Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

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Trump’s Secret Assault

I’m sitting and waiting for the healthcare vote. I’ve watched nervously over the last few days as the forces of Trump gathered in secret.  It is clear they intend to deliver a savage blow to healthcare in America. As a result, it is clear that now, more than ever, we need single payer healthcare in California.

The Healthy California Act – SB562

SB562 is a Senate bill in the California State Legislature that proposes to provide free healthcare for all Californians. Single-payer health care is a system in which the government, rather than private insurers, pays for all healthcare costs. Healthy California is a campaign of over 4 million Californians committed to guaranteeing healthcare for the residents of our state.

 

In a 2003 study, Americans spent 7.2% of our Gross Domestic Product (GPD) on health care. By comparison, it found that citizens in Europe, Japan, New Zealand, Canada and Australia spent less than 2.6. Their healthcare costs were covered by their governments. A 2010 study found that Americans continue to spend way more on our healthcare than other similarly-situated countries.

Source: Wikipedia/Sugar Baby Love

Our failure to provide universal healthcare in America also hurts our financial status in the world. A comparison of our credit rating to other countries with universal healthcare makes it clear we need single payor healthcare.

Source: Huffington Post

SB562 is a Senate bill in the California State Legislature that proposes to provide healthcare for all Californians. On April 26, 2017, the California Legislature moved SB562 forward. It would provide full healthcare coverage for all Californians. The advances from Obamacare would be folded into the new system. It will eliminate “co-pays” “out-of-pocket costs” and “deductibles.” These are the private expenses that are driving all of us to the poorhouse. SB562 will lower prescription costs which really hurt people when they are sick and need help the most.

Reproductive Injustice

According to the U.S. Dept. of Health & Human Services, the infant mortality rate is one of the most widely used measures for the overall health of a community. Leading causes of death among infants are birth defects, preterm delivery, low birth weight, Sudden Infant Death Syndrome (SIDS), and maternal complications during pregnancy. Infant mortality continues to be a major problem in the U.S. although the rate is dropping.

In Alameda County, 619 babies died prematurely between 2006-2012, compared to 56 in Marin.  Alameda County’s infant mortality rate is consistently higher for Black and multiracial women than women in other ethnic groups. It is 3 times higher for Black families as white families in Alameda County, and almost that high in Contra Costa County.

West Contra Costa County became a medical desert in 2014 with the closure of Doctor’s Medical Center. Residents of 8 cities, Hercules, Pinole, San Pablo, El Sobrante, El Cerrito, Albany, Richmond, Kensington and the surrounding incorporated areas have to travel to Berkeley or Oakland for emergency medical care. The current crisis in West County is the result of decades of racial injustice in healthcare and other social services in Contra Costa County.

Studies also show an increase in pregnancy mortality rates in recent years. Again, Black women are dying at significantly higher rates:

  • 40.4 deaths per 100,000 live births for black women
  • 16.4 deaths per 100,000 live births for women of other races
  • 12.1 deaths per 100,000 live births for white women

Reproductive Injustice is still pervasive in our healthcare system by race and gender.

The Urgency of Now!

These statistics make it clear that NOW is the time for universal healthcare.  That the fight for single-payer healthcare is a social, racial, gender and economic justice issue.  Having free access to quality healthcare is one of the pressing human rights fights of our time.  Indeed, lives are at stake and every day counts! I urge everyone to join and support the Campaign for a Healthy California!  #HealthyCA

Justice-By-Geography

My mouth fell open when I read this! Shocking! In Alameda County? It surprised me and not much about our judicial system surprises me.

The Prosecutor’s Power to Charge Children

In 2016, California voters passed Proposition 57. It passed in Alameda County by an overwhelming 77% majority.  One of the main changes in the new law is to eliminate the prosecutor’s discretion to charge children between 14 and 18 as adults. It repealed California Proposition 21, which was passed in March 2000. Proposition 21 gave prosecutors the authority to decide whether to try a child as an adult.

In a “direct file” case, the prosecutor had the sole authority to decide whether to charge a child as an adult. Under the old law, the decision had to be made within the first 48 hours of an arrest. As a result, prosecutors often had minimal information about the circumstances of the crime or the child. In addition, there was almost no opportunity to interview key witnesses before making the decision.

At the same time, placing a child in the adult prosecution track has dire consequences for his or her “rehabilitation.” First of all, children are five times more likely to be sexually assaulted in adult prisons than in juvenile facilities. Furthermore, children are up to 36 times more likely to commit suicide after being housed in an adult jail or prison than those in juvenile facilities.

