Malcus Mills of DARE: Just Cause bill would protect RIers instead of big banks


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just cause“Just Cause” legislation “is a response to the foreclosure crisis that would keep tenants in their homes,” Malcus Mill, a DARE activist, told me yesterday in a phone interview. “See, when the bank takes over a home, when they foreclose on a home, they are usually asking the tenants to leave and a lot of the time that puts the tenant in danger of being homeless.”

The bill was considered last session, but was left on the cutting room floor after lobbyists had what Mills called “a poison pill” inserted into the bill. This session, Mills, DARE and others are planning a full-court press to pass the bill to protect Rhode Islanders instead of big banks.

Listen to our conversation:

PSU, Ray Kelly and the nature of protest


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Recent organizing efforts and protests in Providence, most recently, the protest of New York City police commissioner Ray Kelly at Brown University, have not only received the ire of reactionary conservatives, but also established “progressive” voices.

ray kelly protest

Certainly, the conservatives have a lot to lose in capitulating to the demands of groups like the Providence Student Union (PSU) or the organizers of the Kelly protest. Those with opposing ideas of how society ought to be must confront each other. The more dismal component of these debates and contests however, are those allegedly “progressive” voices, who, from the sidelines of any struggle, use their privileged access to the media to denounce the  methods or tactics of organizers. It’s important that this debate between these progressives (and so-called “civil rights leaders”) be settled in favor of an analysis that values justice over civility, promotes the liberation of oppressed people rather than defending the “rights” of oppressors.

So much of the criticism, and in some cases, outright dismissal, of the Providence Student Union (PSU) is focused on their tactics. Caricatured as a “sideshow” and otherwise cheap political theater, the protests and actions of the group seem to be the only thing up for debate in the minds of conservatives and professed “progressives” alike. PSU’s demands to rescind the NECAP standardized test graduation requirement, along with the largely unarticulated contention their work raises – who should decide how and what Providence students learn – don’t seem worthy of consideration.  Perhaps the reason we – so conveniently, it seems, for the arguments of the pundits criticizing the PSU – don’t get anywhere with so-called “education reform” is because no one with formal decision-making power actually wants to change the direction we’re heading. More testing, evaluations designed to undermine teachers’ unions, and privatization of everything, from entire schools to busing. The conclusion one is bound to draw from the focus on superficial aspects of the situation – “how” the PSU goes about making its point- is that whomever is pandering this kind of analysis must have some stake in the status quo. No argument over the PSU’s “tactics” will result in change, especially when the context in which the students struggle to find a voice is almost entirely ignored.

Many critics of the PSU would have us believe that the group’s alleged “sideshow” tactics are unnecessary, some going so far as to say they’re just looking for publicity, not even trying to address a social issue. Yet no one seems capable of articulating how these students might otherwise voice their position in regards to NECAP or any other policy of their schools for that matter. Without a proposed alternative, one is forced not only to question what stake these critics might have in keeping things the way they are, but also where the root of their angry response to the Unions “tactics” truly lies. I would argue this ugly root is actually shaped by bigotry based on age, race, and class.

Coupled with a general fear of change (along with the power and paychecks involved) there is a deep undercurrent of hackneyed prejudice to the majority of the criticisms of the PSU. One could imagine, based on her crude comments, that Board of Education chair Mancuso doesn’t believe any 16 year old should have a say in her own education. I suppose she’d rather decide for students, in private meetings, what and how they will learn (and subsequently, how they’ll be valued as workers and adults). In Mancuso’s myopic, white-washed world, perhaps this is enough to try and wrap her mind around. But, because the PSU is based in Providence, because its members are mostly African-American, Latino, South East Asian, because many come from immigrant families, there is a lot more than the chair’s distaste for kids at stake. Though banal arguments about “tactics” obscure (intentionally in most cases), the fact that racism and class privilege are undeniably present in this situation, anyone savvy enough to understand the history and political-economy of public education in this country should not be duped.

Context matters. It matters in any debate over the Union’s demands, and it matters in one-dimensional diatribes about “tactics.” The real questions we ought to be asking ourselves are: should the students of the PSU (and students in general) have a say in how and what they learn? Who and why might someone argue that they shouldn’t? Why would the PSU employ the “tactics” they have? What other options were and are available to them? These questions, unlike the ones being posed in the majority of commentary, might get us closer to the issues underlying the work of the PSU and the roots of the arguments against them.

Based upon the response from policy-makers, school administrators, conservative and progressive commentators, it would seem that no one criticizing the PSU actually believes students (or perhaps these students) should have a voice in their own education. One of the fundamental beliefs that the PSU’s protests challenge is that administrators, far-removed policy hacks, and, increasingly, profit-seeking education corporations and their consultants, ought to decide how and what students learn.

By organizing – a concept it appears few still understand – the students of the Union are part of a long, dynamic history of how change happens in this country. One of the most prominent examples, the gains of which many PSU critics implicitly or even explicitly in some cases, work to roll back, is the Civil Rights Movement. The foundation of that widespread movement for racial justice was organizing, not the idolatry of Martin Luther King – which many of the Union’s “progressive” critics stake their reputations upon. That foundation was laid by the localized, person-to-person work being done, largely uncelebrated, by Black women in the South. Organizing, against the Jim Crow of the mid-20th century American South, or the current Jim Crow system of mass incarceration, police terror, and yes, a deeply racist education system, means opening the moral, political, and physical space for the oppressed to challenge the system of white supremacy and class domination that day-to-day largely tramples on unhindered.

The direction, militancy, and horizons of the Civil Rights Movement came from those without recognized political power, whose dreams of a different life, fueled by their daily experience of white supremacy, made them uncompromising in their struggle for justice and perhaps even revolution. These “common” visionaries, often pushed the limitations of their alleged leaders, driving the movement on to it’s next important strides towards a racially just society. Those who would seek to denounce the students of the PSU, and thus make crucial decisions for them, rather than with them, would do well to take lessons from history. Again, where do these detractor’s ideas about who should run the public education system derive from? From the brutal, white supremacist and capitalist status-quo. They aren’t doing themselves, or any of us for that matter, any favors by seeking to suppress the liberating energies of the Union’s student organizers. They are, as usual, simply lining their own, as well as the usual suspects, never-ending pockets. All in the name of “progressivism,” or even, “civil rights!”

