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Sep 1st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Udi Ofer, New York Civil Liberties Union at 5:22pm

Is New York the Next "Papers Please" State?

Arizonans are not the only ones who should fear living in a "show me your papers" society.

As reported in Monday's New York Times, here in the great state of New York, armed Border Patrol agents routinely board Amtrak trains and Greyhound buses to question passengers about their citizenship and detain those who are not carrying proper proof of their lawful status.

Nina Bernstein reported that Customs and Border Protection (CBP) officers board trains in western New York and ask passengers "Are you a U.S. citizen?" and "What country are you from?" And in case you were wondering, no, these trains do not cross the New York-Canadian border. They are used for domestic travel.

Take, for example, Ruth Fernandez, a 60-year-old U.S. citizen born in Ecuador. She was travelling on Amtrak from Ohio to New York City. On past trips she was photographed by Border Patrol agents, so this time she carried ID, and showed it to Border Patrol agents when asked about her citizenship.

Ruth was not arrested, but others have been. According to an analysis of government data, CBP arrested 2,788 bus and train passengers from October 2005 through September 2010. It's unknown how many of these individuals were U.S. citizens who just happened not to carry identification with them and could not prove their lawful status.

Even more astonishing, while CBP asserts that these detentions are necessary to secure the border and prevent smugglers and human traffickers, it appears that many of these arrests are happening far from the border, and not while people are trying to sneak into this country. In fact, according to the New York Times, "three-quarters of those arrested (by CBP) since 2006 had been in the country more than a year."

Why is this happening?

The federal government has given itself jurisdiction to enforce our border laws, which have looser Fourth Amendment standards, anywhere within 100 miles of the international border. Well, guess what: nearly 2/3 of the entire U.S. population (197.4 million people) live within 100 miles of the U.S. land and coastal borders. So according to Customs and Border Protection, anyone in these areas can be approached by armed agents and asked for their immigration papers for doing nothing more than walking down the street or riding a bus. That's why advocates have dubbed this region the "Constitution-Free Zone."

No one minding their own business should be subject to internal document checks for walking down the street or riding the bus near the border. Not only is it a violation of our privacy rights, but it's a recipe for racial profiling. According to the New York Times, a doctoral student born in Taiwan was arrested in 2009 on the train after being singled out for questioning of his "Asian appearance." The New York Civil Liberties Union, which has investigated this issue for several years, particularly in the Syracuse area, has also heard from other advocates about Latino passengers being singled out for "looking or sounding foreign."

If you are approached by CBP agents on a train or bus, remember that you have the right to remain silent. If you are not a U.S. citizen and have been issued immigration documents that are still valid, you do have a legal obligation to carry those documents at all times. But you still have the right not to speak.

President Obama, it's time to meet your campaign promises and restore the rule of law in the United States. Stand with us to say no to privacy violations, no to racial profiling, and no to counterproductive immigration enforcement policies that make no one safer, but instead alienate immigrant communities that make our nation great.

Sep 1st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Ian Thompson, Washington Legislative Office at 4:46pm

Does Focus on the Family Speak for Your Family?

As children all across America head back to school, far too many will face yet another year of discrimination and harassment based on their sexual orientation or gender identity.

Every student deserves the opportunity to attend school and learn free of fear; however, this is not the reality for many LGBT young people in schools across the country. The ACLU's own work advocating for equal protection for LGBT students is replete with examples of those who have suffered discriminatory treatment at the very hands of those tasked with providing them with an education and ensuring their safety within schools.

In a comprehensive 2007 study of 6,209 middle and high school students spearheaded by the Gay, Lesbian and Straight Education Network, nine out of 10 LGBT students reported that they had experienced harassment at their school in the past year. Additionally, three-fifths felt unsafe at school because of their sexual orientation and about a third reported that they had skipped a day of school in the past month because of feeling unsafe. Such toxic environments deny LGBT students their right to an equal education and contribute to unacceptably high rates of absenteeism, dropouts, adverse health consequences, and academic underachievement.

