Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Category: Humanity Page 1 of 3

Stop Covid-19

Alameda County Central Committee Resolution Calling on Governor Newsom to Exercise Emergency Powers to Stop COVID-19 in California Prisons

WHEREAS, COVID-19 has caused significant harm to those living freely in our society, it poses a more severe threat to people locked in California’s correctional facilities where close quarters, lack of resources for basic hygiene, insufficient personal protective equipment (PPE), including sanitizer and hygiene products, and limited access to health services have made these institutions breeding grounds for COVID-19, and thousands of incarcerated people currently face a potential death sentence, and

WHEREAS, the California Dept. of Corrections and Rehabilitations (CDCR) has more than 2,500 active cases of COVID-19 as of June 30, 2020, and the transfer of incarcerated people from the California Institution for Men (CIM) to San Quentin Prison (SQSP) led to an outbreak of COVID-19 at SQSP which went from 0 to 1,080 confirmed cases in less than 30 days, and due to a lack of testing, the true number of COVID-19 cases is likely to be understated, and

WHEREAS, during a state of emergency, Governors are empowered to take drastic measures to protect the lives of people in their states, such as releasing incarcerated people from crowded jails, and the entire California prison system is roughly 137% over capacity, and in particular, the North and West Block at SQSP are at roughly 190% capacity, and transferring incarcerated people around the state between prisons will lead to the spread of the virus and the creation of new prison “hot spots” and is unfair to incarcerated people, their families and loved ones,

NOW, THEREFORE, BE IT RESOLVED THAT THE ALAMEDA COUNTY DEMOCRATIC PARTY CENTRAL COMMITTEE supports demands from community organizations that CDCR and Governor Gavin Newsom take emergency action to release as many people as possible in order to reduce the prison population and protect incarcerated people from a COVID-19 death sentence, stop transferring incarcerated people from one prison to the other, modify and issue the necessary Post orders to assign correctional staff to work in only one part of every prison to avoid actively spreading the virus across any prison, immediately provide ongoing and adequate testing to 100% of all inmates and correctional staff, provide personal protective equipment (PPE), sanitizer, hygiene products and other essential goods (stamps, envelopes) for free through the end of the pandemic.

IT IS FURTHER RESOLVED THAT this Resolution shall promptly be sent to Governor Gavin Newsom, Governor Newsom’s Criminal Justice Department, the Secretary of CDCR, the Undersecretary of CDCR’s Health Care Services, Assemblymembers Marc Levine, Ash Kalra, and all Assembly Members and State Senators representing Alameda County, and the California Democratic Party.

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!”

I Feel Like Going On

“Though trials may come on every hand, I feel like going on.” Marvin Winans

The Reverend Martin Luther King, Jr. with compatriots at the March on Washington for Jobs and Freedom on August 28, 1963
The Reverend Martin Luther King, Jr. with compatriots at the March on Washington for Jobs and Freedom. August 28, 1963. (Photo by © CORBIS/Corbis via Getty Images)

This was a rough week. It started on Saturday, April 4th as I remember the assassination of Rev. Dr. Martin Luther King. That awful night in Memphis traumatized the entire country. It was such a game-changer for me personally. Yet, here we are, some 52 years later and barely a mention of the event that shook America to its core. It seems that the pandemic “trumps” everything.

Fast forward to April 8, 2020 – a day that will live in infamy for me and so many others. The day that Bernie Sanders “suspended” his campaign for the U.S. Presidency.

The end of Bernie Sanders’ campaign marks a sobering reality. The American economy is in shambles. The federal government is under the control of the tangerine reincarnation of Hitler and the federal bench is infested with far-right-wing fanatics appointed for life. For me, the inescapable reality is that the “beloved community” that Dr. King preached about will not come to pass in my lifetime.

It is a sobering thought. Not in my lifetime.

Dr. King’s words from his final sermon on April 3, 1968 rang in my ears all day on April 8, 2020:

“I may not get there with you, but I want you to know tonight that we as a people will get to the promised land.”

Not in my lifetime.

Biden Is Not Bernie

Even if Joe Biden can hold it together until the election (not a certainty), he seems almost certain to wither under Heir Trump’s blistering attacks. Biden has already promised to veto Medicare for All. He makes this pledge at a time when Black people are dying at three times the rate from COVID-19 than other races. The racial disparities that have always been a matter of life or death for Black folks will continue to flourish in a Biden presidency.