Disparity Gap in the Rates of Direct File

Fortunately, organizations like the W. Haywood Burns Institute, the Center on Juvenile and Criminal Justice and the National Center for Youth Law sounded the alarm on this practice.  Based on their research, they concluded that prosecutors were charging kids as adults at alarming rates. The prosecutor’s power to charge kids as young as 14 as adults was completely unregulated in California and most of the nation. Not surprisingly, the practice primarily impacts kids of color who were 90% of all “direct filed” cases.

These youth law advocates conducted a comprehensive survey and comparison of California counties. They found that the type of justice you receive in the juvenile system depends on where you live – hence, justice by geography! Furthermore, since 2003, there has been a growing disparity gap in the rates of direct file prosecutions of children by race in California.

Statewide numbers reveal that in 2014, for every White child charged as an adult, there were 3 Latino and 11 Black kids. What is shocking to me is that in Alameda County, prosecutors did not charge a single White kid as an adult in 2014.  Yet, in the same year, Alameda County prosecutors charged 14 Black or Latino kids as adults. Alameda is one of the nine counties in the State where only Black or Latino youths were subject to direct filing.

The Road to Recovery

Our road to recovery from juvenile injustice in California is likely to be long and difficult. With the passage of Prop. 57, the decision to prosecute a child as an adult is now decided by judges. Those of us who question the wisdom of this approach wonder whether we are going backward instead of forward. We know that in real world, judges have usually supported prosecutors.  Indeed in Alameda County, most of the sitting judges were prosecutors. So, some of us are concerned that “the fox is already in the henhouse.”

The response to our concerns was that the judge must make his decision in public and give a statement of reasons for the decision. Now, the prosecutor must make a motion to transfer a child to adult court. The judge must hold a hearing and evaluate whether the child should be tried as an adult. The hope is that increased transparency will lead to more accountability and better outcomes for kids.

In the meantime, it is unclear whether any of the kids charged, convicted or sentenced under the old law are entitled to relief.  In fact, once they were charged as adults, they were subject to the same pressures to plead guilty as adults. According to the AG’s records, 88% of the kids charged as adults are convicted and sentenced as adults.

Can We Save Children We Already Condemned?

Kurese Bell in San Diego County is a case in point. Kurese was only 17 when he and a friend, 18-year-old Marlon Thomas, robbed two marijuana dispensaries. At the second one, they unintentionally got into a shootout with a security guard inside the building. Eighteen year old Marlon was killed. Because Marlon’s death occurred during a robbery, 17-year old Kurese was charged with murder as an adult. Kurese was convicted in January 2017, after Prop. 57 became effective. If he is sentenced as an adult, he is not likely to have a parole date for 25 years.

Kurese’s case was a “direct file.” Ironically, the District Attorney of San Diego is the only DA in the State who supported Prop. 57. San Diego District Attorney Bonnie Dumanis is a former Juvenile Court Judge.  She says that she believes that a judge should hear both sides as to why a juvenile should be treated as an adult.

Earlier this year, Kurese’s lawyer, Patrick Dudley, took the courageous step of asking the Court to apply Prop. 57 retroactively to Kurese’s case.  The motion was granted!  The judge applied Prop. 57 and granted Kurese a transfer/fitness hearing in which the presumption is that Kurese is “fit” for a juvenile court disposition.  The prosecution must prove that he is not. A hearing is scheduled for May 12th.

Whether we will see similar steps to achieve justice in Alameda County by applying Prop. 57 retroactively remains to be seen.  Certainly, given our history of racial disparity in charging children, justice would appear to demand it.

Ending the Bail System

© 2013 Lucy Nicholson/Reuters

This week, California is taking a momentous step forward. The State Senate, supported by the Assembly, is moving to end bail as we know it. For as long as I have been a lawyer, “making bail” has been a requirement in our criminal justice system. The rule says you are “innocent until proven guilty.” Making bail is the first step that undermines the rule. In our system of justice, once you are arrested, you must prove your innocence. That requires money, starting with bail money.

Where Did It Come From?

The United States has 5 percent of the world’s population but 25% of the world’s prisoners. California led the way to mass incarceration when we approved the 3-strikes initiative in 1994. The right to bail comes from English law. It was incorporated into our Constitution in the Eighth Amendment. Today, a coalition of civil rights organizations supported by dozens of advocacy organizations has taken a huge step to repair the damage of racist failed policies. Thanks to Professor Michelle Alexander, we know that there were more African-American men in prison, jail, on probation or parole in 2013 than were enslaved in 1850.

Almost a dozen legislators, including Assembly District 18 representative Rob Bonta are pushing forward with bail reform. There are two measures being pushed through the State Assembly. Bail reform – SB 10 and AB42. Passage is not guaranteed. Bail reform failed in the legislature in 3 prior attempts. SB10 creates a pretrial services agency in each county and a hearing process for anyone who cannot immediately be released on their own recognizance.

