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Justice Department Findings of Baltimore Police Treatment of Blacks Called 'Damning' By Hazel Trice Edney

Aug. 15, 2016

Justice Department Findings of Baltimore Police Treatment of Blacks Called 'Damning'
By Hazel Trice Edney

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Attorney General Loretta Lynch

(TriceEdneyWire.com) - The U. S. Department of Justice (DOJ) has announced that its investigation following unrest in the Freddie Gray death case has revealed extreme racial discrimination by the Baltimore City Police Department (BPD).

“The Justice Department announced today that it found reasonable cause to believe that the Baltimore City Police Department (BPD) engages in a pattern or practice of conduct that violates the First and Fourth Amendments of the Constitution as well as federal anti-discrimination laws,” said a DOJ statement Aug. 10.  “BPD makes stops, searches and arrests without the required justification; uses enforcement strategies that unlawfully subject African Americans to disproportionate rates of stops, searches and arrests; uses excessive force; and retaliates against individuals for their constitutionally-protected expression.  The pattern or practice results from systemic deficiencies that have persisted within BPD for many years and has exacerbated community distrust of the police, particularly in the African-American community.”

The findings were so severe that the Southern Poverty Law Center (SPLC), a Montgomery, Alabama-based anti-discrimination group and expert on racial hatred in America described the results as “damning”.

The Justice Department has delivered “a damning indictment of the conduct of police in Baltimore – describing in great detail the nonstop, systematic harassment targeting the city’s Black population. The investigation exposed a staggering degree of racially biased, unconstitutional behavior by police,” wrote SPLC President Richard Cohen. “African Americans are stopped, interrogated and frisked on the street for no reason. They’re frequently arrested without probable cause for misdemeanors like ‘loitering’ or ‘trespassing’ or ‘failure to obey.’ And they’re routinely subjected to police violence, even when posing no threat to anyone and not suspected of any serious crime.”

Among the most egregious violations pointed out by the SPLC:

  • In a 4½-year period, Baltimore police recorded more than 300,000 pedestrian stops, but only a tiny percentage led to charges. One African-American man was stopped by police 30 times – and not charged with anything.
  • African-Americans were arrested on drug charges at five times the rate of White people – even though searches of White people were far more likely to find drugs.
  • The blistering DOJ report leaves little doubt that these practices are rooted in racial bias. But while there are surely some who are overtly racist, it wouldn’t be fair to lay all the blame on individual police officers. Beginning in the early 1990s, city and police leaders encouraged ‘zero tolerance’ policies that emphasized the very practices still in place today.

The Baltimore-based NAACP also scrutinized the report saying it is also “damning” for American policing overall.

“We all know that over-aggressive policing that targets African-Americans is not just Baltimore’s problem. The DOJ issued similar findings about Ferguson, Missouri, after the killing of Michael Brown, which happened two years ago yesterday. It is, in fact, a deeply engrained problem across America – and part of a larger criminal justice system that has resulted in our country having the world’s highest per-capita incarceration rate,” said NAACP President Cornell William Brook, in a release. “The tactics instituted in Baltimore more than two decades ago were the wrong answer to rising crime rates in impoverished urban areas that for decades have borne the brunt of systemic racism. The DOJ carefully highlights the structural forces at work in the city: poverty, segregation, poor health care access and economic isolation.”

The DOJ report comes weeks after the realization that all six officers charged in the death of Freddie Gray in Baltimore had been exonerated. The first three were exonerated by the judge. Baltimore Prosecutor Marilyn Mosby dropped the charges against the final three.

Still, Attorney General Loretta Lynch said in a release that the conduct of the BPD had for years seriously corroded and undermined the public trust.

“Our investigation found that Baltimore is a city where the bonds of trust have been broken, and that the Baltimore Police Department engaged in a pattern or practice of unlawful and unconstitutional conduct, ranging from the use of excessive force to unjustified stops, seizures and arrests.  The results of our investigation raise serious concerns, and in the days ahead, the Department of Justice will continue working tirelessly to ensure that all Baltimoreans enjoy the safety, security and dignity they expect and deserve,” Lynch said.