It should be no surprise that the same antagonists who have been moralizing the PSU’s tactics would apply their reactionary logic to the recent protest of New York City police commissioner Ray Kelly. In the alleged defense of free speech, self-proclaimed civil rights leaders (along with, thanks to the Providence Journal, conservative think-tanks) have admonished the student and community organizers who prevented Kelly from speaking at Brown University. That Kelly was heckled off the stage is being called an “uncivil” disruption of his right to speak and the audience’s right to hear him. These detractors claim that the protestor’s would have been better off engaging in “civil discourse,” held up as the backbone of any progressive change.

Two related points need to be made about Kelly’s “rights,” as well as this vague and much-touted concept, civil discourse. Firstly, since when did rights have nothing to do with power? What tradition of civil rights are these alleged spokespeople upholding? Kelly, wielding his control over the policies and practices of the entire New York City police department, has established a system of race-based oppression, intended to generate fear in the people of color of New York. This is the institutionalized, highly-resourced, and undemocratic (he was appointed, no?) power Kelly holds. In this position, he has had ample opportunity, not only to voice his opinion, but to actually put his ideas into practice!

How does Kelly’s power, and subsequently, despite what many commentators would like us to believe, the breadth of his rights, compare to that of the organizers in the crowd? The organizers had no institutional backing whatsoever, except for those small, mainly volunteer-run institutions they had built for themselves. It should be easy enough to see through the straw man about Brown’s “liberal” professors and “culture.” The self-proclaimed “liberals” being touted as the scourge of conservatism on campus are the ones deriding the protestors! It’s certainly not a liberal conspiracy to toss out someone like Kelly. I imagine that if those “unruly” protestors and their ideas were really running things at Brown, we wouldn’t have seen Ray Kelly on campus at all, let alone for a huge honorarium and in a celebratory fashion.

Moreover, these organizers and protestors were, in the majority, people of color – the targets of policies like Ray Kelly’s (which, by the way, have been the norm in Providence for years, the Providence PD simply does not have a nationally recognized, formal policy of racial profiling. They prefer to deny that profiling exists.) Whatever limited power these organizers have, Kelly’s policies are designed to undermine, using near-constant threat of harassment, violence, and incarceration. Though indignant commentators would surely gasp, it’s clear to these organizers (and to those willing to accept the actual history of this country) that Ray Kelly and his policies are buttressed by hundreds of years of colonization, chattel slavery, and systemic racism, while the protestors instead struggle to overcome these bulwarks of American society.

Are we to believe that, given this glaring imbalance of power, Kelly and the protestors would have been on a level playing field had they simply engaged in civil discourse? Asked polite, but “tough” questions at the end of the man’s speech? Wrote patient and explanatory articles in the Brown Daily Herald? What incentive then would there be for Kelly’s policies of stop-and-frisk to be put to an end, either by Kelly himself (presumably after hearing the protestors impassioned, reasoned arguments) or by public opinion (which might, heaven-forbid, empower people in New York City to resist stop-and-frisk…oh wait, that’s already happening!). How easy it is to moralize in a vacuum! How simple-minded to presume, against undeniable evidence, that there is no imbalance of power mediating our rights. Again, like arguments against the tactics of the Providence Student Union, one must ask: is this innocent ignorance, or are those making these claims protecting something, intentionally obscuring reality, admonishing those who rupture the everyday through protest, to suit their own comforts, “rights,” and privileges?

It’s a massive betrayal on the part of anyone claiming to uphold the banner of civil rights to decry protestors (mostly protestors of color!) fighting the representative of a racist police policy, without even a nod to the fact that racism or massive disparities of power and influence exist in our society. Not content to simply obfuscate the reality of race and class power, some have gone further, infantilizing people’s reaction over an “emotional issue” as a substitute for any real analysis of the situation. Surely New York’s stop-and-frisk policy and the long history of racialized terror from which it springs are worthy of more than a plaintive wail about how they must make people feel!

Perhaps this is related to the bastion of liberal problem-solving, civil discourse, which has been tossed about not only as the reason to disdain the protest of Kelly, but as an inviolable pillar of our “tolerant” society. The alleged leaders called upon to comment on the protest are, rather than championing the rights of those terrorized, locked up, and brutalized by Kelly’s policies, defending their favorite straw man: civil discourse. They would have us believe that impatient and crude activists are always assaulting this discourse and preventing real, painless change from occurring. Kelly’s speech sheds light on what this “discourse” ultimately amounts to. The argument goes that the protestors, rather than “silencing” the commissioner, should have politely heard him out, then posed their challenging, yet civil, questions during the established Q & A. The result would have been a genteel and unremarkable event. And those local policy-makers and police, who only want to fight crime more effectively, would have heard their racist views and practices reaffirmed by an exalted cop, maybe steeling them to push “proactive” policing further in Providence. The Brown undergads on the verge of tears for the display of free-speech bashing would not have had to be so traumatized!

Yet, what were the protestors after? A statement. A statement against clearly racist policies. From the initial request to cancel the lecture (and spend the honorarium somewhere more appropriate), student organizers sought a disavowal of Kelly and the type of world he represents – a world that is anything but civil. If the protest made you uncomfortable, made you fret over rights, perhaps you might imagine (if you haven’t already experienced it like so many others) a stop-and-frisk. Or, consider not just an isolated incident, a one-off of humiliation, terror, and potentially life-changing consequences, but a generalized, daily routine of surveillance and random violence – the explicit goal of Kelly’s policies. One would hope that champions of civil rights would view the depravity of institutional racism as more discomforting than the heckling of a university’s honored guest. US racism was, after all, built within the genteel, civilized society of the plantation South. Not exactly a concept that we ought to be touting.