For the first time, the judge deciding whether to release an individual must consider the presumption of innocence along with other factors.

We Have A Bail Problem

The current system allows a person’s wealth rather than their guilt or innocence to determine whether they will remain in jail until the case is over. Indeed, in California, the average bail amount is $50,000. This is five times higher than the rest of the United States. Thousands held in county jails across the state have not been convicted of a crime. They may in fact not have committed any crime. Many people arrested spend up to 5 days in jail even when there is not enough evidence to charge them.

Bail is historically and often used to coerce guilty pleas. Prosecutors often ask for a high bail and judges grant the request to coerce the person to plead guilty. A 2017 study by Human Rights Watch found that between 2011-2015, 1,451,441 people were arrested and jailed for felonies. Of that number, almost 500,000 were eventually found not guilty, their cases were dismissed, or the prosecutor never filed charges.

Alameda County Has A Bail Problem

In 2014-2015, Alameda County spent close to $15,000,000 to incarcerate people whose cases were either dismissed or never filed. Many innocent people had cases filed against them, but the case was dismissed or they were acquitted after spending weeks or months in jail. It is estimated that more than 85% of the people in jail in Alameda County are pretrial detainees – they have not been convicted or pled guilty. Ninety-one percent (91%) of those who pled guilty to a felony were released shortly after they took the plea deal. Most of the time, there is no legal right to sue for wrongful imprisonment, even if you were innocent.

When a person cannot make bail, it may cause loss of employment, income and/or housing. Our current system causes traumatic family disruption. On the one hand, when a person is held in jail, the whole family suffers shame and fear. To bail someone out may require multiple family members to take on crushing debt. The consequences of pretrial detention affect people of color, particularly Black people, and poor people far more often than white people. The stories of people losing their jobs or their homes because they went to jail and couldn’t make bail are far too common.

SB10 and AB42 are important steps in addressing the terrible consequences of mass incarceration. They both need our support to pass this time. The question is do we really believe that someone is innocent until proven guilty, and if so, does that matter? Please sign the Courage Campaign’s online petition!

Losing the Federal Government

I feel like we’re tettering on the edge of a cliff.  The next deep breath, we fall into the abyss.

What Just Happened?

Today, April 6, 2017, is truly one of the last days of American democracy.  Why? Because today, the Republican Senators voted to change the rules of the U.S. Senate. They made the change to ensure that Democratic Senators will no longer have a voice in voting on federal judges at any level. It also means that, tomorrow, the right wing of the American judiciary will take over the U.S. Supreme Court for possibly at least the next 50 years. So, the transformation of America is complete.  Elections do matter. The bloodless coup which became apparent in November 2016 is complete.

Who Is Neil Gorsuch?

This dramatic rule change was necessary to get Judge Neil Gorsuch of Colorado appointed to the U.S. Supreme Court. Judge Gorsuch is the son of Anne Gorsuch. Anne was a Ronald Reagan appointee who at one point was the head of the Environmental Protection Agency (EPA). She cut the EPA’s budget by 22% and reduced the number of cases filed against polluters. Ann also relaxed Clean Air Act regulations and facilitated the spraying of restricted-use pesticides. She hired EPA staff from the industries they were supposed to be regulating.  According to her Wikipedia page, Anne is the first agency director in U.S. history to be cited for contempt of Congress after she refused to comply with a subpoena.

Judge Gorsuch’s background as a litigator is one of privilege. He graduated from Harvard Law School in 1991.  He clerked in the D.C. Circuit federal court and the U.S. Supreme Court after law school. He then joined an elite D.C. law firm and stayed there for 10 years, representing corporate clients and billionaires.  In 2015, his former firm paid new associates “a starting bonus “of $175,000 or a $330,000 signing bonus to those who clerked for Supreme Court Justices. Gorsuch left the firm in 2006 when George Bush appointed him to the 10th Circuit Court of Appeals.

What is His Record?

Judge Gorsuch is the heir to Antonin Scalia. Like Scalia, Judge Gorsuch says he will “look backward.” He believes the Constitution should be interpreted the way it was interpreted when it was written. No matter that in the original Constitution, Black folks are only 3/5 of a person and women do not have the right to vote. In Gorsuch’s view, the infamous Dred Scott decision would be “good law” because it is based on what the judges then understood the law to be. He would also support the decision in Plessy v. Ferguson which ruled that Jim Crow laws were constitutional. The Court’s understanding of the law at that time legalized discrimination that endured for nearly sixty years.