Among the rogue practices listed in the DOJ report:

  • Conducting stops, searches and arrests without meeting the requirements of the Fourth Amendment;
  • Focusing enforcement strategies on African Americans, leading to severe and unjustified racial disparities in violation of Title VI of the Civil Rights Act and the Safe Streets Act;
  • Using unreasonable force in violation of the Fourth Amendment;
  • Interacting with individuals with mental health disabilities in a manner that violates the Americans with Disabilities Act; and
  • Interfering with the right to free expression in violation of the First Amendment.

The DOJ has issued specific principles and policies to which the department must agree in order to correct the past violations and prevent the going forward. They are:

  • Policies, training, data collection and analysis to allow for the assessment of officer activity and to ensure that officers’ actions conform to legal and constitutional requirements;
  • Technology and infrastructure to ensure capability to effectively monitor officer activity;
  • Officer support to ensure that officers are equipped to perform their jobs effectively and constitutionally; and
  • Community policing strategies to guide all aspects of BPD’s operations and help rebuild the relationship between BPD and the various communities it serves.

The agreement provides a framework for change, but the DOJ is also seeking community outreach “to solicit input in developing comprehensive reforms.”

Less Than a Century By Julianne Malveaux

Aug. 14, 2016

Less Than a Century
By Julianne Malveaux

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(TriceEdneyWire.com) - With a woman heading the ticket of the Democratic Party, it may be challenging for us to remember - that women have had the right to vote for less than a century (and Black folks less that). But the 19th Amendment that gave women the right to vote was certified on August 26, 1920, just 96 years ago.  At Congresswoman Bella Abzug’s (D-NY) insistence Congress designated August 26 as Women’s Equality Day in 1971.    The first part of the joint resolution of Congress reads, “Whereas the women of the United States have been treated as second class citizens and have not been entitled to the full rights and privileges, public or private, legal or intentional, which are available to male citizens”.  Reading the words reminds me how far women have come, how far we still have to go, and how little the status of women of color is included when we speak of the status of women.

How far have we come?  Few would have predicted that an African American would win an election and effectively lead the united states for eight years, few would have predicted that a women would have more than a fighting chance of winning the United States presidency.  And yet the very campaign that signals progress is also one that illustrates how much more work needs to be done before women’s equality is attained.  Too much of the rhetoric around Secretary Clinton’s candidacy is downright sexist.  She should be judged by her positions and there should be absolutely no talk about her looks, hairstyle, attire, or tone of voice.  No man could stand the kind of scrutiny that she has had to endure.  No man has ever been subject to such scrutiny.

The continuing saga of sexual harassment at Fox News is another example of the distance we must travel to reach women’s equality.  The company’s former CEO, Roger Ailes, is accused of multiple counts of sexual harassment, and this is a clear case of where there’s smoke, there’s fire.  One wonders how many other companies have similarly hostile work environments and how often women, simply attempting to earn a living, are placed in the position of having to manage unflattering comments, downright harassment, coerced sex, and even rape.   There are documented cases of women being raped in the military then being dishonorably discharged because they can’t work with their rapists.  And let’s not get started on some of what happens on some campuses.  That a Palo Alto judge sentenced a Stanford student to a scant 6 months in a rape witnessed by another student is amazing.  That his father actually decried the sentence as too high a price to pay for a few minutes of “action” speaks to how much work we have to do to reach women’s equality.

And ain’t I a woman.  What about black women’s equality?  It chagrins me that Congresswoman Shirley Chisholm’s (D-NY) historic run for President has been all but ignored in much of the media frenzy about candidate Hillary Clinton.  However, it does not surprise me given the many ways African American women’s contributions are sidelined, marginalized or simply ignored.  African American women earn less their white counterparts do, but head more households and have more economic responsibility.  African American women are far less likely than their white counterparts to be found in the “C” suite in corporate leadership, and far more likely to be further down the ladder in every aspect of life in our nation.  While people say they saw the glass ceiling shatter with Hilary Clinton’s nomination, others saw the millions standing at the sticky floor with few opportunities to climb up to that glass ceiling.  Those standing on the sticky floor are disproportionately women of color, especially those who earn low wages and have fewer opportunities than others. Maybe Hillary Clinton will bridge the gap when she pursues a progressive economic agenda that includes fair and equal pay, affordable childcare, and other benefits for workingwomen.