Between the Providence Student Union’s confrontation over the future of the education system and the uncivil discourse of protesting Ray Kelly, it’s clear that comfortable, establishment liberals, like their forbears, simply will not choose sides, despite an increasingly clear war over the direction of our society. It’s moments like these that expose liberalism’s inadequacies of vision and analysis. How can you participate in the struggle for justice if you become squeamish over challenging the speech of the overseer of a racist police system? How can you envision a new society if your inviolable method of change is limited to civil discourse? Who has access to this realm of discourse? Apparently Ray Kelly was welcome, while the “rude” protestors were not. So those directly impoverished, violated, too often even murdered by the systems you and Kelly quietly debate are to sit on the sidelines, face more incarceration, deprivation, and injustice, until a civil solution is worked out by those worthy of the conference room?

It’s long been time for those shielding themselves from the obvious conflict going on by hiding behind civility to declare a side. For the oppressed may not fit your description of civility. Those on the side of the oppressed might, reasonably, take your actions to mean that you have chosen your side – that of the existing system and its elites. Perhaps, despite the fact that it will not be a civil contest, folks have chosen to fight for a fundamental revolution in society, to fight for their rights to imagine, create, and live to achieve their full human potential. To defend the rights of a man like Kelly against the bold and uncivil action of those his policies oppress is to choose Kelly’s side of history, the losing side.

So, stop trying to build careers by placating those with power and influence, stop demanding civility and start demanding justice, and decide which side you plan to fight with. I for one, will follow the leadership of those bold organizers and protestors who heckled Ray Kelly offstage. I will follow them to victory over racism and capitalism, and I will gladly be uncivil doing it.

Brown, Paxson create ‘Committee on the Events of Oct. 29’


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Christina Paxson

Christina Paxson

The shout down at Brown has led to the creation of the “Committee on the Events of October 29,” said Brown President Christine Paxson today.

The committee will “identify issues that may have contributed to the disruption” and “address the broader issues of campus climate, free expression, and dialogue across difference,” she wrote.

Paxson authored a critical letter on the night of the incident. In this one she writes, “Making an exception to the principle of open expression jeopardizes the right of every person on this campus to speak freely and engage in open discussion. We must develop and adhere to norms of behavior that recognize the value of protest and acknowledge the imperative of the free exchange of ideas within a university.”

Conversely, Martha Yager of the the American Friends Service Committee, a Quaker organization that promotes “peace with justice … through active nonviolence” wrote an impassioned defense of the activists who shouted down Ray Kelly last week in today’s print edition of the Providence Journal (online version here).

“The students and members of the Providence community refused to be devalued. They refused to accept business as usual,” she wrote. “That act of refusal has forced conversation within Brown, and indeed in the larger community, that has the potential of being life changing and profoundly educational for the community.”

Andrew Tillett-Saks writes that social change only happens when civil discourse and civil disobedience work in tandem.

“The implication that masterful debate is the engine of social progress could not be more historically unfounded,” he writes in this post. “The free flow of ideas and dialogue, by itself, has rarely been enough to generate social progress. It is not that ideas entirely lack social power, but they have never been sufficient in winning concessions from those in power to the oppressed. The eight-hour workday is not a product of an incisive question-and-answer session with American robber barons.”

Neoliberal myths and why Ray Kelly protestors did the right thing


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ray kelly protestEvery few years, protestors shout down a conservative speaker at an American University. Every few years, rancorous debate ensues. Yet every few years, the warring sides simply yell past one another; the opponents of the ‘shout-down’ uphold the sanctity of ‘free speech’ while the protestors decry the awful ‘real world impact’ of the conservative speaker’s message.

In the wake of the Brown University shout-down of Ray Kelly, champion of the NYPD’s racist stop-and-frisk policy and racial profiling in general, the debate has resurfaced. Rather than talking past the anti-protestors’ arguments, they need to be addressed directly. The prototypical argument in denouncing the protestors is not a defense of Ray Kelly’s racism. It is twofold: First, that a free-flowing discourse on the matter will allow all viewpoints to be weighed and justice to inevitably emerge victorious on its merits. Second, that stopping a bigot from speaking in the name of freedom is self-defeating as it devolves our democratic society into tyranny.

The twofold argument against the protestors stems from two central myths of neoliberalism.

The argument for free discourse as the enlightened path to justice ignores that direct action protest is primarily responsible for most of the achievements we would consider ‘progress’ historically (think civil rights, workers’ rights, suffrage, etc.), not the free exchange of ideas. The claim that silencing speech in the name of freedom is self-defeating indulges in the myth of the pre-existence of a free society in which freedom of speech must be preciously safeguarded, while ignoring the woeful shortcomings of freedom of speech in our society which must be addressed before there is anything worth protecting.

Critics of the protest repeatedly denounced direct action in favor of ideological debate as the path to social justice. “It would have been more effective to take part in a discussion rather than flat out refuse to have him speak,” declared one horrified student to the Brown Daily Herald. Similarly, Brown University President Christina Paxson labeled the protest a detrimental “affront to democratic civil society,” and instead advocated “intellectual rigor, careful analysis, and…respectful dialogue and discussion.”

Yet the implication that masterful debate is the engine of social progress could not be more historically unfounded. Only in the fairy tale histories of those interested in discouraging social resistance does ‘respectful dialogue’ play a decisive role in struggles against injustice.

The eight-hour workday is not a product of an incisive question-and-answer session with American robber barons. Rather, hundreds of thousands of workers conducted general strikes during the nineteenth century, marched in the face of military gunfire at Haymarket Square in 1886, and occupied scores of factories in the 1930’s before the eight-hour work day became American law.

