Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Education

Post Op-Ed: Stop The Sale

Oakland Coliseum, Credit: Ray Chavez/Bay Area News Group

Keep the A’s at the Coliseum

The Oakland City Council is considering whether to sell its half interest in the Oakland Coliseum property to the A’s at the below‑market rate of $85 million.  The Coliseum is some of the most valuable land in the entire Bay Area. This public land should not be handed over without full, public deliberation – especially when the sale would be at a discounted price. At a minimum, the City must require that, if the A’s buy the land, they must actually build their stadium at the Coliseum site.

Oakland Always Gets the Short End of the Deal

Among American cities with major‑league sports franchises, Oakland has ended up on the short end of the stick more than any other – at least financially speaking. The Raiders moved to Las Vegas, leaving behind a $65 million tab for Oakland taxpayers. When the Warriors left for San Francisco, they left us on the hook for $40 million in arena improvements.

The A’s claim their stadium and the proposed gondola-in-the-sky will be privately-financed. The truth is Oakland taxpayers will be on the hook for at least $200 million. That is what the A’s and Mayor Schaaf have said it will cost to upgrade the roads and bridges for the stadium and the environmental clean-up at the Port.

The A’s say that Howard Terminal is an “underutilized” essentially abandoned site that can be partitioned off from the Port. The truth is Howard Terminal is part of the third largest port on the West Coast and the ninth largest port in the country.  It is actively utilized for Port activities, such as trucking, shipping and storage. Fifty railroad trains a day run across Howard Terminal.

Additionally, the Howard Terminal project threatens jobs at the Port which are primarily held by African American residents and union members. The ILWU has a long and treasured history of economic empowerment for Black workers and their families.

East Oakland Is The Best Option

Unlike Howard Terminal, the Coliseum site requires no additional review, has minimal red tape, offers plentiful public transportation options, already has $40 million available for upgrading the BART Station and sits in a part of Oakland that is long overdue for economic stimulus. A recent poll found that 62% of us want the A’s to stay and build a new stadium at the Coliseum.

Keeping the A’s in East Oakland and using a new ballpark as a magnet for a fully realized housing, entertainment and sports complex that benefits the community is the only thing that makes sense.

The A’s claim they will “deliver a bold vision and real benefits specifically tailored to the goals and needs of East Oakland” and “revitalize the Coliseum with new economic, cultural, and recreational programming.”  They say they plan to “accelerate the redevelopment of the Coliseum.”

As a resident of East Oakland for decades, I have not seen the A’s commitment to uplifting East Oakland.  In fact, they have consistently tried to relocate to other places. The A’s have been at the Coliseum since 1968 and billionaire John Fisher has owned the A’s since 2005.  What real benefits “tailored to the goals and needs of East Oakland” have they already provided? Is there a written plan to “accelerate the redevelopment of the Coliseum?”

After a long history of broken promises to East Oakland, how can residents benefit from more empty words and pretty pictures that do not include a new ballpark to anchor revitalization of this community?

The A’s have brought home multiple championships to Oakland during their decades in the Town and have a dedicated fan base here. The City Council should absolutely work to keep the team in Oakland – but not by recklessly giving away public land or millions of taxpayer dollars.

What Can You Do?

If you want to oppose the backroom sale of public land to billionaire John Fisher, e‑mail the Oakland City Council at council@oaklandca.gov.

No Police In Schools

Alameda County Central Committee Resolution Supporting Removal Of Police Officers From School Sites

WHEREAS, public concerns have been raised across our County that the presence of local police officers in our schools is an inappropriate use of public resources which results in over-criminalization of young people and the prevalence and impact of inequitable and inappropriate use of force by law enforcement giving rise to deaths, injuries, trauma, and stress that disproportionately affects marginalized populations is a critical public health issue,

WHEREAS, in Alameda County in 2018, even though Black children were only 10% and Latino/a/x children were only 32% of the youth in Alameda County, Black children were more than 60% and Latino/a/x children were almost 26% of all felony juvenile arrests (a total of 86%), and this racial disparity in juvenile felony arrests in our County is a symptom of the systemic racism that infects our criminal justice system,

WHEREAS, the Alameda County Democratic Party Central Committee recognizes that removing police officers from school sites in our County is an important step in disrupting the school to prison pipeline and the systemic racism which undermines educational opportunities for Black and Brown children and a necessary step to improve public safety, public health and public trust in our County,

