Yesterday, in a post about violence in St. Louis, I mentioned how we must respect different ideas and work more closely together on the things were agree rather than fighting over what we disagree. The REVOLT Summit which included T.I., Killer Mike, Candace Owens as panelists was a perfect example of how people with different views and opinions can come together to come up with solutions.
Killer Mike made one of the most eye-opening comments during the REVOLT Summit when he stated how free people were arguing over who had the best slave master because they were arguing whether the Democratic or Republican party was best.
1876 election campaign poster from the Democratic Party.
Killer Mike's slave master comments begin at 43:20 in the timeline, however, you may want to watch the entire video below of the REVOLT Summit if you have time.
"Your children ain't violent because they black" … "what are you putting in my malt liquor white boy? … "malt liquor is sold by white companies but only sold in black neighborhoods and you ain't checked it to see what's in it!" – Dick Gregory, 2008 State of the Black Union
The violence including murders happening in the City of St. Louis is a symptom of decades of intentional oppression, poverty, and exclusion. The violence in St. Louis is concentrated mostly in low income, black neighborhoods, 40% of black households in St. Louis are living in poverty. Those neighborhoods became low income because resources and opportunities were removed.
We need to stop trying to treat the symptom (violence) rather than finding a cure to the causes of the disease. As long as the disease festers in our community, the symptoms will keep multiplying and infecting other communities. Victims of poverty, children who are missing basic necessities and who struggle with poor healthcare or nutrition are more likely to encounter or engage in violence.
When you're black and poor in St. Louis, your opportunities to escape poverty are sabotaged. Schools in black neighborhoods are designed to make kids fail by providing substandard education, eliminating trade programs such as carpentry, defunding enrichment programs like art and music, non-existent honors program and criminalizing normal childhood behavior. Just last month, a court ruled that it was reasonable to handcuff a black 7-year-old hearing-impaired child for crying because he was being taunted by a group of boys.
Young black men are profiled and targeted as gun-toting drug dealers, although white people are more likely to deal drugs. Black people who do end up selling drugs, often do so because they become desperate and don't see any other option. Most people would never choose behaviors resulting in prison or death if they had other options. Harsh punishment breeds resentment which can lead to violence, we need to focus more on treatment and education.
Nearly four years ago, we published an article titled, "Crime Won't Decrease Until Oppression Decreases". That year, St. Louis had the highest murder rate in the country and not much has changed, except the increasing number of young children dying. Our communities are under attack and our primary response is to hold vigils and rallies. It's time to stop begging for change and start demanding change with direct action!
"Protest minus disruption or violence equal failure". We need to disrupt the systems that benefit from our oppression and destruction. The law is the primary means by which our community is oppressed but very few black people understand how to perform legal research and use that research to benefit them. Unscrupulous businesses, slum landlords, shady creditors, and even corrupt municipalities weaponize ignorance to enrich themselves.
Question everything, especially mass media and even things you've believed to be true your entire life. We've been fed a diet of half-truths and lies all our lives. During the 1980s and 1990s, people bought into the lies about crack and addicts were criminals that should be locked up. Now that white people are increasingly becoming addicted to drugs, its a national health crisis and suddenly the error of criminalizing addicts became clear.
City Government & Police
Now some are calling for more police and the criminalization of gun possession, the end result would be more black people criminally charged for behaviors considered a constitutional right for everyone else. Mayor Lyda Krewson stated St. Louis should be allowed to issue concealed weapons permits.
Where there are no guns, there are no gun deaths. Let me be clear, I am not pro-guns at any cost. If it was possible, I could even be in favor of an absolute gun ban for everyone. However, I believe it would be almost impossible to repeal the second amendment. With that said, I would never support restricting the rights of only a particular group of people.
In Missouri, it is your constitutional right to bear arms including a concealed weapon. Any attempt to deprive the citizens of St. Louis of that right is unconstitutional. The vast majority of people committing violent crimes in St. Louis are criminals using illegally obtained guns. Requiring gun permits in the city would create barriers to law-abiding poor (mostly black) residents from being able to afford the permit fees. As Tupac stated, people living in the most dangerous areas need weapons the most.
Recently, Mayor Krewson said she wants to relax the residency rule to hire police officers. The result of that policy would be more racist white officers policing a population they don't understand in a community they have no ties to. Racist cops and a previously racist prosecutor unfairly targeted and criminalized black men especially youth. Some were forced to accept plea deals rather than spend months in jail awaiting a trial. Atlanta’s population is about 54 percent African-American and 38 percent white. Its police force is 58 percent African-American and 38 percent white and Atlanta pays officers roughly the same as St. Louis City. Atlanta doesn't seem to have a problem recruiting and retaining black police officers, so why does St. Louis? Racism may not be the only reason, but it is among the reasons.
It's generally understood that police exist to keep order. What's not understood is that order is white supremacist patriarchy. – Zellieimani(Twitter 10-9-2014)
The year following Zellieimani's tweet, a leaked memo revealed that 12 white police officers on a specialized narcotics team in Dothan, Alabama, planted drugs and guns on over 1,000 innocent young Black men. All of the officers reportedly were members of a Neoconfederate organization that the Southern Poverty Law Center labels "racial extremists". Cobb County, GA police Lt. Greg Abbott, stated, "But you're not black. Remember? We only kill black people," to a white woman afraid to move her hands during a traffic stop.
St. Louis Police Department has a long reputation for being a racist organization. Most recently an investigation of racist Facebook posts resulted in 22 St. Louis City police officers being barred from bringing cases to the prosecutor. How many innocent young Black men did those 22 St. Louis police officers plant drugs and guns on?
Mayor Krewson if you want more black police officers, partner with St. Louis Public Schools and bring back the officer friendly program; encourage officers to go into predominately black schools to remove the fear of encounters and to spark interest in careers in law enforcement. How about creating a junior police academy program, similar to ROTC, to get high school students interested in law enforcement. Create an apprenticeship program where kids from high crime areas can apprentice in police offices during the summers before their junior and senior years. They could help in call centers, data entry, general office tasks, social media, and other functions where they become more familiar and comfortable with the idea of law enforcement as a career. Find out how other cities such as Atlanta recruit and retain black officers and at the same time develop methods to weed out racist and abusive officers.
Cure Violence
The City has announced plans to implement Cure Violence, a program created by Gary Slutkin, a white doctor in Chicago. I'm not sure giving $8.5 million to a white savior is the best way to go, the staff members with decision-making power appear to be all white. Cure Violence began as the Chicago Project for Violence Prevention in 1995 and implemented its first program, known as CeaseFire, in 2000, but Chicago aka Chiraq does not have the best reputation in regards to violence.
We already have plenty of non-profit organizations in St. Louis, why not fund and utilize existing programs; Cure Violence doesn't seem much different from the efforts of Better Family Life. Another underfunded organization doing great work helping at youth risk is the Demetrius Johnson Foundation.
Opportunity is the best cure for violence that occurs in the City of St. Louis!
How about encouraging partnership between organizations. Instead of wasting millions of dollars with developers like Paul McKee, funnel funds to joint program between St. Louis YouthBuild and North Grand Neighborhood Services (NGNS). This would provide construction job training to at-risk youth while at the same time restoring St. Louis' housing stock and providing affordable housing.
Why not call a non-profit summit a sort of meet and greet where St. Louis Government and non-profits can get together and figure out how they can partner to solve issues. There are plenty of underfunded grassroots organizations already in target neighborhoods doing quality work and could do wonders with additional funding.
Solutions
Solutions to the problems facing the black community will require individual and collective sacrifice. Solutions will require time, effort, creativity, and money.
Beware of Strangers Bearing Gifts
What seems like an act of goodwill may mask a hidden destructive or hostile agenda. In order to find effective solutions, we must first realize that what might look like a solution could actually be a trap. There are some who disguise themselves as friends but have declared war on black people and "all warfare is based on deception".
Margaret Sanger, the founder of what today is Planned Parenthood, was a racist eugenicist who wanted to exterminate the black population thru birth control. Under the pretense of better health and family planning, Sanger deceived and convinced some of the most prominent black doctors and well educated black clergy members into supporting her scheme. The black elites were so concerned with economic empowerment and garnering the respect of whites, that they jeopardized the very survival of Black people in America.