His record on women’s rights and civil rights as a federal judge is troubling.  In February 2017, the Leadership Conference on Civil and Human Rights and 107 civil rights organizations signed a letter opposing his nomination. What is really scary, however, is that the National Rifle Association (the NRA) just dropped a million dollars to support his nomination. Gorsuch’s apparent views on guns led Americans for Responsible Solutions, the gun violence prevention organization founded by former Congresswoman Gabrielle Giffords and Navy combat veteran and NASA astronaut Captain Mark Kelly, and its sister organization, the Law Center to Prevent Gun Violence, to oppose his nomination. Under Gorsuch, America’s status as the most violent country in the world will be preserved.

“Defective from The Start”

Gorsuch says using the courtroom to “debate social policy is bad for the country and bad for the judiciary.”  If Gorsuch opposes using courts to debate social policy, he likely will oppose efforts to change any policies in the Courts.  His views are exactly opposite from the greatest lawyer and judge America has ever known, Justice Thurgood Marshall.  In 1987, Justice Marshall pointed out that “we the people no longer enslave, but the credit does not belong to the framers. It belongs to those who refuse to acquiesce to outdated notions of liberty, justice, and equality and who strived to better them.” He said “the government they devised was defective from the start, requiring several amendments, a civil war, and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights, we hold as fundamental today.”

Donald Trump promised to appoint a “Scalia-like” justice to the Supreme Court. He is keeping his promise. Justice Scalia was a rabid opponent of affirmative action and voting rights. He wrote the Walnart v. Dukes decision that ended one of the largest class-action suits in history and set civil rights progress backward for years. Scalia opposed gay rights and a woman’s right to choose what to do with her own body. Scalia denied protection to victims of domestic violence and he wanted to abolish the Miranda rule protecting a defendant’s right to remain silent. The truth is, if Judge Gorsuch starts where Scalia left off, he too will be “defective from the start.”

“Meet the Women You Don’t Know”

“Meet the Women You Don’t Know.”  With those words, most of us were introduced to the Black women who worked on NASA’s mission to send an American into orbit in space.  Thanks to Margot Lee Shetterly‘s research and writing, this year we learned the story of Katherine G. Johnson, Dorothy Vaughan and Mary Jackson.

Not just the three women profiled in the movie Hidden Figures, but dozens of Black women who defied sexism, racism and segregation to work at NASA in Hampton, Virginia. “Human computers” with extraordinary mental capacities.  Who Knew?

“We are the ones we have been waiting for”

The story of Black women standing up for freedom in America is filled with “hidden figures.” As I write the story of so many courageous women, I am reminded of June Jordan‘s iconic poem “We are the ones we have been waiting for.”

Susie King Taylor (1848-1912)

Susie King Taylor (1848-1912) was born a slave in Liberty County, Georgia. She learned how to read at secret schools taught by Black women. She escaped from slavery in 1862. Within days, Taylor began a lifetime of teaching other Blacks to read and write.

Between 1862 and 1866, Taylor served as a nurse with the 33rd United States Colored Infantry Regiment. She traveled the South with the regiment, teaching many Black soldiers to read and write. As a Black woman in the South during the Civil War, she was always in an incredibly dangerous position. Taylor was one of thousands of brave Black women who served in the Colored Infantry. She wrote a book about her experiences entitled “Reminiscences of My Life In Camp.”

After the Civil War, Taylor established independent schools throughout the South for former slaves and soldiers. In 1874, she relocated to Boston where she dedicated her later life to the Women’s Relief Corps, a national organization for female Civil War veterans. Taylor was a tireless advocate for all of the veterans of the Civil War.

Patricia Stephens Due (1939-2012)

Patricia Stephens Due (1939-2012) began fighting segregation at age 13 when she insisted on being served at the “white only” window of the local Dairy Queen, instead of the “colored” window in Quincy, Florida. She became a lifelong civil rights activist.

Due was a college student at Florida A&M University (FAMU) when she joined the Congress of Racial Equality (CORE) in 1959. She served in leadership roles in CORE and the NAACP fighting against segregation. She was also a union activist who helped organize healthcare workers.

In 1960, Due, her sister Priscilla Stephens and six other FAMU students spent 49 days in the nation’s first “jail-in.” They refused to pay a fine for sitting in a Woolworth’s “Whites Only” lunch counter in Tallahassee, Florida. The tear gas used against the protestors damaged Due’s eyes and she wore dark glasses for the rest of her life.

Due led one of the most dangerous voter registration efforts in the country in northern Florida in the 1960s. After the “jail-in,” she and other students who participated traveled the country in speaking tours to publicize the civil rights movement. In 1963, she married civil rights attorney John D. Due, Jr. They worked together for many decades to challenge injustices in Florida. Her FBI file was reportedly more than 400 pages. It was Patricia Due’s belief that “ordinary people can do extraordinary things.”