Despite all of this, the ironically named Focus on the Family is pushing back against even the most modest protections in schools for LGBT students and programs that promote tolerance. A Focus education "expert" stated that, "We feel more and more that activists are being deceptive in using anti-bullying rhetoric to introduce their viewpoints…"

While Focus on the Family might not like it, there are in fact students in schools all across this country who are LGBT and deserve the same chance of an education free of discrimination and harassment as any other student. There is nothing deceptive or agenda-pushing about it.

However, there is indeed a deceptive agenda at work, it just so happens to come from the same side as Focus on the Family. In March, the very deceptively named American College of Pediatricians, a fringe group of anti-LGBT doctors (including the now infamous rentboy.com client and professional homophobe George Rekers) not to be confused with 60,000-member American Academy of Pediatrics, sent a letter to every school district superintendent in the country containing gross misinformation about sexual orientation and gender identity and promoting unscientific and harmful "reparative therapies" that supposedly turn gay kids straight. As an interesting aside, Rekers, along with Focus on the Family founder James Dobson were two of the original founders of the anti-gay Family Research Council in 1981.

Among other outrageous claims from the American College of Pediatricians is that "most students (over 85 percent) with same-sex attractions will ultimately adopt a heterosexual orientation if not otherwise encouraged," and that "sexual reorientation therapy has proven effective for those with unwanted homosexual attractions."

The American Psychiatric Association, the American Psychological Association, the American Medical Association and other mainstream mental health and medical groups have denounced approaches like reparative therapy, stating that there is no evidence that they actually work and in fact may be deeply harmful to those who undergo it.

Indeed, these are just the types of twisted approaches that have caused needless harm and suffering for so many LGBT young people across the country. These students have a right to be themselves.

Thankfully, there is legislation pending in Congress to protect LGBT students from discrimination and harassment in public schools throughout the country — the Student Non-Discrimination Act. Please join with the ACLU in urging your representatives and senators to support this long-overdue legislation. Let it be known that Focus on the Family does not speak for you or your family.

Sep 1st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Jennie Pasquarella, ACLU of Southern California at 1:41pm

ACLU Sues Federal Contractor for Exploiting Immigrant Workforce

Terra Universal, Inc., is a multimillion dollar U.S. government contractor built on the backs of an immigrant workforce. It contracts with the U.S. Army, Navy and NASA, but for years, its owner, George Sadaghiani, has exploited and discriminated against its workers.

Terra Universal regularly makes employees at its plant in Fullerton, California, work as many as 14 hours a day, but refuses to pay overtime. The company pays workers whom its executives believe to be undocumented far less than everyone else, and denies them benefits. Mr. Sadaghiani verbally abuses workers and flaunts basic health and safety codes, all the while browbeating the employees into believing that if they don't have papers, they don't have basic workplace rights.

Yesterday, the ACLU of Southern California and the law firm of Hadsell Stormer Keeny Richardson & Renick LLP filed suit against Terra Universal (PDF) and Mr. Sadaghiani today, demanding repayment of all the wages and benefits he cheated from his workers — both citizens and noncitizens alike.

Mr. Sadaghiani is the kind of business owner the Obama Administration has said it would target for breaking the law to exploit its workforce. Yet, until now the most vulnerable workers, who are the victims of these unscrupulous practices, have paid the greatest price.

On June 29, 2010, immigration agents raided Terra Universal. Agents corralled the workers and handcuffed and arrested 43 of them. Although Immigration and Customs Enforcement (ICE) has been investigating the company for some time and was aware of egregious labor violations, it only informed the Department of Labor of its plans for a raid immediately beforehand. Now, although the Labor Department is investigating wage and hour violations, the victims of those practices face deportation.

Upon learning of the raid, the ACLU of Southern California investigated. What we found was staggering. Terra Universal avoided paying overtime by forcing workers to punch into fake second jobs after eight hours of work. Employees injured on the job were sent home without pay, or their pay would be docked. And most troubling was an elaborate two-tier system of workplace rights: a system for workers believed to be undocumented, and another system for everyone else. A red dot on a worker's human resources file meant that he or she could be denied equal pay, overtime wages, vacation, holiday and sick days — and any opportunities for a raise.