NOW, THEREFORE, BE IT RESOLVED That the Alameda County Democratic Party Central Committee supports demands by our youth that every school district take immediate steps to remove police officers from school sites and redirect potential cost savings to agencies that are responsible for the health and well-being of families in need, and promote policies that provide mental health services, domestic violence prevention, marriage/domestic partner counseling, gang prevention, anti-bullying programs, substance abuse prevention, parenting skills that include alternatives to physical punishment, and other social services without regard to the gender of the parent;

IT IS FURTHER RESOLVED That the Alameda County Democratic Party Central Committee directs the Chairwoman of our Central Committee to promptly send an official copy of this resolution to the Superintendent, President and Clerk of every school district in Alameda County, the Superintendent, President and Clerk of the Alameda County Board of Education, the President of the California Board of Education and every ex-officio member of this Committee, including the California State Superintendent of Education.

Warning: A Dark Piece

Body Bag demonstration outside Trump International Hotel in Northwest D.C
Body Bag demonstration outside Trump International Hotel in Northwest D.C
Credit: Yilmaz Akin / Provided by Subminimal

Warning: this is a dark piece in a dark time.

As I think about what to write this morning, I recognize the need to express the shame, horror and fear of this moment. Almost 100,000 people dead from COVID-19. Millions of people have no way to pay for food or rent. Millions of elders are at risk of death or homelessness. Yet, we cling to the shreds of a dying democracy and a fantasy called “getting back to normal.”

The shame is that we as a nation seem oblivious to the tragedy of so many unnecessary deaths in our midst. Part of struggling to stay sane in this season means trying to maintain some sense of normal life for ourselves and our loved ones. I quote my sister often these days: “You have one job – get through the pandemic!”

Our efforts to maintain stability in the midst of obvious chaos make it appear that we are unaffected by the massive death toll. Yet, we are all affected in some way. Truly, as Dr. Martin Luther King, Jr. observed, “We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”

It may be a relative or friend that you know has COVID-19. You may have a loved one who died from COVID-19 or a loved one you fear may die from COVID-19. We are all affected. But to the outside world, it looks like we are insistent on “getting back to normal.” It seems like we are willing to die for “business as usual.” It is only a facade created to make us all feel better while making us all look worse than we are.

Our National Hypocrisy

The New Jersey Veterans Home in Paramus on Wednesday, April 8, 2020
New Jersey Veterans Home, 4/8/20
Credit: Michael Karas / NorthJersey.com / USA Today Networks

The Memorial Day holiday highlights the hypocrisy of the moment. This is a holiday to commemorate those who died while serving in the military. Politicians preen themselves to acknowledge military service on this day. We are all taught to say “thank you” in the presence of veterans. Yet, last week, we learned that a COVID-19 experiment killed at least 26 veterans receiving care at VA medical centers. Others required ventilators to survive at higher rates than veterans who were not administered the death drug. These veterans died too, at the hands of the military.

Ironically, the experimental treatment imposed on these veterans by our government reminds us of the tragedy of the Tuskegee experiment. From 1940 to 1972, a government study left 399 Black men with untreated syphilis. The government did not tell the men they were being used as guinea pigs. Even when doctors recognized penicillin was an effective treatment in 1945, the “study” continued for another 27 years.

We Are All Expendable

What COVID-19 exposes in America is that we are all expendable. That includes veterans in hospitals, in prisons and without homes. At least 8-10% of those imprisoned in this country are military veterans. One 2012 study found the mortality risk for veterans released from prison is 12 times higher than the general population. No doubt the mortality rates for all returning citizens in the post-COVID-19 season will skyrocket. There is no protection from COVID-19 in prison. As clergy woman Melissa Cedillo notes, “The American prison system today is a new iteration of this long-standing white supremacist goal —  to control and dehumanize people of color, the impoverished, the marginalized.

Outside of prison, COVID-19 is killing Black people at three times the rate of white people. And as Dr. Fauci notes, this is not “news” and there is nothing we can do about it in this moment.

In fact, we are all expendable: veterans, nurses, health care workers, domestic workers, gig workers, low-wage workers, small business owners, homeless people, incarcerated people, Black people, Latinos and Native Americans, all of us. Indeed, in January 2019, according to Forbes magazine, 78% of all American workers were living “paycheck-to-paycheck.” That was last year, before the pandemic hit us. Now, for at least 40 million people, there is no paycheck. No health insurance. No savings, only student loans, enormous medical bills or credit card debt.