It seems to me from my experience … that while the colored Negroes have great respect for white doctors they can get closer to their own members and more or less lay their cards on the table which means their ignorance, superstitions and doubts.
We should hire three or four colored ministers, preferably with social-service backgrounds, and with engaging personalities. The most successful educational approach to the Negro is through a religious appeal.
We don’t want the word to go out that we want to exterminate the Negro population, and the minister is the man who can straighten out that idea if it ever occurs to any of their more rebellious members. – Margaret Sanger: 1939 Letter to Dr. Clarence Gamble
The Civil Rights movement reached its peak with the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965. The vicious racists who killed Emmett Till, bombed churches, sicked dogs and sprayed hoses didn't just suddenly disappear, they simply faded into the background. Ku Klux Klan members traded their sheets and hoods for police uniforms, judge robes, the suits of politicians and prosecutors. Since overt discrimination had been outlawed, they implemented a tactic of covert racism.
Racist politicians created policies that sabotaged President Johnson's Great Society legislation including the Economic Opportunity Act of 1964, Food Stamp Act of 1964, Elementary and Secondary Education Act of 1965. Programs created during Johnson's administration were implemented in ways that wreaked destruction on the black community. Listen to Dr. Umar Johnson's discussion about how the black community has been under attack since 1970.
Between 1934 thru 1962, St. Louis' murder rate was usually between 6-13 per 100,000 people. After 1963 it begins to rise and then rises further during Nixon's "War on Black People", then again during Reagan's first term and then peaked during the crack epidemic. Chicago experienced a similar trend, 1974 was Chicago's deadliest year with 970 homicides, we checked because Cure Violence originated there.
More recently, three-strike laws, mandatory minimum sentencing, truth in sentencing laws, harsher punishment for certain drugs so-called solutions promoted to reduce crime resulted in mass incarceration and destroyed generations within the black and brown communities. Desperation to reduce gun violence appears to be setting the stage for gun possession to become the new mass incarceration tool.
Others Don't Care
Although oppressive discriminatory practices by others are directly and indirectly responsible for many of the issues plaguing the black community, most people outside our community don't care.
How often do you think about those 2.8 billion people on the planet who struggle to survive on less than $2 a day, and more than one billion people who lack reasonable access to safe drinking water?
Do you ever think about how many of those people's are forced to work in dangerous conditions so that you can purchase cheap products at Wal-Mart and DollarTree?
Probably not, because you're too busy concentrating on your problems. That's how other people feel about our problems, they don't care. Dave Chappelle expressed this sentiment during his NetFlix special, "Sticks and Stones" while talking about the opioid and heroin crisis.
Regardless who caused our problems, we better work at fixing them, because others don't care enough to fix them for us.
Support Our Champions
A person who truly fights or argues for a cause or on behalf of someone else is a champion. Champions are rare, so when you have one, it behooves you to vigorously support them. Kimberly Gardner has become an unexpectant champion. I've never met Kimberly Gardner, but I did vote for her.
In December 2016, prior to Ms. Gardner's swearing-in ceremony, I stated in a post, "if Ms. Gardner proves to be a fair prosecutor, there will certainly be those that will attempt to distort her statements, vilify her actions and generally discredit her. There is a private prison system that stands to lose millions of dollars under a non-oppressive system".
Kimberly. Gardner has exceeded my wildest expectations, shown tremendous courage, and has gained my utmost respect. She's actually trying to fight the disease. She's created a list of officers who she won't accept cases from including 22 officers for racist Facebook post. Ms. Gardner has removed or reduced amounts of cash bond for minor, nonviolent offenses. She is also expanding diversion and drug court programs and ending prosecutions of low-level marijuana possession cases.
Two white prosecutors who served under Gardner's predecessor, Jennifer Joyce, conspired with white police officers to cover up a police beating of a handcuffed suspect, recently lost their law licenses because of their crimes committed while prosecutors.
The white St. Louis Police Officers' Association, has called for Gardner's resignation. Jeffrey Roorda, the association's spokesperson was fired from the Arnold, MO police department for making false statements and filing false reports.
It's not surprising that a police association with a racist history would target the City's first black prosecutor, especially since she is holding police accountable for their unethical and illegal actions. The Ethical Society of Police, founded by African American Police Officers was created to address race-based discrimination within the community and the St. Louis Metropolitan Police Department.
As long as Ms. Gardner continues to champion our rights and act as a buffer between police abuses, we need to provide as much support as we can provide to her and others who similarly act on our behalf.
Withdraw Support from Betrayers
I felt betrayed after the democratic mayoral primary. Of the four major black candidates, I had previously voted for three. Antonio French was the only candidate I hadn't voted for because I did not live in his ward, but my parents did. As I mentioned in "Black Ego lost the St. Louis Mayoral Race", "How is it possible that three intelligent, seasoned politicians didn't understand they would split the black vote so severely that none of them would win?"
When I see all the obstacles Kimberly Gardner is facing, I often wonder how things might have been different if she had a black mayor to work with. Remember, much of her opposition is coming from the police who are under the mayor's chain of command. I also wonder if the violence might have been reduced and some of those children's lives spared if things had worked out differently.
I've lived in the city for nearly 40 years and moved shortly after the last election. However, if still a city resident, I would not vote for any of the candidates who couldn't work together to ensure a black power structure in St. Louis City.
Different Ideas
We must respect different ideas. No one idea or solution will solve all our issues and problems. Just because your idea is different from mine doesn't make yours wrong. We need to work more closely together on the things were agree rather than fighting over what we disagree. Disagreement slows progress. "United we stand, divided we fall".
Washington vs Du Bois
Booker T. Washington (1856-1915) the most influential black leader of his time preached a philosophy of self-help, racial solidarity and accommodation. He urged blacks to accept discrimination for the time being and concentrate on elevating themselves through hard work and material prosperity thru education in the crafts, industrial and farming skills.
W.E.B. Du Bois (1868–1963) a founding member of the NAACP, advocated political action and a civil rights agenda. He believed that developing a group of college-educated blacks, 10% of the black population “the Talented Tenth” would provide direction and leadership for the other 90% to change their social and economic status. Although Du Bois early on agreed with Washington’s strategy, later he decided it would serve only to perpetuate white oppression, which he expressed in his book, "The Souls of Black Folk".
The Washington/Du Bois dispute divided African-American leaders into two camps; Washington's accommodationist philosophy or Du Bois philosophy of agitation and protest for civil rights. Washington was born a slave, didn't know who his father was, was raised in the south and taught himself to read. Du Bois was born three years after the Civil War, was raised in Great Barrington, MA, a relatively tolerant and integrated community of 4,000 with only about 50 blacks. With encouragement from his teachers, Du Bois was the first black student to graduate from his high school.
Washington's and Du Bois' circumstances and upbringing were polar opposites, so naturally, because of their vastly different experience, their perspectives were different, so they had different ideas and solutions. We needed both Washington's practical approach for the masses of black people especially in the South and Du Bois approach of developing educated leadership. Those two giants might have achieved so much more working together instead of working against each other.
King vs Malcolm X
Half a century later, Dr. Martin Luther King Jr. and Malcolm X would also split black leadership into two camps. Again, we have two men with vastly different backgrounds. King was the descendant of prominent ministers went to college earned a Ph.D. and became a minister himself. Malcolm X's father was murder and he became a foster child after his mother was hospitalized with mental issues, he later engaged in drug dealing, gambling, racketeering, robbery, and pimping and went to prison where he became enlightened by another inmate. Dr. King's non-violent integration movement and Malcolm X's any means necessary racial separatism philosophy were both valid strategies. Unfortunately, they both denounced the other's strategy.
There are roughly 44 million Black people in the United States and we all face some form of discrimination. Forty-six percent of us are in poverty, the working poor or the working class earning $35,000 or less; 40% are in the middle class earning between $35-100K, the upper 14% includes the upper middle class and wealthy. Poverty by itself does not necessarily result in violence, the majority of poor people are non-violent. Poverty coupled with discrimination, oppression and poverty being criminalized, people become desperate and or hopeless. Those at the bottom face the most number of barriers and experience the worst oppression.