For me, the urgency of a Bernie Sanders presidency was exactly the urgency to address the health gap, the wealth gap, and the justice gap that is the reality for far too many Americans and particularly Black people. These are not issues that Joe Biden has pledged to address. Nor does he even appear capable of addressing.

It is well known that Black women in America are three to four times more likely to experience a pregnancy-related death than white women. That well-known fact is perfectly ok in Trump’s America and it will continue to be so in Biden’s America.

On the day I heard the bad Bernie news, I was already enraged by reports that Black Americans are dying from COVID-19 at catastrophic rates compared to our percentage of the population and other races. In March 1966, at the convention of the Medical Committee for Human Rights (MCHR) in Chicago, Dr. King noted that “Of all the forms of inequality, injustice in health is the most shocking and the most inhuman because it often results in physical death.”

Dr. King would be devastated by what is going on in Chicago today, and reflected across this country. Death is the most “brutal consequence” of racialized injustice.

Painful Brutal Consequence

Racial differences in health care, particularly the treatment of cancer, is very personal to me.

In 2012, my Dad died at Jewish Hospital in Cincinnati Ohio from small cell lung cancer. The treatment and care he received at Jewish Hospital was painfully substandard.

We got the lung cancer diagnosis on a Friday and he died four (4) days later on Tuesday. He was never transferred or treated in the oncology unit. They said they did not have enough beds. The IV medication was applied sparingly during the last four days of his life. We were not given proper instructions on how to use the respirator and hence, we did not use it while he desperately struggled to breathe the entire last weekend of his life. In the minutes before his heart stopped, they couldn’t get the dialysis machine to work. In the meantime, the deadly toxins stimulated by the chemotherapy treatment they gave him exploded in his blood.

As his kidneys failed and the cancer took his life away, I watched helplessly as the nurse struggled (unsuccessfully) to make the dialysis machine work. My father was not a priority that day and he died.

“I Feel Like Going On”

I admit, after fighting for civil rights for more than 50 years, I’m tired. I’m frustrated by the America that writes a bad stimulus check to Black folks over and over again. I’m angered by politicians that make false promises to get our votes and then runnnn back to the comfortable lily white world where they live. I am outraged by those who turn a blind eye to poverty, homelessness and injustice.

Still, I feel like going on. I know that this pandemic will end. I don’t know when it will end. Don’t know how. We know that when America gets a cold, Black folks get pneumonia. But this too shall pass. I know that. And today, I feel like going on.

You see, the history of Black people in America has given us tenacity, resilience, courage in the darkest hour, faith in God and hope for tomorrow. We are the survivors of the Middle Passage. My people were “built for slavery and killt for bravery.” And we’re still here.

Even knowing that the beloved community will not likely come to pass in my lifetime. I won’t get there with you. But I feel like going on.

Bishop Marvin Winans Sings “I Feel Like Going On”

A Luta Continua.

COVID-19 Alert: ILWU Protects Us

ILWU Local 10 President Trent Willis and his members fighting COVID-19
ILWU Local 10 President Trent Willis and his members

Oakland is in a crisis. This is a COVID-19 Alert! The ILWU (International Longshoreman & Workers Union) Local 10 has sounded the alarm again!

Last week, ILWU Locals 10 and 34 stopped the owners of the Grand Princess cruise ship from off-loading COVID-19 contaminated waste into Oakland. The ILWU is also insisting that the companies profiting off of their labor and our land at the Port of Oakland take necessary steps to protect the workers at the Port and our community. 

The longshoreman and port workers are on the front lines of our national transportation network. At the same time, they are our fathers, mothers, brothers, sisters, sons and daughters. Most of them live in this community. If they are exposed to the coronavirus, they will carry the virus into the community. 

What Do They Want?

What the ILWU is asking is really simple:   

Disinfect their worksite: the equipment, work areas, terminal bathrooms, mechanic shops, tools, machines, turnstiles, gates and every place they work on the Port. 

Some of the companies that use our Port are refusing to properly disinfect the worksite. We know in the face of this highly contagious virus, employers as well employees have to take extra steps to stop the spread. But the workers are simply not equipped to disinfect the entire worksite. And it’s not their responsibility. The responsibility is on the employer. 

By taking a strident and firm stand against working in a contaminated environment and sounding the alarm on management, the ILWU protects us – the entire Bay Area – from a higher risk of infection with COVID-19.

The Pacific Maritime Association (PMA) represents the companies operating at the Port of Oakland. We need to contact PMA, Port officials and Assemblymember Rob Bonta to demand that the companies do their part to protect our community. 

Who You Going to Call?