Jim Crow was not defeated with the moral suasion of Martin Luther King, Jr.’s speeches. Rather, hundreds of thousands marched on Washington, suffered through imprisonment by racist Southern law enforcement, and repeatedly staged disruptive protests to win basic civil rights.

On a more international scale, Colonialism, that somehow-oft-forgotten tyranny that plagued most of the globe for centuries, did not cease thanks to open academic dialogue. Bloody resistance, from Algeria to Vietnam to Panama to Cuba to Egypt to the Philippines to Cameroon and to many other countries, was the necessary tool that unlocked colonial shackles.

Different specific tactics have worked in different contexts, but one aspect remains constant: The free flow of ideas and dialogue, by itself, has rarely been enough to generate social progress. It is not that ideas entirely lack social power, but they have never been sufficient in winning concessions from those in power to the oppressed. Herein lies neoliberal myth number one—that a liberal free-market society will inexorably and inherently march towards greater freedom. To the contrary, direct action has always proved necessary.

Yet there are many critics of the protestors who do not claim Ray Kelly’s policies can be defeated with sharp debate. Instead, they argue that any protest in the name of freedom which blocks the speech of another is self-defeating, causing more damage to a free society by ‘silencing’ another than any potential positive effect of the protest. The protestors, the argument goes, tack society back to totalitarian days of censorship rather than forward to greater freedom. The protestors, however well intentioned, have pedantically thwarted our cherished liberal democracy by imposing their will on others.

The premise of this argument is neoliberal myth number two—that we live in a society with ‘freedom of speech’ so great it must be protected at all costs. This premise stems from an extremely limited conception of ‘freedom of speech.’ Free speech should not be considered the mere ability to speak freely and inconsequentially in a vacuum, but rather the ability to have one’s voice heard equally. Due to the nature of private media and campaign finance in American society, this ability is woefully lopsided as political and economic barriers abound. Those with money easily have their voices heard through media and politics, those without have no such freedom. There is a certain irony (and garish privilege) of upper-class Ivy Leaguers proclaiming the sanctity of a freedom of speech so contingent upon wealth and political power.

There is an even greater irony that the fight for true freedom of speech, if history is any indicator, must entail more direct action against defenders of the status quo such as Ray Kelly. To denounce such action out of indulgence in the neoliberal myth of a sacrosanct, already existing, freedom of speech is to condemn the millions in this country with no meaningful voice to eternal silence.

Every few years, an advocate of oppression is shouted down. Every few years, the protestors are denounced. They are asked to trust open, ‘civil’ dialogue to stop oppression, despite a historical record of struggle and progress that speaks overwhelmingly to the contrary. They are asked to restrain their protest for freedom so to protect American freedom of speech, despite the undeniable fact that our private media and post-Citizens United political system hear only dollars, not the voices of the masses. Some will claim that both sides have the same goal, freedom, but merely differ on tactics. Yet the historical record is too clear and the growing dysfunctions in our democracy too gross to take any such claims as sincere. In a few years, when protestors shout down another oppressive conservative, we will be forced to lucidly choose which side we are on: The oppressors or the protestors. The status quo or progress.

DARE on Ray ‘Stop and Frisk’ Kelly shout down


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dareThe ad hoc coalition of college and urban activists who prevented Ray “Stop and Frisk” Kelly from speaking at Brown University on Tuesday have been largely denounced across the political spectrum today. Dan Yorke of WPRO even went so far as to suggest that they be retroactively arrested!

But one person who isn’t (besides Steve Ahlquist and surely Bruce Reilly, who previewed the protest on RI Future) is Fred Ordonez, executive director of Direct Action for Rights and Equality, a Providence group that works with the most disenfranchised members of the community.

Here’s what he said to me in an email:

CONGRATULATIONS! to the Brown students and community members who demonstrated what people power looks like to lost institutions like Brown University, the NYPD and Rhode Island’s policing community. The students showed courage and local community people who are the affected by oppressive police tactics are just plain fed up. Even if it makes some uncomfortable, know that oppressed peoples will continue to resist in any which way they can.

Much of the conversation now seems to be focused on this man’s rights and the rights of those who wanted to participate in legitimizing (though this LECTURE) the oppression his policies cause. It’s no surprise these institutions will continue to try and marginalize the will of the people who were outraged by his invitation, who by no coincidence are mostly people of color.

Free speech and the First Amendment that is supposed to protect it are about public spaces – street corners, parks and the like. For more info, see the recent federal court decision that busted Providence police for violating it, Reilly v Providence. Brown, as a private institution, has never been about free speech. Like most private institutions, they pick and choose very carefully who gets the mic, even more so when they pay a speaker $10,000 to wield that mic as they did in the case of NYPD Commissioner Ray Kelly. Kelly doesn’t have “right” to speak at Brown any more than I have a “right” to be published in HuffPo.

Brown does have a responsibility to be thoughtful and constructive in how it chooses to hire out its forum, and in this regard the university utterly failed its students, the Providence community, and the people of New York who have been terrorized by Ray Kelly’s policies and practices over the past eleven years. Students, some of whom have been victimized by police practices similar to the NYPD’s racial profiling, tried valiantly to engage Marion Orr, director of Brown’s Taubman Center, in constructive alternatives to this travesty. But they were rebuffed. Community members who have battled the racial profiling rampant among Providence police were insulted and angered that instead of showing an interest in the civil rights struggles of the surrounding community, Brown saw fit to surround Kelly with local police officials. The University is apparently ignorant of (or unconcerned by?) the danger faced by our local sons, daughters, neighbors and selves of legitimizing the unconstitutional and racist practices of the NYPD.

Blatantly violating the constitution over an extended period of time, despite repeated warnings of the court, doesn’t give you a right to speak anywhere you want. If the University wants students to sit with their hands folded and mouths shut while Ray Kelly promotes policing strategies that are clear violations of the Fourth and Fourteenth Amendments, perhaps they should just dump massive amounts of Xanax in their drinking water supply, and stop any pretense of telling students to think critically. And even better, they could just acknowledge to the surrounding community that our struggles are merely an inconvenience they would prefer to ignore. If it’s more important to the University to spend a lot of money providing a forum for a hatemonger, than to respect people from Providence to New York and beyond who have suffered the disgrace and humiliation of unconstitutional stops and racial profiling than maybe they need to just be honest and simply embrace the institution’s roots in the slave trade.