Worker exploitation is nothing new — but its brutal reality often goes untold. Such practices are magnified when you have a vulnerable immigrant workforce, unaware of their rights, and employers eager to exploit that fact. U.S. employment laws do not allow for a two-tiered system; instead, they provide the same protections for everyone regardless of their immigration status.

President Franklin D. Roosevelt heralded passage of the Fair Labor Standards Act, the 1938 federal law guaranteeing that American workers must be paid a minimum wage, and overtime when more than 40 hours are worked in a week, with these words: "A fair day's pay for a fair day's work."

This has become one of the nation's most revered and time-honored principles. Unfortunately, while there are unscrupulous employers bent on violating the law in order to gain a competitive advantage, the federal government provides little deterrent, devoting diminishing resources to enforcement. And, so long as the federal government fails to aggressively enforce the law against ruthlessly exploitative employers and instead places their very victims in deportation proceedings when it discovers such practices, workers will be reluctant to report abuses, and employers will continue to erode basic employment protections for everyone.

This case is against one company, but it's directed at the many businesses out there who believe they can exploit a vulnerable immigrant workforce without consequence. Every employer must afford all of their workers the dignity they deserve regardless of where they come from and how they got here.

Sep 1st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Marsha Banks, Amiracle4sure at 1:24pm

A Mother's Prayer

Marsha Banks is the founder of Amiracle4sure, a ministry that mentors current and former offenders. She recently completed her Master's Degree in Social Services and works as a Family Involvement Specialist for the Pennsylvania System of Care Partnership. With the ACLU of Pennsylvania, Marsha was also involved in a coalition that advocated for the passage of Pennsylvania's Healthy Birth for Incarcerated Women Act.

On Monday, Act 45, the Pennsylvania law that bans the practice of shackling pregnant inmates during labor, went into effect. This shackling ban is a godsend. It is long overdue, and I am so grateful that supporters had not given up the fight for this cause.

I acknowledge that in the past I have made many mistakes, but never would you hear me say that bringing a child into this world was a "mistake." I am a proud mother of eight beautiful children, and while I can recall many proud moments of giving birth to all of my children, there is one delivery that shakes my spirit every time I think about it.

I have a handsome 16-year-old at home, but some days when I look at him, I just want to cry. At times I can't help but to think back to where my life was heading just 16 years ago. I was struggling with a substance abuse problem and I was trying to find my way out of a very abusive marriage. The end of this tragic period of my life was soon to come, or so I thought. It was a cold winter in January when I had come to what we term in recovery as "a bottom." I was facing criminal charges for neglect and I was being held in custody at Montgomery County Prison. At that time, I was about four months pregnant with my seventh child.

I stayed in the county facility for several months before sentencing. I was hoping to leave soon, but instead was sentenced to serve time at Muncy State Correctional Institute. According to corrections policy, I was not permitted to serve my state time until after having my baby. I had five long months to go in a county facility that I didn't feel was suitable for living, let alone giving birth to a child. Prenatal appointments were nightmares, and the diet plans were unacceptable (noodles and chips, oh, and lots of chocolate). The regular visits to the medical clinic were not welcomed, nor were the unexpected premature labor experiences along the way.

I dreaded having to leave the facility to go to hospital, but the stress and pressure of being in the county facility caused me to enter into premature labor several times. I was shackled from head to toe every time I left the county facility for court and hospital visits. The many pleas for loosening the belt on my waist or the chains on my ankles fell on deaf ears. "It's corrections policy," they would say. I was pregnant; where did they think I was I going to go? My final visit to the hospital came on an early day in May, the day when I knew this was it, this soon-to-be-proud mother wasn't too eager to go to the hospital at all.

With shackled ankles, the belt strap in place and a wrist cuff on the pole of the gurney, they transported me to Lancaster County General Hospital. I spent hours in labor with my ankle cuffed to the end of the bed post. There was one correctional officer outside of my door and another at my bedside. On that day, the 18th of May, I gave birth to a very handsome and healthy baby boy, whom I named Christian. He is my miracle child; when I look at him in the morning and at night I just smile. However, the memory of how he came into this world stays fresh in my mind.

