
The proposal would also address other practices, including the collection of so-called zombie debt. That refers to a bill that has passed a time limit — or statute of limitations — for bringing legal action, often between three and six years, depending on the state. In many states, if a collector sues someone for such a time-barred debt, consumers can raise the issue in court in their defense. If a judge agrees, the case could be dismissed.
Consumer advocates have long wanted debt collectors to be prohibited from trying to collect zombie debt. After several years, it can be difficult for patients to remember whether a bill has been paid or to locate records, they argue.
The proposed CFPB rule would prohibit debt collectors from suing or threatening to sue consumers for zombie debt, but only if the collectors knew or should have known that the statute of limitations had expired. That puts the onus on the consumer to prove what was in the debt collector’s mind rather than merely showing that too much time had passed to collect.
It’s unclear how the proposed changes announced by the CFPB might affect Mirshafiei’s situation. The statute of limitations in California on written contracts is four years.
One thing someone in Mirshafiei’s situation should be aware of is that making a payment could reset the statute of limitations, Lowe said. The debt collector could argue that by making a payment the person is affirming that he or she owes the debt.
Because of her damaged credit, Mirshafiei needed a relative to co-sign for student loans for graduate school. She worries that if she tries to buy a house, she’ll have trouble getting approved.
“I just hope that in the next chapter of my life I don’t have to be denied things because of this stain on my record,” she said.
As the federal government moves ahead with the rule to address various types of debt collection activities, legislators in a few states have introduced bills that specifically target medical debt. Their efforts often focus on improving access to financial assistance for medical care and limiting predatory debt collection tactics.
Last month, Washington Gov. Jay Inslee signed a law that reduces the maximum interest rate on medical debt prior to a court judgment from 12% to 9%. It also prohibits sending a medical debt to collections until 120 days after the patient is sent the initial bill and requires collection agencies to provide itemized statements to patients for medical and hospital debts and to notify them of their possible eligibility for charity care.
In Oregon, a bill sponsored by Rep. Andrea Salinas would require nonprofit hospitals and affiliated clinics to provide care free of charge to families with incomes up to 200% of the federal poverty level (about $43,000 for a family of three) and charge a sliding scale for families earning up to 400% of the poverty level (about $85,000 for a three-person family).
Like the Washington law, the Oregon bill places limits on the interest charged for medical debt. It also requires health care facilities to screen patients for eligibility for financial assistance and insurance.
The bill passed the House earlier this month. Some hospitals already have strong financial assistance policies, but the playing field needs leveling, said Salinas. “We really need hospitals to be a part of the solution to prevent consumers from going into bankruptcy over medical debt.”
Republish with permission under license from Kaiser Health News a national health policy news service.
As the agency’s ability to audit the rich crumbles, its scrutiny of the poor has held steady in recent years. Meanwhile, a new study shows that audits of poor taxpayers make them far less likely to claim credits they might be entitled to.
employee exits the building in Washington, D.C.
By Paul Kiel
Every year, the IRS, starved of funds after years of budget cuts, loses hundreds more agents to retirement. And every year, the news gets better for the rich — especially those prone to go bold on their taxes. According to data released by the IRS last week, millionaires in 2018 were about 80% less likely to be audited than they were in 2011.
But poor taxpayers continue to bear the brunt of the IRS’ remaining force. As we reported last year, Americans who receive the earned income tax credit, one of the country’s largest anti-poverty programs, are audited at a higher rate than all but the richest taxpayers. The new data shows that the trend has only grown stronger.
Audits of the rich continue to plunge while those of the poor hold steady, and the two audit rates are converging. Last year, the top 1% of taxpayers by income were audited at a rate of 1.56%. EITC recipients, who typically have annual income under $20,000, were audited at 1.41%.
Part of the reason is ease. Audits of EITC recipients are largely automated and far less complicated.
“While the wealthy now have an open invitation to cheat, low-income taxpayers are receiving heightened scrutiny because they can be audited far more easily. All it takes is a letter instead of a team of investigators and lawyers,” said Sen. Ron Wyden, D-Ore., the ranking member of the Senate Finance Committee.
“We have two tax systems in this country,” he said, “and nothing illustrates that better than the IRS ignoring wealthy tax cheats while penalizing low-income workers over small mistakes.”
In a statement, IRS spokesman Dean Patterson acknowledged that the sharp decline in audits of the wealthy is due to the agency having lost so many skilled auditors. And he didn’t dispute that pursuing the poor is just easier.
Because EITC audits are largely conducted through the mail by lower-level employees from a central location, they are “less burdensome for taxpayers than in-person audits as they mail in their documentation and don’t have to take time out of the workday,” Patterson said.
“Correspondence audits are also the most efficient use of IRS’ limited examination resources.”
In April, Wyden, citing ProPublica’s reporting, asked IRS Commissioner Charles Rettig to deliver a plan to address the agency’s disproportionate focus on auditing the poor. The deadline has passed, but Wyden’s office said the senator still expects a response. The IRS did not comment on the delay.
The agency audited 382,000 recipients of the EITC in 2018, accounting for 43% of all audits of individuals last year. When we mapped the estimated audit rates for every county in America, the counties with the highest audit rates were poor, rural, mostly African American and in the South, a reflection of the high number of EITC claims there.
Natassia Smick and her husband were among those unlucky 382,000 households. We wrote about them last year. They live outside Los Angeles and saw their entire refund frozen in February 2018. For a couple who earned about $33,000 in 2017, that $7,300 refund was big money ($2,000 of it stemmed from the EITC). When it didn’t come, Smick said she had to abandon plans for catching up with her credit card debt.
After Smick sent in all her supporting documents, it took until this May to get a final answer from the IRS. Fourteen months after it all started, the IRS said it agreed Smick and her husband were due about $7,000, she said. But the agency disagreed on the remaining $350, because it couldn’t verify her husband’s employment for part of the year. Smick said the IRS was wrong to hold back the $350, but she couldn’t afford to contest it and further delay the $7,000.
“I’m not going to fight anymore,” she said. “We have already waited too long, and we are not in a financial position to wait another three months to appeal.”
For poor taxpayers, the worst part of the EITC audits is usually the beginning. That’s because they almost always begin with the shock of the refund being held.
But the audits also hardly ever end well. According to data in the new study, most end without the taxpayer responding at all, and the poorer the audit target, the more likely that is to happen. Those with wage income under $10,000 per year, for instance, didn’t respond at all in 64% of the EITC audits. For those with income over $40,000 per year, that rate dipped to 35%.
The diminished response rate of the poorest taxpayers in part reflects that they are harder to reach: In 15% of those audits, the mail couldn’t be delivered. But earlier studies have also shown that many poor taxpayers don’t understand they are being audited or have trouble deciphering what the IRS is asking in its letters.
The EITC is aimed mainly at low-income workers with children. Last year, 26 million households received an average credit of about $2,500. Most EITC audits require taxpayers to dig up documents to show that a child meets the legal threshold of a “qualifying child,” a status that’s distinct from a dependent. The IRS has long blamed the law’s complexity as the main reason taxpayers may incorrectly claim the credit.
Smick was among the rare audit veterans who prevailed. Taxpayers rarely win against the IRS regardless of how likely they are to qualify for the credit, according to the new study, which was done by Day Manoli, an assistant professor of economics at the University of Texas at Austin, and researchers with the IRS and Treasury Department.
The authors sliced the population of EITC recipients into categories. At one end of the spectrum were tax returns with red flags that made it almost certain they would be audited. On the other end were returns very unlikely to be audited. But, looking over time, the outcomes of those audits weren’t all that different. When those returns with red flags were audited, the taxpayers prevailed 7% of the time. The taxpayers at the other end of the spectrum — the group seemingly most likely to qualify for the credit — only prevailed 10% of the time.
The audits have a long-term impact on the lives of those who go through them, the study found. In the years after they were audited, wage earners were 68% less likely to claim the credit compared with similar taxpayers who had not been audited. They were even 14% less likely to file taxes at all.
These taxpayers surrender “benefits from potentially legitimate EITC claims,” the study authors write, and, when they fail to file taxes at all, leave money on the table in the form of other credits and withholdings.
Because the IRS conducts so many EITC audits — between 380,000 and 600,000 per year over the past decade — at the very least, hundreds of thousands of taxpayers have likely avoided claiming the credit in response to having it denied through an audit. By discouraging people from claiming the credit, the audits clash with an avowed goal of the IRS: to encourage people to claim it. About a fifth of those eligible for the credit don’t claim it, and the IRS runs education campaigns to increase uptake.
EITC recipients are audited at such a high rate in part because Republicans in Congress have long pressured the IRS to reduce incorrect payments of the credit.
The IRS estimates that there was about $18 billion in incorrect claims in 2018. In most contexts, $18 billion is a big number, but when compared with the full scope of unpaid taxes, which likely total more than $600 billion each year, it’s not so big.
And while that $18 billion number, which Republicans touted as a “big problem” in the April hearing, is often cast as a kind of government waste, the study shows things are far more complicated.
In the years following an audit, the study found, children who were claimed on one taxpayer’s return often were claimed on a different taxpayer’s return. In other words, the kids might have just been claimed on the wrong return, and if that’s the case, the money should have been paid out, just to someone else.
The authors distinguish between the $18 billion in “gross overpayments” of the credit, which would include such misdirected payments, and what they call “net overpayments,” money that shouldn’t have been paid out at all. The “net” number, they say, could be one-third to one-half smaller than the “gross” one.
The IRS, in its statement, said the study had focused on a sample of only one type of taxpayer (single and head-of-household filers), and so the estimate of “net overpayments” should not be generalized to the entire EITC-claiming population.
Republished with permission under license from ProPublica, a Pulitzer Prize-winning investigative newsroom.
The federal class-action claims thousands of people in Missouri were jailed because they couldn’t pay off fines. Four years after the suit was filed, the plaintiffs are still waiting, and wondering if the deck is stacked against them.
By Topher Sanders
In January 2014, Tonya DeBerry was driving through an unincorporated area of St. Louis County, Missouri, when a police officer pulled her over for having expired license plates.
Allison Nelson in Jennings, Missouri. Her mother, Tonya DeBerry, was jailed over outstanding traffic tickets from three jurisdictions. After paying St. Louis County, she was handed over to Ferguson and Jennings, and in each, she was told she’d be released only after paying a portion of the fines.