In Struggle and Resistance

Open Letter to Gov. Chafee: Sign “Ban the Box”

bantheboxDear Governor Chafee,

Yesterday, mere hours before the House passed “Ban the Box” (5507A) by a 62-3 vote, I spoke with a friend who had been told by a temp agency he is “toxic,” and they could never hire him. I said this wasn’t a good case for litigation under federal law. He didn’t care about suing anyone; he was just feeling down about his job search.  Unlike most of the 2014 college graduates (with dual degree Honors) my friend has a criminal record from age 16.

Later that day, the EEOC settled with one of the largest trucking companies in America. J.B. Hunt will change its blanket policy that prohibits hiring people with a criminal record, and instead follow the federal agency guidelines, that past crimes should be relevant to the job when used for denial.

I went to law school to receive more interviews, to explain why I would be a good fit for the job. I applied to 30 law schools that made decisions on paper, and do not offer interviews. I got rejected by all of them, yet got into half the schools where I spoke with someone.  I’ve since become a positive addition to both Tulane and New Orleans.

I’ve spoken recently with several friends out job hunting.  Some are husky like the actor James Gandolfini or David “Big Papi” Ortiz. Some are not as confident with their words.  Some are next to homeless. All have criminal records and yet none of this impacts their ability to do solid work. Over 150,000 people have gone through the ACI over the past few decades and those of us who “made it” learned to be flexible to survive. We learn to adjust our sights in the job market, but I urge you, as Governor, ensure that nobody has to stop looking.

Those of us with criminal histories, recent or long past, are your residents, your voters, and your people. We have families. Our children depend on us to set an example and pay the bills. We are looking to erode barriers after we have served our time. When we fail, the pain transcends past one individual, as we are forced to choose from different, less hopeful, options.  Yet when we succeed, that too ripples outward.  Last year, three of us from the ACI formed Transcending Through Education Foundation.  Just this past week we chose our inaugural scholarship winners from a strong pool of applicants.  These are people making the most of their situation, who are helping others, and we want to give them some support amidst (typically) a sea of negativity.

Those of us living with criminal convictions know that the only way to make up for what we’ve done, to our families and community, is to persevere and overcome the barriers. Returning to prison because we couldn’t find a job isn’t good for anyone. Fear is what fuels customs of exclusion. Not knowing someone makes it almost understandable. But such customs have been struck down and driven out of America in the past.

When we went door-to-door in 2006 to talk about voting rights, we learned that folks of all varieties believe we are all still residents, and everyone deserved a second chance. When we started awareness around Ban the Box, we’ve seen the growth of similar support. These are all pieces of a larger fabric to mend, to truly weave us into We The People. A people all in it together.

I raised this issue during your 2010 campaign and you responded as genuinely concerned and supportive.  Governor Chafee, please stay that course and sign this bill.

Sincerely,

Bruce Reilly

Bruce Reilly is a former organizer with Direct Action for Rights & Equality, current treasurer of Transcending Through Education Foundation, and a summer Ella Baker fellow for the Center for Constitutional Rights.  He is a third year law student at Tulane University, and continues to volunteer as a member of FICPM, VOTE, and National Lawyers Guild.  He will always be a member of DARE.

Banks flout landlord laws when they foreclose on rentals


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ForeclosureThe foreclosure crisis hasn’t only been bad for members of the ownership society, it hit renters hard too. Oftentimes, when landlords can’t pay their mortgage, it’s the tenants who lose their home. A bill before the General Assembly would change that by making banks adhere to the same rules that other people who profit from property have to follow.

According to Christopher Rotondo, of Direct Action for Rights and Equality, an organization that advocates for marginalized Rhode Islanders, the bill “would mandate banks accept rent from tenants who live in buildings that bank owns because of foreclosure. The title refers to “just causes” for eviction which are established by RI landlord-tenant law. The bill clarifies banks’ ambiguous role as a landlord under that law.”

Rotondo added, “If our bill became law, a bank – just like any landlord – would need a “just cause” to evict tenants (and the bill makes clear that people must be “bona-fide” tenants, not squatters). Currently, bank’s general practice is to evict all of the residents once they take over a building, even if those tenants are up to date on rent and have done nothing to warrant eviction.”

In short, the bill protects tenants from being punished for their landlords actions while closing a loophole banks were taking advantage of. It makes a lot of sense and, after meeting with industry lobbyists eight times and agreeing on language, advocates were looking forward to smooth sailing through the committee process. But in true end-of-the-session fashion, there are some last minute changes that Rotondo said violate their previous agreements.

“We were stunned to find out that House leadership had changed our bill right before it was scheduled for consideration in House Judiciary,” Rotondo said. “We’d like to make clear that House and Senate leadership are siding with banks and against residents on this important issue.”

Rotondo sent me an email detailing DARE’s opposition to the amendments:

– Our bill makes banks that take over ownership of foreclosed buildings accountable to the RI Landlord – Tenant Act. This would mean a bank would be responsible for conditions, accepting rent, and other provisions of the act (just like any other landlord in the state) and tenants would be required to abide by the laws provisions as well. Our goal with the bill was to clarify banks’ ambiguous role as property owners, especially when those properties are occupied, by making the same laws apply to them as currently apply to all other landlords.
The banking lobby wanted to be exempt from the RI Landlord-Tenant Act, but still wanted to collect rent from the tenants!
– Our bill mandated that banks maintain (law-abiding, rent-paying) tenants until the house is sold to a third party. Once a purchase and sale agreement was signed, the bank could evict tenants without just cause, if the purchaser made it a condition of the sale.
The banking lobby wanted to limit tenancy to 120 days, at which point tenants could be evicted without just cause. I was told this 120 day provision was included in the bill that came down from House leadership. A federal law already protects tenants in foreclosed property from eviction for 90 days. This means the bank lobby only wanted to extend the time allotted a tenant by 30 days.
– Finally, the bank lobby introduced a sunset clause into their “compromise” during the study commission, which would make the bill sunset on December 31, 2014. They claimed that the foreclosure crisis was a temporary situation and that the law would not need to remain on the books.