There has been significant progress for women since the 19th amendment was passed, significant progress since Congress designated August 26 as Women’s Equality Day.  Yet women still don’t have even a third (not to mention half) of the seats in the House of Representatives or the Senate, nor in any state legislature in the nation.  Women aren’t even 10 percent of our nation’s corporate leaders.  Women still face hostile work environments.  While commemorating the progress that has been made in nearly a century, we must also ask whether it will take another century to reach women’s equality.

Julianne Malveaux is an author and economist. Her latest book “Are We Better Off? Race, Obama and Public Policy” is available via amazon.com. For more information visit juliannemalveaux.com

It's Worth Repeating By Dr. E. Faye Williams, Esq.

August 14, 2016 

It's Worth Repeating
By Dr. E. Faye Williams, Esq.

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(TriceEdneyWire.com) - Protestations regarding the value of Black Lives have become increasingly common in the public dialogue.  The simple phrase, "Black Lives Matter," has generated praise from that segment of society that has suffered countless race-based indignities and condemned by those who, in my opinion, are too blind or obstinate to see the realities of the Black experience in the U.S.  Both in my African-American life experiences and in my observations as an officer of the court, I have seen Black citizens disproportionately victimized by either law enforcement officers or a myopic judicial system. To the recent spate of homicide-by-police, I can only say, "I repeat, Black Lives Matter!"

For those who reject the obvious, let us perform a simple historical review.

On Tuesday, August 10, 2016, the Justice Department presented the results of a probe of the Baltimore Police Department initiated by the death of Freddie Gray.  The report concluded that the BPD regularly and routinely violated the constitutional rights of African American residents.  “... the Department of Justice concludes that there is reasonable cause to believe that BPD engages in a pattern or practice of conduct that violates the Constitution or federal law.”

The report said the police use “enforcement strategies that produce severe and unjustified disparities in the rates of stops, searches and arrests of African Americans,” and retaliates against forms of constitutionally protected expression.  “BPD’s failings result from deficient policies, training, oversight and accountability, and policing strategies that do not engage effectively with the community the department services.”

The BPD is not the only institution overwhelmed by a pattern of behavior that reflects a wanton disregard for Black Life.  In the past two years, members of the Chicago Police Department have been involved in a homicide-by-cop suggesting a collaborated cover-up between police and local prosecutor and another, three weeks ago, where three cops were relieved from duty for violation of departmental policy that resulted in a 20 year-old Black man being shot in the back while running from the scene of a property crime.

Lethal disregard for Black Lives is as much, or more, an individual problem as institutional.  This is illustrated in the recent murder of Kouren-Rodney Bernard Thomas in Raleigh, NC, by another self-styled Neighborhood Watchman, Chad Copley.

Thomas was a guest at a party near Copley's home.  There were two 911 calls from Copley's home.  The first call was to report "a bunch of hoodlums out here racing."  "I am locked and loaded!  I'm going outside to secure my neighborhood. You need to send PD as quickly as possible."

The dispatcher asks, "I'm sorry. You're going out to do what to the neighborhood, sir?"

"I'm going to secure my neighborhood.  I'm on the neighborhood watch...If I were you, I'd send PD as quickly as possible."

In a second 911 call, Copley stated, "There are frigging black males outside my frigging house with firearms.  Please send PD."

Claiming to have only fired a "warning" shot, Copley shot Thomas through the window of his home.  Thomas died at the hospital later.  Copley has been charged in his death.

On July 11, 2016, the Washington Post published an article showing that African American males were killed by police at a rate five times greater than whites.  A comment to that article sums up the problem for me.  "I'm glad you're able to count but what you conveniently left out was that african american males commit much more violent crimes which is another reason the rate is higher."