After discovering that DeBerry, 51, had several outstanding traffic tickets from three jurisdictions, the officer handcuffed her and took her to jail.
To be released, she was told, she would have to pay hundreds of dollars in fines she owed the county, according to her account in a federal lawsuit. But after her family came up with the money, DeBerry wasn’t released from custody. Instead, she was handed over to the municipalities of Ferguson and Jennings, and in each city, she was told she would be released only after she paid a portion of the fines she owed them, according to the lawsuit.
It was as if she were being held for “ransom,” her lawyer would later say.
The Supreme Court ruled almost 50 years ago that a person can’t be jailed for not being able to pay a fine. But like so many people in Missouri, DeBerry had ended up cycling through a succession of jails for that very reason, caught up in what critics have called modern-day “debtors prisons,” used by towns to keep fines flowing into municipal coffers.
“It’s a cat-and-mouse game,” said her daughter, Allison Nelson, who has also spent time in jail for not being able to pay traffic fines.
If DeBerry and her family were exasperated by the heavy-handed collection efforts, they would learn how hard it would be to hold the authorities accountable, especially in Ferguson, even after the killing of Michael Brown later that year drew national attention to the city’s troubled criminal justice system.
The city slowly stopped jailing people for not being able to pay fines as the news media showed the victims were primarily black and the Justice Department made clear that what Ferguson had been doing was wrong. But four years after a federal class-action suit was filed against the city on behalf of thousands of people who claimed they were jailed for their inability to pay fines, the plaintiffs are still waiting for redress.
The city has sought to have the lawsuit dismissed, filing a succession of motions, arguing among other reasons that instead of suing the city, the plaintiffs should be suing the municipal division of the state court. All three of the motions have been denied by the judge, Audrey G. Fleissig, of the U.S. District Court in St. Louis, though one of the rulings was appealed and that took about a year to resolve.
Nelson flips through photocopies of traffic tickets and legal filings.
One issue has proved to be particularly frustrating to the plaintiffs: whether the city of Ferguson is even insured for a class action.
In March 2016, the lawyer representing Ferguson sent an email to a representative of the city’s insurer, saying that the scope of the lawsuit had expanded, and that concern about the case “grew” after a similar suit was settled for what was believed to be a “substantial amount of money.”
The five-sentence email concluded with the lawyer, Peter Dunne, of the St. Louis firm Pitzer Snodgrass, saying that legal action may be necessary to resolve the question of whether the city was covered for a class action.
“We believe a DJ [declaratory judgment] suit to determine coverage may be necessary,” Dunne wrote.
Three months later, the insurance trust filed a declaratory judgment suit against Ferguson in St. Louis County Circuit Court, asking a judge to find that the city did not have insurance coverage for class actions.
Dunne’s role was not publicly known until September when St. Louis Post-Dispatch columnist Tony Messenger reported Ferguson’s allegation that Dunne had violated his duty to the city. The email documenting Dunne’s discussion of a lawsuit with the insurer was first obtained by ProPublica. Dunne, one of the firm’s principals, did not respond to requests for comment. The other principals did not respond to emails or to a call to the firm’s office.
Suggesting legal action involving his own client was a breach of legal ethics, some experts said, and the revelation has only deepened the sense among the plaintiffs and their supporters that the deck is stacked.
“No matter where the citizens of Ferguson go in the legal system, justice is really hard for them to obtain,” said Vincent Southerland, executive director of New York University School of Law’s Center on Race, Inequality and the Law. “It’s another example that we have a legal system that was not built to protect and vindicate the rights of the most vulnerable among us.”
The killing of Brown by a police officer in August 2014 and the unrest that followed thrust Ferguson into the middle of a growing national debate over race and law enforcement. But for black people in Ferguson and the surrounding North County region, racial discrimination had long defined their relationship with the local police and courts.
Even as the rest of the country moved on from Ferguson, the people seeking a judgment against the city found themselves mired in the machinations of an insular legal system and an overburdened insurance carrier.
Ferguson, a city of about 21,000 people, was insured through a cooperative of 25 municipalities called the St. Louis Area Insurance Trust, commonly referred to as SLAIT.
Messenger said the rural courts ensnared whites, while in Ferguson and elsewhere in North County, it was blacks who were victimized. “But it’s the same concept,” he said. “It’s policing on the poor, it’s jurisdictions that don’t have a tax base anymore looking to the judicial system as a fundraising tool and judges allowing themselves to be tax collectors rather than purveyors of justice.”
Four years after a federal class-action suit was filed against Ferguson on behalf of thousands who claimed they were jailed for their inability to pay fines, the plaintiffs are still waiting for redress.
The trust hired Dunne to provide Ferguson’s defense of the class-action lawsuit. But his firm, Pitzer Snodgrass, was also providing the trust with legal advice on insurance coverage issues, according to a court filing by Ferguson. That set up what Ferguson said in the filing was a conflict that the city had not been made aware of.
Even if city officials wanted to settle the case, the trust claims in court filings there isn’t coverage and it won’t pay out. The insurance trust’s lawsuit will determine whether there is coverage.
Michael Downey, a law professor at Washington University in St. Louis and an expert on legal ethics, said that unless Dunne had Ferguson’s permission, Dunne should not have talked to the insurer about the possibility of a lawsuit over coverage.
“A breach of the duty of confidentiality basically to encourage a party to take action against your client is a pretty serious violation of the rules,” Downey said.
Even if Dunne thought he was conveying something that the insurer already knew, the exchange was still concerning, Downey said.
The trust, through its lawyer, declined to comment.
Michael Frisch, Georgetown University Law Center’s ethics counsel, said that, were the bar to pursue an investigation, any punishment would not be severe. A reprimand — at most, he said.
“It’s the kind of a thing that would not draw that much of a response from the bar,” Frisch said. “Lawyers tend not to get suspended for things like this.”
New York University law professor Stephen Gillers, who specializes in legal ethics, said that regardless of any punishment, Dunn’s actions are significant.
“It’s a big deal, because clients are entitled to loyalty,” he said. “If you can’t be equally loyal to both clients, then you have a conflict and you have to withdraw entirely or from one or the other client.”
For lawyers hired by insurance companies to represent policyholders, the question of who is the client was for many years unsettled ethical terrain, experts say.
Lawyers can feel a sense of obligation to the insurance companies that hire them — and that can provide a steady stream of business — said William Barker, co-author of “Professional Responsibilities of Insurance Defense Counsel.”
Barker, a Chicago lawyer with the firm Dentons, said that until the 1970s, lawyers hired by insurance companies to represent a policyholder typically thought of the company as their chief client. But a series of court decisions since then established that the lawyer owes undivided loyalty to the policyholder, and that is why the lawyer’s actions in the Ferguson case appear to be troubling, Barker said. “That’s something that the defense lawyer ought not to be doing,” he said. “The lawyer who is handling the defense ought not to be involved, certainly in advising the insurance company on coverage issues.”
Michael-John Voss, a lawyer for the ArchCity Defenders, the civil rights group that brought the lawsuit against Ferguson, expects to case to drag into 2020.
“The relief and the remedy has been a long time coming, and there’s no clear end in sight,” he said. “And it reemphasized to me the way that these larger structures are put in place to avoid accountability and to perpetuate a system of social control.”
ProPublica asked the insurance trust if it had instructed Dunne to act as he did, but the trust’s lawyer said the organization would not answer any of ProPublica’s questions because of the ongoing lawsuits.
The insurance cooperative was created in the 1980s to help small St. Louis-area municipalities share the cost of liability insurance and health care. The arrangement worked for the occasional slip-and-fall claim and other routine municipal litigation. But it has not held up well in the face of payouts to cops injured on duty and for actions by the police and the courts.
Most notably, the trust paid $1.5 million to Brown’s family in 2017 to settle a wrongful death claim against Ferguson. But that was hardly the only big hit in recent years. In 2016, a jury awarded $3 million to the family of Jason Moore, an unarmed 31-year-old man, who died after a Ferguson police officer delivered several shots from a Taser.
A state audit released in February showed the organization’s fund balance dropped to $3.8 million in 2018 from $12.2 million in 2016. Like many insurers, the trust also has its own coverage, known as reinsurance, and it turned to those carriers to help with the Moore verdict. But the companies have told the trust that they won’t cover the judgment in the Moore case because the companies allege the trust improperly notified them of the claim. The trust is suing the companies.
Dunne and his firm are no longer working on the Ferguson case. The firm was disqualified by the judge after it hired a lawyer from the ArchCity Defenders who represented one of the lawsuit’s plaintiffs in court.
De’carlon Seewood, who stepped down in March after three and a half years as Ferguson’s city manager, said resolving the lawsuit will help the community move beyond the abuses and the notoriety that came with them.
“It is important to kind of move forward and show that new face, that better face,” Seewood said this year, before he left Ferguson to become the city manager in Fairburn, Georgia, just outside Atlanta. Jeffrey Blume, Ferguson’s interim city manager, directed questions to the city’s attorney, who declined to answer.
Seewood said the city had hoped the insurance trust would take care of the settlement the way the insurer for the city of Jennings had. But Jennings was in a very different position. Its insurer was Travelers, the country’s sixth-largest property and casualty insurer. By contrast, the insurance trust is a small cooperative with dwindling funds.
“The insurance [trust] looked at the enormity of what’s being asked and they said that’s it’s outside their [coverage] of the city, and so the city finds itself fighting with its insurance company about [coverage],” Seewood said.
According to a memo written by the trust’s claims administrator, the plaintiffs originally asked for $27.5 million but during mediation in April 2016 reduced the demand to $9.5 million. That amount is what the plaintiffs believe, based on the policies, is the total coverage limit of Ferguson’s insurance.
Alexandra Lahav, a professor at the University of Connecticut School of Law and an expert in civil litigation, said a case like this typically would be resolved in about two years and said the insurance dispute was slowing the process.
“This really shouldn’t be a very complicated class action,” Lahav said.
Lisa Soronen, executive director for the State and Local Legal Center, a Washington organization that supports states and local governments in legal disputes that rise to the U.S. Supreme Court, said the dispute between the trust and Ferguson didn’t leave the city with many sound options other than fighting the case mightily.