We did not agree to this sunset provision, given that our bill has a natural sunset – when the housing market recovers, and banks are no longer foreclosing on loans, or maintaining ownership of foreclosed property, the law would simply not apply. Their proposed sunset is the same date at which the federal law – the Protecting Tenants in Foreclosure Act – would sunset.

Move RI Beyond the Box: Stop Job Discrimination


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Ban the Box legislation was heard this week at the State House. (Photo by Dave Fisher)

This past week, the House Labor committee heard from “Ban the Box” supporters, including a short film to illustrate the challenge of finding employment, and a new life, with a criminal past.

The film (available here) makes the case for House Bill H5507, known as “Ban the Box.” This piece of legislation removes that question, “Have you ever been convicted of a crime?” from job applications and provides key protections against employment discrimination for people with records. The bill is sponsored by House Representatives Slater, Chippendale, Williams, Almeida, and Diaz.

The film features employers and job applicants who would be directly affected by the legislation. Additional interviewees include Michael Evora of the Rhode Island Human Rights Commission; AT Wall, Director of the Rhode Island Department of Corrections; Misty Wilson, Organizer at the community organization Direct Action for Rights and Equality (DARE)  as well as some of the bill’s sponsors. In the film, AT Wall calls employment opportunity “the key pillar” to success re-entry and Michael Evora says that Ban the Box is “one of the most important civil rights issues of our time.”

Opponents are uninformed, or hoping you are.

The Attorney General has been less-than-accurate in his depiction of the law and liability, by saying that it would be “unlawful,” under the legislation, for an employer to deny an applicant a job “based on his or her criminal record… [unless] there is a direct relationship between one or more of the previous criminal offenses and employment sought.”

“This act would open every employer in the State, both public and private, to civil liability in the hiring process that may actually have a chilling effect on new employment opportunities.”

There are three other reasons an applicant can be denied:

1.  A state or federal law prohibition (such as many school, health care, law enforcement, or CEO positions);

2.  Applicant is not bondable;

3.  “unreasonable risk to property, or to the safety or welfare of specific individuals, employees, or the general public.”

It is impossible to anticipate any specific judicial interpretation of these reasons, as facts of every case will vary.  However, one can safely assume that no RI governor has appointed any “anti-business” and  “pro-criminally convicted people” to the bench.  If so, I missed it.  The fear mongering, of scaring businesses to steer clear, is (a) missing the realities of a statewide economy, and (b) overlooking the fact that Connecticut and Massachusetts have similar laws.  This bill is also consistent with EEOC policy on the subject.

Many have overlooked that this law would only apply in scenarios where an applicant has already been offered a job, and then the employer wishes to revoke it based on a criminal record.  Clearly the applicant has shown some job-worthiness.  Considering most applicants will be people who never went to prison, or recently served small time for a small crime, it would be difficult for someone to “go straight” if years need to tick by… without crime and without a job.

Some have hypothesized that creating a few rules in the employment process violates the freedom of a business or organization to operate freely.  Yet this is a right that nobody alive ever enjoyed, as the tax code and regulatory agencies have long subjected businesses and organizations to codes and laws.  They have hypothesized that attorneys will file “frivolous” lawsuits, although this would open up such attorneys to sanctions under Rule 11 of the state and federal court rules.  Considering all the other avenues for “frivolous” lawsuits, there is no indication that this will now create a new windfall.  If one were to file, they might use the federal Fair Credit Reporting Act, one of the few statutes that provide for attorneys fees.  The FCRA is currently in effect and there is no allegation of it being used frivolously.

A community must sink or swim together.

The love or hatred in one’s own heart is part of what makes us all human.  Most of our beliefs are developed over time, and impacted by our families, schools, neighborhood gossip, television, social media, government policy and more.  Policymakers, unlike private citizens, do not have the luxury of saying “I don’t care,” about a particular dilemma; nor are they allowed to have divisive beliefs.  Not, at least, if they are trying to develop and build the health of their entire districts.  Public policies such as drug prohibition, sending our youth off to war, or the refusal to provide a comprehensive mental health plan, have both intended and unforeseen consequences.  Among them is narrowing of employment opportunities after labeling people with a criminal record.

Opponents to the legislation tend to characterize the systematic discrimination and exclusion of people from the job market as fair and responsible.  The lifetime of punishments are placed on the shoulders of someone who broke the law, with little (if any) consideration to how long ago and how petty the offense(s) may have been.  It is an understandable position to take when placed in the context of America’s long struggle with discrimination.  Finally, perhaps, discrimination that everyone can agree upon?  Yet just like the ostracism of Black people, women, Latino, gay, and transgender people…most  Americans ultimately recognize everyone’s basic human dignity and right to a live in an inclusive society.

Over 100,000 ACI ID numbers in two decades.

When times get tough, such as during a serious lack of available jobs, it is tempting to fragment off and find a “Them” for an “Us” to rise up above.  This will not work.  We are too intertwined, too interdependent.  In the past 20 years, the Adult Correctional Institutions have assigned over 100,000 identification numbers, most of which went to Rhode Island residents.  Every one of them is more than a number.  And as an employer in the film points out, many will work harder than others because they have something to prove.

This film is part of a larger project documenting the effect of criminal records on employment and re-entry. The film is produced by a team of Providence-based artist and film-makers, Rachel Levenson, Emmett Fitzgerald, Adrian Randall, Jonah David, Victoria Ruiz and Casey Coleman. Numerous community members and organizers have contributed to the writing and production of the film.