Dan Kaney is the Northern California Area Managing Director for PMA. Call him at 510-891-4628 or e-mail: dkaney@pmanet.org.

Danny Wan is the Executive Director for the Port of Oakland. Call him at 510-627-1100 or e-mail: https://www.portofoakland.com/people/danny-wan.

John Driscoll is the Maritime Director for the Port of Oakland. Call him at 510-627-1243 or e-mail: https://www.portofoakland.com/people/john-c-driscoll-maritime-director. 

Amy Tharpe is the Director of Social Responsibility for the Port of Oakland. Call her at 510-627-1302 or e-mail: https://www.portofoakland.com/people/amy-tharpe-director-social-responsibility.

The Port is located in Hon. Rob Bonta‘s Assembly District (AD18). His District Director is Tonya Love. Call her at 510-286-1670 or e-mail: Tonya.love@asm.ca.gov.

COVID-19 Alert: the ILWU Protects Us!

It is still true that we know so little about the disease. What we do know is more people will get infected and too many will not survive if we force people to work in areas infected by the coronavirus without protection. 

This is a preventable public health crisis happening in our community right now. We may not be able to get out the house but we can still call or e-mail. Make the call asap. Send an e-mail. Let’s support the people who are working hard to protect us. 

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.

Who’s Killing Us?

Who's Killing Us? Marjory Stoneman Douglas High School, Parkland
Marjory Stoneman Douglas High School Protest, Parkland, Florida 2018
Credit: Joe Raedle/Getty Images News/Getty Images

Who’s Killing Us? No this is not a song. It’s a serious question that we need to answer in America. More importantly, we need to admit that too many people are being killed in America by guns.

The news this week is the same news we heard last week. The same insane incessant scourge of gun violence overwhelms us. The same “thoughts and prayers” that were issued by legislators around the country last week are re-issued this week. To a different family. To a different grieving community. To the same shocked nation.

Too Many Guns

Across this country, legal and illegal guns are everywhere. Despite efforts to regulate access to guns, the situation has gotten completely out of hand. Increased criminal penalties and harsh sentences have had no impact whatsoever on the access to guns or the number of people killed by guns.

According to one 2012 study, Americans own at least 270 million guns. The second gun-ranking country, India, a country over three times our population, only has 46 million guns. And, the vast majority of the world’s countries have fewer than 10 million privately-owned guns. This disparity is based on the Second Amendment of the U.S. Constitution. The devastation to our country because of this law should compel us to take bold action to address our national crisis.

Too many lives are lost, in schools, in our homes and on the street. There are so many preventable deaths that only happen because there is a gun available. In fact, there are always way more gun suicides than gun homicides in America. In 2012, 64% of all gun-related deaths in the U.S. were suicides. 22,938 people committed suicide with a gun in 2016, while 14,415 people died in gun homicides. We broke a record in the number of deaths by gun in 2017, and two-thirds of those who died were by suicide.

A March 2016 study in the American Journal of Medicine found that 90% of all women, 91% of children under 14, 92% of young people from 15 to 24 years, and 82% of all people killed by firearms in the world were in the United States.

Who’s Killing Us?

We wake up every day to another mass shooting. The face of death by gun knows no boundaries of age, race, sex or religion. Our senses have been shocked over and over again since the Columbine High School shootings in April 1999. Over the last 20 years, we have watched this type of random mass shooting increase in frequency. The number of lives lost in each incident is completely unpredictable.

In December 2012, a gunman murders 27 people – including 20 six and seven year olds – at Sandy Hook Elementary School in Newtown, Connecticut. A gunman kills 49 people at the Pulse Nightclub in Orlando in June 2016. Another gunman kills 58 people at a concert on the Las Vegas strip in October 2017.

Who's Killing Us? Nine victims killed at Emanuel AME Church
Nine victims shot & killed inside Emanuel AME Church, June 2015

Racially motivated attacks have become commonplace as well. In June 2015, a white man wanting to start “a race war” kills 9 Black people at Emanuel AME Church in Charleston, South Carolina. In October 2018, a man expressing hatred for Jews kills 11 people at the Tree of Life Synagogue in Pittsburgh, Pennsylvania. The shocking attack in El Paso, Texas this month was the latest one.

#EnoughIsEnough

Who's Killing Us? Marjory Stoneman Douglas High School parents
Parents wait for news after shooting at Marjory Stoneman Douglas High School in Parkland, Fla., Wednesday, Feb. 14, 2018. (AP Photo/Joel Auerbach)

On Valentine’s Day 2018, a gunman kills 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. This one woke up young people across the country. #EnoughIsEnough. They took on the National Rifle Association (NRA) with fierce energy. Their attack on the influence of the NRA in the political and media world left that organization reeling.

