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U. S. Rep. John Lewis is Grand Marshal for Lawyers’ Committee 50th Anniversary

June 24, 2012
U. S. Rep. John Lewis is Grand Marshal for Lawyers’ Committee 50th Anniversary

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WASHINGTON-The Lawyers’ Committee for Civil Rights Under Law, a coalition of lawyers who fight for racial justice, has announced that civil rights icon Congressman John Lewis (D-Ga.) will serve as grand marshal of the organization’s 50th Anniversary Campaign and National Advisory Commission, it was announced in a news release this week.

“We are delighted and honored to have John Lewis as Grand Marshal for our 50th anniversary,” said Lawyers’ Committee Executive Director Barbara Arnwine, in the statement. “His historic leadership in the civil rights movement and lifelong commitment to human rights, equality, and civil liberties continues to be instrumental in the pursuit of racial justice and equality.  With amazing dedication, he has remained at the vanguard of progressive social movements and the human rights struggle in the United States.”

Since 1986, Lewis has served as U.S. Representative of Georgia’s Fifth Congressional District and recently published a new book entitled Across That Bridge: Life Lessons and a Vision for Change (2012).   He has championed legislation and initiatives central to voting rights, equal employment and workers’ rights, education, housing and foreclosure, LGBT rights, and more.

“I am tremendously grateful for the opportunity to serve as Grand Marshal of the Lawyers’ Committee for Civil Rights Under Law’s 50th anniversary,” said Representative Lewis.  “This historic organization has been ‘Moving America Toward Justice’ by consistently and persistently confronting injustice and inequality that still plagues this nation. The Lawyers’ Committee is creatively addressing the problems of our time. They do not hesitate to ‘get in the way’ to demand that this democracy respects the dignity and the worth of every human being, especially those who are locked out and left behind.”

Over the past 50 years, America has made substantial strides in achieving racial justice and equal opportunity. Yet significant barriers remain which must continue to be addressed. The Lawyers’ Committee plans to honor that progress and celebrate the dynamic history of the Committee in working to help realize a society unhampered by discrimination. Simultaneously, the Committee endeavors to look toward the future by engaging and increasing civil rights activism in new generations, particularly within the legal community, in the ongoing struggle for all racial, social, and economic justice.

The Lawyers’ Committee’s 50th Anniversary Campaign officially kicked off June 21, exactly one year leading up to the organization’s 50th anniversary founding date of June 21, 2013.  Commemorative 50th anniversary events will be held now throughout 2013, such as the annual A. Leon Higginbotham Corporate Leadership Award Gala, which recognizes corporations for advancement of diversity and equality in the workplace. Congressman Lewis will work closely with the Committee in the development and execution of the gala, a major legal symposium and other events.

“Nearly 50 years ago President John F. Kennedy met with 244 leading American lawyers in the East Room of the White House to consider what role lawyers could and should play in the civil rights crisis,” added Arnwine.  “People all across the nation were shaken by the media coverage of the protracted confrontation in Birmingham, Alabama, where peaceful protesters, led by Rev. Dr. Martin Luther King Jr., were repeatedly attacked by police using batons, hoses and even dogs.  Shocking too was the spectacle of Governor George Wallace defiantly resisting a federal court order to admit black students to the University of Alabama, and the decision by the president and the attorney general to deploy the U.S. Army to enforce the order and the law.  And certainly the tragic assassination of Medgar Evers on June 12, 1963, just hours following President Kennedy's nationally televised civil rights speech, distraught many.”

Due to the silence of the private bar, Bernard Segal, chairman of the firm now known as Schnader, Harrison, Segal & Lewis and  co-founding chair of the Lawyers' Committee, placed an ad in the Birmingham paper signed by other lawyers, decrying the defiance of the law by elected officials and calling instead for strong adherence to the rule of law.  This ad grabbed the attention of the attorney general and led him to persuade President Kennedy to issue a "Call to the Bar" for the now famous meeting on June 21, 1963.