Years have passed and times have changed; and still seeing this change to the shackling policy come about has brought tears to my eyes. This is indeed an answer to my prayers.

For the mothers who share in this pain, I applaud you. For those advocates and supporters who did not give up, congratulations, job well done.

Only 10 states have laws that restrict the use of restraints on women prisoners during labor and delivery. To learn more about how your state treats pregnant women in prison, see our map on state standards for pregnancy-related heath care in prison.

Sep 1st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Nicole Ozer, Technology and Civil Liberties Policy Director, ACLU of Northern California at 11:03am

Don't Let Schools Chip Your Kids

On Tuesday, preschoolers in Richmond, California showed up for school and were handed jerseys embedded with Radio Frequency Identification (RFID) tags. RFID tags are tiny computer chips that are frequently used to track everything from cattle to commercial products moving through warehouses. Now the school district is apparently hoping to use these chips to replace manual attendance records, track the children’s movements at school and during field trips, and collect other data like whether the child has eaten or not.

While school officials and parents may have been sold on these tags as a "cost-saving measure," we are concerned that the real price of insecure RFID technology is the privacy and safety of small children. RFID has been billed as a "proven technology," but what’s actually been proven time and again (PDF) since the ACLU first looked at this issue in 2005 is just how insecure RFID chips can be:

  • RFID chips in US passport cards were cracked and copied from a distance of 30-feet using $250 in parts bought from eBay (2009).
  • RFID chips used in building access cards across the country were cracked and copied with a handheld device the size of a standard cell phone that was built using spare parts costing $20 (2007).
  • California State Capitol RFID-based identification cards were cracked and copied and access was gained to member-only, secure entrances (2006).
  • RFID chips implanted in humans were cracked and copied (PDF) (2006).
  • The RFID chips used in the Dutch and British e-passport were cracked (PDF) (2006).

Without real security, RFID chips could actually make preschoolers more vulnerable to tracking, stalking, and kidnapping. Someone who wants to do children harm could potentially sit in a car across the street and scan the children’s jerseys without teachers, school officials, parents, or children ever knowing that any information has been read. And if this information can be read, it can be copied easily to a duplicate chip. A child could be taken off campus while the duplicate chip continues to tell RFID readers that the child is safely at school.

These are just the tip of the security issues—and we haven’t even touched on the core privacy concerns. The editors of Scientific American said it well back in May 2005: "Tagging … kids becomes a form of indoctrination into an emerging surveillance society that young minds should be learning to question."

At this point, we have far more questions than answers about the RFID system in use in Richmond:

  • What security measures are in place on the RFID chips?
  • How will data collected from the chips be used? How long will it be kept?
  • Were parents given a choice whether or not to have their child "chipped?"
  • Were parents told how RFID technology works, what the privacy and security risks are, and what the school has done to make sure the chips are secure and compliant with student privacy laws?
  • And did the County consider these questions before they received a federal grant for this program?

When it comes to student safety, insecure RFID creates more problems than it solves. We hope to work with the school officials and parents in Richmond to help them take a good look at this program and whether it properly protects the privacy and security of their young children.

Aug 31st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Will Matthews, ACLU at 5:03pm

Speak Out Against the "Pain Ray" at L.A. County Jail

The ACLU took to the airwaves this week to advance its advocacy against the implementation of Assault Intervention Devices — invisible microwave beam weapons originally developed by the military — as a way of subduing inmates at the Los Angeles County Jail by focusing a microwave beam on them to make them feel intolerable heat.

Margaret Winter, associate director of the ACLU National Prison Project, told host Sonali Kolhatkar on the show "Uprising" on KPFK-FM in Los Angeles yesterday that because we don't have a full understanding of just how dangerous this weapon can be, subjecting inmates to this technology puts their lives at risk — a clear violationof the Eighth Amendment and the due process clause of the U.S. Constitution.