"The most dangerous creation of any society is the man who has nothing to lose." – James Baldwin
Non-violence vs Violence
According to the latest 2018 U.S. Census figures, there are 46,919,000 African-American with a per capita income of $23,993 generating total income of $1,125,727,567,000. In 1934, W.E.B. Du Bois spoke of, "A Negro Nation Within a Nation". If African-Americans were a country, we'd have the 17th largest economy by GDP in the world between Indonesia and the Netherlands.
Countries have diplomats and soldiers working together employing both peaceful tactics and force when necessary. There's no reason a movement can't utilize different tactics at the same time to arrive at a common goal. Near the end of their lives, both Malcolm X and King slightly adjusted their philosophies. A year before his death, King stated, "My Dream Has Turned Into a Nightmare". Like Washington and Du Bois, King and Malcolm X might have achieved more working with one another.
Groups such as the National African American Gun Association (NAAGA) are increasingly aware of the need for self-defense and may one day be positioned as a deterrent against violence from outside groups. Organized armed groups of black men might even organize into neighborhood patrols.
Violence isn't always physical, sometime we must inflict economic violence to achieve our goals. Imagine what would happen if a large percentage of black people boycotted Christmas to protest a particular issue or form of oppression. Affected retailers and manufacturers might be motivated to speak out or intervene. If corporations can speak up for LGBT bathroom rights, the companies we spend our dollars with should speak up for us as well.
Education
Even though the St. Louis area is home to SLU, Wash. U, Harris-Stowe, UMSL, Fontbonne, SLCC, Ranken and a number of other colleges and universities, the quality of education in the City of St. Louis has been horrible for decades and no one can seem to come up with solutions.
Washington University has a $7.5 billion endowment, St. Louis University's endowment is $1.3 billion. Wouldn't it be great if those and other institutions funded grants or scholarships to St. Louis Public School students who commit to teaching in the district for a minimum number of years. Those teachers would then be able to better relate and understand the challenges of their students because they were those students.
But it probably won't happen. There are many smart people at Wash. U. and SLU, if they wanted to help, they probably would have done something before now.
Wash. U. and SLU both have law schools. Certainly they've known for decades about abuses occurring in St. Louis area courts. After just a few visits to courtrooms, I saw the abuses instantly, that's why I created this self-help legal information site by myself. Those law schools could have easily provided meaningful online self-help legal information decades ago.
Maybe the city could partner with Ranken to offer technical education to students who commit to a revitalization program where their skill would be used to help repair the houses of elderly and disabled residents. Instead of burdening poor residents with housing violation fines and court fees, maybe they could be referred to the revitalization program for low-cost repairs and repayment arrangements.
Independently educate yourself and your children. Supplement your child's education with additional material, especially if they attend public schools; "how can you expect powerful people to give you the training, give you the education to take their power away from them".
Check out our "Free Money for College" page to find funding for your child or yourself, there's no age limit.
Individual Efforts
What can you do individually to make things better?
Educate yourself thru self-study by using public libraries, the Internet and other resources to develop new skills so you can develop sources of income outside of your job. This is how businesses are created which leads to the employment of others.
Where you spend your money is where your create jobs. Patronize businesses in your own neighborhood which supports job creation.
Before you stop patronizing a business in your neighborhood, talk to or write the owner and express the reasons why you are dissatisfied with their product or service so they might improve.
Black business owners, understand decades of negative imagery and stereotypes put black businesses at a disadvantage, even among our own. Most of us are familiar with the saying "black people have to work twice as hard to get half as much". Your business has to price its products and service competitively, you must treat your customer with respect, you must invest profits back into your business and constantly improve.
Share your knowledge with others. Not everyone knows what you do. Sometimes the difference between someone failing and succeeding is the proper knowledge. Think about the knowledge and advice that was passed along to you and how helpful a particular piece of advice was. Give that gift of knowledge to someone else, it could quite literally save someone's life.
Provide a home to child thru foster care or adoption.
Volunteer or donate to an organization trying to make a difference in St. Louis.
Ask your church or any organization you donate money to explain exactly how they use your donated money.
Reach out and get to know your neighbors. Join or start a neighborhood watch or association.
Stand up for your individual rights no matter how small. Rights and privileges are seldom taken away swiftly; they are usually taken away slowly almost unnoticed until one day they are gone
Dr. Kwaw Imana, Class of 2000 at Morehouse College, delivered a powerful Valedictorian speech where he rejected a Rhodes Scholarship, the oldest and most prestigious scholarship in the world, because of Cecil Rhodes racist history. Imana compared it to a person of Jewish descent being offered a Hitler scholarship and challenged his fellow graduates to create businesses and institutions in black communities.
Churches and Organizations
Black churches, organizations and community members could partner together form a non-profit corporation to act as a central clearinghouse for resources. Black organizations and institutions compete against each other for government grant funding. Competing for that funding drains resources and once secured, yearly audits are required to show how funds were spent. Pooling the resources of multiple organization under the umbrella of a single entity would be more efficient and those resources could become much more effective.
"the educated Negro does not understand or is unwilling to start small enterprises which make the larger ones possible." – Carter G. Woodson, The Mis-Education of the Negro 1933
As we mentioned during a reparations post, Black churches take in an estimated $12-13 billion per year, which is greater than the GDP of dozens of entire nations. How much of those funds are being spent to benefit the community in which you live? If a fraction of church donations were pooled together think about the endless possibilities: schools, homeless shelters, urgent care clinics, hospitals, business incubators, convention venues and more. Consider how the Catholic church builds schools, hospitals, senior housing, and nursing homes all under the Catholic Charities Umbrella.
The Betrayal of the Black Elite
Drugs
We have declared drug use to be a health crisis, so we need to decriminalize possession of small amounts of drugs, otherwise, we are declaring drug addiction is a crime. In the United States, drugs became illegal in the early 1900s due to racism and drug enforcement tends to highly disproportionately affect minorities.
Many other countries including Spain, Italy, Germany, and Mexico have already decriminalized small amounts of drug possession. Canada is treating opioid addiction with prescription-grade heroin. In August 2009, Argentina’s supreme court declared in a landmark ruling that it was unconstitutional to prosecute citizens for having drugs for their personal use – "adults should be free to make lifestyle decisions without the intervention of the state".
Decriminalizing drugs would reduce many of the criminal justice encounters that create conditions which result in violence. It will also free police officers to concentrate on other crimes.
Conclusion
Violence always indicates that something else is wrong. Treating violence as a symptom of a disease is a step in the right direction. As long as the disease goes untreated, all of us including our children are in danger of becoming victims.
A handful of people participated in the civil rights movement that provided new rights to everyone and protected denied rights to oppressed people. Had more people participated greater achievements might have been made.
What will you do? If your plan is to let others tackle this problem, then it will never be solved. If you can identify just one person who needs help and then assist them, you can change the world!
Terry Tillman, a 23-year-old black man, who was shopping at the Galleria Mall was killed by a Richmond Heights Police after receiving a call about a man carrying a concealed firearm.
I have two sons who are 20 and 26 years old. Mr. Tillman could just as easily be one of my sons if they decide to exercise their constitutional right to carry a concealed weapon. I want my sons to have the ability to exercise their rights without the fear of being executed. They are both law-abiding citizens who shouldn't be considered criminals because they happen to be black. A gun provides some protection against violent criminals, but when black people encounter criminal, fearful or racist police officers there is little to no defense.
White men aren't targeted with suspicion when they exercise their gun rights even though mass shooters who target random victims are more likely to white men.
Legal behavior
The Galleria Mall has signs posted restricting guns, however, as we mention on our "Gun Law in Missouri" page, carrying a gun inside the Galleria was not illegal. A person who carries a concealed weapon onto restricted property and refuses to leave when asked may be removed from the premises by law enforcement officers and fined, as provided in Section 571.107 RSMo, but not charged with a crime unless an additional illegal act is committed on the private property.