Watching the young activists who survived the Parkland massacre step up and demand an end to gun violence in America was inspiring. They courageously rejected the stupidest idea that we should arm teachers as a solution to the problem. They have been uncompromising in their insistence that we stop the violence now.

For more than 20 years, Congress prohibited the Centers for Disease Control (CDC) from conducting any research on gun violence in America. It was NRA pressure that led to the restriction on research. The CDC interpreted the ban to include all research on gun violence prevention, and so has not funded any research on this subject since 1996. In April, however, a Congressional committee allocated $50 million dollars to study ways to prevent gun violence, giving $25 million to the CDC.

Every 16 Hours

A recent study found that “intimate partner homicides ― when a person murders their spouse or romantic partner ― increased each year between 2014 and 2017.” The reason: guns. The study found that since 2010, intimate partner homicides by gun increased 26% while the murder of women by other means has decreased. According to one estimate, a woman is fatally shot by her boyfriend, husband or ex every 16 hours.

Who's Killing Us? 6-year-old Millie Drew Kelly killed by her 4-year old brother
6-year-old Millie Drew Kelly killed by her 4-year old brother

Our children are also suffering from both legal and illegal guns. On April 11, 2019, 6-year old Millie Drew Kelly died after her 4-year-old brother accidentally shot her in the head. This kind of tragedy is a regularly re-ocurring event in America. In December 2018, a 6-year-old girl in Missouri dies after her 12-year-old brother accidentally shot her in the head. October 2018, in Virginia, a 7-year-old boy finds his grandfather’s gun and accidentally shoots his 5-year-old sister. March 2018 – an 8-year-old in Ohio loads a .22-caliber rifle and opens fire on his 4-year old sister. She miraculously survives.

Who's Killing Us? 4-year old Na'Vaun Jackson accidentally shot in head
4-year old Na’Vaun Jackson. Credit: Ramon Price

In Oakland, 4-year-old Na’Vaun Jackson accidentally shoots himself in the head when he finds a gun in the house. Although Na’Vaun survived, his family and the entire neighborhood are traumatized.

Repeal the Second Amendment

In this moment, we are having a national conversation about gun violence and gun control. Retired Supreme Court Justice John Paul Stevens called for “the simple but dramatic action” of repealing the Second Amendment. He argues that will move us closer to stopping gun violence than any other possible reform.

It is long past time to repeal the Second Amendment. Repeal will remove the legal justifications that have thwarted every gun control measure ever proposed.

The Second Amendment is part of the Constitution as a compromise to protect the slave patrols in the South. The Founders knew the militias were necessary to keep slaves under control. Just like we abolished slavery, we need to abolish the Second Amendment. It is a vestige of our history, just like Jim Crow and mass incarceration, that is still killing us.

So, who’s killing us? It seems that we are all playing “russian roulette” with guns in America. Today, it’s Walmart. Tomorrow, it could be Safeway. Until we collectively decide that #EnoughIsEnough, our racist past will undermine our future. Once again, I say it is past time to Repeal No. 2.

Celebrity Fascism in America

I am so not impressed with news people and pundits coming forward lately to condemn Donald Trump. I’m trying to figure out where have they been? Were they in America in 1989 when Trump insisted that the innocent Central Park 5 should be put to death?

Trump’s 1989 Ad in the New York Daily News
Credit: Photograph: NY Daily News Archive

Were they in America in 2008 when Trump insisted that President Barack Obama was not an American-born citizen? Where were they in 2016 when he attacked Sen. John McCain? Where were they when he signed an Executive Order banning Muslims from entering the country?

The Media Embraced Trump

Yes, they were here. In fact, it was the media that gave Donald Trump his celebrity status as a Presidential contender. They turned Donald Trump into “just another candidate.” Trump was someone they knew – a television celebrity. The media respects Trump, much like Roger Ailes (his good friend) or Harvey Weinstein. According to writer Will Bunch, one study found that in 2015, Trump’s total airtime on network TV was 234 minutes. Compare that to just 10 minutes for Bernie Sanders. All the while, mainstream media maintained that Trump is not a fascist, and fascism could never happen here.

Yet, here we are. Not without warning. There were numerous writers who called the Donald out as an American-made celebrity fascist. For example, in July 2016, in the New Yorker Magazine, Adam Goplik pointed out that:

““Trump is unstable, a liar, narcissistic, contemptuous of the basic norms of political life, and deeply embedded among the most paranoid and irrational of conspiracy theorists. . . . he came to politics as a racist, a proponent of birtherism.”