During the meeting, President John F. Kennedy, Vice President Lyndon B. Johnson and Attorney General Robert F. Kennedy pointed to recent events in Birmingham and elsewhere as symptoms of a deepening crisis.  They recognized that because our constitutional system and the rule of law depends on peaceful obedience to court orders, official resistance requiring enforcement by armed force could lead to anarchy.  It was clear, they emphasized, that justifiable demands by blacks for equal access to public facilities, job opportunities, voting rights and other fundamental citizenship rights could no longer be denied.  Citing the unique role of lawyers within our constitutional system and the rule of law, the president, vice president and attorney general appealed to the assembled attorneys to mobilize the legal profession to support Black Americans in their struggle for justice.

As a result of the meeting, the Lawyers' Committee for Civil Rights Under Law was formed with the specific task of marshaling the resources of the private bar in the fight for racial equality.  Its members included former attorneys general, former presidents of the American Bar Association and local bar leaders from around the country.  No longer would the legal profession hold itself apart from the civil rights struggle. 

Immediately, the Committee began to issue public statements calling for peaceful compliance with court orders and voluntary desegregation of public facilities.  In addition, the Committee sent volunteer lawyers to Mississippi to represent ministers who had engaged in nonviolent civil rights demonstrations and had been charged with crimes.  In June of 1965 the Committee opened an office in Jackson, Mississippi which in its two decades of fearless advocacy contributed to the desegregation and transformation of that state including the election of its first African American congressman.

Now, almost a half century since the founding of the Lawyers’ Committee, after thousands of cases and public policy advocacy advancing racial equality for millions of clients, the organization continues to work with a significant network of legal volunteers to fight for racial equality and justice in the areas of employment discrimination, fair housing and lending, educational opportunities, voting rights, environmental justice and community development.  The modern context of this fight is more nuanced, more multicultural in perspective, but is still powerfully urgent as racial exclusion results in the denial for way too many to participate equally in the fulfillment of the American dream.

With great pride and gratitude the organization looks back across the history of the Lawyers' Committee and recognizes the impact of so many who have answered the call.  And it is with a sense of undiminished resolve and purpose that the Lawyers’ Committee will continue to engage legal professionals, along with society- at-large, in the struggle for racial justice and equal opportunity for all.

The Lawyers’ Committee for Civil Rights Under Law (LCCRUL), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of fair housing and fair lending, community development, employment discrimination, voting, education and environmental justice. For more information about the LCCRUL, visit www.lawyerscommittee.org.

HBCU “Equality Lawsuit” Far From Over by Alexis Taylor

HBCU 'Equality Lawsuit' Far From Over
By Alexis Taylor

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(TriceEdneyWire.com) - Both sides locked in a battle over proper funding for Maryland’s historical Black institutions (HBI) have retreated to their corners to regroup and prepare for the next phase of the case.

Lawyers for the Coalition for Equity and Excellence in Maryland Higher Education Inc., the plaintiff, and the Maryland Higher Education Commission (MHEC), the defendant, submitted conclusions of law on June 6.

"The state is reviewing documents from the plaintiff's side and the plaintiffs are reviewing documents from the defendant's side," said Dr. Earl S. Richardson, president of Morgan State University from 1984 to 2010.

"It appears that the case is continuing on schedule and we hope that the lawyers on the plaintiff's side are persuasive enough in their arguments to convince the judge of the merit of this case."

The legal representation for both the Coalition and MHEC will have until July 13 to respond to each other’s submissions. Final oral arguments will be heard Oct. 19 of this year.

“The submissions are the first thing we've done since the case ended in February,”

said Kenneth Thompson of Venable LLP, lawyers representing the Maryland Higher Education Commission. “We have to file what we call replies, or rebuttals, this summer and we have closing arguments scheduled for Oct. 19.”

The State’s defense opens summary of conclusion by stating “nothing in the Constitution or in federal law requires that the State provide HBIs with the enhanced funding plaintiffs seek.”