Thelma McWilliams Glass (1916-2012)

Thelma McWilliams Glass (1916-2012) was one of the early organizers of the Montgomery Bus Boycott in 1955. Glass, a graduate of Alabama State University and Columbia University, was the Secretary of the Women’s Political Council. Black women formed the Women’s Political Council at Alabama State College in Montgomery in 1946. It included teachers, social workers, nurses and the wives of Black professionals in Montgomery. Its focus was to end the humiliation inflicted on Blacks who rode public buses.

Following the victory in Brown v. Board of Education in 1954, the Women’s Political Council called for a boycott of the Montgomery bus system. Thelma Glass passed out fliers, spread the word in the community, drove and organized car-pools for people to get to work. That boycott became the modern “shot heard around the world.” Thousands participated and it inspired millions. Several Black women, inspired by the Women’s Political Council, refused to give up their seats to whites on buses in 1955 and got arrested. The NAACP chose to highlight the arrest of Rosa Parks, an NAACP secretary and activist for many years. The Montgomery bus boycott triggered the end of segregation in public accommodations and launched the public career of Rev. Dr. Martin Luther King.

In 2005, Thelma Glass remarked that “we didn’t have time to sit still and be scared.”

As I celebrate Women’s History Month 2017, inspired by these courageous sisters, I want us all to know that this is our history and “we are the ones we have been waiting for!

Losing Our Fire Chief

Losing Our Fire Chief

I can feel my temper rising as I read the headline “Oakland fire chief to retire.” The SF Chronicle labels Oakland Fire Chief Teresa Deloach Reed as “embattled.” The Chronicle says the Ghost Ship warehouse fire “raised questions about “management and inspection procedures in the Fire Department.” Did these “questions” lead to Chief Reed’s resignation? I doubt it. I think it’s more likely that the people doing the questioning were the ones who propelled her retirement.

Credit: Anda Chu/Bay Area News Group

Chief Reed came to Oakland as our Fire Chief in 2012. Her hiring made history. Reed began her career in 1986 in San Jose as a firefighter. She rose through the ranks there, serving as a Captain, Battalion Chief, Deputy Chief and Assistant Chief. Chief Reed served in San Jose for 23 years before she came to Oakland as our Chief. I met her in 2014 when she was honored as one of the Powerful Women of the Bay.

 

Chief Reed is one of the field’s pioneers. She is applauded as a change agent in a traditionally chauvinist and racist profession. Black women just began to break through the doors of the fire service in the 1980s. Toni McIntosh is reportedly the first Black woman to become a full-time firefighter in Pittsburgh, Pennsylvania in 1976. The first known Black woman to become a Fire Chief is Rosemary R. Cloud who became a Fire Chief in East Point, Georgia in 2002.

Questions In Oakland

It is no secret that the local firefighters union is opposed to Chief Reed’s leadership and wants her out. The “questions” that arose after the tragic Ghost Ship fire merely added fuel to an already challenging situation. Some think Chief Reed’s desire to crack the “old boys network” inside the department’s leadership was too timidly executed. Others believe the union should have been more supportive of her efforts to change the culture and priorities of the department. Many question if Chief Reed is unfairly blamed for management problems she inherited from previous administrations. Rumors even say that after the Ghost Ship fire, the Mayor ordered Chief Reed not to speak to the media.

While the Fire Department was hit with the heaviest cuts in 2009 – before Chief Reed arrived -— the mayor and city council have n0t attempted to rebuild it with the same zeal with which they’ve approached the police and other city agencies. For example, the Fire Prevention Bureau needs an assistant fire marshal to oversees its inspectors. The City Council froze funding for this position in October 2008. The Council did not restore funding for the position until 2014, according to budget records. The funding for a designated Fire Marshall was not approved until 2014.

Oakland Post editor, Paul Cobb, sounded the alarm last year that Chief Reed is being hung out to dry. “There are indications that Mayor Libby Schaaf and the city administration may be trying to set up the Fire Department and the fire chief” to take the blame for the Ghost Ship disaster, the Post said in its Dec. 8 edition. Her resignation leaves a big obvious hole in the leadership of our City. Chief Reed is the only Black woman to head up a major City department.

Women in Fire Service

I have a bit of experience dealing with the challenges faced by women in the fire service. My client, Donna Rayon-Terrell is the first female firefighter in the Contra Costa County Fire Department. As a Black woman starting in the fire service in 1989, she faced the challenges of sex and race. A native of Richmond, Donna is part of a powerhouse fire family. She and her brother, Marcus Rayon, attended the same fire academy in 1989. Her daughter Mandisa Banjoko followed in her footsteps and joined Contra Costa Fire. Donna and Mandisa are probably the only mother-daughter team to serve in a major fire department at the same time.