“As a practical matter, Ferguson’s a really small city that has no money,” she said. “If there’s no insurance coverage and there’s a huge judgment, I don’t know how it would pay.”
John Rappaport, a professor at the University of Chicago Law School who has studied the impact insurance can have on police practices and policies, said insurance trusts have a reputation for being less likely than commercial insurers to settle cases involving police officers.
“The risk pools or the trusts, they see themselves as extensions of the cities themselves,” he said. “Their reluctance to settle litigation against the police would seem [to be] a kind of loyalty to their members — their cities.”
Rappaport said commercial insurers often see the issues as purely a matter of dollars and cents.
“Whereas if the city either is in a risk pool or the city represents itself, they see it as more of like a moral issue, like we have to stand up for our officers,” he said.
Even after the Ferguson suit is resolved, litigation in Missouri over “debtors prison” practices won’t be. ArchCity Defenders has lawsuits pending in six other cities, with more in the pipeline stretching beyond North County.
DeBerry, the Ferguson woman who was a named plaintiff in the Ferguson class action, was also a plaintiff in the lawsuit against neighboring Jennings, which settled for $4.8 million less than a year and a half after the suit was filed.
But the suit in Ferguson has dragged on longer than DeBerry could wait.
She died in April 2018.
“And now she will never even get a piece of this justice because she’s no longer here,” said Nelson, her daughter. “That’s sad, that’s really sad. It’s actually pathetic because it should have never come to that. It hurts.”
DeBerry died in April 2018. “And now she will never even get a piece of this justice because she’s no longer here,” Nelson said.
Republished with permission under license from ProPublica, a Pulitzer Prize-winning investigative newsroom.
There appears to be a concerted effort to destroy the reputations and images of Black men. Not even the dead are immune. Fifty-one years after his death, Dr. Martin Luther King Jr. is the latest target; allegations of rape and participation in orgies have surfaced.
FBI's History of Targeting Black Activism
From the 1910s to the 1970s, the FBI treated civil rights activists in general, and African American activists in particular, as either disloyal “subversives” or “dupes” of foreign agents. The FBI’s predecessor, the Bureau of Investigation, sought to “compel black loyalty” during World War I and investigate “negro radicalism” in the 1920s.
FBI records show between 1956 and 1971 a covert and at times illegal program, COINTELPRO, targeted black leaders and civil rights organizations with the stated purpose of surveilling, infiltrating, discrediting, and disrupting their activities. The FBI file on my uncle Dick Gregory contains over 3,700 pages.
Two days after Dr. King delivered his famous “I Have a Dream” speech at the 1963 March on Washington, William Sullivan, the FBI’s director of intelligence, famously responded by writing, “We must mark him now, if we have not done so before, as the most dangerous Negro of the future in this Nation from the standpoint of communism, the Negro and national security.” In late August 1963, FBI leaders met to discuss ways of “neutralizing King".
COINTELPRO tactics are still used to this day, and have been alleged to include discrediting targets through psychological warfare; smearing individuals and groups using forged documents and by planting false reports in the media; harassment; wrongful imprisonment; and illegal violence, including assassination.
The FBI sent a secret memo in August 2017 to alert 18,000 law enforcement agencies that people involved in the black lives matter and similar movements could be "black identity extremism” an inflammatory term for a group that doesn’t even exist to discredit and criminalize black people protesting against police brutality and killings by labeling them as terrorists.
Sexual Allegations
In an 8,000-word article published in the British periodical Standpoint Magazine on May 30, David Garrow details the contents of FBI memos he discovered after spending weeks sifting through more than 54,000 documents located on the National Archive’s website. Initially sealed by court order until 2027, the documents ended up being made available in recent months through the President John F. Kennedy Assassination Records Collection Act of 1992.
The memos claim that agents knew that King and a group including Baltimore Pastor Logan Kearse were going to be staying at the Willard Hotel in January 1964 days before he ever arrived. The most troubling memos describe King witnessing a rape in a hotel room. Instead of stopping it, handwritten notes in the file say he laughed and encouraged Kearse who died in 1991 to continue. The FBI allegedly listened in on King and at least 11 others who participated in what the FBI memos describe as “an orgy” on Jan. 6, 1964.
Many of these transcripts were based on audiotapes that are still sealed until 2027 under a court order. That’s when the FBI’s full audiotapes, photographs and film footage of King will be unsealed per a 1977 court order.
Questionable Motives
Some historians have questioned Garrow’s choice to publish the content of the memos and transcripts without listening to the recordings, and have pointed out that the FBI had spent years trying to undermine King. People will rightly debate the trustworthiness of FBI sources, and Garrow’s interpretation of them. No figure, no matter how revered, should be immune from scrutiny over their potential support for violence against women.
But those weighing the evidence and its legitimacy should not forget that the tapes being used to facilitate this discussion were created and preserved with the goal of destroying Martin Luther King’s reputation. The FBI’s intent was to demoralize and fragment the coalition of supporters King brought together in his life, the people who find common purpose by honoring his memory.
Media Propaganda
A large segment of the black community is too quick to buy into racist narratives created in the news media about black athletes, entertainers, politicians, and leaders.
As we've mentioned before 90 percent of mass media is controlled by a few white corporations. Negative perceptions of black people persist primarily because of racist propaganda. Most white television programming and movies depict even successful black people as former drug dealers, criminals or they have some major character flaw and can't be trusted.
Bill Cosby's reputation was destroyed after a massive media propaganda campaign that accused him of sexually assaulting dozens of women. Cosby was eventually convicted of aggravated indecent assault and sentenced to 3 to 10 years in prison. The Cosby Show and A Different World helped spread a more positive image of African-Americans all around the world. The Cosby Show made possible a larger variety of shows with a predominantly African-American cast, such as In Living Color, The Fresh Prince of Bel-Air and others.
The Cosby Show may not have been possible if Dr. King hadn't inspired millions of people through his actions and words. Although, there were others who were equally dedicated, such as Medgar Evers and Malcolm X who also gave their lives fighting for civil rights; none were more persuasive. Now Dr. King's legacy which inspired a national holiday is under assault.
The white media machine will viciously attack Dr. King's reputation and legacy. Hopefully, large segments of the black community will not be fooled into abandoning one of their most cherished champions. As a reminder of white media's power; in January of this year, the following black reputations were attacked:
Michael Jackson and R. Kelly were vilified in the documentaries "Leaving Neverland" and "Surviving R. Kelly". Both were previously found not guilty in prior sex abuse cases. New charges were bought against Kelly after Surviving R. Kelly aired.
Chris Brown was arrested on rape and drug charges in Paris, however, charges were later dropped but the investigation remains open.
Jussie Smollett after reporting being attacked became a suspect and was indicted on 16 felony counts and faced 64 years in prison. The police held an elaborate press conference which was essentially trial by public opinion. All charges were eventually dropped and the Black prosecutor was smeared. The Chicago police just recently released hundreds of pages of the Smollett case file.
George Washington, Thomas Jefferson, and others are celebrated by white people despite them being slave owners and rapist. Many in the white community still believe black people should stand to honor a song adopted as the national anthem that celebrated the deaths and defeat of slaves who were fighting for their freedom.
Mentioning slaves fighting for freedom reminded me of the 2016 media attack on Nate Parker, director and star of "Birth of a Nation", a wonderful film about the slave rebellion led by Nat Turner. Nate Parker and his roommate and wrestling teammate, Jean McGianni Celestin, were accused of raping a white female student at Penn State. Parker was acquitted on all four counts brought against him. Celestin was convicted but it was later overturned. False rape allegations are an effective tool of white supremacists; countless numbers of black men have been lynched, jailed and ruined. "Birth of a Nation" was expected to be a huge success and Oscar contender until the media campaign smeared Parker's reputation prior to the release of the film.
Dr. King cannot defend himself against these outrageous allegations, so we must. He gave his life fighting for freedoms and privileges we now take for granted. Destruction of Dr. King's reputation is paramount to an assassination of his dream and legacy.
A few days ago, I examined the reasons why reparations were owed, however, I also stated that I didn't believe that debt would be paid. The reparations solutions included strengthening historically black colleges and universities and the case for self reparations argued.
Yesterday, black billionaire Robert F. Smith pledged to pay off the student loans of the entire 2019 graduation class of Morehouse College. His pledge also included a challenge to Morehouse alumni to continue providing similar assistance to future classes and stated: "because we are enough to take care of our community, we are enough to ensure we have the opportunity of the American Dream".
Morehouse is an all-male, historically black college in Atlanta. The billionaire's gift is estimated to be worth about $40 million, based on the combined debt shouldered by the graduating class's nearly 400 students, making it the single largest individual donation to a historically black college or university.
Robert F. Smith is one of the world's 13 black billionaires. His generosity and example may help to create other black billionaires. Kudos to you and your family Mr. Smith, well done. His entire commencement address is below.
Major Democratic presidential candidates are talking about considering or paying reparations to the descendants of African Americans who were enslaved. Many of the candidates may simply be engaging in political pandering. Most candidates simply express support for a discussion rather than actual support for reparations. I haven't heard any candidate actually talk about what reparations might look like.
The definition of reparation is making amends by paying money to or otherwise helping those who have been wronged. The spilling of blood during the Civil War and nearly 10 years of Radical Reconstruction could have been a good start if the federal government had not abandoned efforts to protect former slaves.
When the Declaration of Independence declared "that all men are created equal" in 1776, slaves were 20 percent of the population. Slavery existed in the former colonies and the United States for nearly 250 years, Jim Crow laws for another 90 years. Institutionalized and government-sanctioned discrimination including laws that led to unequal and substandard education, militaristic policing, unjust courts, mass incarceration, and other forms of oppression still exist.
My great-grandmother was a slave, my father said how ashamed she was whenever slavery was mentioned. There were no amends made to her or any other slave for their suffering. Her situation directly affected my grandfather, which directly affected my father, which directly affected me, which directly affects my children.
During slavery men, women and children were raped by their straight, gay or pedophile owners. Medical schools used slaves for medical experiments and practiced surgical procedures on slaves. Families were torn apart. People were tortured, maimed, and killed. The worst atrocities imaginable today were legal because people were reduced to mere property.