Reports say that Mr. Tillman ran when asked about the gun, but running is not a crime. On June 5, 2019, a Federal Appeals Court ruled police who got a tip that a black man was carrying a gun had no authority to chase him down when he fled, and then to search him — at least in a state where carrying firearms is legal, US v. Brown, 925 F. 3d 1150 – Ct of Appeals, 9th Circuit 2019. The court in its opinion quoted Supreme Court Justice John Paul Stevens who said in a 2000 case:
“Among some citizens, particularly minorities and those residing in high-crime areas, there is … the possibility that the fleeing person is entirely innocent, but, with or without justification, believes that contact with the police can itself be dangerous.”
It is not illegal to run from a cop who has not detained you or has not issued an order to you. "If you can walk away, you can run away. It shouldn't matter the speed at which you move away." – Ezekiel Edwards, ACLU. However, running may provide reasonable suspicion depending on the circumstances. It IS illegal to run from a cop who has detained you or issued a lawful order. The order "STOP" is a lawful order, and from that point on, you are committing a crime if you do not stop.
The U.S. Supreme Court held in Tennessee v. Garner, 471 U.S. 1 (1985) that, under the Fourth Amendment, when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
St. Louis County Police Sgt. Ben Granda provides limited information about the killing of Terry Tillman. The officer approached Mr. Tillman and allegedly advised him of the Galleria’s Zero Tolerance Policy on guns. The officer claims that as he was speaking with Tillman, he suddenly ran away. Sgt. Granda does not indicate that Mr. Tillman did anything illegal.
Felon in Possession and Warrant
I did not know Terry Tillman, so I am not personally familiar with his background or criminal history. I did visit his Facebook page, which includes some questionable post, but I attribute that to inexperience and youth; his page also indicated he was involved in music like my youngest son. Tillman was a rapper and probably felt the need to carry a gun for his own protection.
Tupac talked about gun possession and violence in a 1994 BET interview where he explained why so many young people carried guns.
A cursory check of Missouri Casenet indicates that Mr. Tillman had an active pending criminal case for felony theft, but had not yet been convicted. According to the docket entries, Mr. Tillman failed to appear in court and a bench warrant was issued.
Casenet also indicated other criminal charges and convictions, therefore, if those docket entries were correct, Mr. Tillman was a felon in possession of a firearm. However, the police officer would have had no prior knowledge of those facts and therefore his actions may not have been justified. Because of abuses within the criminal justice system, criminal histories may not tell the full story, consider the lesson from "When They See Us". Many people accept plea bargains and confess to crimes not because they are guilty but from fear of long prison sentences in an unfair criminal court system or to simply to be released from jail because they could not afford bail.
What if
What if Mr. Tillman did not have a prior felony conviction, but was still facing felony charges? Since he had not yet been convicted, he would not have been a felon and his gun rights should not have been restricted. Until the police know otherwise, that's the assumption Mr. Tillman should have been given, especially in light of the recent US v. Brown decision.
Does a bench warrant make you a fugitive from justice and thereby ineligible per RSMo 571.070? A Missouri Court of Appeals decision, Missouri vs. Chase, 490 SW 3d 771 (2016) indicates it does not. The court determined the phrase "fugitive from justice" was not defined and was ambiguous. Therefore, even a person with an active bench warrant with no prior felony convictions based on that court opinion retains the right to conceal carry.
Identification
It's unclear whether any Galleria Official or store employee requested that Mr. Tillman leave the premises. It's also unclear if there was a duty to make such a request before calling the police. The answers to those question might determine if Mr. Tillman would have even been required to identify himself to police.
The Richmond Heights Police had no way of knowing about a bench warrant or even who Mr. Tillman was. They can't assume just because he was black and had a gun in a permitless carry state that he was suspicious.
If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states. Kansas City is the only place in Missouri with a "Stop and identify" statute, RSMo 84.710(2). "Stop and identify" statutes authorize policeto legally demand the identity of someone whom they reasonably suspect of having committed a crime.
If the police could not legally force Terry Tillman to identify himself, they couldn't have known he had an active warrant and would not have had grounds to arrest him.
Conclusion
The gun-rights of black people are under attack. Because of the no gun policy and signage, the police were within their rights to approach Mr. Tillman and inform him of the Gallerias no tolerance policy regarding weapons. When Mr. Tillman ran, he removed himself from the premises which complied with the newly provided information.
No one knows why Terry Tillman ran. Did he feel threatened or in danger? Did he fear arrest? But we do know that Mr. Tillman cannot explain his actions because he was killed. Running may not have been his best option, but people don't always behave rationally when they are in fear. The only person who can explain their actions is the officers that shot and killed Terry Tillman.
Was it reasonable for the police to be suspicious because Mr. Tillman ran? Probably, but an explanation about why deadly force was used should have been provided within minutes or hours at the utmost. It's been three days since Mr. Tillman was killed and we still don't know why deadly force was used.
Without reasonable suspicion that a crime is being committed, a black person who conceals carry should simply be viewed as exercising their constitutional rights, to behave otherwise is a constitutional violation. It's very possible that Mr. Tillman's Missouri and Federal constitutional rights were violated. Unless police reasonably feared for their safety or the safety of others, deadly force should not have been used.
Family and friends of Mr. Tillman participated in a peaceful protest at the Galleria which resulted in arrests being made. Reportedly the family doesn't know where or how many times Terry Tillman was shot.
It should not be necessary to protest simply to get answers about why your child was killed. It's unreasonable that a family should be expected to accept the death of their loved one without a reasonable explanation. Transparency is required and expected and when not provide suspicion arises.
Certainly, there are plenty of cameras in and around the Galleria, the bank where the killing took place, and surrounding businesses. The public has a right to know whether body camera, dashcam, or other videos exist.
Based on past history, I expect the police to implement their no snitch policy (blue wall of silence) and to use the facts that Mr. Tillman had prior convictions, a pending felony charge, a bench warrant, a gun in his possession and that he ran as justification for their actions. The police had no prior notice about Mr. Tillman's convictions, charges or warrant, so those aren't valid reasons to chase and then shoot him. Since they have remained silent, I can only conclude the most obvious reason, "black man with a gun".
My heart goes out to the family and friend of Terry Tillman, I'm so sorry for your loss. As you encounter and hear from ignorant and hate-filled people trying to demoralize your spirits and denigrate the memory and legacy of Terry, remember there are so many others who are praying for you and grieving with you.
Fear is a powerful and dangerous motivator which can mask real issues. Fear is an effective tool to control populations and convince people to voluntarily give up their rights. The video below of an 11-year-old active shooter expert provides an excellent example and has over 18 million views on Facebook.
Any death is tragic, especially the death of a loved one. My heart goes out to those who lost family and friend during mass shootings. My heart also goes out to those who have lost loved ones to violence right here at home and across the country.
On Sunday, August 18, 2019, my birthday, I woke up to read the following headline in the St. Louis Post Dispatch, "Almost A Dozen Children Fatally Shot, 1 Arrest". As of August 18th, 53 people out of a U.S. population of 330 million were killed in mass shootings this year. In contrast, 122 people out of a population just over 300,000 were killed in St. Louis during that same time frame. To put that into perspective, it would take over 133,000 mass shooting deaths in this country to equal the ratio of deaths in St. Louis.
In 2017, there were 14,542 gun homicides and nearly 40,000 gun deaths when suicides are included. We need to concentrate more on reducing those mostly handgun deaths and the underlying cause. I don't know many people within the black community that has not been personally touched by gun violence. I have personally lost a brother-in-law, a nephew, classmates, and my sons, nieces, and nephews have lost friends and relatives. I've experienced close encounters with guns fired from moving vehicles and so did my parents prior to the passing of my mother. Mass shootings are horrible situations, but I'm more concerned with gun violence on the streets of St. Louis than I am in Wal-Mart.
While fear has you worrying about a statistical improbability, your rights could be stripped away. Don't get distracted by false narratives.
Black Gun Rights Under Attack
I'm not a big fan of guns, however, if gun rights continue to exist, I don't want my gun rights infringed upon. Every time a mass shooting incident happens, the discussion eventually turns to background checks. Many if not most mass shooters passed background checks or possessed legal firearms.
Bans on assault weapons is currently a hot topic. Even if assault weapons were banned, handguns with magazines that hold 16-18 rounds are common. A person carrying one or two concealed handguns with multiple clips could also do a lot of damage.