As a “pioneer” in Contra Costa, Donna was repeatedly subjected to mistreatment and intentional acts of harassment by her male co-workers. Numerous male firefighters did not want to work with her because she was a woman. Male co-workers and supervisors often subjected her to belittling comments. Her coworkers isolated her, preventing her from forming critical bonds with members of her firefighting team. This endangered her safety and theirs.  But Donna persisted as they tried to undermine her ability to be a successful firefighter. She overcame the racist and sexist culture to advance in her career. She held the rank of Captain when she retired in 2004.

Where Do We Go From Here?

How ironic that in Women’s History Month, we face the loss of a pioneering Black woman in Oakland. Black women are supposedly the hardest group to recruit into the fire service. Today, Contra Costa Fire has only 1 Black woman. The Richmond Fire Department has only 1 Black woman. While Oakland has a few more in its ranks, Chief Reed’s departure raises “questions” about what kind of opportunities other Black women will have in the future of this department. In my mind, those “questions” are just as important as any others.

 

Honoring Women In Politics

This week, I am honored to be recognized as the Woman of the Year for Assembly District 18 (AD18)!  AD18 Assemblymember Rob Bonta selected me. As a result, I am joined into a very special “Girl’s Club” of amazing women from all over California. My new Club includes nurses and doctors and teachers and students, unionists and entrepreneurs and many other professions where women are making history. On March 6th, the California Legislative Women’s Caucus held a day-long celebration in Sacramento for all the Women of the Year.

We all stand on the shoulders of powerful sisters who went before us, most notably, the “Shero” of American politics, Shirley Chisholm.

Unbought and Unbossed

Shirley Chisholm was the original “giraffe.”  She was not afraid to stick her neck out. By her courage and commitment to progress, we all advanced. She was the first Black woman ever elected to the U.S. Congress. in 1971, Chisholm was a founding member of both the Congressional Black Caucus as well as the National Women’s Political Caucus. Chisholm is the first black major-party candidate to run for President of the United States, in the 1972 U.S. presidential election.  She is also the first woman ever to run for the Democratic Party’s presidential nomination.

According to her World Biography, Chisholm became politically active with the Democratic Party in the 1940s.  She quickly developed a reputation as a person who challenged the traditional roles of women, African Americans, and the poor.  After a successful career as a teacher, Chisholm decided to run for the New York State Assembly.  She served in the State Assembly until 1968, when she decided to run for the U.S. Congress.  During the Vietnam War, Chisholm protested the amount of money being spent for the defense budget while social programs suffered.

Chisholm was a strong supporter of women’s rights. Early in her career as a congresswoman, she supported a woman’s right to choose. She spoke out against traditional roles for women professionals (including secretaries, teachers, and librarians).  She argued that women were capable of entering many other professions. Black women especially, she felt, had been pushed into stereotypical roles, or conventional professions, such as maids and nannies.

Shirley Chisholm reported that “When I ran for the Congress, when I ran for president, I met more discrimination as a woman than for being black. Men are men.” In particular, she expressed frustration about the “black matriarch thing,” saying, “They think I am trying to take power from them. The black man must step forward, but that doesn’t mean the black woman must step back.”

Black Women In Politics Today

Black women have always stepped up in the Democratic Party. Donna Brazile, a Black woman from New Orleans just completed her term as the Acting Chair of the DNC.  Moreover, Kimberly Ellis is a Black woman making a serious bid to become the Chair of the California Democratic Party in 2017.

 

 

Former Ohio Senator Nina Turner was one of the most visible and effective surrogates for Senator Bernie Sanders. She is an accomplished advocate for social justice in her own right. After the Democratic Party rejected (and disrespected) Bernie Sanders, there was an effort to draft Sen. Turner to run for Vice-President on the Green Party ticket or for Ohio Governor.

Our own Congresswoman Barbara Lee is one of the most respected and effective representatives this country has ever seen. It has always been my joy and honor to say “Barbara Lee Speaks for Me!”

We’ve Come A Long Way Baby

I am humbled and inspired to represent AD18 on the Democratic Party Central Committee. We now all know that it is an important time to serve in our local Democratic Party.  I feel blessed to have found my way into the middle of the fray!

Many years ago, there was a commercial that tickled my father, David Price. I can still hear him saying “you’ve come a long way baby” with a big grin.  Dad was the father of two daughters and the brother of 5 sisters.  He was proud of the advances made by women in his lifetime.

On Monday, March 6th, I walked with 79 other amazing women through another door into history. As I walk forward, I know that my Lord has brought me “from a mighty long way.”  As I continue to grow as a leader, I know that “to whom much is given, much is required.”

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.