After the abolition of slavery; convict leasing, peonage, and Jim Crow kept blacks in slave-like conditions. Black Americans lived in terror because the government refused to offer any meaningful protection from angry or jealous white men. Lynchings and other racially motivated killings were common and unpunished. Prosperous Black neighborhoods such as Tulsa, OK, and Rosewood, FL were looted, burned, bombed and land theft was common.
The government engineered a number of economic, educational and social disadvantages. Social Security was originally designed to prevent 80% of the black population from participating. Federal housing programs that helped create the white middle class, implemented a redlining system which prevented blacks from benefiting.
Government-sponsored experiments such as Tuskegee and Pruitt Igoe have been revealed. Blacks originally were systematically excluded from U.S. farm bills, unemployment compensation, the minimum wage, protection of the right of workers to join labor unions and the G.I. Bill. Law enforcement sabotaged the Civil Rights Movement, In 1972 and 1996 the CIA was linked to drug traffic in black neighborhoods.
The government through legislation, policy, and court decisions actively participated in black oppression. Government inaction encouraged treachery and terrorism so vast it was easy to "keep negroes in their place" effectively eliminating the creation of black opportunity and wealth.
Slave Owner Reparations
In 1833, the abolitionist William Lloyd Garrison said at the National Anti-Slavery Convention in Philadelphia: “If compensation is to be given at all, it should be given to the outraged and guiltless slaves, and not to those who have plundered and abused them.” Garrison may have referenced the 1833 "Slavery Abolition Act" when more than 46,000 British slave owners were compensated for freed slaves.
The District of Columbia Emancipation Act, which prohibited slavery in the District, was signed into law on April 16, 1862, by President Abraham Lincoln, forcing over 900 slaveholders to free their slaves.
The government paid to slave owners that were loyal to the Union up to $300 for every enslaved person freed. Slaveowners received payment, slaves received nothing.
The Debt
When you purchase or inherit real estate and other property, you also assume or inherit the debt; mortgages, taxes, and liens attached to the property. For those who directly experienced slavery and Jim Crow who since died, a debt is owed to their estates; and their descendants are the beneficiaries. The government sanctioned slavery; individuals, churches, corporations, universities, and other institutions actively participated. Georgetown University exists today because of slavery.
The partial list of current corporations and institutions that benefited from slavery include:
AIG, Aetna, Bank of America, Brooks Brothers, Brown Brothers Harriman, Brown Unversity, Columbia, CSX, Fleet, Gannet, Georgetown, Havard, JP Morgan Chase, New York Life, Norfolk Southern, Princeton, Tiffany, University of Virginia, Wells Fargo, Yale, and the list goes one.
All White people passively benefited from the wealth and opportunity created by slavery and Jim Crow. White immigrants decreased the overall percentage of black people and diluted the effectiveness of the black vote. Immigrants benefited from opportunities in a country made prosperous off the backs of the enslaved and directly from professions and job denied to blacks.
The political scientist Thomas Craemer calculated the hours worked by enslaved black workers between 1776 and the official end of slavery. He estimates this uncompensated labor totaled between $5.9 and $14.2 trillion in current dollars.
What reparations could look like?
During a discussion with one of my closest friends in response to his skepticism about any workable reparation solutions, I mentioned what I thought to be some simple ways to identify who should benefit and how to implement.
Reparations should be a combination of social, institutional, and economic solutions that are specific to African American Descendants of Slaves (ADOS). No other group of people was legally brought to the United States by force. Congress should exempt reparations from discrimination or racial exclusion statutes or regulations since they are in effect debts owed and not benefits. However, some solutions, especially those related to a fairer criminal justice system, will, directly and indirectly, benefit other groups. White companies supplying building supplies and other durable goods will also directly benefit.
Although others, most notably Native Americans, perhaps are owed reparations, this discussion is limited to the debt owed to the Black ADOS. Other so-called solutions were never exclusive to Blacks.
Equal Opportunity
Equal opportunity solutions may have been well-intentioned, but in reality, were distorted myths. Affirmative Action, for example, benefited white women more than any other group. There was never any real equal opportunity for black people. If there are vast differences in education, access to credit, transportation, housing, medical care and just about everything else, how is anything equal?
Some concepts are easier to construct and implement; those should be worked on first and others more complex solutions later. Solutions should also have incentives to maximize positive impact on the community.
United Nations Recommends Reparations
At the invitation of the U.S. Government, a group of experts from the United Nations visited the country in 2016 to study and make a recommendation concerning people of African Descent.
The Group urged in their report that the United States consider seriously applying a Ten-Point Action Plan on Reparations, which includes a formal apology, health initiatives, educational opportunities, an African knowledge program, psychological rehabilitation, technology transfer and financial support, and debt cancellation. The following statements were included within the report:
Despite these legal and constitutional developments (13th, 14th & 15 amendments), the prevalence of “Jim Crow” laws — laws at the state and local levels that enforced racial segregation and persecution, primarily in the southern states — perpetuated political disenfranchisement, social and economic exploitation, violence and the overall subjugation of people of African descent until the 1960s. Lynching was a form of racial terrorism that has contributed to a legacy of racial inequality that the United States must address. Thousands of people of African descent were killed in violent public acts of racial control and domination and the perpetrators were never held accountable.
Despite substantial changes since the end of the enforcement of Jim Crow and the fight for civil rights, a systemic ideology of racism ensuring the domination of one group over another continues to impact negatively on the civil, political, economic, social and cultural rights of African Americans today.
The Working Group is deeply concerned at the alarming levels of police brutality and excessive use of lethal force by law enforcement officials, committed with impunity against people of African descent in the United States.
The Working Group is deeply concerned about the low number of cases where police officers have been held accountable for these crimes, despite the evidence.
Killings of unarmed African Americans by the police is only the tip of the iceberg in what is a pervasive racial bias in the justice system.
The Working Group was informed that the “War on Drugs” had had a devastating impact on African Americans and that mass incarceration was considered a system of racial control that operated in a similar way to how Jim Crow laws once operated.
The complex organizational structure of the legal system, with the independence of federal, state and county jurisdictions, and the lack of direct applicability of international human rights law and policies, create gaps that impact deeply on the human rights of African Americans.
There is a profound need to acknowledge that the transatlantic trade in Africans, enslavement, colonization, and colonialism were crimes against humanity and are among the major sources and manifestations of racism, racial discrimination, Afrophobia, and related intolerance. Past injustices and crimes against African Americans need to be addressed with reparatory justice.
Who should be Eligible for Reparations?
In the United States, any person known to have African ancestry was considered Black. This was often called the "one drop rule" and some courts referred to it as the "traceable amount rule". As historian Evelyn Brooks Higginbotham stated in regard to race, "most people believe that they know it when they see it but arrive at nothing short of confusion when pressed to define it."
In 1860, ninety percent of the four million Black people in the U.S. were slaves. Of the ten percent of free Blacks, its safe to assume that virtually all of them were either former slaves or descendants. Even descendants of the handful of black indentured servants such as Anthony Johnson married slaves or former slaves resulting in every black person at that time having a slave in their ancestry. Most of the nation’s 40 million U.S.-born blacks trace their roots to this population.
Significant voluntary Black immigration to the U.S. did not begin until the Immigration and Nationality Act of 1965, the Refugee Act of 1980 and the U.S. Immigration Act of 1990 when immigration policy changed restrictions on foreign-born blacks. Black people that can trace their ancestry to 1960 should be assumed to be ADOS. For example, my 20-year-old son can prove thru birth records that I was born in 1965 and since my parents were born in the 1920s and 1930s; he satisfies the 1960 rule.
Having Black skin creates barriers which even White people understand because most white people would not want to be treated the way Black people are. Some Black ADOS people with fair skin passed as white and thereby obtained some degree of white privilege. However, even they had to endure being separated from their family, listening to derogatory comments, denying who they were and living in fear of being caught. White privilege is misunderstood, it simply means that white people enjoy the benefit of being treated as normal.
Any Black person who is ADOS should be able to benefit from reparations. Regardless of personal achievement or those made by their ancestors; harm whether physically, emotionally, socially or financially was endured. However, the initial concentration of corrective solutions should be aimed at those who are among the most vulnerable and disadvantaged. Those below the poverty line should be among the first to benefit.
REPARATION SOLUTIONS
Nothing can ever be sufficient restitution for the spiritual, mental, cultural and physical damages inflicted by slavery, Jim Crow and racism. However, something must be done to repair the damage.
Apology
The first step should be an official government apology for slavery and its aftermath that acknowledges that harm was done not only to slaves but to their descendants. However, apologies are meaningless without change.
The video below shows the emotional response when a descendant of a former slave owner apologizes to descendants former slaves.
Reparations Commission
A reparations commission comprising a super majority of ADOS (2/3) should be created to study slavery, the aftermath, the value of uncompensated labor, lost opportunity and pain and suffering. The people who were victims should have the most say in determining what they suffered.
Psychological Rehabilitation
For nearly 250 years Africans and their descendants were denied recognition as members of the human family and were classified in law as non-human, chattel, property, and real estate. This history has inflicted massive psychological trauma upon African descendant populations. As Dr. Joy de Gruy Leary argues, African-Americans are suffering from post-traumatic slave syndrome. Only a reparatory justice approach to truth and educational exposure can begin the process of healing and repair. Part of the dehumanizing process of making a slave was to make Africans descendants hate themselves. Generations of psychological damaged need to be acknowledged and dealt with.
Broadcast Licenses
Broadcasting is the most influential industry in the United States. African-Americans were regularly given stereotypic roles that depicted them as lazy, ignorant, and generally derogatory by mass media. The Federal Radio Commission (FRC) and then the Federal Communications Commission (FCC) excluded Black people from ownership of the airways by denying licensing. When the U.S. government first started giving away free licenses in the 1930s, they were distributed exclusively to white, male owners. As technology developed from radio to television and then cable, the same, white-owned companies continued to lead the pack because they could adapt to the new technology fastest. As a result, horrible negative images of black people were transmitted all around the world. As a group, we had no means to counter these images or broadcast information to a national audience. Reparations should include free broadcast licenses. A corporation comprised of shareholders restricted to black churches, black organizations, black entertainers and individual black people should be formed to accept broadcast licenses from the FCC.