We All Knew He Was A Celebrity Fascist

I can hardly believe that anyone else really, genuinely did not know that Trump has “a scheming mind, attuned very well to the ways in which hatred and intolerance can be manipulated.” His advocacy against the Central Park 5, his shrill birtherism slurs against Barack Obama were mere precursors to his recent attacks on the Squad and Rep. Elijah Cummings.

Indeed, people in New York were not under any illusions about who and what Trump is. In the past week, government officials around the world have acknowledged that they are not under any illusions about Trump’s threat to the world as a proponent of fascist ideas. The horrific chants in North Carolina on July 17, 2019 forced world leaders to come clean with their real views about Trump’s racist regime. They recognize celebrity fascism in America.

Credit: US Holocaust Memorial Museum

In 2016, in the wake of the presidential election, I wrote a piece entitled “Will He Keep His Promises?” Unfortunately, the answer 35 months later is “yes, he will, and yes, he is.

Celebrity Fascism Steals the Show

Donald Trump is a veteran entertainer. He likes nothing more than stealing the show. Donald Trump is very good at stealing the show, having been mentored by media moguls like Roger Ailes and Steve Bannon. So, every time he is threatened by bad news, he takes to Twitter and steals the show with outrageous tweets. Our attention is thus, not on the funding of inhumane concentration camps by the federal government, but rather on his ridiculous tweets.

SO what exactly did Rep. Elijah Cummings do to trigger Trump? Elijah Cummings is the Chairman of the House Oversight Committee. According to one investigator, Elijah Cummings “is probably the single most dangerous person to Trump” in this post-Mueller era.

The Oversight Committee has successfully won the right in court to subpoena Trump’s financial records from his accountant. The Committee plans to issue subpoenas for emails and texts that high-level White House officials sent on personal accounts discussing official business – subpoenas that apply to Ivanka Trump and her husband Jared Kushner. So Trump attacks Elijah Cummings (and an entire city) to deflect attention from an investigation that threatens to unmask his administration, his fraud and his family.

As we struggle against celebrity fascism in America, we must remember 3 very important lessons:’

  1. this period that writer Andrew Wood describes as catastrophic poverty, wealth inequality, and environmental degradation that has engulfed Ameria started long before Donald Trump decided to run for President;
  2. Trump is a master manipulator and his attacks on other elected officials for standing up to his immoral actions – such as incarcerating immigrants and using the government to enrich himself and his family – are designed to distract attention from the underlying atrocities and illegal actions that he is engaged in;
  3. last but not least, “Evil flourishes when good men do nothing.

#METOO WorldWide Movement

#METOO – “Ain’t I A Woman”

The Worldwide #METOO Movement came to Berkeley this week. Fifty speakers came from around the world to talk about global resistance to sexual harassment and violence. I am honored to participate in the conversation and the ongoing struggle against oppression based on gender.

The most important insight that I can contribute about resistance to sexual harassment and violence is that it is deeply rooted in the intersectional oppression and resistance of Black women.” And so I started to engage with this amazing group of activists, lawyers, professors and students. We are all committed to moving #METOO beyond the popular hashtag into real challenge and change. We must honor and appreciate the roots of this movement as we move “forward and beyond.”

The title “Ain’t I A Woman” goes back to Sojourner Truth’s famous speech on May 29, 1851 in Akron, Ohio. She spoke from her heart and the pain of slavery to challenge white women to “see” her. In 1981, Professor Bell Hooks in her famous book, “Ain’t I A Woman” challenged contemporary white feminists to “recognize” Black women in “their” movement. Ten years later, in 1991, Anita Hill‘s riveting testimony before an all white male Judiciary Committee (headed by Uncle Joe Biden) gave voice to the outrage of women everywhere. After that hearing, the battle cry was “I believe Anita Hill.”

#BlackWomenBuiltThat

The oppression and resistance of Black women created the
law of sexual harassment. In the fall of 1977, I joined the sexual harassment lawsuit called Alexander v. Yale. My political science professor sexually propositioned me. Yale’s band leader raped Ronni Alexander. Ronni’s case was dismissed. Mine was not. As a 21-year-old Black woman, I became the lead plaintiff in the first sexual harassment lawsuit ever litigated in this country in education. We gave sexual harassment a name and made Title IX apply to it.