“Plaintiffs’ filing included testimony from the four HBCU presidents about the conditions at the HBCUs, including inadequate libraries, science labs, IT infrastructure, faculty salaries, financial aid and overall resources,” said Michael D. Jones, legal representative for the Coalition.

“The plaintiffs’ filing also focused on Maryland’s 2000 Agreement with the Office of Civil Rights where Maryland agreed to enhance the HBCUs to the point that they could compete with the Traditionally White Institutions.”

The State’s defense opens its summary of conclusion by stating “nothing in the Constitution or in federal law requires that the State provide HBIs with the enhanced funding plaintiffs seek.”

The document numbers 103 pages and gives numerous examples of students who graduated from alleged substandard conditions at historical black colleges and universities (HBCU) and later excelled.

The State’s submission also says that forced compensation for past unsavory classroom conditions heard in alumni testimony would be unjust because no “discrete personal injury” occurred.

“If merely showing past inequities were enough to trigger present-day remedies, there would have been no need for a trial in this case,” said the defense in its submission. “The question this court must answer in its threshold inquiry is whether current policies or practices are traceable to the de jure era.”

The document also argues the alumni testimonies heard throughout the trial about give no reason to award a judgment to schools today because students now learn in different settings unknown to alumni.

A decision in the landmark trial is expected from Judge Catherine C. Blake of the U.S. District Court after both sides give their rebuttal by July 13 and deliver oral arguments in October.

The case was originally filed in October of 2006, but took years to reach the trial phase that began on Jan. 3.

Alumni and current students from Bowie State University (BSU), Coppin State University (CSU), Morgan State University (MSU) and University of Maryland Eastern Shore (UMES), the four HBCUs that filed the case, packed the court house for days to show support.

The institutions allege that by providing better funding and facilities to white schools and allowing the duplication of HBCUs specialty programs, the state of Maryland continued to perpetuate a system of de facto segregation, or segregation enforced by human behavior instead of law.

The HBCUs are asking the state for $2.1 billion in damages to help pay for upgrades and repairs to campuses.

Rodney King, Dead at 47: 'A Symbol of Civil Rights'

Rodney King, Dead at 47: 'A Symbol of Civil Rights'

By Hazel Trice Edney

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(TriceEdneyWire.com) – The death of 47-year-old Rodney King, the man whose name has become synonymous with police brutality and excessive force, has shocked the nation.

Twenty years after the vicious beating of King by Los Angeles police officers, his sudden death by apparent drowning on Sunday shines a new spotlight on injustices that continue against African-Americans and recalls his resounding question, “Can we all get along?”

“Rodney King had become such a fixture in our lives, both the tragedy and the triumphs of his life,” said the Rev. Jesse Jackson Sr. in a telephone interview shortly after the announcement of King’s death.

Jackson drew a parallel between the March 2, 1991 beating of King and the February 26, 2012 shooting death of unarmed teenager Trayvon Martin. He reminded that what triggered national outrage in both cases was the fact that in both instances the killers were initially allowed to walk free – let off the hook by the criminal justice system.

“Rodney King would not have been believed without the film. And even with the field, those who beat him walked free. And that’s what created the corruption. And that’s what created the connection between Rodney King and Trayvon Martin because all these years later, Trayvon Martin was killed, but the killer walked away free. So, the blatant racial injustice continues.”

Rialto Police reported that King’s fiancée, Cynthia Kelly, called 911 after hearing a splash in the pool around 5:25 a.m. and finding King at the bottom of his swimming pool. She said they had been talking throughout the morning. Police said they tried to revive him after removing him from the pool, but were unsuccessful. He was pronounced dead around 6:11 a.m. according to reports. The Rialto Police Department had begun an investigation and said there would be an autopsy, but said there was no initial evidence of foul play and no trauma to King’s body.