Education
Education or should I say miseducation was used as a weapon against Black people during and after slavery. Because knowledge is power, slaves were denied the right to read or write. The slavemaster was able to easily deceive slaves with lies and half-truths. One of the most glaring examples was the "slave bible". A normal "King James" version has 1189 chapters, but the slave bible only contained 232 chapters.
Ironically, even the bible states that reparations for slavery should be provided:
And if thy brother, a Hebrew man, or a Hebrew woman, be sold unto thee, and serve thee six years; then in the seventh year thou shalt let him go free from thee. And when thou sendest him out free from thee, thou shalt not let him go away empty: thou shalt furnish him liberally out of thy flock, and out of thy floor, and out of thy winepress: of that wherewith the LORD thy God hath blessed thee thou shalt give unto him. And thou shalt remember that thou wast a bondman in the land of Egypt, and the LORD thy God redeemed thee: therefore I command thee this thing today.
— deuteronomy 15: 12–15
After slavery, white-controlled, often racist school boards, rather than slave masters directed miseducation of black people. The 1954 Supreme Court decision, Brown vs The Board of Education, made it clear that black schools were so inferior that the quality of education was unconstitutional. Today, 65 years after Brown, the situation is even worse. The cure was worse than the disease. Busing was the primary solution. White schools received even more funding to accommodate black students. Those funds were used to upgrade facilities and programs, while black schools suffered and closed. Many of the most stable and brightest black students were removed along with their positive influence and impact. Some of the best teachers also left. When bussing programs were eliminated, black students were trapped in schools suffering from decades of decline.
Public schools in the U.S. should teach the truth about the horrors of slavery and its aftermath instead of the sanitized whitewashed version usually taught. For example, "The Great Migration" is the general term used to describe how 6 million black people moved north from the south. The whitewashed narrative states better job opportunity was the motivation. In reality, those "migrants" were refugees fleeing terrorism, persecution, violence and were seeking asylum only to find a different form of oppression in the north.
Public school funding should not be based on property taxes. Schools in predominantly black neighborhoods, because of lower property taxes, would remain substandard. These schools provide limited electives, advanced courses, are often in disrepair, have limited supplies, outdated textbooks or may not have books at all. Enrichment and extracurricular programs that help motivate and keep students interested in attending a school such as art, band, choir, drama, sports, student government, debate, robotics, and others won't exist or will be eliminated due to lack of funding.
Free college tuition including books, room and board should be made available to all low-income ADOS students. A small monthly stipend to cover necessary costs such as toiletries, laundry, and personal care items could also be included.
Historically Black Colleges and Universities (HBCUs) are in the best position to help black students and should receive reparation grants for operating expenses, to improve, modernize and expand their programs and facilities. The improvements will allow HBCUs to attract additional instructors and students. Program expansion should include fields critically needed within the black communities and others where Blacks are underrepresented, for example:
Agricultural programs: that include some sort of land, equipment and operating grant to help create a new generation of black farmers to decrease urban food desserts. Government discrimination caused many Black farmers to lose their farms.
Business: As Black people were increasingly segregated and cut off from the larger white community, black entrepreneurs established flourishing businesses that catered to black customers. The period between 1900 and 1930 has been called the "golden age of black business". Due to jealousy, envy or greed, white Americans including city officials and members of law enforcement destroyed prosperous black businesses and entire communities. Punitive zoning laws, business license denials, and various other tactics were used to prevent black people from opening and operating a business. Grants for entrepreneurial training and business funding should be part of reparations.
Trade education programs: the major trades which include carpentry, plumbing, electrical, heating & cooling and others systematically excluded black people from training and jobs. Quoting a New York Times article, "The building of houses, offices and factories, of bridges and dams and highways, is still largely white man's work in America." Reparation grants should include trade education. Improvement grants to black homeowners in neighborhoods suffering from decades of neglect should be issued. Grants should be restricted to employ the students and graduates of those program and qualified black-owned businesses.
Teacher programs: We need more Black teachers in public schools. Cultural differences and lack of understanding cause white teachers to discipline excessively contributing to the school to prison pipeline. America’s public school population has been majority children of color since 2014. 50.4 million kids were in public schools; in the fall of 2016; 24.6 million (49%) were white and 25.9 million (51%) were kids of color. Research shows that teachers of color help close achievement gaps for students of color and are highly rated by students of all races. About 80 percent of all public school teachers are White, 9 percent Hispanic, 7 percent Black, and 2 percent were Asian” during the 2015-16 school year. Certification rules and tests and racial bias in hiring are keeping would-be teachers of color out of America’s classrooms. Reparation incentives for black teachers and modifications to certification and hiring processes are needed.
Doctors. nurses and other medical professions: As a child, I vividly remember a large number of black nurses and doctors in St. Louis area hospitals. I'm certain this was due to Homer G. Phillips Hospital, which trained the largest number of black doctors and nurses in the world. Now, Forty years after the hospital's closing, black doctors and nurses are rare finds in hospitals; and when they are found they are often foreign-born.
Lawyers: Howard University's Law School under the leadership of Charles Hamilton Houston, contributed greatly to the most important civil right legal victories. While nearly 40 percent of incarcerated prisoners are African-American, only 4.8 percent of lawyers are African-American, 88 percent of lawyers are white. The American Bar Association (ABA) was formed in 1878, one year after the reconstruction ended. Prior to the ABA, most practicing lawyers never attended law school. The ABA caused blacks to be excluded from the legal profession by colluding with state governments and courts making it more difficult to become a lawyer. Studies show that white attorneys might have biases that result in less favorable outcomes for their black clients; the same holds true for prosecutors and judges.
Criminal Justice
Ending mandatory prison sentences and mass incarceration practices which disproportionally affect people of color. According to the Vera Institute of Justice, incarceration costs an average of more than $31,000 per inmate, per year. There are nearly 2.2 million incarcerated adults, and more than 4.5 million under probation or parole supervision, which cost nearly $4,400 after the sentence is completed. The country would save $3.1 billion per year for every 100,000 people we prevent from being incarcerated and an additional $440 million in probation supervision cost.
Allow felons to vote after finishing their sentences. Once a person has completed their prison sentence, their debt to society at least, in theory, is supposed to be paid. An estimated 6.1 million people in the United States (2.5% of the nation's voting age population, excluding DC) could not vote due to a felony conviction; 7.44% of African Americans in the United States could not vote due to a felony conviction in 2016.
Some of the funds saved by incarcerating fewer people could go towards reparations programs. It's ultimately more beneficial for society to pay for trade school or college than prison.
Housing
The federal government encouraged racial housing discrimination by redlining areas containing African-Americans and refusing to guarantee loans in those redlined zones. This lack of access to capital affected the ability of black people to buy, rent or maintain their homes. Redlining triggered white flight, caused neighborhoods to declined, discouraged business and investment in entire communities. Zero or low-interest loans should be made available as part of reparations to purchase homes.
Story of Contract Buyers
Following World War II, Chicago’s South Side had become increasingly overcrowded as African Americans moved from the South in the second wave of the Great Migration. Unable to attain decent and sanitary housing in white neighborhoods because of racially restrictive real estate covenants and mortgage redlining by the Federal Housing Administration (FHA), African Americans were confined to the South Side ghetto.
In the 1950s-60s, real estate speculators exploited white homeowners’ fears on the West Side of plummeting real estate values because of neighborhoods that had ethnic change. Realtors went door-to-door to persuade white homeowners to sell because blacks were moving into the neighborhood. In neighborhoods they wished to exploit, “panic-peddling” speculators hired black men to drive beat-up cars with the music blaring and paid black women to push their babies in strollers. Speculators made enormous profits by convincing whites to sell their homes at well-below market value and then reselling to blacks at much higher than market value. Black homebuyers were subject to a “race tax,” as a property would typically be bought from a white homeowner for $10,000 and resold a week later to a black family for $25,000. This contributed to the neighborhood’s population changing from 87% white in 1950 to 91% black in 1960. Similar scenarios occurred in other cities across the county. The video below explains how victims in Chicago organized and fought back.
Direct Payments
Black people have been targets of predatory lending and their wealth stripped away because many were forced to pay higher interest rates even with good credit. Even the bankruptcy process became predatory for African-Americas. Direct payments could be made to eliminate or reduce debt.
Many African-Americans have prospered despite systemic racism and racialized barriers placed in their way. Maybe they had to be twice as good to get half as much as their white contemporaries. Regardless, they and their ancestor were wronged. The difference is that some successful black people and their children may have already obtained degrees, houses and the other trappings of success. Direct payments to pay off student loans, mortgage or other debt may be a more practical solution. However, this sort of direct payment might disqualify them from participating in other reparation programs.
Slavery Was A Long Time Ago
Many white people, live on or possess land passed down from generations ago, celebrate the 4th of July, re-enact Civil War battles, scream about monuments and confederate flags being taken down, but tell us to forget slavery because no one alive today was a slave or slave-owner.
African-Americans have been free in this country for less time than they were enslaved. Do the math: Blacks were enslaved nearly 250 years but have been free for 152 years, which means that most Americans are only two to three generations away from slavery. This is not that long ago.
"It's foolish to let your oppressor tell you that you should forget about the oppression that they inflicted upon you".
Black Divisions
When my uncle, Dick Gregory, walked away from millions of dollars in bookings, to actively participate in the civil rights movement, there were family members who had good jobs that didn't understand what the fuss was all about.
Blacks among W.E.B. Dubose's so-called "talented tenth" who are among the best educated and best paid in the African-American community may not believe reparations are necessary, because they themselves are doing well. However, the irony is that even the "talented tenth" would be in better shape if the barriers of racism hadn't prevented even greater success than achieved.
Dr. Carter G. Woodson realized that the more educated black people became, the more they became indoctrinated into the thinking and ways of the white oppressor. "The same educational process which inspires and stimulates the oppressor with the thought that he is everything and has accomplished everything worth while, depresses and crushes at the same time the spark of genius in the Negro by making him feel that his race does not amount to much and never will measure up to the standards of other peoples. The Negro thus educated is a hopeless liability of the race." The "Black Card" video below, featuring Candace Owens, demonstrates Dr. Woodson's premise.
In the above video, Ms. Owens acknowledges her grandfather, Robert Owens, endured Jim Crow, the KKK, was forced to work at the age of five on a tobacco plantation, cleaned homes and office buildings for a living eventually owning his own cleaning company. Like many African-American, Robert Owens overcame extreme oppressive conditions, imagine how his life might have been better had he not experienced serious racism including the KKK shooting up his family's home as a child.