A Dark Piece

I warned you – this is a dark piece. This is bearing witness to the collapse of an economic system coming apart at the seams. A democracy that has succumbed to celebrity fascism. A failing education system erected on inequity based on race and social status. Suddenly, the rest of the world considers America “a shithole country.” As writer Marley K. points out:

“America is the rich nation where people can starve to death, children can sleep in cars and no one is bothered by it, where citizens get sick and can’t afford to get well, and where people who work all their lives can’t afford to grow old and die in peace.”

 U.S. Postal Service worker in Los Angeles, California
 U.S. Postal Service worker in Los Angeles, California
Credit: Mario Tama/Getty Images

We face the closure of the Post office, a national institution since 1775 and a place of employment for Black people since the end of slavery. According to writer umair haque, we have actually become “too poor” to save ourselves. And we are still only at the beginning of the pandemic. With states rushing to “re-open” the economy, the death toll will only rise. We are simply not seeing the body bags that were widely displayed on television during the Vietnam War. But people are in fact dying: 100,000 people so far to be precise.

Who Will Make The Change?

We already have the answers. We already know what must be done. It starts with Medicare for All. We must have a guaranteed basic income for all. We must have a Green New Deal. It is up to us to destroy the “inherently unequal” school system that Thurgood Marshall challenged and start over. We must end mass incarceration and dismantle our criminal injustice system. This pandemic must result in a fundamental re-ordering of our priorities and how we pay for them. The question is who among us will be alive to make it happen.

Like I said: “You have one job – get through the pandemic!”

50 Years Today

50 Years Today, it’s February 24th. I’m in juvenile hall. For at least the 3rd time. 50 years ago today I was a foster kid with no where to go. So, they put me in juvenile hall. And 50 years today, my foster Mom, Alice Aaron, decided to open her heart and her home to take a chance on me. Known affectionately as “GinaMama”, she was every kid’s dream grandmother – she loved all of us unconditionally.

Still, it’s 1970. This is not a good year for me. Or our country. The country is at war – both externally and internally. As US troops fought a losing battle in Vietnam, the US government fought a winning battle against the people. I jumped feet-first into the fray at the young age of 13, not realizing the danger or the full scope of the battle.

You see, at age 11, I was overwhelmed with grief by the murder of Dr. Martin Luther King, Jr. On December 4, 1969, I am energized by anger when Chicago police assassinate Black Panther leaders Fred Hampton and Mark Clark. And the fight was on. I help organize a sit-in to protest those awful murders at my high school and I am promptly expelled. By January 1970, I am a ward of the court and on track to become a regular at juvenile hall.

A Lost Kid

Before February 24th, I’m shuffled between foster homes, group homes and juvenile hall. Things fell apart pretty quickly in my life. Placements were a blur but always challenging. And I did not hesitate to run away when I felt uncomfortable or threatened. That kept me going back to juvenile hall until the social worker could find another place. And then GinaMama stepped up and said she would take me. Her unconditional love would protect, inspire and renew my spirit.

In 1970, Angela Davis was on the run and Black activists were feeling the impact of Cointelpro. The government had declared war on Black activists and no one was safe. In March 1970 I am arrested in a Black Power demonstration. My friends had sense enough to run. I “stood my ground” and ended up in the middle of the brawl with the police. That did not look good for GinaMama – made her “a bad” foster parent. And so by July 1970, I had a new “placement” – one with bars and bed chains.

50 Years Today

50 Years Today: Civil rights attorney Pamela Y. Price (1974 & 2016)
Civil Rights Attorney Pamela Y. Price (1974 & 2016)

Fast forward 50 years. I am a survivor of the foster care and juvenile justice systems. I dropped out of high school and then graduated, by the grace of God. By grace, I get accepted to Yale and graduate with a degree in Political Science. Move to California to go to Berkeley Law School, graduate and pass the bar (the first time)! Again, totally by the grace of God. In 2002, I achieve every lawyer’s dream – I argue a case in the United States Supreme Court.

Everything that I am started with a decision by a grandmother who had a lot of responsibilities and few material possessions. She was the matriarch of her family and already had 3 daughters and 7 grandchildren. They all depended on her. Yet, she made room in her home and her heart for a rebellious “mouthy” 13-year-old. She did it unconditionally even when I disappointed and embarrassed her. And she did it multiple times, allowing me to come back when the authorities finally released me a year later.

Foster Kids Need A Heart

Did you know that:

  • There are over 500,000 children in the United States Foster Care System.
  • 1 out of every 5 lives in California.
  • 3 out of every 10 of our Nation’s homeless are former foster youth.
  • 70% of foster youth dream of going to college. Only 3% actually make it.
  • 83% of children in foster care are held back in school by 3rd grade and 75% are working below grade level.
  • 35% of foster youth have experienced four or more school changes and each school move results in a six month loss of educational progress.
  • 51% are unemployed at age 22.