As mention in our Missouri Gun Law page, gun restrictions in this country have always had racist intent. The FBI recently created "black identity extremism”, which falsely identified black protest groups as terrorists. Had the FBI been successful, members of "Black Lives Matter" and related groups could possibly have had their gun rights restricted because of supposed terrorist affiliations. Ironically, white mass shooters are rarely described as terrorist.
Let's do some math.
36% of whites own guns, the U.S. white population is 197 million, about 71 million white gun owners.
24% of blacks own guns, the U.S. black population is 46 million, about 11 million black gun owners.
In both percentages and numbers, the black community has some catching up to do. I suspect that the vast majority of assault-style weapons are white-owned. Historically, bans include a grandfather clause, so if assault weapons are banned, the black community would be permanently disadvantaged.
I've always been suspect how Facebook so quickly overtook MySpace and dominated social media. Early on I assumed the government had some major role. Much of the information people voluntarily share on Facebook, the government would need a search warrant to discover.
Sound far fetched? The CIA runs a venture capital firm called In-Q-Tel. Its purpose is to find and finance companies that could benefit the CIA. It invests in high-tech companies for the sole purpose of keeping the Central Intelligence Agency, and other intelligence agencies, equipped with the latest in information technology in support of United States intelligence capability.
In-Q-Tel sold 5,636 shares of Google, on November 15, 2005. The shares were a result of Google's acquisition of Keyhole, Inc, the CIA-funded satellite mapping software now known as Google Earth.
The first In-Q-Tel CEO was a venture capitalist named Gilman Louie. Louie once served on the board of the National Venture Capital Association. While Louie was on the board of NVCA, another board member was James Breyer, who runs Accel Partners which was Facebook's first venture capital investor. Coincidence? You decide.
More significantly, Facebook is required to have an “outside assessor” – a sort of privacy cop – to monitor the company’s handling of user data, along with following a few other corporate procedural requirements. That assessor could address the fundamental problems with the way Facebook operates – but as a scholar of technology companies’ business practices, I’m worried that this potentially all-important role is set up for failure.
Who’s watching Facebook watch you?
In my opinion, in order to be effective, there are three main privacy-related concerns the FTC’s newly designated cop would need to look out for: the potential for genuine violations of users’ privacy; the targeted spread of harmful content, especially resulting in election manipulation and ethnic violence; and instances of collecting and harvesting far more data than is warranted to provide services to users.
An independent assessor will lack the standards, regulatory and legal guidelines, and the insight needed to actually monitor how Facebook handles those three issues. This makes the privacy cop’s job much harder than that of a regular cop or, say, a financial auditor.
The FTC ruling gives the privacy cop no clear guidance on which data-sharing or data-withholding arrangements between Facebook and other companies are legitimate and where they cross a line. This is because there are still no internationally agreed-upon data protection rules, and few clear regulations in the U.S. to compare Facebook’s actions against.
FTC Commissioner Rohit Chopra.
Facebook’s business model uses its treasure trove of user data to target advertising, the source of almost all the company’s revenue. An outsider will be unable to tell the difference between legitimate business practices that harvest user data to increase profits and problematic abuses that violate users’ privacy. In fact, FTC Commissioner Rohit Chopra, who dissented from the decision, declared that the new settlement still “allows Facebook to decide for itself how much information it can harvest from its users and what it can do with that information.”
The outside assessor will be focused on privacy, which means that identifying, verifying and policing content will be beyond the assessor’s mandate. Ironically, steps to enhance privacy, such as ensuring end-to-end encryption across all of Facebook’s messaging platforms – as Mark Zuckerberg intends to do – would help in protecting the identity of the spreaders of harmful messages, rather than exposing them and their actions.
Protecting users from giving up too much
Access to Facebook seems free, because it costs no money, but users pay with their data. The assessor should ask if the users are being charged fairly, in privacy terms, for the service they’re receiving. That raises the question of what a “fair” price is for what Facebook provides.
Normally, price is set by a competitive market, where customers can choose from a range of service providers. Not so on Facebook, where there are high costs – again, not financial, but in terms of time and effort – to leaving, and no other option offering equivalent services.
A social science phenomenon called the “network effect” means that any network is increasingly valuable as more people join it – but that means it’s also increasingly hard to leave. There are now more than 2.3 billion Facebook users around the world. For too many people, their most active online social connections are on Facebook.
Spotify is one of the many online services that allows users to log in with their Facebook account credentials.Screenshot of Spotify website, CC BY-ND
It’s hard to leave Facebook, not only because there are so many users. Many customers use their Facebook logins on thousands of other apps and services. If they delete their Facebook accounts, they lose all access to those other apps too, like customized Spotify playlists and Netflix viewing preferences. Worse still, Facebook has bought up many of its competitors. Lots of people who quit Facebook shift over to Instagram – which is owned by Facebook.
Looking to the future, the company is making the price of leaving Facebook even higher, by planning to consolidate its data-collection power by integrating its various apps, including Facebook Messenger, Instagram and WhatsApp – as well as through a proposed digital currency for transactions conducted on Facebook platforms. All of these create a playing field that is tilted in favor of an all-encompassing single parent company, limiting users’ choices and making switching difficult. No assessor can remedy the inherent unfairness of that imbalance.
Far more than the fine, the centerpiece of the FTC deal is the outside assessor. If properly designed, this role could be truly game-changing – one of a forceful privacy cop setting the standards for how the power of big technology firms is managed from here on. But the fine is a slap on the wrist, and the cop’s arms are tied and don’t reach far enough. This sets a very bad precedent: Both the FTC and Facebook can declare a victory of sorts, while the consumer loses.
Republished with permission from The Conversation under a Creative Commons license.
SNAP is the primary way the government helps low-income Americans put food on the table. According to the government’s own calculations, an estimated 3.1 million people could lose SNAP benefits, commonly referred to as food stamps, through a new proposal that would change some application procedures and eligibility requirements.
We are nutrition and food policy researchers who have studied the effects of SNAP on the health and well-being of low-income Americans. Should this change go into effect, we believe millions of Americans, especially children, and local communities would suffer.
“My eating habits have improved where I can eat more healthy than before,” a Massachusetts woman who had recently been approved for SNAP told us. “It is like night and day – the difference between surviving and not surviving.”
SNAP benefits also ripple through the economy. They lead to money being spent at local stores, freeing up cash to pay rent and other bills. Every US$1 invested in SNAP generates $1.79 in economic activity, according to the USDA.
Trying again and again
The Trump administration has repeatedly attempted to slash SNAP and make it harder for people who qualify for benefits to get them.
The Trump administration also worked with Republicans in Congress to try to tighten eligibility requirements. Had this policy been implemented, all beneficiaries between the ages of 18 and 59 deemed “able-bodied” would have had to prove they were working at least 20 hours per week or were enrolled in school. According to government projections, some 1.2 million Americans would have eventually lost their benefits as a result.
Congress, which would have needed to approve the change for it to take effect, rejected it in December 2018. The White House then sought to change work requirements through a new rule that has not yet taken effect.
In July 2019, the Trump administration again sought to restrict access to food stamps without any input from Congress, this time by going through Temporary Assistance for Needy Families – a program that gives low-income families with children cash to cover childcare and other expenses.
Currently, most states automatically enroll families in SNAP once they obtain TANF benefits. The new rule would prevent states from doing this. Even though 85% of TANF families also get SNAP benefits, the vast majority of them still live in poverty.
The Trump administration’s proposed budgets have also called for changing how the government helps low-income families get food they have trouble affording. Its 2019 budget proposal called for replacing half of SNAP benefits with what it called “harvest boxes” of nonperishable items like cereals, beans and canned goods.
According to research we conducted with low-income Americans, 79% of SNAP participants opposed this proposal, with one of the primary reasons being not being able to choose their own foods.
“People who are struggling are already demoralized,” a New Mexico woman who uses SNAP benefits told us. “Being able to make our own food decisions is something that keeps us feeling like human beings.”
Advocates for food aid fear that recent proposals to change how SNAP works would reduce the share of Americans who get these benefits by making it harder to qualify and enroll in the program. Should this major transformation ever occur, children and families won’t have access to critical benefits that help them avoid going hungry.