Black median household income of $40,232 is about two thirds that of other households. The median wealth of white household is $134,230 vs $11,030 for black households. These figures are direct results of racial oppression and the capacity to create and pass along generational wealth.
Racism created a number of divisions within the Black community, most notably light vs dark skinned, straight hair vs kinky hair, and house vs field slave. The Willie Lynch Letter best illustrates this phenomenon.
Meritorious manumission was a method of freeing or rewarding slaves for "good deeds" such as saving the life of a white person, creating an invention a slave master could profit from, or “snitching” on a slave planning to run away or organize a revolt. Some black people are still willing to sell out their community for financial gain.
Conclusion
Pick any major indicator, education, housing, employment, credit, business ownership, skilled trade, technology, science, law, medicine or any other and blacks woefully lag behind whites. These situations did not randomly occur, they were designed and enforced through government legislation and policy.
FDR once said, "In politics, nothing happens by accident. If it happens, you can bet it was planned that way." After World War 2, the Marshall Plan rebuilt parts of Europe including Germany, the Supreme Command of Allied Powers (SCAP) revived Japan's economy, and the U.S. helped create Isreal, which became the largest recipient of U.S. foreign aid. As a country, we know how to stabilize and build economies. So one can assume that the present state of Black America was planned; simply by virtue that no serious efforts were made to stabilize let alone rebuilt economies within the black community. While the U.S. was providing former enemies with economic aid, black veterans who fought those enemies were denied G.I. and other benefits.
Although a vast debt is owed, I don't really expect any meaningful reparations to be paid. The descendants of slave owners and others who benefited economically have no incentive to pay.
Power is not given, it must be taken. How can you expect powerful people to give you the education, training, and resources to take their power away from them?
African descendants of slaves have no means to force the payment of the debt. Usually, a creditor can take a debtor to court, obtain a judgment which is backed by the force of law. Even if reparations were provided, the voluntary payments would be a tiny fraction of the debt owed and couldn't cause any meaningful change.
Slavery existed and racism exists because it is profitable! Being a slum lord is profitable, marketing sub-prime and payday loans is profitable, hiring desperate workers at low wages is profitable and having a population of 45 million black consumers who do not manufacture anything is profitable.
Even if reparations were paid, how long would it take for that money to end right back into the hands of white businesses? We don't manufacture building supplies, houses, furniture, appliances, electronics or even clothes. Everything we need to survive including food, water, electricity, gas, and other basics are supplied by others.
Self Reparations
Black churches, Kingdom Halls, Mosques, organizations, and businesses should create a commission and find workable solutions to at least some of the damage caused by centuries of racial oppression. Malcolm X in his "Ballot or the Bullet" speech recommended forgetting religious differences to concentrate on fighting a common enemy and working towards Black Nationalism to control the politics and economy in our own community.
The commission would need to partner to build distribution networks for black businesses and merchandise. There are probably congregation members who provide services or own businesses that their fellow members know nothing about. Imagine if black churches used some of their space to sell products such as soft drinks, baked goods, and other black manufactured goods.
Black Convention Venue
My son, who is a youth minister at his church, for years has attended church conventions in various cities where tens of millions of dollars are spent by attendees. For example, in 2010, the National Baptist Congress of Christian Education's 55,000 attendees spent an estimated $76 million in Detroit. Right here in St. Louis where I live, between 2010 and 2016, the Church of God in Christ (COGIC) through it's Holy Convocation injected more than $125 million into the St. Louis economy. Imagine if that money was spent within the black community instead of white-owned hotels, restaurants, and venues.
Black churches, professional organizations, and non-profit organizations could contribute funds for a non-profit corporation to create venues to accommodate member churches and organizations' large meetings and conventions. Black churches alone take in an estimated $12-13 billion per year. This organization could reach out to the African Union and others in the African Diaspora to build alliances, investors and partners.
If the organizational structure ends up being a standard corporation, shares can be made available to congregation and organization members, with members encouraged to support and recommend the venues for vacations and other travel. Discounts should be offered to members of participating organizations.
The average hotel with 115 room costs $22 million to build. The average daily rate (ADR) of hotels in the United States was 128.94 U.S. dollars as of February 2019. In 2018, the hotel occupancy rate was at 66.2 percent. Based on the ADR and occupancy rate, the average 115 room hotel earns $3.58 million in revenue per year, with gross operating profits of 38 percent, not factoring in religious or non-profit tax exemptions.
To start, the most popular convention destinations should be researched and a single start city selected, preferably one with a large black population to help sustain the venues during the initial and growth stages. Land in predominantly black neighborhoods should be selected for development. Member organizations would need to commit to holding conventions and meetings in the start city for a number of years. A black transportation system, similar to Uber, could be organized with a network of black restaurants, entertainment, retailers and other places of interests as target destinations. After the initial start city becomes successful, a secondary city could be selected and the process repeated until about five or six of the most popular destination cities have been developed. African American travelers contributed about $63 billion to the U.S. travel and tourism economy in 2018. Imagine capturing just ten percent of that market.
This suggestion needs to be fine-tuned, would require sacrifice and might require member organizations to forgo conventions for a period of time. However, the long term benefits to the organizations and the black community would be monumental.
Even if a national coalition of organizations is not currently feasible, certainly local coalitions could be built to find workable local solutions for community issues. The primary issues in our communities are economic. Until workable solutions are presented to help people, especially our youth get out of poverty, desperate people will continue to find violent solutions to their problems and no catchphrase or slogan will stop them.
I realized some time ago that black people have the greatest need for timely access to quality information, however, those with the information, usually will not share it with others. I've actually seen situations where one non-profit organization would not share with needy clients helpful information about other non-profit organizations. It is my sincere hope that my ideas will spark someone into action to help others.
Although I'm not an attorney, I created this site to distribute free legal information to help those with little or no money to hire an attorney. Multiple systems are rigged against all of us. "United we stand, divided we fall"; let us stand so we can help those who have fallen.
I'm tired of American Apartheid videos of black people being brutalized by police simply for participating in ordinary everyday activity. South African politician Julius Malema earlier this year stated: "don't be scared of white people"! He mentioned how everywhere in the world; "black people are treated like dogs and lifeless bodies".
A few days ago, a 15-year-old boy was pepper sprayed, knocked to the ground, his head slammed against the asphalt pavement and punched in the face at a Florida Mc Donalds.
Earlier this month, Renardo Lewis, a black business owner was slammed against a glass pane, then to the ground and punched in the face knocking out some of his teeth while at a Georgia IHOP.
The actual IHOP video can be viewed near the bottom of the this page. IHOP seems to have systemic issues. Last year in Missouri 10 Black Washington University students were falsely accused of leaving a Clayton IHOP without paying and a Kansas City IHOP printed "NIGGA" on a Black customer's receipt.
Dining while black, barbecuing while black, selling lemonade while black, gardening while black, and just simply living while black are among the mundane activities that have recently garnered headlines as reasons why some white people have called 911 on black people.
These calls to police often result in violence against innocent black people, however, the people making these frivolous false police reports are never charged and the companies involved are not held accountable. Starbucks is the only company that took serious action and closed all its stores for diversity training to ensure no more "while black" incidents occurred at its locations.
Unless Mc Donalds and IHOP take decisive action and condemn the brutal police tactics that occur against their customers on their property, I won't be dining while black at those locations anytime soon.
Many Black organizations seem to be afraid to speak out in any meaningful way to hold Mc Donalds, IHOP or others accountable when their actions cause harm to the black community. I suspect that many black organizations are afraid to speak out because they are afraid of losing white corporate sponsorship and donations.
Julius Malema the leader of South Africa's Economic Freedom Fighter (EFF) party gave a powerful and moving speech about not being afraid of white people! He briefly appeared before the Newcastle magistrates court in northern KwaZulu-Natal and although he faced charges related to his comments to invade vacant land he still courageously renewed his call to action.
Malema is charged with the contravention of the Riotous Assemblies Act for his utterances in 2014 and 2017, his case was continued to after the May 2019 elections. In June 2017‚ Malema told supporters in the northern KwaZulu-Natal town of Newcastle that white people could not claim ownership of land because it belongs to the country’s black African majority.
In 2014 he told the EFF’s elective conference in Bloemfontein: “We’re going to occupy the unoccupied land because we need land. For us to eat‚ we must have the land. For us to work‚ we must have the land. I come from Seshego – if there is unoccupied land‚ we will go and occupy the land with my branch. You must go and do the same in the branch where you come from.”
Institutionalized racism under Apartheid stripped South African blacks of their civil and political rights and instituted segregated education, health care, and all other public services, only providing inferior standards for blacks. Internal resistance was met with police brutality, administrative detention, torture, and limitations on freedom of expression.
During Apartheid, millions of blacks were forced off their land and resettled into slums on some of the worst lands. Ownership of land became firmly concentrated in the hands of the white minority. In 2018 blacks made up 80% of the population but owned just 4% of individually held farmlandand 30% of urban land. Whites comprise only 7.8% of the population but own 72% of farmland and 49% of urban land.
In 1994 South Africa transitioned from the system of Apartheid to one of majority rule and Nelson Mandela became president. By 1996 the Truth and Reconciliation Commission(TRC), where perpetrators of violence, including torture, murder and other human rights atrocities provided testimony and requested amnesty from both civil and criminal prosecution. Amnesty also allowed White perpetrators to retain their land. There was more consideration given to a few white oppressors then was given to millions of black victims.
American Apartheid is more subtle but the effect is the same. Pick any major indicator, education, housing, employment, credit, business ownership, skilled trade, technology, science, law, medicine or any other and blacks woefully lag behind whites. These situations did not randomly occur, they were designed and enforced through government legislation and policy. We gave more aid to our former enemies of war Japan and Germany than we provided to Black people here in the United States.
The old methods of peaceful protest do not work. Oppressors do not care if the oppressed have a parade and march down the street. Their system of oppression must be disrupted and the most peaceful way to do that is to hold companies that cause harm or remain silent responsible and impose economic sanctions. It's not enough to fire an employee that causes a chain reaction of undeserved police brutality, those firms involved must denounce the resulting oppressive police action. Instead of marching, picket outside of the offending establishment and ask customers to take their business elsewhere.
