Legally Speaking With Pamela Price

Pamela Y. Price, Attorney at Law

Tag: Howard Moore

I Hope You Dance

In America, money and race always matter, and usually, they rule the day. And yes, as Sister Stacey  Abrams points out in her phenomenal speech, politics “can be as rotten and rigged as you’ve always believed.”

 

But still, when everything you love is on the line, I hope you dance.

So yes, the race is over. But no, this is also “not a concession speech.”

The High Cost Of Housing Is Killing Us

 

When I announced my candidacy for Mayor of Oakland, I talked about how ‘the high cost of housing is literally killing us.” Today and for the last week, we watch helplessly, knowing that the recommendation to stay indoors – at home- because the very air we breathe is poison, is not an option for 6,000 Oaklanders. Most of them Black and Brown. This is the reality of the painful failures of the Libby Schaaf administration.

I cannot congratulate or celebrate those failures. I will not condone nor accept the “systemic cruelty” of our response to the homelessness crisis documented by the United Nations.

Thank You So Much

For this moment, for Oakland, despite the disappointing outcome, it was worth the fight. So I say thank you to all those who gave their time, money, heart and commitment to this fight. To those who staffed the office, wrote the postcards, dialed the numbers, text the message, walked the cards, and went to church, thank you. Whether you gave $800 or $15, thank you.

To all those, who wore the purple shirt with pride, thank you.

We helped turn out the vote in a historic way. We pushed the vote in June in the race for DA.  For November, we went back to those places where we knew voter turnout was low, and pushed some more. 99,879 ballots were cast in Oakland in June. So far, 164,700 ballots were cast in the Mayor’s race.

We bet on Oakland because Oakland has always been there for me. My mentor, Howard Moore Jr., taught me a long time ago, if you take care of the people, the people will take care of you.

So once again, I can say to my family, friends and supporters near and far, I’m ok. I survived the fight and live to fight another day. And thank you for being “the wind beneath my wings.”

I Hope You Dance

And to all those who stand on the edge of the Arena, not sure if you can make it, I hope you dance. 

“When the funds are low and the debts are high, don’t quit.” Everyone of us has an obligation to “keep the faith” and finish the race.

Our children are watching. A Luta Continua.

Your Blessing Is On the Way

Your Blessing Is On the Way

I run up the stairs in my office to the lobby.  Robin Morgan sits there waiting.  I am so excited.  Today is closing argument in Morgan v. Amtrak and I love closing argument.  I know how long Robin has been supporting her husband, Abner Morgan.  I tell her to “hold on, your blessing is on the way!”  Little did I know that “her blessing” would not come for another seven (7) years.

Morgan v. Amtrak – the Racial Harassment Case

Robin’s husband Abner was an electrician for Amtrak in the Oakland Yard.  He worked there for five (5) years.  Abner walked off the job when the foreman told him to “get your black ass in here.”  That “direct order” from a racist foreman was the last straw for Abner.  For years he and his co-workers had complained about racism in the Yard.  Their complaints had even triggered Senator Barbara Boxer to request an investigation by Amtrak’s Office of Inspector General (OIG).  The OIG investigation confirmed that Amtrak subjected Black men working on the Yard to harsher discipline, more dangerous job assignments and abusive treatment.

Amtrak fired Abner in 1995.  At the trial in 1998, one of the white foreman came forward and testified that one Amtrak supervisor regularly performed something he called “the shufflebutt ni–er dance.”  The foreman testified that the white supervisor did his dance in the office at night for the other supervisors’ entertainment.

pyramid-of-prejudiceWe presented evidence of the most despicable racism in any workplace.  The jury found that Amtrak’s management was “grossly unprofessional” and engaged in “questionable ethical conduct.”  The jury also found that the response from Amtrak’s EEO Office was “woefully remiss.”  But, the jury still ruled in favor of Amtrak.

 

Our Trip to the Supreme Court

Fast forward to 2000.  I’m standing in my guest bedroom crying.  We had won the appeal in the Ninth Circuit.  Amtrak had filed a petition for hearing in the United States Supreme Court.  We opposed it.  After months, the Court granted the petition and accepted the case.  I was so upset.  We had waited so long and won the case on appeal.  Robin and Abner had three children: two teenagers and a mentally disabled adult son.  Abner’s firing meant they had to survive mainly on Robin’s income for years.  They had suffered great hardships.  My firm had been tested by the years of unpaid legal services as well.

I called my mentor Howard Moore, Jr., the famous civil rights lawyer who raised me from a pup  lawyer.  The conversation with Howard was very short.  I told him through my tears that the United States Supreme Court had granted the petition for hearing.  Howard said “that’s great kid.  Congratulations! This will be great for your career.” And hung up.

I had no idea what Howard knew.  I would be one of the few Black women in history to argue a case in the United States Supreme Court.  We spent six (6) months preparing for the oral argument.  Bill McNeill and the Employment Law Center offered their assistance as soon as it became public that it was my case.  My team included Bill and his lawyers Jory Steele and Willie and Shelley Gregory.  Of course, Howard agreed to serve as my co-counsel on appeal and sponsored my request to be admitted to the United States Supreme Court bar.

The Fight for the Case

It was not long before lawyers around the country contacted me.  Some offered help with the briefing and strategy on how to win the case.  Others simply wanted to take the case.  There was intense pressure on me to let an “experienced” Supreme Court lawyer handle the case.  I quickly learned that “Supreme Court lawyer” was an exclusive all white male club.  So, I called Howard again.  This time, the conversation was equally short but not so happy.  Howard was angry.  When I told him that people wanted to take my case and argue it for me, he said “If a woman with a degree from Yale and two degrees from UC Berkeley can not argue her own case in the Supreme Court, she should give all of her degrees back.”  And he hung up on me again.

morgan-v-amtrak-1And so that was decided.  Abner Morgan, to his credit, co-signed Howard’s statement by saying that I was his lawyer and he was not going to let anyone else argue his case.  I got it.  So I gathered my wits, my spirit, took charge of the situation and got us all to Washington, D.C.

morgan-04

I argued the case in January 2002.  We “claimed the victory” in my office in Oakland and again in the hallowed halls of the United States Supreme Court.  The Court ruled in our favor in June 2002.  We WON!

The Final Outcome

Winning in the Supreme Court meant that we got to try the case again.  It took another two years to get through the appellate process and back to the trial court.  In May 2004, we tried the case a second time.  pam-with-abner-morganThis time, the jury got it right and awarded Abner $500,000.

After nine (9) years of litigation, Amtrak finally settled the case later that year.

Robin’s blessing finally arrived.  What I can say to anyone reading this who has ever been tested, from a woman of faith who has been blessed and highly favored over and over and who believes in the power of prayer, “hold on. Your blessing is on the way.

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