The military incarnation of the device was briefly fielded in Afghanistan this past June before being withdrawn in July without ever being used. While the device was being tested by the Air Force, a miscalibration of the device's power settings caused five airmen in its path to suffer lasting burns, including one whose injuries were so severe that he was airlifted to an off-base burn treatment center.

This morning, on the KPFK program "Sojourner Truth with Margaret Prescod," Peter Eliasberg, managing attorney with the ACLU of Southern California, said, "the fact that this weapon was never used by the military should be red flag enough for people to be angry and outraged and to contact the Board of Supervisors and say this is an experiment that shouldn't be allowed to go forward."

Aug 31st, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Selene Kaye, Center for Liberty & Rahul Saksena, New York Civil Liberties Union at 4:48pm

First Ever Domestic Workers Bill of Rights Becomes Law

Earlier today, New York Gov. David Paterson signed the first law ever in the United States to give domestic workers the same protections that most other workers have enjoyed for decades. The enactment of the New York Domestic Workers Bill of Rights means that the over 200,000 nannies, in-home caregivers, housekeepers, and other domestic laborers throughout New York State will now finally be guaranteed an eight-hour work day, overtime pay, one day of rest each week, paid vacation days, protection against workplace sexual harassment and racial discrimination, and temporary disability benefits.

This is a remarkable victory for domestic workers and advocates. The New York Civil Liberties Union and the ACLU Women's Rights Project were proud to actively support this bill and lobby alongside Domestic Workers United, a coalition of domestic workers and advocates, which for years has been the powerful and effective driving force behind the Domestic Workers Bill of Rights.

But perhaps even more remarkable is that it has taken us this long to grant these most basic protections to the hardworking women and men whose labor forms the backbone of our economy. At a panel event in March, domestic workers and advocates, Linda Oalican, Barbara Young, and Nahar Alam, shared their personal stories and spoke about the exploitation, abuse, and indignities they experienced as domestic workers after migrating to the U.S.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube's privacy statement on their website and Google's privacy statement on theirs to learn more. To view the ACLU's privacy statement, click here.

Stories like these are not isolated. Nor are they an accident. Rather, they are a result of a very deliberate decision in the 1930s to exclude domestic workers and farm workers (the occupations held by the majority of African-Americans at the time — a legacy of slavery) from federal labor laws, as a concession to staunch segregationists in Congress. In New York, 93 percent of domestic workers are women, 95 percent are people of color, and 99 percent are immigrants (see Home Is Where the Work Is), making clear that the exploitation, abuse, and enslavement of domestic workers is directly related to discrimination based on sex, race, class, and immigration status.

Today marks a major turning point in domestic workers' struggle to overcome discrimination and to achieve human rights and dignity. This is cause for celebration, but also for rededication to the ongoing fight, which is far from over. Getting a law on the books is just the first step; there is a long road ahead towards ensuring that these rights are enforced, and that further protections — including notice of termination and collective bargaining rights — are realized.

We hope that soon other states, as well as the federal government, will follow New York's example in granting domestic workers these long overdue rights. And we hope that here in New York, the spirit of fairness and justice that was exhibited in the signing of this historic new law, will soon be extended to farm workers as well.

Aug 30th, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Suzanne Ito, ACLU at 6:06pm

Targeted Killing: Death Without Due Process

We are all familiar with how the death penalty works. A crime (usually murder) is committed. It's investigated by law enforcement. A suspect is arrested, charged with the crime, and goes to trial. The government shows the judge or jury the evidence against the accused. The accused can defend against the accusations. The jury delivers a verdict. If it's a guilty verdict, the defendant might be sentenced to death.

The process, from arrest to sentencing, is the Fifth Amendment in action, the part that states: "no person…shall be deprived of life, liberty or property without due process of law."

But earlier this year, the Obama administration asserted it has the authority to carry out "targeted killings" of U.S. citizens outside armed conflict zones. In February, then-Director of National Intelligence Dennis Blair told the House Intelligence Committee that the U.S. was authorized to take “direct action” against suspected terrorists and that “if we think that direct action will involve killing an American, we get specific permission to do that.”