Decades ago, my mother and father's car was damaged by a grocery cart in the parking lot of a St. Louis supermarket. Since there were signs posted stating the store was not responsible for damages, the store refused to pay for damages. My parents printed leaflets, made signs and picketed the store causing them to lose substantial amounts of business. The store eventually offered to pay for repairs, however, my parents declined their offer and continued the information picket to teach the store a lesson so they would treat customers differently in the future.
About ten years ago, I responded to an online used car advertisement by a new car dealer. I phoned to make sure the car was still available, traveled there on my lunch break and agreed to purchase. I returned later that night with a cashiers check but was then told that the priced advertised online was wrong and that they would not honor that price. I completed a Missouri Attorney General complaint form.
The next morning I faxed a copy of the form along with a letter explaining if they did not respond by noon, I would file the complaint. I provide details of a planned information picket on the public right of way outside their dealership on Saturday morning.
By 10 am I received a phone call apologizing and that the original agreement would be honored. When the car was picked up that evening, the dealership president explained he was unaware of the situation until my fax arrived and that he had the vehicle checked out and that several repairs had been made and he even had a second key made.
Imagine what might happen if the family and friends of Renardo Lewis picket outside the IHOP. According to a news report, an IHOP brand spokesperson responded to the video of the arrest, saying, “Our top priority is the safety of our guests and team members. After an individual at the Marietta IHOP became belligerent and made multiple threats to those in the restaurant, including the use of a weapon, the franchisee’s team quickly followed protocol and alerted authorities. We’re grateful to the police for their quick response and for keeping the guests and team members in the restaurant safe.”
The video of the arrest is below.
Even when you face oppression, you are not powerless. If you don't take the time to exercise your power, you automatically concede it to your oppressors and enemies.
Jessie Dean Gipson Simmons was full of optimism when she and her family moved from an apartment in a troubled area of Detroit to a new development in Inkster, Michigan in 1955.
With three children in tow, Jessie and her husband settled into a home on Colgate Street in a neighborhood known as “Brick City” – an idyllic enclave of single, working-class families with a shared community garden.
The plan was simple. Like many African Americans who left the South as part of the Great Migration, Jessie’s husband, Obadiah Sr., would find a stable factory job just outside of Detroit. Then Jessie would put to use the bachelor’s degree she had earned in upper elementary education from Grambling State University in the township of Taylor – just a few blocks from their new home.
Jessie Dean Gipson Simmons, shown top center about age 37, c. 1961. [Clockwise: daughter Angela, sons Obadiah Jerone, Jr. and Carl, and husband Obadiah Jerone, Sr.; daughters Carolyn and Quendelyn are not pictured] Simmons family archives, Author provided
But the plan went awry. Jessie first applied for a teaching position with the Taylor school district in April 1958, but was denied. The same thing happened in March 1959. And a third time in May 1959. The repeated denials may have set back Jessie’s plans, but they also set her up to fight an important battle for justice for black educators at a time when many were being pushed out of the teaching profession.
I interviewed Jessie’s family as part of my ongoing research into the history of black women teachers from the Reconstruction Era to the 21st century.
Fighting back
The battle began when Jessie filed a grievance with the Michigan Fair Employment Practices Commission, or MFEPC, on Sept. 1, 1959. Jessie’s grievance detailed her conversation with the superintendent Orville Jones in March 1958, in which he told her “there would be vacancies in 1959.”
In August 1958, the Taylor Township Board of Education – the body overseeing the school district where Jessie wanted to teach – took up the matter of employing Negro teachers at a board meeting. The reason the item was placed on the agenda? The Superintendent at the time, Orville Jones, “felt that any handicap” – he deemed race as a handicap – “be pointed out to the board.”
The chair of the school board, Mr. Randall, stated applications were “considered in the order of the dates they were received.” Since the Taylor school board was now on record regarding its hiring practices for teachers, Jessie used that statement in her grievance.
Jessie’s decision to file a grievance would be a costly one for her family. The couple had planned on two steady incomes. In 1959, now a mother of five children, Jessie took a job as a waitress and a cook in a cafe to make ends meet. Her job drew scorn from family members in Louisiana who knew she was severely underemployed. And though her children didn’t know it at the time, Jessie and her husband “gave up meals so the children could eat,” according to Jessie’s oldest son, Obidiah Jr.
In 1960 the MFEPC held a public hearing for the grievance filed by Jessie and Mary Ruth Ross – a second black teacher who was also denied employment by the Taylor board of education. According to the Detroit Courier, Jessie and Mary “were passed over for employment in favor of white applicants who lacked degrees.” Records uncovered by the MFEPC found that 42 non-degreed teachers hired between 1957 through 1960 were all white and “had a maximum of 60 hours of college credits.” Jessie and Mary, on the other hand, were both degreed teachers with some credits toward a graduate degree.
How the Brown decision hurt black teachers
While the 1954 Brown v. Board of Education decision is often celebrated and considered a legal victory, many scholars believe it had a harmful effect on black teachers. In 1951, scholars writing in the Journal of Negro Education rightly warned that Brown “might conceivably” impact “Negro teachers”. Nationwide, school district leaders pushed back against Brown in two ways.
First, school leaders slow-walked the implementation of Brown – for many school districts as late as the mid-1980s. Second, black teachers across the country lost their once-secure teaching jobs by the tens of thousands after Brown when black schools closed and black children integrated into white schools. In the South, for example, the number of black teachers had soared to around 90,000 pre-Brown. But by 1965 nearly half had lost their jobs. A 1965 report from the National Education Association, a leading labor union for teachers, concluded school districts had “no place for Negroes” in the wake of Brown. School officials railed against Brown and refused to hire black teachers like Jessie, turning them into what sociologist Oliver Cox described as “martyrs to integration.”
My own research confirms that the forced exodus of black women from the teaching profession was ignited by Brown. Discrimination by school leaders fueled the demographic decline of black teachers and remains one of the leading factors for their under-representation in the profession today.
First ruling of its kind
At the eight-day public hearing, Jones admitted that “the hiring of Negro teachers would be something new and different and something we had not done before.” He stated he felt that the Negro teachers were “not up to par.” The hearing eventually revealed that applications for “Negroes” were kept in distinct folders – separated from the submissions of the white applicants.
After more than a year, the MFEPC issued a ruling in Jessie’s case. The decision got a brief mention from Jet Magazine on Dec. 1, 1960:
In the first ruling of its kind, the MFEPC ordered the Taylor Township School Board to hire Mrs. Mary Ruth Ross and Mrs. Jessie Simmons, two Negro teachers, and pay them back wages for the school years of 1959-60 and 1960-61. FEPC Commissioner Allan A. Zaun said the teachers were refused employment on the basis of race.
The attorney for the Taylor board of education, Harry F. Vellmure, threatened to challenge the ruling in court – all the way “to the Supreme Court if necessary,” according to the Detroit Courier. The board stuck to its position that Jessie and Mary were given full and fair consideration for teaching jobs and simply lost out to better qualified teachers.
As a result of noncompliance with the MFEPC’s order, Carl Levin, future U.S. senator and general counsel for the Michigan Civil Rights Commission, filed a discrimination lawsuit against the Taylor school district on Jessie’s and Mary’s behalf. Even though the matter did not reach higher courts, Vellmure filed several appeals that effectively slowed down the commission’s order for seven years.
As the lawsuit dragged on, Jessie became an elementary school teacher with the Sumpter School District in 1961. By 1965, she left Sumpter for the Romulus Community School District. According to Jessie’s children, they would continue in the Taylor school district and were known as the kids “whose mother filed the lawsuit against the school district.”
In 1967, after seven years of fighting the Taylor school district in local court, Jessie and Mary prevailed. They were awarded two years back pay and teaching positions. Saddled by hurt feelings after a long fight with the Taylor school district, Jessie declined the offer and continued teaching in Romulus.
The Simmons moved into a larger, newly constructed home on Lehigh Avenue. Jessie gave birth to her sixth child, Kimberly, one month before moving in. Although the new home was only two blocks south of their old home on Colgate Avenue, Jessie’s four surviving children recall that their lifestyle improved and their childhood was now defined by two eras: “before lawsuit life and after lawsuit life.” And by 1968, Jessie earned a master’s degree in education from Eastern Michigan University.
Unsung civil rights hero
At her retirement in 1986, Jessie’s former students recalled that she was an effective teacher of 30 years who was known as a disciplinarian with a profound sense of commitment to the children of Romulus.
Jessie’s story is a reminder that the civil rights movement did not push society to a better version of itself with a singular, vast wave toward freedom. Rather, it was fashioned by little ripples of courage with one person, one schoolteacher, at a time.
Hate database shows that the terrorizing of people where they live is alive and well decades after the civil rights movement.
by Rahima Nasa and Rachel Glickhouse
In Delano, Minnesota, a black family’s home was broken into in March 2017 and a warning was spray-painted on the walls: “Get out.” The vandals left a note, too: “Next time it’s going to be fire.”
In Athens, Tennessee, the white mother of young biracial children alleged that she’d been harassed verbally by a neighbor for a year.
For close to two years, ProPublica has been compiling reports of hate crimes and bias incidents as part of their Documenting Hate project. The database now houses a vast compendium of ugliness in America. Killings, assaults, threats of terror — they are all there.
One of the more common entries involves people being harassed or threatened at their place of residence, often by neighbors, the people who live next door or down the hall or around the corner. Of course, this isn’t new. The integration of neighborhoods in the U.S. has been as fraught as the integration of the country’s schools.
Jeannine Bell, a lawyer and author of “Hate Thy Neighbor: Move-In Violence and the Persistence of Racial Segregation in American Housing,” said no corner of the country has any claim of immunity from the problem. She also noted that the total number of such incidents is not reliably captured in any formal data set, ours or those kept by federal and local authorities. That’s because, she said, many of these incidents go unreported.
“A lot of times, the people that are targeted don’t even know that this is a crime,” Bell said.
The Documenting Hate database has close to 6,000 entries — a mix of news reports, tips, personal stories of bigotry and records collected by law enforcement and some anti-discrimination groups. Among the most common things reported are anti-Muslim acts, which accounted for 359 entries, and swastikas showing up in public places, which were the subject of an additional 400 or so.