This was one of the houses that King bought with his share of a $3.8 million settlement from a federal civil rights lawsuit filed against the four officers who beat him viciously with batons after a high speed chase that ensued when police observed him speeding and intoxicated. He bought a second house for his mother.

In the state criminal case, a jury acquitted three of the officers and was hung on the forth. The acquittals on April 29, 1992, sparked violent rioting resulting in the deaths of 55 people, the injuries of 2,000 and more than a billion dollars in damages to homes and businesses, mostly by fire. It was King’s televised plea, “Can we all get along?” that was largely credited for ending the riots.

In the civil case, brought by the U. S. Department of Justice, two of the officers were convicted of violating King’s civil rights. Officers Laurence Powell and Stacey Koon were found guilty, and sentenced to 32 months in prison. Officers Timothy Wind and Theodore Briseño were acquitted of all charges. Cynthia Kelly, the lone Black juror in the civil case, befriended King after the trial and had become his fiancé after 16 years.

Just over a month since the 20th anniversary of the beating, Civil rights leaders, this week, find themselves revisiting the significance of the case and the legacy of King.

“His life was a reminder of how voiceless, powerless and often nameless people can rise above their weakest moments,” said Harvard Law School Professor Charles Ogletree, director of the Charles Hamilton Houston Center for Race and Justice. “When King was beaten by Los Angeles police, it was a wakeup call to many. He made us focus on the role of police in powerless communities and push for reforms. He made us think about the ills of racial profiling and to seek an end to racial profiling. Rodney King will be sorely missed but his plea for peace will forever be remembered.”

Rev. Al Sharpton says King had become “a symbol of civil rights.”

Sharpton stated in a release, “He represented the anti-police brutality and anti-racial profiling movement of our time. It was his beating that made America focus on the presence of profiling and police misconduct. I recently spent time with him on the release of his new book just a couple of months ago and he did my radio and TV show. Through all that he had gone through with his beating and his personal demons he was never one to not call for reconciliation and for people to overcome and forgive. History will record that it was Rodney King's beating and his actions that made America deal with the excessive misconduct of law enforcement."

Rev. Jackson says he believes King’s death will heighten attention to all areas of racial profiling in America – including that exposed in the case of Trayvon Martin, the unarmed teenager who was shot dead by a neighborhood watch captain February 26. The shooter, George Zimmerman, walked free with no police charges until protests erupted across the nation. After an investigation by a special prosecutor, he was arrested April 11 and charged with second degree murder.

“It can only compound the Trayvon Martin season. We have to deal with the growth of racial profiling and violence upon Black people,” Jackson said. “Racial profiling by banks, home foreclosures, racial profiling in the judicial system – more time for the crime, the racial profiling and attacks on the President. There’s a strong undercurrent of racism that simply cannot be denied…So, the lesson to be learned and not ignored is that Blacks remain the weak link in the justice chain.”

National Urban League President/CEO Marc Morial agrees: "The beating captured on videotape and the subsequent acquittal of the four Los Angeles police officers exemplified criminal justice system inequities that continue to plague this nation. His words following the Los Angeles riots captured the sentiments of a nation and continue call to question: ‘Why Can't we all just get along.’”


Fla., Justice Dept. Set for Legal Battle Over Voter Purge by Zenitha Prince

Fla., Justice Dept. Set for Legal Battle Over Voter Purge
By Zenitha Prince
Special to the Trice Edney News Wire from the Afro-American Newspaper

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(TriceEdneyWire.com) Florida’s wrangling with the Department of Justice over its systematic purge of suspected non-citizens from the voter rolls is heading to court.

The Justice Department filed a lawsuit June 12 against the state and its chief elections official in the U.S. District Court for the Northern District of Florida, seeking a court order to halt the state’s plan to remove more than 182,000 suspected noncitizens from the books.

The complaint alleges the state’s removal of names from the voter registration roll violates the National Voter Registration Act (NVRA). That law requires all voter roll maintenance to be completed within 90 days of an election. Florida has blown the deadline, since it has a primary election scheduled for Aug. 14.