Stereotypes like this among whites and others lead to the callous disregard for Black Lives that have us in our present dilemma.  Until we can generate more reasonable thinking, "Black Lives Matter!" is worth repeating until the message is heard and understood.

(Dr. E. Faye Williams, National President/CEO of the National Congress of Black Women, Inc.  www.nationalcongressbw.org.  202/678-6788.)

Trump’s Snub of this Summer’s Black Organization Conferences—Why? By Zenitha Prince

August 14, 2016
Trump’s Snub of this Summer’s Black Organization Conferences—Why?
By Zenitha Prince 
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Special to the Trice Edney News Wire from the Afro American Newspaper

(TriceEdneyWire.com) - Donald Trump’s decision not to address conventions of several minority organizations was hardly surprising, political analysts and strategists agree. The potential impact of the Republican candidate’s snubs was a matter of contention among the experts, however.

The already stark differences between the campaigns of the GOP’s presidential nominee and that of Democratic nominee Hillary Clinton were made even more glaring when Trump failed to address the NAACP’s convention in July and more recently the National Urban League’s held Aug. 3-6 in Baltimore, and the joint convention of the National Association of Black Journalists and the National Association of Hispanic Journalists held in Washington, D.C., Aug. 3-7.

“Given Donald Trump’s rhetoric and issues relating to race and ethnicity it is not surprising he as an individual candidate would decide not to show up,” said Andra Gillespie, a political analyst at Emory University. “Considering Trump is running a really divisive campaign and considering the ways Trump has marginalized journalists that have been critical of him, the campaign might have considered the optics of having Trump engage in debate back and forth with people there.

“The Trump campaign realistically knows he will not get a lot of African-American voters,” she added, “so they may have decided it is not worth wasting time and money to go before an African-American audience.”

The move flies in the face of recent trends set by GOP presidential candidates. In 2008 and 2012, Sen. John McCain and Mitt Romney, the GOP’s nominees in those years, respectively, addressed the NAACP’s annual convention, facing what may have been perceived as a hostile audience to reach out to minority voters.

“I’m glad Donald Trump didn’t go to any of these group’s conventions,” said Raynard Jackson, a Black Republican political strategist who called the conventions the “season of buffoonery.

“I have been advising Republican leadership and candidates not to show up at these events,” Jackson continued. “These groups are all aligned with the Democratic Party. Why should a Republican leader go to any of these conventions when they don’t even have a Black Republican on their panels or even as a keynote speaker? What I recommended to the Party is that, as opposed to going to these conventions, candidates can go to our own events organized by Black Republicans. We can create our own optics.”

Christian conservative Carol M. Swain, a professor of politics and law at Vanderbilt University, agreed. “He obviously made a political calculation that it [his absence at these conventions] would not have an impact on his campaign,” Swain told the AFRO. “A lot of politicians would pander to Blacks by going to these events. But it may be that he sees these groups as not representing the Black rank-and-file. These groups are focused on issues such as LGBT rights and climate change while the Black rank-and-file are more concerned with survival.”

Gillespie, however, disagreed, saying Trump’s absences may be interpreted as cultural insensitivity and disdain among voting blocs that he has already alienated. For example, a July poll conducted by Quinnipiac University found only 1 percent of African-American voters are supporting the Republican candidate—a new low. Romney, in contrast, received 5 percent of the Black vote in 2012.

“Someone who was really making a serious attempt to reach out to Black and Hispanic communities would not decline invitations to conventions hosted by Black and Hispanic organizations,” the political analyst said. “A voter sitting in her living room may interpret this as ‘African-American issues are not important to this candidate’ and may vote accordingly.”

NAACP President and CEO Cornell William Brooks said practically the same thing in July. He said the organization’s conference would have been an ideal opportunity for Trump to address issues such as the poor relations between law enforcement and the Black community.

“You can’t run for president and not talk about police misconduct and police brutality. You can’t run for president and not talk about this country’s civil rights agenda, so this is an important moment and our convention really will be an opportunity for anyone running for president to provide a window into not only their policies, but into their heart and character as a candidate,” Brooks told CNN at the time.