I was not alone. In 1976, Diane R. Williams, a 23-year-old Black woman attorney won her sexual harassment case against the Dept. of Justice. Diane persisted after the case was overturned on appeal. She started fighting her case in 1972 and kept fighting until she finally won in 1980. Her case was among the first in employment to say that “quid pro quid” sexual harassment is sex discrimination.

Paulette L. Barnes, a Black woman, filed and lost her case against the federal government in 1974. Paulette persisted. On July 27, 1977, a federal appeals court in Washington, D.C. ruled that it was illegal to fire a woman who refused a supervisor’s advances. On the West Coast, Margaret Miller, a Black woman, sued Bank of America for sexual harassment. Margaret lost her case in the district court in 1976. But she persisted. She finally won her case in June 1979.

“Anita Hill’s Grandmother”

Sandra Bundy in 2018 (Credit: Lexey Swall)

Sandra Bundy‘s case was the first federal appeals court case to clearly say that sexual harassment in the workplace is illegal. Sandra sued the federal government in 1977. She lost at trial in 1979 and fought until she won in 1981. Because of Sandra Bundy, women everywhere can say that sexual harassment creates a hostile work environment. As a result, in 1986, Mechelle Vinson, a Black woman, won her hostile work environment case in the United States Supreme Court. She fought her case for almost 10 years, from 1978 to 1987.

From #METOO to #SayHerName

Fast forward 30 years to October 2017. That month, actress Ashley Judd went public with her story of sexual harassment by powerful Hollywood icon, Harvey Weinstein. Soon after that, Actress Alyssa Milano tweets “If you’ve been sexually harassed or assaulted write ‘me too’ as a reply to this tweet.” #METOO goes viral worldwide.

Tarana Burke, 2018. Credit: Chip Somodevilla/Getty Images

Tarana Burke, a Black woman activist, created the phrase “MeToo” and an organization in 2006 to empower survivors of sexual violence. The worldwide #METOO movement to fight sexual harassment and sexual violence springs again from our oppression and our resistance.

It was my privilege this week to share our history with women and men from around the world. At last year’s conference, Professor Kimberle Crenshaw shared this herstory. Professor Crenshaw’s work on the urgency of intersectionality clearly points the way forward for our #METOO global movement. Black women must not be invisible in this movement. We are the veins in the “kaleidoscope of butterflies” that Professor Catherine MacKinnon so beautifully describes that gives our movement wings. Our power lies in our collective effort.

Pamela Price & Joelle Dzukou Epse Nwabueze
UC Berkeley Law School, 2019

Repeal No. 2

Marjory Stoneman Douglas High School Protest, Parkland, Florida 2018

The news this week is the same news we heard last week. The same insane incessant scourge of gun violence overwhelms us. The same “thoughts and prayers” that were issued by legislators around the country last week are re-issued this week. To a different family. To a different grieving community. To the same shocked nation.

Someone asked me after reading “Every 16 Hours” last week, what is the call to action? The call to action is simple: Repeal the Second Amendment. Repeal No. 2. The Second Amendment is the hard rock that supports every argument that we should continue to allow people to be killed with guns.

The Second Amendment was added to the Constitution as a compromise to protect the slave patrols in the South. The Founders knew the militias were necessary to keep slaves under control. Just like we abolished slavery, we need to abolish the Second Amendment. It is a vestige of our history, just like Jim Crow and mass incarceration, that is still killing us.

The Second Amendment Is Killing Us

This week, two teenagers opened fire at a high school in Colorado. They killed Kendrick Castillo, 18, and wounded eight other students. A gunman killed Riley Howell, 21, inside a University of North Carolina-Charlotte lecture room. Two people were killed and four others were injured in the attack.  The national news is abuzz with tributes to these two young men for bravery. The media sensationalizes their lives and murders.

Less sensational but just as deadly are the events here at home in the Bay Area. In Oakland, on Friday night, someone shot and killed 30-year old Tristan Carson, a clothing designer and event promoter at the intersection of East 12th Street and 23rd Avenue. No suspects, no motive. Just another young life lost to gun violence.

On Tuesday morning, a gunman shot and killed a 47-year-old man in Pittsburg as he stood outside his car. The shooting was the City of Pittsburg’s 8th homicide in 9 months, and the 5th in less than 6 weeks.

Today, May 9th, in San Ramon, police and FBI descended upon California High School to investigate threats of a gun attack. Someone scrawled three graffiti messages threatening to shoot up the school on May 9th. Two of the messages included racist slurs about Black people.

In Oakland, 4-year-old Na’Vaun Jackson is still recovering.