Additionally, the Justice Department claims, Florida’s use of “inaccurate and unreliable voter verification procedures violates the requirement [of the act] that any such program be uniform and nondiscriminatory.”

Florida’s Department of State, which is responsible for elections, cobbled the list together by matching voter registration files with driver’s license data.

“Congress enacted the NVRA against a historical backdrop in this country in which purge programs initiated close to elections prevented and deterred eligible citizens from casting ballots,” said Assistant Attorney General Thomas Perez.

“The 90-day quiet period in the NVRA protects eligible voters from being dropped from the rolls right before an election. It appears that Florida has undertaken a new program for voter removal within this 90-day period that has critical imperfections, which lead to errors that harm and confuse eligible voters.”

Concerns about the purge—which was initiated by Gov. Rick Scott, a Republican—arose when a Miami Herald analysis revealed that minorities were being unfairly targeted.

Additionally, according to new reports, the initial list of 2,600 potentially ineligible voters contained the names of several U.S.-born and naturalized Americans.

Those mistakes occurred, state officials said, because the Department of Homeland Security (DHS) denied them access to its database, which has more current immigration and citizenship information.

Florida Secretary of State Ken Detzner filed suit against DHS June 11, saying the department had failed to meet its statutory obligation to provide access to the Systematic Alien Verification for Entitlements Program database to help ensure fair elections in the state.

"For nearly a year, the U.S. Department of Homeland Security has failed to meet its legal obligation to provide us the information necessary to identify and remove ineligible voters from Florida’s voter rolls,” said Secretary Detzner. “We can’t let the federal government delay our efforts to uphold the integrity of Florida elections any longer. We’ve filed a lawsuit to ensure the law is carried out and we are able to meet our obligation to keep the voter rolls accurate and current."

Secretary of Agriculture Makes Fairness Pledge to Black Newspaper by Joey Matthews

Secretary of Agriculture Makes Fairness Pledge to Black Newspaper

By Joey Matthews

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Secretary of Agriculture Tom Vilsack

Special to the Trice Edney News Wire from the Richmond Free Press

(TriceEdneyWire.com) - U.S. Department of Agriculture Secretary Tom Vilsack made the promise two years ago during a Black Press Week meeting of the National Newspaper Publishers Association.

It’s still unfulfilled, but Vilsack promised that he would look into the advertising situation related to the department’s commitment to fairness in procurement and the long-neglected Black community.

The promise: Vilsack pledged at the 2010 Washington gathering of Black-owned newspapers that he would advertise USDA events with their publications to reach out to the Black community and inform people of color of USDA programs.

The USDA has historically discriminated against Black farmers and other people of color. That has led to the government settlement of lawsuits brought by the Black Farmers Association, led by John Boyd Jr., a South Hill farmer. The settlements will provide more than $2 billion in redress to tens of thousands of black farmers.

Raymond H. Boone, Free Press editor/publisher, called Vilsack’s attention to his broken pledge at a recent press conference at the Virginia Farm Bureau headquarters in the West Creek Business Park in Goochland County. He did so during a question-and-answer period following the secretary’s announcement of a new nationwide small loan program for beginning farmers and ranchers.

Boone said he represented NNPA, a federation of more than 200 Black-owned newspapers nationwide. Boyd supports the NNPA’s advertising proposal.

Boone told Vilsack, “We got no direct responses” following the secretary’s promise, but instead “got press releases.”

Vilsack said he remembered the conversation at the NNPA event. When pressed to explain his inaction in fulfilling his pledge, the secretary said, “I honestly can’t answer that. I should be able to, but I can’t. I’ll be happy to personally makea call today and find out what the status of that is.”

He added he would have to “go back and ask our marketing folks about the ad situation.”

He also defended the USDA’s performance in improving upon its past discrimination practices against Black farmers. “There has been significant change at the USDA. Of that, I am certain.”

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