Perhaps more importantly, Trump’s absences have even broader ramifications beyond his bid for the presidency, Gillespie added.

“The problem with this are the implications for the Republican Party going forward,” she said. “They were making concerted efforts to reach out to minority voters and Donald Trump has just completely undermined all of those efforts; he set that project back years with his campaign.”

Swain said that Trump’s supporters said they still believe he can make inroads with minority voters, however: “I expect him to make some outreach to Black voters but it probably would not be in a forum such as the NAACP or Urban League convention."

Whose Movement is it Anyway? Answers from the First Lady of the United States By James A. Gilmore

August 8, 2016

Whose Movement is it Anyway? Answers from the First Lady of the United States
By James A. Gilmore

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First Lady Michelle Obama recently reminded us all to whom the movement truly belongs. PHOTO: Paulette Singleton/Trice Edney News Wire

(TriceEdneyWire.com) - Activism creates economic, political or social change. It comes in all forms, from litigating and lobbying to strikes and sit-ins. Fifty years ago, during the American Civil Rights Movement, a few good men led the fight for many who were suffering from economic and political oppression. Today, in what is being considered the new civil rights movement, the leadership is diverse, the strategies are familiar but the beneficiaries of the movement remain the same.

It’s been said many times, this ain’t your grandfather’s civil rights movement, a message to both critics and supporters that the 1960s male-dominated, centralized leadership style of activism is long gone.

This time, women are getting the credit they deserve not only for leading but also for starting movements that have mobilized thousands and continue to keep issues like police brutality and sexual assault by officers in the national spotlight.  Over the years, there has been a dynamic shift in leadership and it’s allowed activists to be more inclusive in the fight for freedom and equality.

The strategies we saw 50 years ago undoubtedly inspired the types of activism we see today. Then, a very effective form of protest known as sit-ins helped to desegregate restaurants and public facilities. Now, die-ins are used in major cities across the country to occupy public spaces in a way that challenges authority and forces others to stop and pay attention to the issues impacting people in their communities. Then, activism in the form of litigation and lobbying helped change discriminatory laws and today, these same methods help maintain civil rights for members of protected classes. The strategies are familiar but the movement itself belonged neither to the leaders of the 60s nor the leaders of today.

So whose movement is it anyway? At the end of July, Michelle Obama, the first lady of the United States, in an impassioned speech, reminded us all to whom the movement truly belongs. Mrs. Obama spoke about being role models in every word we utter and action we take. She talked about the power we hold to shape our children’s lives for the future. She also stressed the importance of teaching our children the vision of America that every person is created equal and each holds a beloved part of the American story. She knew very well that the fight for fairness and equality in America does not belong to us but instead, our children. Just as our mothers and fathers fought so that we may enjoy more freedoms today, we must fight so that our children receive greater access and more opportunities to become a significant part of that American story.

As we move into a new school year and, in just a few months from now, a new administration, it is important that we continue to consider, in our activism, the generations to come. The infant girl who has yet to feel the stings of soring sexism in America’s workforce and the newborn boy whose fate steadily lies in the hands of law enforcement must be protected now. Harsh disciplinary policies that too often transfer black and brown children from the education system to the criminal justice system must be reformed now. Stronger efforts to provide members of the LGBT community with safety against bigoted violence must be taken now.

Most of all, with our activism, we must inspire people to seek a deeper understanding of those around us. No longer can the movement be sustained when we are blinded by our differences which prevent us from progress and inhibits our ability to recognize the true value in those who don’t look like us. No longer can we persist in a struggle for freedom and equality all the while overlooking the potential in others to lead.

We must, at all times, remember that for every degree we hold, every award we receive and every opportunity we gain, we are not the sole beneficiaries. We can never forget, that it is our children and the many generations to come, to whom this movement truly belongs.

James A. Gilmore is a public policy analyst with Lawyers’ Committee for Civil Rights Under Law and co-convener of the Civil Rights Coalition on Police Reform.

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