The Vote for DNC Chair

Credit: David Paul Morris, Bloomberg

This weekend in Atlanta, the Democratic National Party will elect a National Committee Chair.  The progressive favorite is Keith Ellison, a veteran Congressman from Minnesota. Keith Ellison is the first Muslim ever elected to Congress. He is also the first African-American Congressman elected from Minnesota. Keith is running to succeed Donna Brazile who served as the Interim DNC Chairperson.

Who Votes for the DNC Chair?

According to VOX News, there are 447 potential voters for the DNC Chairperson. They include state party chairs and vice-chairs, 112 slots evenly divided by sex. State party officials, allocated by population and Democratic vote fill 208 slots.  California has 20 slots in this category. Our representatives include Hon. Barbara Lee, Rep. Maxine Waters,  NAACP State Chairwoman Alice Huffman and Christine Pelosi. 48 slots go to various national Democratic groups. The outgoing DNC chair gets to appoint up to 75 slots. 8 slots go to Democratics living abroad, but they each only get to cast half a vote. The DNC roster appears to include fair representation of women who will get to participate and vote in this important decision.

Contested DNC Chair races are rare. In 1985, Nancy Pelosi ran for DNC Chair.  Pelosi reportedly urged the Party to “move to the center” and become “the party of capitalism.” Nancy Pelosi stamped down younger leadership in November 2016 when she held onto her position as the leader of the Democrats in Congress. It will be interesting to see if her daughter Christine will vote for Keith Ellison. The chair (and eight other leadership officers) are elected by a majority vote. Another impressive candidate for DNC Chair is Jehmu Greene of Texas.

Who Is Keith Ellison?

Keith Ellison was raised in Detroit Michigan by two professional parents.  Keith and three of his brothers became lawyers. Another brother became a doctor.  Keith is a former trial lawyer who started his career as a civil rights lawyer.  He also worked for a time as the Executive Director of the nonprofit Legal Rights Center in Minneapolis.  He says his grandfather’s work with the NAACP in Louisiana influenced him in his youth. In his first week as a member of Congress, Ellison voted with the new Democratic majority as part of the 100-Hour Plan to raise the minimum wage, for federal funding of stem cell research, and to allow Medicare to negotiate pharmaceutical prices. He has a plan for his first 100 days as DNC Chair that focuses on organizing the massive opposition to the Trump administration.

Keith Ellison is probably the only candidate for DNC Chair that has an African-American Agenda as part of his platform.  This is especially relevant because the relationship between the party and the African-American community has become increasingly strained. In 2016, many Black leaders urged Blacks to “abandon” the Democratic Party. Hillary Clinton’s reluctant discourse with Black Lives Matter activists was not enough to give her the victory.

In 2014, PowerPac+ issued its Fannie Lou Hamer Report. The report showed that of $518 million spent in 2010 and 2012, the Democratic Party spent a measley 1.7% of its money on minority owned political consulting firms. One difference between Keith and former Labor Secretary Tom Perez, also running for DNC Chair, are their views on conflicts of interest within the party. Keith opposes conflicts by DNC members who also have contracts with the Committee. Perez is apparently not inclined to take on this issue.

Who Supports and Opposes Keith Ellison?

Keith Ellison is endorsed by Sen. Bernie Sanders, Sen. Elizabeth Warren, and Rep. John Lewis among others party leaders. Keith is opposed, not surprisingly, by Zionist Jewish leaders, including major Democratic donors like Haim Saban.

 

Credit: Wikipedia

Mr. Saban is Hillary Clinton’s biggest donor and reportedly has a net worth of $3.6 billion. He has also contributed between $5 million to $10 million to the Clinton Foundation. Mr. Saban is a leading member of the .01% of wealthy Americans. Saban says that his greatest concern is to protect Israel and he entered politics for that purpose. Regrettably, American politics has long been defined and divided by support for Israel (or not).  In my experience, there is a very thin line between folks who are “pro-Israel” and straight racist Zionists.

“Evidence” used to label Keith Ellison as “anti-Semitic” is his support of Stokely Carmichael‘s right to speak at the University of Minnesota in 1990 and his support of the 1995 Million Man March. As someone who hosted Stokely Carmichael at Yale in 1975, and a businesswoman who closed her business on the historic day of the Million Man March to support my brothers, I find this “evidence” completely ridiculous.

Why Does It Matter?

The DNC Chair position is historically a bureaucratic one. The DNC will set the rules for and administer the election primary process. And it’s the DNC that will help determine whether Democrats can in fact make gains in the 2018 midterm elections. But, the Chair does lead on Democrats’ decisions, organization and spending priorities. The Chair can be a prominent voice in the national dialogue on issues that matter to Americans.  In addition, the Chair provides direction and hopefully, inspiration to Democrats locally and nationally.