It was reported widely, in fact, that the government keeps secret "kill lists," which function as standing authorizations to use lethal force against anyone on the list, including American citizens.

Today, the ACLU and Center for Constitutional Rights (CCR) filed a lawsuit challenging the government's asserted authority to carry out targeted killings of U.S. citizens outside armed conflict zones.

Now, no one disputes that the United States is at war. But wars are waged in specific geographic areas. Currently, the U.S. is at war in Afghanistan and Iraq.

The U.S. is not at war in Somalia. Yet that is where a missile strike killed Ruben Shumpert, a U.S. citizen from Seattle.

The U.S. is also not at war in Yemen. Yet that is where Anwar al-Aulaqi, a U.S. citizen, is purportedly in hiding, and where the government has attempted to assassinate him as many as a dozen times using armed drones.

The Constitution protects all Americans' right to life, whether they're living at home or abroad. If the government thinks you should be dead, it should at least tell you why. The fact that the standard that puts Americans on the "kill list" is a secret is itself unconstitutional. As our complaint states, "U.S. citizens have a right to know what conduct may subject them to execution at the hands of their own government. Due process requires, at a minimum, that citizens be put on notice of what may cause them to be put to death by the state."

No one would dispute either that the United States has the right to protect and defend itself against its enemies. But outside of zones of armed conflict, both the Constitution and international law prohibit targeted killing except as a last resort to protect against concrete, specific, and imminent threats of death or serious physical injury. The fact that many on the "kill list" have been on the list for months makes clear that the administration’s targeted killing program is broader than the law permits.

The government isn't perfect, and this targeted killing program leaves too much room for error. The American government detained almost 800 men at Guantánamo as terrorists, only to release 600 of them after it was found that there was insufficient evidence to hold them. In other words, it made mistakes. Lots of them. And the consequences are far more serious when the end result is death.

A few weeks ago, ACLU deputy legal director Jameel Jaffer was on Democracy Now talking about the targeted killing program. He said: "A lot of us agree that the last administration's argument for worldwide detention authority, the authority to detain people without charge or trial, was extreme and unlawful. This administration is claiming worldwide execution authority." It's death without due process, far from any battlefield, which is alarming, dangerous, and unconstitutional.

Aug 30th, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Mariko Hirose, Speech, Privacy, and Technology Program at 5:15pm

Judge: No Difference Between Cell Phone Tracking and GPS Vehicle Tracking

A few weeks ago, we wrote about United States v. Maynard, a decision from the U.S. Court of Appeals for the District of Columbia Circuit requiring the government to obtain a warrant when it uses a GPS tracking device to monitor someone's movements.

Last Friday, Judge James Orenstein in the Eastern District of New York recognized that Maynard's reasoning also applies when the government tries to retrace a person's whereabouts using historical cell phone location information stored by cell phone carriers. Judge Orenstein rejected each possible factual difference between GPS vehicle tracking and historical cell phone tracking, and concluded that cell phone tracking is just as intrusive to Americans' reasonable expectations of privacy in the details of their everyday lives as GPS tracking.

We believe that Judge Orenstein got it exactly right. In coming to the decision, the court's opinion noted:

a growing recognition, at least in some courts, that technology has progressed to the point where a person who wishes to partake in the social, cultural, and political affairs of our society has no realistic choice but to expose to others, if not to the public as a whole, a broad range of conduct and communications that would previously have been deemed unquestionably private.

Concluding that "[t]he Fourth Amendment cannot properly be read to impose on our populace the dilemma of either ceding to the state any meaningful claim to personal privacy or effectively withdrawing from a technologically maturing society," the court denied the government's application for almost two months' worth of historical cell phone location information that it had sought to access just by showing that it was "relevant and material to an ongoing criminal investigation" — a standard far short of a warrant required by the Fourth Amendment.