More than 300 entries were reports of harassment or menacing at people’s homes, targeting people of a variety of races and religions. The most frequent victims were African Americans. Indeed, African Americans are the most frequently victimized group nationally for hate crimes, according to data from the FBI.
That finding prompted us to send inquiries to the dozen or so police jurisdictions that had reported the highest number of anti-black hate crimes to the FBI’s hate-crime database from 2010 to 2016. Since we couldn’t get incident reports from every one of those jurisdictions, we also made requests to several police departments where we’d received data that included anti-black hate crimes.
In total, we were able to identify 639 incidents of anti-black violence or harassment from the police reports we received. More than a fifth of those reports, 138 in all, were incidents involving people being targeted by neighbors or in their homes.
In Columbus, Ohio, a man went to police because someone had been ringing his doorbell or banging on his garage 25 to 30 times a night, almost every night. When the man went outside, the suspect would call him racial slurs from the darkness. The man and his family are the only black residents of their cul-de-sac. No arrests were made and the case is currently listed as inactive.
In Toledo, at the north end of the state, a man was allegedly harassing three black neighbors in his neighborhood, using “unwarranted racist language,” according to the police report. One day, the suspect saw a car with black occupants throw trash on the street. Even though they had no relation to anyone on the block, the suspect came over and dumped trash on a black family’s lawn, the report said. “Since you all want to nigger up the neighborhood, I’ll burn you and your nigger family out,” he allegedly told the victim. Police went to the suspect’s home, but he didn’t answer the door. A call to the Toledo police to check on the case was not returned.
In Kansas City, Missouri, an African-American man went to police because his neighbor had harassed him for three years. The suspect allegedly stood in his driveway taking pictures of his home and waved a Confederate flag. The man who filed the complaint wound up moving, but he told police he was worried because he’d seen the man outside his new home.
In Oxford Township, Michigan, a couple — a white woman and a black man — went to police because they said they couldn’t leave the house without getting harassed by their neighbor, who called them racial slurs. When police gave the neighbor a citation for disorderly conduct, she ripped it up in front of the officer. She was subsequently arrested for disorderly conduct and her case was turned over to the local prosecutor’s office.
And in Spokane, Washington, we got records on two cases of possible neo-Nazis harassing their black neighbors. In one case, the neighbors reported that a man with a swastika on his hand called them racial slurs. He allegedly threw a brick at a woman, calling her a slur. In another case, a black man said his white supremacist neighbor and another man assaulted him in his garage while using racial slurs and threatened him with a gun. “Nigger, you don’t deserve to be breathing white men’s air,” they allegedly said. Later, the white supremacist allegedly returned with two other men and yelled “heil the KKK” and “white power” at the man, shortly before shooting a gun at his home from a car. The victim told The Spokesman-Review that one of the suspects had called him racial slurs for months leading up to the shooting.
According to the Spokane Police Department, both cases resulted in arrests and the suspects were charged with first-degree assault and malicious harassment. In the shooting case, suspect Donald Prichard’s criminal history record totals to 16 felony convictions, which included beating and sexually assaulting a woman. He’s awaiting trial on Jan. 22. The second suspect in that case, Jason Cooper, has 12 felony convictions, including unlawful possession of a weapon and burglary, and he is awaiting trial on Feb. 25.
Many accounts, both in our database and that resulted from our queries to police departments, include frustration at what can seem like a lack of police interest or action. In the case of the family targeted in Delano, no one was ever arrested, and the family wound up moving away. The mother in Athens said police told her there was little they could do about verbal harassment, that it was a civil matter. The authorities in Athens didn’t return a request for comment.
That said, we did find examples where the authorities ultimately took serious steps.
In Grapevine, Texas, Dante Petty was harassed by his white neighbor, Glenn Halfin, for over a year after he moved in. The harassment became so persistent that he installed surveillance cameras outside his home and a police officer was stationed outside for over a month. The breaking point occurred when his neighbor left black baby dolls with nooses around their necks hung outside his apartment. Ultimately, Halfin was charged with a hate crime and convicted of violating the family’s housing rights. He was sentenced to year in state prison, the maximum punishment based on his guilty plea to the misdemeanor charge.
“No one should be afraid to go home at night,” said U.S. Attorney Erin Nealy Cox on the day of Halfin’s sentencing. Victims of such harassment at their residences, it turns out, have an option other than going to the local police. Harassing one’s neighbor also violates the federal Fair Housing Act, which makes it illegal for landlords and neighbors to interfere with someone’s right to housing based on who they are. And there is an office at the Department of Housing and Urban Development meant to handle such cases.
Victims can file a complaint with HUD within a year of the alleged violation. Owners, managers and condominium associations may be liable for neighbor-on-neighbor harassment if they fail to intervene when they have a duty to do so. Criminal penalties can include fines and prison.
According to HUD statistics, there were 8,348 complaints of such violations in 2015, 8,350 in 2016 and 8,186 in 2017. Half or more of those cases dealt with alleged violations involving people with disabilities. The HUD statistics show that, historically, very few of the complaints of any kind wound up with federal prosecutions.
The number of prosecutions has gotten appreciably smaller in recent years. In 2015, the Department of Justice closed 84 cases brought to it by HUD regarding the Fair Housing Act. In 2016, there were only 12. In 2017, there were just five.
Calls for comment from HUD were not returned because of the federal government shutdown.
Meanwhile, as the second year of Documenting Hate came to a close, reports kept coming in.
In June 2018, Hubert Roberts, of Clio, Michigan, complained to police that his truck had been targeted by racists. A Nazi symbol was spray painted on the truck, along with slurs and boasts of white pride. The Genesee County Sheriff’s Office would not comment on the case, other than to say no arrests have been made. When asked about the current status of the case, the FBI told ProPublica, “Adhering to DOJ policy, the FBI neither confirms nor denies investigations.”
Roberts said that this wasn’t the first time he was targeted in the community because of his race, either. He noted other instances of being called racist comments, where he was told to “go back to Africa,” while doing work on his yard.
“This could have been an opportunity for some dialogue in this predominantly white community,” Roberts said. “I just feel really disappointed with our justice system.”
Republished with permission under license from ProPublica, a Pulitzer Prize-winning investigative newsroom.
Terrorism and white nationalism were among the pillars this country was founded upon. The so-called founding fathers were terrorist and traitors. The 56 signers of "The Declaration of Independence" were all British subjects and 41 were slave owners. They did not agree with certain provisions of the law and decided to commit treason against Great Britain by declaring independence.
While declaring that all men were created equal and arguing for their inalienable right to freedom, they denied freedom to others. Even after a number of free and enslaved black men fought for what would become the United States, when the Constitution was written in 1787, slavery was allowed to continue; in fact Article 1, Section 9, Clause 1 of the Constitution prohibited Congress from placing any bans on slavery for 20 years, until the year 1808.
Ironically, when 11 southern states seceded in 1860-61 and formed the Confederate States of American, the Union did not recognize those state's independence from the United States. Georgia, North Carolina, South Carolina and Virginia soldiers were consider patriots during the Revolutionary War, but were considered rebels and traitors during the Civil War. After Reconstruction ended, the Southern States were allow to terrorize former slaves and influence U.S.. policy in ways that still have a negative impact on the descendants of slaves today.
After 250 years of slavery, nearly a 100 years of state sanctioned discrimination and more than 50 years of failed reform a legacy of racism, oppression and aggression still exists for descendants of slaves, which has become one of the most successful exports from the United States. Nazi German modeled their racism after America's and now places as far away as New Zealand have followed the United State's latest examples of racism and violence.
White supremacist groups like the National Socialist Movement, seen here at a rally in Arkansas on Nov. 10, 2018, have gained power in the U.S. since 2016.
As more people embrace a xenophobic and anti-immigrant worldview, it is fueling hostility and violence toward those deemed “outsiders” – whether because of their religion, skin color or national origin.
Driven by fear over the loss of white primacy, white nationalists believe that white identity should be the organizing principle of Western society.
“Every people in the world can have their own country except white people,” the American Freedom Party’s William Daniel Johnson told the Chicago Sun Times after the New Zealand attack. “We should have white ethno-states.”
In researching our upcoming book on extremism – our joint area of academic expertise – we found that hate crimes have risen alongside the global spread of white nationalism. Racist attacks on refugees, immigrants, Muslims and Jews are increasing worldwide at an alarming rate.
Scholars studying the internationalization of hate crimes call this dangerous phenomenon “violent transnationalism.”
In Europe, white violence appears to have been triggered by the sudden increase, in 2015, of refugees fleeing war in Syria and elsewhere in the Middle East.
The “alt-right” – an umbrella term describing modern online white supremacist movement – uses the same language. And it has expanded this 20th-century xenophobic worldview to portray refugees, Muslims and progressives as a threat, too.
“The hatred that led to violence in Pittsburgh and Charlottesville is finding new adherents around the world,” Jonathan Greenblatt of the Anti-Defamation League, a civil liberties watchdog, told USA Today after the New Zealand attack.
“Indeed, it appears that this attack was not just focused on New Zealand; it was intended to have a global impact.”
Rising racist violence
We know the alleged New Zealand mosque shooter’s hatred of Muslims was inspired by American white nationalism – he said so on Twitter.
His online “manifesto” includes references to cultural conflicts that the author believed would eventually lead the United States to separate along ethnic, political and racial lines.
That narrative has added further hostility into the existing undercurrent of intolerance in increasingly multicultural societies like the United States.
One of them was a violent clash between counterprotesters and white nationalists over the removal of a confederate statue in Charlottesville, Virginia. The 2017 “Unite the Right” rally, which killed one person and injured dozens, amplified the ideas of modern white nationalists nationally and worldwide.
The years 2015, 2016 and 2018 were the United States’ deadliest years for extremist violence since 1970, according to the Anti-Defamation League.
All perpetrators of deadly extremist violence in the U.S. in 2018 had links to white nationalist groups. That made 2018 “a particularly active year for right-wing extremist murders,” the Anti-Defamation League says.
Nationalist terror is a danger to the domestic security of the United States and, evidence shows, a global terror threat that endangers the very nature of global democratic society.
Republished with permission under license from The Conversation with added introductory comments.