Tracking the demand for food stamps
Although the Trump administration has until now largely failed in its effort to cut SNAP spending, the number of people getting food stamps is already declining. This trend began during the Obama administration, in the aftermath of the Great Recession.
Since the economy is doing well overall, the number of people on food assistance programs has fallen. The reason for the decline is that the number of people who are eligible for these benefits rises when the economy falters and falls when conditions improve. As a result, the government is spending less on food stamps without cutting the SNAP budget.
Case in point, 7 million people have already left SNAP due to better economic stability. In parallel, federal spending on SNAP budget has dropped from $78 billion in 2013 to $64 billion in 2019.
If the Trump administration wants to shrink SNAP, reduce costs and have fewer low-income Americans receive benefits, we believe that the best thing it can do is to keep working to improve the economy – particularly for low-income Americans, who have been reaping fewer benefits from the improving economy than others in recent years.
Republished with permission under license from The Conversation.
by Nora V. Demleitner, Washington and Lee University
Editor's note: Lawmakers on both sides of the aisle in Congress and the states are challenging the Trump administration’s embrace of civil asset forfeiture abuse, which strips billions of dollars a year from Americans – who often have not been charged with a crime. Law professor and criminal justice expert Nora V. Demleitner explains how this procedure works and why it irks conservatives and progressives alike.
The authorities don’t need a conviction or even for a suspect to be charged with a crime before seizing a car, cash or even a house.
1. What is civil asset forfeiture?
Civil asset forfeiture laws let authorities, such as federal marshals or local sheriffs, seize property – cash, a house, a car, a cellphone – that they suspect is involved in criminal activity. Seizures run the gamut from 12 cans of peas to multi-million-dollar yachts.
In contrast to criminal forfeiture, which requires that the property owner be convicted of a crime beforehand, the civil variety doesn’t require that the suspect be charged with breaking the law.
Three Justice Department agencies – the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration (DEA) and Federal Bureau of Investigation (FBI) – do most of this confiscating. Most states also permit local prosecutors to take personal property from people who haven’t been charged with a crime. However, some states have begun to limit that practice.
Even when there are restrictions on when and how local and state authorities can seize property, they can circumvent those limits if the federal government “adopts” the impounded assets.
For a federal agency to do so requires the alleged misconduct to violate federal law. Local agencies get up to 80% of the shared proceeds back, with the federal agency keeping the rest. The divvying-up is known officially as “equitable sharing.” Crime victims may also get a cut from the proceeds of civil forfeiture.
John Oliver’s ‘Last Week Tonight’ segment on civil asset forfeiture in 2014 used humor to help viewers understand the practice.
2. Can people get their stuff back?
Technically, the government must demonstrate that the property has something to do with a crime. In reality, property owners in most states must prove that they legally acquired their confiscated belongings to get them returned. This means the burden is on the owners to dispute these seizures in court. Court challenges tend to arise only when something of great value, like a house, is at stake.
Unless an owner challenges a seizure and effectively proves his innocence in court, the agency that took the property is free to keep the proceeds once the assets are liquidated.
Many low-income people don’t use bank accounts or credit cards. They carry cash instead. If they lose their life savings at a traffic stop, they can’t afford to hire a lawyer to dispute the seizure, the Center for American Progress – a liberal think tank – has observed.
And disputing civil forfeitures is hard everywhere. Some states require a cash bond; others add a penalty payment should the owner lose. The process is expensive, time-consuming and lengthy, deterring even innocent owners.
There’s no comprehensive data regarding how many people get their stuff back. But over the 10 years ending in September 2016, about 8% of all property owners who had cash seized from them by the DEA had it returned, according to a report from the Justice Department’s inspector general.
3. Who opposes the practice?
Many conservatives and progressives dislike civil asset forfeiture. Politicians on the left and right have voiced concerns about the incentives this practice gives law enforcement to abuse its authority.
Critics across the political spectrum also question whether different aspects of civil asset forfeiture violate the Fifth Amendment, which says the government can’t deprive anyone of “life, liberty, or property, without due process of law” or is unconstitutional for other reasons.
Until now, the Supreme Court and lower courts, however, have consistently upheld civil asset forfeitures when ruling on challenges launched under the Fifth Amendment. The same goes for challenges under the Eighth Amendment, which bars “excessive fines” and “cruel and unusual punishments,” and the 14th Amendment, which forbids depriving “any person of life, liberty, or property, without due process of law.”
In 2019, the Supreme Court unanimously found for the first time that these constitutional protections against excessive fines apply not just to the federal authorities but to the states as well.
Some concerns resonate more strongly for different ideological camps. Conservatives object mostly about how this impounding undermines property rights.
Liberals are outraged that the poor and communities of color tend to be disproportionately targeted, often causing great hardship to people accused of minor wrongdoing.
Another common critique: The practice encourages overpolicing intended to pad police budgets or accommodate tax cuts. Revenue from civil asset forfeitures can amount to a substantial percentage of local police budgets, according to a Drug Policy Alliance study of this practice in California. This kind of policing can undermine police-community relations.
The Justice Department’s guidelines state that forfeitures “punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities.”
However, the Inspector General’s office noted “without evaluating data more systemically, it is impossible for the Department to determine … whether seizures benefit law enforcement efforts, such as advancing criminal investigations and deterring future criminal activity.”
Critics of civil asset forfeiture argue that it can make policing more about raising revenue than improving public safety.
4. What is the scale of this confiscation?
The federal revenue raised through this practice, which emerged in the 1970s, mushroomed from $94 million in 1986 to a high of $4.5 billion in 2014, according to the Justice Department.
The Justice Department says it returned more than $4 billion in forfeited funds to crime victims between 2000 and 2016, while handing state and local law enforcement entities at least $6 billion through “equitable sharing.”
The scale of seizures on the state and local level is less clear.
5. What happened during the Obama and Trump administrations?
Beginning in 2015, joint state-federal task forces could continue to share forfeiture proceeds but state agencies were no longer permitted to ask the federal government to forfeit property they had taken on their own.
“I love that program,” Attorney General Jeff Sessions said in 2017. “We had so much fun doing that, taking drug dealers’ money and passing it out to people trying to put drug dealers in jail. What’s wrong with that?”
Attorney General William Barr, Sessions’ successor in the Trump administration, has also defended this policy.
Attorney General Jeff Sessions has expressed astonishment regarding the unpopularity of civil asset forfeiture.
6. Congress and the states
When Sessions changed the policy, legislative changes seemed possible. Senate Judiciary Committee Chairman Chuck Grassley sent Sessions a memo about how the federal funds obtained from seizures were wasted and misused. In some cases, Grassley wrote, the government provided “misleading details about some of these expenditures.”
The House also approved a bipartisan measure restricting civil forfeiture on June 20, 2019. This one goes further though and would substantially curtail the federal government’s powers.
In a Georgia Law Review article, I gave examples of other ways to keep police departments and municipalities funded, such as increasing fines and fees.
Unless the police pursue some alternatives, funding woes will continue to contribute to abusive policing practices that fall most heavily on those who can the least afford them: the poor and communities of color.
The unconstitutional practice of home equity theft has allowed individuals to be stripped of their property without fair compensation.
by Brittany Hunter
For three years, the pair scrimped and saved in order to fix up the four-unit property. On the weekends, Ramouldo would spend his days off making the 11-hour drive from New Jersey to Michigan to work on the house, making the much-needed repairs himself. In addition to the small complex, the family had purchased a small home next door. The plan was to renovate and rent out each unit and then use that money to help Ramouldo retire and move his family to the small home in Michigan, where the rest of their extended family resides.
Erica, who had seen her father work long hours and sacrifice to provide for her family over the years, was happy to help her father buy the property. She was eager to begin building her own financial legacy and saw the property as an excellent investment opportunity.
These plans were derailed, however, when their property was seized by Wayne County, Michigan, in 2017 and sold to a private buyer.
All because they unknowingly underpaid their tax bill—by $144.
Disproportionate Punishment
While the father and daughter had been paying their property taxes diligently for each year they owned the property, in 2014, they unintentionally underpaid by $144. Neither knew about this miscalculation or the situation could have quickly been remedied. And without knowledge of this outstanding debt, the small amount grew as the county tacked on interest charges to the tune of $359.