Na’Vaun accidentally shot himself in the head when he found a gun in the house. He survived but his family and the entire neighborhood was traumatized. There is a GOFUNDME page to help the family survive the financial devastation of this tragedy. The man who left the gun in the house has been arrested and will likely go to jail.

It Is Time to Repeal No. 2

What do all of these events have in common? Guns. Across this country, guns are everywhere. Despite our efforts to regulate and control access to guns, the situation has gotten completely out of hand. Increased criminal penalties and harsh sentences have had no impact whatsoever on the access to guns or the number of people killed by guns. Legal or illegal, guns kill, wound and maim too many people every day.

It is long past time to repeal the Second Amendment. That will remove the legal justifications that have thwarted every gun control measure ever proposed. We have the highest gun ownership per capita rate in the world. A March 2016 study in the American Journal of Medicine found that 90% of all women, 91% of children under 14 , 92% of youth aged 15 to 24 years, and 82% of all people killed by firearms in the world were in the United States.

The United States stands alone in its allegiance to gun violence. In 2010, the number of gun homicides in the U.S. was at least 9,960. The Centers for Disease Control reported 11,078 firearm-related homicides that year. In comparison, there were only:

173 in Canada

155 in the United Kingdom

158 in Germany

142 in France

30 in Sweden; and

11 in Japan.

How Do We Repeal No. 2?

The devastation to our country because of the Second Amendment should compel us to take bold action to address our national crisis. It will not be easy – it may not be quick. Going through Congress requires a 2/3 majority in both the House and the Senate and approval by 38 states. Bypassing Congress means we need 34 states to call for a Constitutional Convention to pass the repeal legislation and then 38 states to approve it.

The last time a Constitutional Amendment was repealed was in 1933. It took legislators less than a year to repeal the 18th Amendment which prohibited the manufacture and sale of alcohol. It was a national conversation that led to the repeal of the 18th Amendment.

In this moment, we are having a national conversation about gun violence and gun control. In the words of retired Supreme Court Justice John Paul Stevens, the simple but dramatic action of repealing the Second Amendment will move us closer to stopping gun violence than any other possible reform.

To support the movement to repeal No. 2, sign a petition at MoveOn, find and support a youth group in your community that is committed to getting this done. In this season, young people are on fire to stop the violence and they should not listen to anyone who tells them it can’t be done. The future of this country is in their hands.

In the immortal and wise words of Nelson Mandela, “It always seems impossible, until it is done.” Let’s get this done as soon as possible. #RepealNo2.

Every 16 Hours

It’s finally May, thank God. April is always a hard month for me. It starts with April 4th, the anniversary date of the assassination of Rev. Dr. Martin Luther King. That date always brings me to somber reflection of the challenges we still face despite Rev. King’s sacrificed life.

This April 2019, there are too many stories and other anniversaries of tragic deaths, most of them by the gun. America is among the most deadly countries in the world when it comes to gun violence. In fact, America’s gun-related murder rate is the highest in the developed world, excluding Mexico.

According to one 2012 study, Americans own at least 270 million guns. The second gun-ranking country, India, a country over three times our population, only has 46 million guns. And, the vast majority of the world’s countries have fewer than 10 million privately-owned guns. This disparity is based on the Second Amendment of the U.S. Constitution. The devastation to our country because of this law should compel us to take bold action to address our national crisis.

Everyday Gun Violence

An end to gun violence in America cannot come too soon for Black and Brown communities, women or children. Too many lives are lost, not just in schools, but in our homes or in the streets. There are so many preventable deaths that only happen because there is a gun available. In fact, there are always way more gun suicides than gun homicides in America. In 2016, 22,938 people committed suicide with a gun, while 14,415 people died in gun homicides. In 2012, 64% of all gun-related deaths in the U.S. were suicides.

Guns are easily purchased or traded in the streets everywhere. These guns do not show up in surveys. According to the Pew Research Center, in 2010, African Americans were 55% of the victims of gun homicides, whites were 25%, and Hispanics were 17%. According to the U.S. Bureau of Justice Statistics, from 1980 to 2008, 84% of white homicide victims were killed by another white person and 93% of Black homicide victims were killed by another Black person.

The McElhaney Family

The fact of random violence was painfully brought home to Oakland again on March 10, 2019, when we lost Victor McElhaney. Victor was a son of Oakland killed in a senseless act of gun violence in Los Angeles. Heartbroken family and friends in Los Angeles and Oakland will forever be linked through the loss and legacy of Victor McElhaney.