Media requests can be made to Rachel Levenson at rachelannalevenson@gmail.com

Bank of America Protest: First PVD, Then NC


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A recent DARE rally in front of the Bank of America in downtown Providence. (Photo courtesy of DARE)

After a protest in front of the downtown Bank of America building this afternoon at 5pm, about 15 Rhode Islanders are heading off to Charlotte North Carolina to join thousands of others from across the United States to protest at the bank’s annual shareholder’s meeting.

Today’s action in downtown Providence in front of the Superman building, said Christopher Rotondo, of DARE or Direct Action for Rights and Equality, “is so Bank of America knows there is a local group here in Rhode Island taking up these demands.”

The demands, according to a DARE press release:

  • Principal reduction for all homeowner and full restitution for all those who lost homes. Bank of America has promised principal reduction to current value for 200,000 households. That (verbally) goes much further than any other bank in the recent Attorney General’s settlement. We therefore demand a principal reduction plan byall banks.
  • Banks should hand over all their unoccupied, foreclosed housing to community and non-profit ownership that is not  subject to foreclosure or speculation
  • Reparations to communities of color targeted for predatory lending, including below-market loans to all communities of color
  • We Want an end to evictions and for banks to commit to protecting the right of tenants to stay in their homes by healthy and habitable properties

Members of DARE and the Environmental Justice League of RI will then be taking a new-to-the road bio-diesel bus to Boston before making another 16 hour bus trip to Charlotte starting at 11 p.m. tonight.

DARE has been leading or lending to support to direct action against Bank of America id downtown Providence since October.

Here’s more from release from DARE and the Environmental Justice League of RI:

The rally is part of a massive nationwide effort called 99% Power which Will be protesting outside shareholder meetings across the country to hold corporate America accountable. “Because of big banks like Bank of America, many families don’t have basic rights in  this country. Because of banks like Bank of America, the gap between the rich and the poor is getting Wider. The rich are getting  richer and the poor are getting poorer. We the people bailed out the banks and they don’t feel justified or righteous enough to help  provide jobs or help people in foreclosure,” explains Theresa, Board Glaixperson of DARE. “That’s why DARE and our alliance  called Right to the Gty are going to North Carolina to protest Bank of America, RrtC Wants the people in the city to take back  the city and to build cities that are just, democratic, and sustainable. The banks should not have us, we should have the banks.”

“The E] League understands that foreclosure and eviction are environmental justice issues. Bank of America evícts families and  decimates whole blocks, attracting litter and rats, which impacts the environment and health of the entire neighborhood. Three of  our  Youth members are going to Charlotte to tell Bank of America to stop evicting families and stop bank-rolling fossil fuels  and climate change,” explains Rodriguez-Drix, organizer with the Environmental Justice League.

The Right to the City Alliance will be converging in Charlotte, North Carolina as part of 99% Power to shed light on the divisions  between the 1% and the 99%. Alliance members in attendance include: City Life/ Vida Urbana, Boston., MA, Mothers on the Move  and Community Voices Heard, NY, Miami Workers C/enter and Power U, Florida, Direct Action for Rights and Equality, Providence, RI, Springfield No @ne Leaves, Springfield, MA and the Environmental Justice League of Rhode Island.

Dr. King’s Legacy: RIPTA Called Out by Community to Re-hire Fired Workers


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Next Thursday, on January 19th, at 6:30pm, members of the RIPTA board will be at Direct Actions for Rights & Equality (DARE), answering calls to reinstate two employees who were unjustly fired last month.  The fundamental question is: are  people with criminal histories are sentenced to a life of unemployment?  Even the New York Times has noted that nearly a third of Americans are arrested by the age of 23, but more importantly, the EEOC has long declared that a blanket policy of discrimination violates Title VII of the Civil Rights Act.

Can RIPTA fire employees after the media highlights their criminal records?  They may, but it may come with a cost.  The Rhode Island Public Transit Authority (RIPTA) allowed three people into their training program who had records, and all of the felonies were over five years old.  Two passed the training and made it to be drivers.  Not an incident was reported until the media decided to do a fear tactic story, about who was driving folks around.

Within four days of the story, RIPTA Chairman of the Board, Thom Deller (who has his own controversies over a long and peculiar government career) announced that the two drivers are not on the road.  The bus drivers union, meanwhile, held  a “No-Confidence” vote of the RIPTA CEO Charles Odimgbe.  Union President John Harrington says “We believe in second chances, but there was a lack of good judgment hiring those individuals…”  And therein lies the rub: when will it be good judgment?

Over 10% of Providence residents, for example, are actively on probation or parole.  Far more than 25% of the city has a criminal record.  Over 50% of Black men in Providence have criminal records.  These records range from petty to serious, recent to distant, with each subsequent charge being enhanced both in name and punishment.  Ultimately, petty crimes for those with extensive histories result in major prison sentences.  In general: those who have no felonies over the past five years have been faring well.  At what point are they employable?

It is poor public safety policy to take a cross-section of any community and say you are not allowed to work.  It is a sign of poor leadership if a community stands by as a bulk of the workforce is labeled “persona non grata,” and there is no pathway back into society.  What is the message the legislators and the RIPTA Board are sending?  The one I hear is “We don’t care where you look for work, just don’t look for work around here.”  This translates into, we don’t care how you feed and house yourself, just go away.  Yet there is no place else to go… except prison.

What is the message being heard by millions of people across the country who have criminal convictions?  By tens of thousands of Rhode Islanders not lucky enough to work for an aunt or uncle?  That message is clear:  Don’t bother looking for work.  Don’t bother getting an education.  Don’t bother obeying the rules.  Personally, I do not like that message one bit, yet I have heard it loudly for quite some time.  It means more people quitting after ten rejections in their job search, when perhaps the eleventh application would have paid off.  It means more drug sales.  More breaking into businesses late at night looking for a means to eat and sleep.  It means that people I care about are likely to end up on either end of a gun.  It means someone I know may carjack someone else I know, with one mother in a visiting room and the other at a funeral.