To be sure, when interest was accounted for, the Perez family did owe roughly $500 in unpaid taxes to the county. County officials used this as justification to seize, sell, and then keep the $108,000 revenue earned from the sale of said property.
The government is allowed to seize property in order to settle a debt owed by an individual. However, it isn’t allowed to take more than it is owed.
In the American legal system, there is a maxim: the punishment must fit the crime. But when considering the small amount by which the Perez family underpaid their property taxes, this seems like a disproportionate punishment to receive.
The government is allowed to seize property in order to settle a debt owed by an individual. However, it isn’t allowed to take more than it is owed. And in the instance of the Perez family property, Wayne County kept every penny it earned from the sale of their property—a practice known as home equity theft.
Fortunately, Pacific Legal Foundation (PLF) has stepped in and on July 9th, announced that it had filed suit on behalf of the Perez family against Wayne County and County Treasurer Eric Sabree.
Home Equity Theft
Many of us have accidentally underpaid a bill before. Whether we were distracted, busy, or simply not paying enough attention to the total amount due, accidents happen to everyone. Eager to get the full amount owed, most companies will send strongly worded letters or call incessantly until you cough up the remaining amount due. It’s completely understandable as to why an entity would do this: they want what is owed.
However, if they tried to take your car away over the miscalculation of a few dollars, most people would be angry—and justifiably so.
When it comes to property taxes, if an individual underpays by even just a few dollars, there are 12 different state governments that can and will seize your property and sell it, without having to pay you a dime of the earnings. This is known as home equity theft. Unfortunately, the Perez family is not the only victim of this practice in Michigan.
In 2014, Uri Refaeli lost his home after it was foreclosed on and seized by Oakland County, Michigan. In 2011, Rafaeli purchased a small $60,000 property for his business, Rafaeli, LLC. While he had paid his 2012 and 2013 property taxes in full, he discovered that he had accidentally underpaid in 2011. When he made this realization and tried to correct his mistake in 2013, he forgot to account for the interest that had accrued on his back taxes. As a result, he underpaid by a measly $8.41. The county seized and sold his property for $24,500. Rafaeli never saw a dime of this money.
When it comes to outstanding debt, just like private companies, governments are eager to get what is owed and there nothing wrong with them attempting to do so. However, when they begin to go after more than they are owed, the situation becomes troublesome.
To make matters worse for Michigan, the state also has a shady reputation for using this practice to its own benefit. According to Pacific Legal Foundation (PLF), local governments pad their budgets with the money earned from this stolen property. Each year in Detroit’s budget, there is a line with the estimated total revenue that the government is expecting to bring in from foreclosures of this very nature.
Earlier this year, it was discovered that Wayne County Treasurer Eric Sabree had violated Treasurer’s office rules by funneling foreclosed properties to family members and well-established and connected businessman for a fraction of the cost.
While state Treasurer’s office rules prohibit family members from participating in these auctions, several Freedom of Information Act requests filed on behalf of a Detroit News investigation found that transfers involving Sabree's family overlap with his time in office. Since 2011, when Sabree began as deputy treasurer, Wayne County has transferred ownership of more than 1/4 of privately owned properties in Detroit as a result of back taxes—making the whole situation in Michigan even more suspicious.
Home Equity Theft in Montana
Michigan is not the only state guilty of using the practice of home equity theft. In Montana, local governments have been known to sell private homes of those with back taxes to “preferred” private investors, a practice that helped get the practice of home equity theft banned statewide just a few months ago.
Eighty-year-old electrician Gary Guidotti once owned four homes in Great Falls, Montana, which he rented out to help support himself and pay his bills. When the Great Recession hit in 2007, some of his tenants were no longer able to afford rent and stopped paying altogether. And without their rent helping to support him, Guidotti stopped paying his property taxes.
In 2008, Cascade County, Montana issued a tax lien of $1,125.45 on one of his homes. Just 17 months after issuing the lien, the county ended up selling it to a well-connected private entity for pennies on the dollar at $667.20. The private company, Sunrise Financial, acquired the deed to the property in 2011 and in 2015, sold the property for $139,300. Guidotti, of course, received no compensation from the sale of his home.
“This can’t be fair,” Guidotti said. “It (the law) has to be changed, but what’s the sense in fighting? The lawyers will have it all anyway. It’s just the way it goes.”
Without his properties, Guidotti was forced to move into a motorhome parked behind one of the homes that he used to own.
Challenging Home Equity Theft in Court
Our country was founded on the fervent belief that individuals have the right to their life, liberty, and, as is especially applicable here, their property. Greatly influenced by philosopher John Locke and his Second Treatise on Government, our country’s Founders understood how important property rights were to securing individual liberty and protecting Americans against government overreach.
In chapter five of Locke’s famous essay, “On Property,” he writes:
Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself. The labour of his body, and the work of his hands, we may say, are properly his. Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property. It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to (emphasis added), at least where there is enough, and as good, left in common for others.
When a person works, like Ramouldo Perez did, and uses the fruits of his or her labor to purchase property, that property is theirs and theirs alone. This respect for the sanctity of property rights has been one of the most defining characteristics of the American idea.
Yet, practices like home equity theft and civil asset forfeiture, which allow law enforcement to strip individuals of their property without due process, have belittled this sacred principle and harmed many innocent people in the process. The confiscation of a person’s property, especially over a few dollars of unpaid taxes, is thoroughly unAmerican. Private property should be protected by the government, not seized and sold off before an individual has an opportunity to remedy the situation.
The unconstitutional practice of home equity theft has allowed individuals to be stripped of their property without fair compensation. But there is hope that this practice could soon be reined in or perhaps even stopped altogether.
In May, after diligent efforts made by PLF, Montana passed Senate Bill 253, giving property owners further protections against home equity theft.
The new law protects homeowners’ equity by requiring homes be sold to the highest bidder. Now the extra profits must be returned to the former owner after deducting taxes, interest, penalties, and costs,
Photos of Ole Miss Students Posing With Guns in Front of a Shot-Up Emmett Till Memorial Found. Now They Face a Possible Civil Rights Investigation.
OXFORD, Miss. — Three University of Mississippi students have been suspended from their fraternity house and face possible investigation by the Department of Justice after posing with guns in front of a bullet-riddled sign honoring slain civil rights icon Emmett Till.
One of the students posted a photo to his private Instagram account in March showing the trio in front of a roadside plaque commemorating the site where Till’s body was recovered from the Tallahatchie River. The 14-year-old black youth was tortured and murdered in August 1955. An all-white, all-male jury acquitted two white men accused of the slaying.
The photo, which was obtained by the Mississippi Center for Investigative Reporting and ProPublica, shows an Ole Miss student named Ben LeClere holding a shotgun while standing in front of the bullet-pocked sign. His Kappa Alpha fraternity brother, John Lowe, squats below the sign. A third fraternity member stands on the other side with an AR-15 semi-automatic rifle. The photo appears to have been taken at night, the scene illuminated by lights from a vehicle.
One of the students posted a photo to his private Instagram account in March showing the trio in front of a roadside plaque commemorating the site where Till’s body was recovered from the Tallahatchie River.
LeClere posted the picture on Lowe’s birthday on March 1 with the message “one of Memphis’s finest and the worst influence I’ve ever met.”
Neither LeClere nor Lowe responded to repeated attempts to contact them.
It is not clear whether the fraternity students shot the sign or are simply posing before it. The sign is part of a memorial effort by the Emmett Till Memorial Commission, a Mississippi civil rights group, and has been repeatedly vandalized, most recently in August 2018. Till’s death helped propel the modern civil rights movement in America.
Five days after LeClere posted the photo, a person who saw it filed a bias report to the university’s Office of Student Conduct. The complaint pointed out there may have been a fourth person present, who took the picture.
“The photo is on Instagram with hundreds of ‘likes,’ and no one said a thing,” said the complaint, a copy of which was reviewed by the Mississippi Center for Investigative Reporting and ProPublica. “I cannot tell Ole Miss what to do, I just thought it should be brought to your attention.”
The photo was removed from LeClere’s Instagram account after the Mississippi Center for Investigative Reporting and ProPublica began contacting fraternity members and friends. It had received 274 likes.