The same issue regarding the constitutionality of warrantless access to historical cell site location is currently pending in the 3rd Circuit, where the ACLU submitted a friend-of-the-court brief (PDF) with the ACLU Foundation of Pennsylvania, the Electronic Frontier Foundation, and the Center for Democracy and Technology. The 3rd Circuit will be the first appellate court to decide this question, and we hope that it, like Judge Orenstein, will understand the necessity for Fourth Amendment protections against invasive technology like cell phone tracking that has the potential to eviscerate our notions of privacy.

Aug 30th, 2010 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Dennis Parker, Director, Racial Justice Program & Marjorie Esman, Executive Director, ACLU of Louisiana at 3:05pm

Racial Inequities Five Years after Katrina

A conversation between Dennis Parker and Marjorie Esman about Hurricane Katrina and the racial injustices that it exposed to the rest of the country.

Dennis Parker: Let me begin the conversation by asking you, Marjorie, as a New Orleans resident and rights and liberties advocate, what you think was the most important lesson learned from the disaster?

Marjorie Esman: Katrina showed the world what we here always knew: New Orleans is a city divided by race and class. Those divisions played a major role in everything that followed in aftermath of the flood. Still, we and the rest of the country were shocked by the images of thousands of poor black people trapped in terrible conditions and the never-ending stories of abuse. The ACLU did a report bringing to light the police abuse, racial profiling, housing discrimination and the dangerous lack of planning at the Orleans Parish Prison that disproportionately impacted the black population.

DP: Sadly, we didn't learn the lesson that systematic discrimination and inequality exist not only in New Orleans but in the United States as a whole. Katrina wasn't the first time that inequality was revealed, and sadly, it won't be the last. Remember how surprised everyone was 20 years ago when statistical evidence confirmed what communities of color had long known, that black and brown people are subjected unfairly to racial profiling? But I'm not sure we learned any lasting lessons. Look at the extreme "show me your papers" law in Arizona that basically requires police to racially profile Latinos. Where are we five years later in New Orleans?

ME: The anniversary of Katrina offers us an opportunity to reevaluate the discriminatory systems in place and to assess whether those systems have improved. The report card is mixed. Our police force is now being monitored by the U.S. Justice Department because of longstanding police misconduct, some of which was uncovered after Katrina. It's too soon to know whether this and other recent changes will have lasting effects. On the other hand, because of the connection between race and poverty, race has played a major factor in determining who can return to the affected areas.

DP: To illustrate your point, just a few days ago a federal court in Washington, D.C., blocked the state of Louisiana from continuing to use a discriminatory formula as part of the federally-funded Road Home program meant to help homeowners rebuild after the devastating damage resulting from Hurricanes Rita and Katrina.

The program gave relief funds based on home appraisals. The problem is that homes in poor neighborhoods, many of which are predominately black, aren't valued as highly as similar homes in white neighborhoods. People who lived in the poorer neighborhoods didn't receive equal relief even though materials and labor for reconstruction don't cost any less in one neighborhood than they do in another. The program was designed by the Louisiana Recovery Authority and approved by the U.S. Department of Housing and Urban Development, but both Louisiana and the federal government failed to take the reality of racial and economic inequality into account.

ME: Tragically, the ruling only impacts the families who qualify for future Road Home funding. Thousands of others who lost their homes to Katrina or Rita will not be receiving any additional money to rebuild even though the court recognized that they did not receive equitable funding because of where they lived. This means that poorer areas, many of which are black neighborhoods, will remain full of destroyed and empty houses.

DP: It's an unfortunate example of what happens when we refuse to acknowledge or forget our sad legacy of racial and economic inequality despite all of the evidence that it still persists. I believe that New Orleans and the United States will be able to more successfully address the persistent effects of racial discrimination if we stop pretending that it doesn't exist.

ME: Yes, it's time that as a country we honestly look at race and what it means. New Orleans remains a city divided by race, despite our shared experience in surviving this disaster. Five years later, despite significant improvements, we still fight the legacy of racial discrimination. Katrina made the world see the problem, and we need to remember that the problem hasn't gone away.

(Originally posted on ACSblog.)

 

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