These statistics tell the story of too many lost kids. 50 years ago today, I was a lost kid. The lesson is that we cannot give up on our kids. You never know how far a kid will go. We must address the crisis of our lost kids with programs like Soar For Youth and CASA.

CASA - Court-Appointed Special Advocates for Children

We must also remember that the universal healer of all trauma is unconditional love. And we need a “GinaMama” for every kid. If that’s you, God Bless you.

Today, I honor Alice Aaron, Amy Jenkins and Lorena O’Donnell. They never gave up on me. 50 years later, I can begin to tell the story.

Why Her? Why Now?

As we enter Women’s History Month 2017, we are in the midst of seeing history made. Delaine Eastin is running for California Governor. She is only the fourth woman in the history of California to run for Governor. Delaine is the only woman in the 2018 Governor’s race.

Delaine is a former California State Assemblymember (1986-1994), State Superintendent of Public Instruction (1995-2003), professor, and businesswoman.

She is the first and to date, the only woman ever elected as the State Superintendent of Public Instruction.

Education In Crisis

For almost 40 years now, California’s entire education system has been in crisis. It continues to be in crisis. In 2004, a UCLA study of conditions 50 years after Brown v. Board of Education found that California has a HUGEracial opportunity gap” in our primary school system. 50 years after Brown, our schools were deeply segregated. More than 63% of white students attended a majority-white school, while most Black and Latino students attended either a Black-majority school (78%) or a Latino-majority school (81%).

The factors that hinder education most profoundly for Black, brown and low income students are:

  • overcrowded facilities in disrepair
  • inadequate and insufficient textbooks
  • shortage of qualified teachers
  • unstable teaching staff

Education in Transition

In 2004, the Legislature enacted a series of bills to address these problems in response to the Williams v. California lawsuit. Williams was filed on behalf of public school students denied equal educational opportunity based on the 4 factors above. A post-Williams report concluded in 2013 that “Williams is working.” The study found significant progress in most areas with the exception of the physical conditions of the schools.  75% of schools still had an issue that prevented it from being deemed completely clean, safe and functional. Moreover, the State consistently failed to fund the Williams’ Emergency Repair Program for conditions considered urgent threats to health and safety.

In 2014, however, California’s per pupil spending had dropped to 39th in the nation. Asian and white students continue to have much higher graduation rates than Black and Latino students. Our 4th and 8th grade students are in the bottom 10 states both in math and reading. Even with the Local Control Funding Formulas adopted in 2013, the amount of resources dedicated to and actually spent on students falls short of the mark. The racial opportunity gap persists today.  California educates almost 1/8 of American students, so our failure is very much a national failure.

Why Her? Why Now?

Delaine Eastin faces an uphill battle for California Governor. She is the only woman in the race in a State that has never elected a woman Governor. She’s the oldest person in the race and she needs money. A lot of it. Frontrunner Gavin Newsom, the playboy kid of California politics has $11 million in his war chest. Money is “the mother’s milk of politics.”  I call it “the microphone” for the message. You must have a microphone to get your message heard.

Some chide Delaine Eastin because education is her strong suit. I think the fact that education is her “signature issue” makes the case for her election now more compelling than less. Delaine led the successful 2016 campaign to pass Propositions 51, 55 and 58. These measures are critical to funding education in California.

Gavin Newsom’s signature issue appears to be ending gun violence. This is an issue near and dear to my heart. Every time someone is killed with a gun in Oakland, my heart burns, especially for a youngster who never saw it coming. The devastation to our community from gun violence cannot be overstated. But for every kid in California and America, education is a “game-changer.” I know that but for my education, I would not be here today.  Education creates a pathway for anyone who dares to walk on it. With an education, you can get out of a neighborhood where guns rule the day. An education allows you to create economic opportunities to walk away from careers that ultimately depend on violence. An education helps you to open doors for others to follow.

I’m With Her

So, I am helping to raise money for Delaine Eastin.  I agreed to co-host a fundraiser and to raise my voice to support her. If you can attend her event in Oakland on March 8th, International Women’s Day, please rsvp here. If you are not able to attend, please make a financial donation to her campaign. It’s going to be a long and expensive race to win. But there is a vintage joke that I love. It goes like this:

Whatever a woman does, she must do twice as well as a man to be considered half as good.  Luckily, this is not difficult!

It’s a joke! It will be difficult. But I’m also told that every time Delaine Eastin ran for office, most people counted her out. And then she won.

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