Kappa Alpha suspended the trio on Wednesday, after the news organizations provided a copy of the photo to fraternity officials at Ole Miss. The fraternity, which honors Confederate Gen. Robert E. Lee as its “spiritual founder” on its website, has a history of racial controversy, including an incident in which students wore blackface at a Kappa Alpha sponsored Halloween party at the University of Virginia in 2002.
Patrick Weems, executive director of the Emmett Till Memorial Commission, takes down a bullet-riddled sign honoring the slain youth, whose death helped propel the civil rights movement in America. (Courtesy of Emmett Till Interpretive Center)
“The photo is inappropriate, insensitive and unacceptable. It does not represent our chapter,” Taylor Anderson, president of Ole Miss’ Kappa Alpha Order, wrote in an email. “We have and will continue to be in communication with our national organization and the University.”
After viewing the photo, U.S. Attorney Chad Lamar of the Northern District of Mississippi in Oxford said the information has been referred to the Justice Department’s Civil Rights Division for further investigation.
“We will be working with them closely,” he said Thursday.
University officials called the photo “offensive and hurtful.”
University spokesman Rod Guajardo acknowledged that an Ole Miss official had received a copy of the Instagram picture in March. The university referred the matter to the university police department, which in turn gave it to the FBI.
Guajardo said the FBI told police it would not further investigate the incident because the photo did not pose a specific threat.
Guajardo said that while the university considered the picture “offensive,” the image did not present a violation of the university’s code of conduct. He noted the incident depicted in the photo occurred off campus and was not part of a university-affiliated event.
“We stand ready to assist the fraternity with educational opportunities for those members and the chapter,” Guajardo said.
He said the university will continue to build programs to engage students in “deliberate, honest and candid conversations while making clear that we unequivocally reject attitudes that do not respect the dignity of each individual in our community.”
Since the first sign was erected in 2008, it has been the object of repeated animosity.
Vandals threw the first sign in the river. The second sign was blasted with 317 bullets or shotgun pellets before the Emmett Till Memorial Commission officials removed it. The third sign, featured in the Instagram photo, was damaged by 10 bullet holes before officials took it down last week. A fourth sign, designed to better withstand attacks, is expected to be installed soon.
News of the suspensions and referral to the Justice Department came as Till’s cousin, Deborah Watts, co-founder of the Emmett Till Legacy Foundation, was already planning a moment of silence Thursday to honor her cousin with a gathering of supporters and friends dressed in black and white in “a silent yet powerful protest against racism, hatred and violence.” Thursday is Till’s birthday. Had he lived, he would have been 78 years old.
This is not the first time Ole Miss fraternity students have been caught up in an incident involving an icon from the civil rights movement.
In 2014, three students from the Sigma Phi Epsilon fraternity house placed a noose around the neck of a statue on campus of James Meredith, the first known black student to attend Ole Miss. They also placed a Georgia flag of the past that contains the Confederate battle emblem.
According to federal prosecutors, the freshmen students hatched the plan during a drinking fest at the house, where one student disparaged African Americans, saying this act would create a sensation: “It’s James Meredith. People will go crazy.”
One pleaded guilty and received six months in prison for using a threat of force to intimidate African American students and employees because of their race or color. Another student also pleaded guilty. He received probation and community service after he cooperated with the FBI. A third man wasn’t charged.
All three students withdrew from Ole Miss, and the Sigma Phi Epsilon fraternity’s national headquarters shuttered its chapter on the Ole Miss campus after its own investigation, blaming the closing on behavior that included “hazing, underage drinking, alcohol abuse and failure to comply with the university and fraternity’s codes of conduct.”
Republished with permission under license from ProPublica.
America recently marked the 65-year anniversary of the Supreme Court’s decision in Brown v. Board of Education – a landmark case intended to abolish the “separate-but-equal” doctrine of racial segregation in schools.
But the racial makeup of today’s schools actually owes itself to a series of other court decisions – including one issued 45 years ago on July 25, 1974. The Milliken v. Bradley decision sanctioned a form of segregation that has allowed suburbs to escape being included in court-ordered desegregation and busing plans with nearby cities.
A 1974 Supreme Court decision found that school segregation was allowable if it wasn’t being done on purpose.
The Milliken decision recognized “de facto” segregation – segregation that occurs as a result of circumstances, not law. This allowed schools in the North to maintain racially separate schools at the same time southern schools were being ordered by the courts to desegregate. By giving suburbs a pass from large mandated desegregation attempts, it built a figurative wall around white flight enclaves, essentially shielding them from the “crisis” of urban education.
Upholding segregation
Outside a few voluntary and limited programs such as METCO in Boston and Springfield, Massachusetts, or Chapter 220 in Milwaukee, Wisconsin, that enabled a small number of children from cities to attend schools in the suburbs or more affluent areas, northern school districts remained largely segregated.
The decision ruled that social segregation was permissible and therefore exempt from court-ordered, “forced” desegregation plans. That is, the court said, if segregation occurred because of certain “unknowable factors” such as economic changes and racial fears – not a law – then it’s legal.
Originating in Detroit, a major destination of the Great Migration, the mass movement of southern African Americans to northern cities, the decision dictated how desegregation would proceed outside the South, if at all.
But the nation largely understood segregation to be an issue confined to the South. Milliken brought the freedom struggle’s call for integration to the North.
A new legal front
Twenty years after the Brown decision, the NAACP, Urban League and civil rights activists documented how segregation led to underfunded and inferior schooling across the North in cities like Chicago, New York and Detroit.
Black activists in Detroit like Rev. Albert Cleage, the NAACP and black parents in segregated housing and schools began to demand education reform as the freedom struggle intensified during the 1940s. They demanded things that ranged from community control to integration in all schools as opposed to token desegregation. By 1970, the NAACP demanded a desegregated school system as promised by Brown and filed a lawsuit against the governor, William Milliken.
As the Milliken case worked its way through the courts from 1970 to 1974, the nature of public education was changing. Millions of whites abandoned the cities for suburban enclaves. Like the rest of the North, Detroit experienced dramatic population shifts that decimated public schools. From the 1950s through 1970s, Detroit lost over 30% of its white population to the suburbs, where the population climbed to over 3 million. By the 1970s students of color comprised nearly 75% of a once majority-white system. More affluent whites and the few families of color who fled left behind a depleted tax base that starved public schools, as described in Jeffrey Mirel’s “The Rise and Fall of an Urban School System.”
Desegregation dreams deferred
To address the issue of persistent segregation, the Supreme Court consented in the 1971 Swann v. Mecklenburg decision to busing students outside their neighborhood schools in North Carolina as a solution to segregation.
Following the spirit of Swann, a United States district judge for the Eastern District of Michigan named Stephen J. Roth, issued one of the most extensive desegregation orders of the era in 1972. Roth’s plan called for the two-way integration of 780,000 students across not only Detroit, but school districts in a tri-county area.
The plan was never put into action because of the 1974 Supreme Court Milliken decision.
Districts could still voluntarily bus – but busing was so unpopular and politically untenable in 1974 that few attempted it in any serious manner. A narrow 5-4 majority of justices determined that “racial imbalance” in Detroit – and by inference in other U.S. cities – was caused by “de facto” segregation.
Justice Potter Stewart wrote in his concurring opinion that segregation in Detroit was “caused by unknown and perhaps unknowable factors such as in-migration, birth rates, economic changes, or cumulative acts of private racial fears.” In other words, the justices in the majority – most of them appointed by President Richard Nixon – found that the suburbs should not be subject to busing.
In a scathing dissent, Justice Thurgood Marshall, the lead counsel for the NAACP when the Brown case was brought to the court and who was appointed to the Supreme Court in 1967, wrote: “After 20 years of small, often difficult steps (toward equal justice under law) the Court today takes a giant step backwards.” He said the Court revived “the same separate and inherently unequal education … afforded in the past.”
Milliken put forth the convenient narrative that segregation in the North was natural and therefore permissible. It also freed northern school districts from being forced to participate in large-scale solutions to segregation and unequal education outside their boundaries.
I believe continuing to ignore Milliken covers up the ongoing segregation of America’s schools today and the nation’s collective, ongoing failure to improve public education in the spirit of Brown.
Republished with permission under license from The Conversation.