In the same month, Los Angeles lost the visionary brilliance of its native son, Nipsy Hussle. Hussle, a former gang member, wanted to focus on “giving solutions and inspiration” to young black men like him. He spoke openly about his experiences with gang culture, and denounced gun violence through his music, influence and community work. On March 31, 2019, Nipsy was shot 6 times and killed by another Black man.

Women And Children are Not Safe

A recent study found that “intimate partner homicides ― when a person murders their spouse or romantic partner ― increased each year between 2014 and 2017.” The reason: guns. The study found that since 2010, intimate partner homicides by gun increased 26% while the murder of women by other means has decreased. According to one estimate, a woman is fatally shot by her boyfriend, husband or ex every 16 hours.

6-year-old Millie Drew Kelly killed by her 4-year old brother

Then, there are the guns legally owned and accidentally used to kill or maim someone. On April 11, 2019, 6-year old Millie Drew Kelly died after her 4-year-old brother accidentally shot her in the head. This kind of tragedy is a recurring event in America. In December 2018, a 6-year-old girl in Missouri died after she was accidentally shot in the head by her 12-year-old brother. October 2018, in Virginia, a 7-year-old boy found his grandfather’s gun and accidentally shot his 5-year-old sister. March 2018 – an 8-year-old in Ohio loads a .22-caliber rifle and opens fire on his 4-year old sister. She miraculously survived.

The Mass Shootings

The face of death by gun knows no boundaries of age, race, sex or religion. Most of the time we hear of a mass shooting, we see the perpetrator is a young white male. Our senses have been shocked over and over again since the Columbine High School shootings in April 1999. Over the last 20 years, we have watched this type of random mass shooting increase in frequency. The number of lives lost in each incident is completely unpredictable.

A gunman kills 32 people and wounds 17 at Virginia Tech State University in April 2007. Twenty-seven people – including 20 six and seven year olds – are murdered at Sandy Hook Elementary School in Newtown, Connecticut in December 2012. Another gunman kills 49 people at the Pulse Nightclub in Orlando in June 2016. Fifty-eight people die by the gun at a concert on the Las Vegas strip in October 2017.

Nine victims of racially-motivated attack shot & killed inside Emanuel AME Church

We have also seen the rise of racially motivated gun attacks on churches. In June 2015, a white man wanting to start “a race war” kills 9 Black people at the Emanuel African Methodist Episcopal Church, in Charleston, South Carolina. In October 2018, a man expressing hatred for Jews kills 11 people at the Tree of Life Synagogue in Pittsburgh, Pennsylvania.

The Courageous Young Ones

Parents wait for news after a reports of a shooting at Marjory Stoneman Douglas High School in Parkland, Fla., on Wednesday, Feb. 14, 2018. (AP Photo/Joel Auerbach)

Finally, on Valentine’s Day 2018, a gunman kills 17 people at Marjory Stoneman Douglas High School in Parkland, Florida. This one woke up young people across the country. #EnoughIsEnough. Since then, they are organizing state-by-state to challenge America’s gun laws. They took on the National Rifle Association (NRA) with fierce energy. Their attack on the influence of the NRA in the political and media world has left that organization reeling.

Watching the young activists who survived the Parkland massacre step up last year and demand an end to gun violence in America was inspiring. These young people are outraged and insulted by the excuses people make for gun violence. They courageously rejected the stupidest idea that we should arm teachers as a solution to the problem. They have been uncompromising in their insistence that we stop the violence now.

What Are We Doing About This?

In Oakland, we have a new Department of Violence Prevention. It is a small effort – a start – to tackle a huge problem in our City. It needs funding and leadership – two things in scarcity in our City administration in this season. Ironically, Councilmember Lynette McElhaney spearheaded the effort to create this Department. She is one of millions of Americans who have buried their children and loved ones long before their time.

For more than 20 years, Congress prohibited the Centers for Disease Control (CDC) from conducting any research on gun violence in America. It was NRA pressure that led to the restriction on research. The CDC interpreted the ban to include all research on gun violence prevention, and so has not funded any research on this subject since 1996.

On April 29, 2019, however, a Congressional committee allocated $50 million dollars to study ways to prevent gun violence, giving $25 million to the CDC. It seems that if our children are not afraid of the NRA, maybe the politicians will finally stand up to the NRA as well. Based on what I’ve written, you know we don’t really need another study. We need action. The battle lines are drawn. Our future depends on the fight. We can only hope that the power and resilience of today’s young people will lead us to do what is absolutely necessary for all of us. Stop the violence now.

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