This election really matters, however, because it will either define or expose the Democratic party.  Most of all, it will show whether we are really a grassroots party, or the party of capitalism. Whether we want progressive, younger members to lead us, or to continue to be dominated by those who have power, money, control and conflicts of interest in the party. Today, progressive activists everywhere proclaim our opposition to the “Muslim ban” issued by the Trump administration. There is a question whether we will also see a “Muslim ban” inside the Democratic party this weekend.

The Year of the Warrior

It is the Year of the Warrior.  Art Douglas Blacksher is my client.

Doug is a warrior for justice. He’s fighting to make sure that what  happened to him does not happen to someone else. This is his story.

Unfortunately, Doug’s story is not unique. In September 2013, over 150 Black contractors marched in San Francisco to protest the exclusion of Black contractors from the construction of the 49er’s Levi Stadium. They protested the fact that a pre-qualified list of approved contractors for Levi Stadium started out with no Black contractors. Through their advocacy, the builder, Turner Construction, opened up the process. As much as they did, it is still estimated that Black firms received only 1.6% of the contract dollars out of $1.5 billion spent on Levi Stadium.

Suing Clark Construction

The Golden State Warriors are moving from Oakland to San Francisco. That in itself is saddening. To make matters worse, the Warriors’ new stadium, the Chase Center, is being built by Clark Construction in partnership with Mortenson Construction. Doug is suing Clark Construction because he believes Clark intentionally destroyed his business. Clark’s history suggests that it does not support equal economic opportunity for Black contractors.

In November 2016, Doug attended a meeting for subcontractors convened by Clark. Doug describes the meeting as “a deja vu nightmare.” Why? Because Clark made the same promises to interested San Francisco minority businesses (MBEs) that it made to Oakland MBE subcontractors. Based on his experience, Doug believes that Clark has no intention of fulfilling its promises to MBE subcontractors.

Clark claims that it has a 50% participation goal for “small business enterprises.”  We want to know if Clark’s list of pre-qualified subcontractors includes any Black, women or minority-owned businesses. We also want to know what efforts Clark made to recruit MBEs for the Chase Arena project.

Chase Arena Artist’s Rendition Courtesy: Mercury News

The Warriors and Chase plan to spend $1 billion on the project.  On February 14, 2017, the San Francisco NAACP voted to support Doug’s quest to ensure that Black contractors in San Francisco “get a piece” of the Warriors’ action.

 

A Shameful History of Racism

In 2009, Nina Totenberg retold the moving story of a Black contractor working in Birmingham Alabama in 1962.  One of Birmingham’s largest contractors reluctantly allowed the Black contractor to bid to install windows on two public schools.  The Black contractor won the bid and installed the windows perfectly.  “The night before the final inspection on the first school, every window in the school was smashed. The police promised to guard the second school to prevent a repeat. But again, all the windows were smashed. Pinkerton agents brought in by the insurance company eventually concluded the police were complicit.”

Racism in the construction industry is legendary. First of all, the construction industry relies more heavily on social networks than many other industries. It is a “buddy-buddy” network, that was built to exclude Black contractors. Consequently, the construction industry was one of the first targets of anti-discrimination advocates after the civil rights laws were passed in 1964. But it was not until the 1970s that economic opportunity for Black contractors began to be legally enforced. The earliest cases attacked unions firmly committed to excluding Black workers from construction jobs.

Racism In Construction Persists

Yet, race discrimination in the industry nationwide still persists. Hence, in 1998, a Colorado Department of Transportation study found that more than 99% of contracts in the state’s highway construction industry went to firms owned by white men. (Congressional Record, May 22, 1998; S5413.)

The persistent problem of racism in trade unions nationally is described in a 2011 labor union report. Indeed, in January 2008, then Inquirer columnist Tom Ferrick reviewed trade unionists working on $500-million worth of public projects in Philadelphia in the preceding five years and concluded “these well paid union jobs … remain all-male, nearly all-white and the majority live in the suburbs.”

In 2012, it was reported that only one black-owned construction firm (Platt Construction) in Milwaukee, Wisconsin served as a prime contractor when the city awarded 125 prime contracts. One black-owned firm (Adkins Family Enterprises) served as a prime contractor in 2011, when Milwaukee awarded 100 prime contracts that year.

The Year of the Warrior

The National Association of Minority Contractors (NAMC) founded in Oakland in 1969 remains relevant today. NAMC continues to advocate for fair and equal opportunity in the construction industry.  Furthermore, we expect that NAMC will soon join the NAACP and the San Francisco Black Chamber of Commerce in supporting Doug Blacksher’s war against racism. Ultimately, we also hope that the Warriors themselves, including Stephen Curry, Draymond Green, Klay Thompson, Kevin Durant, and others, will not allow racism to put a stain on their house.

 

 

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