It is unfortunate to read statements by the bus drivers’ union that fail to support the workers.  Dr. Martin Luther King’s birthday is January 15th.  A national holiday for a man once vilified by the American government.  MLK famously led a bus boycott that resulted in a full integration of the drivers, and a change in the “Back of the Bus” policy.  With RIPTA already poised for further cuts, would they like a boycott by the people with criminal records and their family members?  Are such customers only good enough to buy a ride, but not good enough to work there?  A boycott of any scale and sustainability would possibly eliminate RIPTA altogether, and might be easy to do with one of the highest fares in the country.

From the days of “No Irish Need Apply” to Jim Crow segregation, courts and lawmakers have ultimately responded to a public that demands a right to regulate its own communities.  Title VII is just one avenue to attack systemic discrimination that links racial disparity with the effects of our current criminal justice system.  The people are on the rise in this regard.  Whether it is the recent victory in Detroit to “Ban the Box” on job applications, or Gov. Cuomo’s ability to extract millions from companies who discriminate based on criminal records, it is becoming more expensive to hold the Puritan line of a chosen people ruling over the outcasts.

A coalition of groups, led by DARE and RI Community of Addiction and Recovery Efforts (RICARES), will be pursuing legislation this year that has received growing support to Ban the Box, including Providence Mayor Angel Taveras, House Judiciary Chair Edie Ajello, House Labor Chair Anastasia Williams, Minority Leader Brian Newberry, and Republican Rep. Mike Chippendale.  Representative Scott Slater  has been the primary sponsor of a bipartisan bill to address this very issue.  Ironically, the legislation is designed to give people a chance in the application process, to prove themselves as the two RIPTA employees did.  Only courage and wisdom of administrators can keep people employed once a negative portrayal comes out in the media.

Public transportation is primarily used by the poor and people of color; people who are highly policed and often know quite a few with a blemish on their record.  It is a shame to see elected and appointed leaders publicly state their assumptions that having a criminal record equates to being a bad person, a bad worker, or a danger to strangers.  To have no judgment process, no filter, is to say that all people without criminal records are equal.  They are all of the same intelligence, same work ethic, same moral standard, and should be awarded or punished all the same.  Those who paint broad strokes are clearly ignorant, because they certainly do not have enough experience with the huge percentage of America who have been arrested and processed through our criminal justice system.  Ignorance may get people elected, but it shouldn’t keep them in power.

Youth Offer Transportation Solutions

Transportation is under siege in Rhode Island.  Funding for RIPTA is limited and many are outraged at proposed route and service cuts. Providence youth have experienced barriers to affordable transportation since 2009 when state legislation decreased funding for the state’s health insurance plans; a source of most school bus passes.  Equipped with extensive research and passion for change, a group of youth is taking a unique approach to the problem.  The leaders of Youth 4 Change Alliance (Y4C) are creating solutions and inviting others to be a part.

Y4C, an alliance comprised of four non-profit youth organizations—Direct Action for Rights and Equality (DARE), the Providence Youth Student Movement (PrYSM), Young Voices, and Youth In Action (YIA)—has been pushing for more youth voice and influence in institutional bodies of power.  After a year of research the youth-driven alliance is launching their Transportation 4 Education Campaignon Tuesday, November 8, 2011, 5:30 to 7:00pm at The Salon, 57 Eddy Street, Providence.

The campaign launch, although youth-led, hopes to engage the whole community with opportunities to be a part of the solution.  At the event stakeholders, community leaders and youth will learn what it’s[Invalid video specified] like to walk in the shoes of a Providence youth.  Providence schooling and transportation data will also be released.  The event will include interactive twitter Q&A sessions, an action auction where stakeholders are asked to commit to joining the campaign and prizes for youth participants.  The event is free and open to the public.

Transportation 4 Education campaign aims to decrease student barriers to attending school.  Through a process of research, community building and developing concrete solutions, the youth-driven alliance will make lasting change for Providence youth.  Y4C is dedicated to obtaining affordable monthly bus passes for all Providence public high school students who live more than one walking mile from their school.  Y4C seeks to partner with the City of Providence, Providence Public School Department, RIPTA, business and community leaders to leverage creative funding for this education investment.

At the “Civil Rights Under Attack” Forum

The RI Mobilization Committee sponsored an interesting array of speakers Wednesday night at the Beneficent Church in downtown Providence centered around the theme of Civil Rights. First up was Iman Ikram Ul-Haq, from Masjid Al-islam mosque, North Smithfield, who talked about Islamophobia. The Iman made some interesting observations about the recent attacks in Norway and the rush to judgement by the media in identifying the attacker as a Muslim terrorist when in fact the man was a white Christian militant. The audience in attendance split during the question and answer session over the idea of free speech. Some felt that free speech includes the right not to be offended, but others maintained that offensive speech needs to be protected. The Iman was very courteous but personally I feel that he should have given more thought as to how to confront Islamophobia in a constructive way.

Next up was Onna Moniz-John, of the NAACP and the Urban League, a tireless advocate for the elimination of racial profiling. She related her ongoing struggle to deal with this issue legislatively, and her disappointment that a bill in the recent legislative session was scuttled at the behest of the police chiefs from the various RI communities. (One of many disappointing outcomes in the latest session.) Racial profiling exists, and needs to be dealt with, and Ms. Moniz-John offered us a real route towards dealing with this problem. She is a very affecting speaker.

Next up was Will Lambek of the Olneyville Neighborhood Association and Marlon Cifuentes, talking about Secure Communities, an Orwellian-named government program that puts people from south of the border on the fast track to deportation without any hint of due process. This program had been ostensibly instituted to deal with the very worst violent offenders, but in practice has been used as a means by which to deport anyone for any reason. Efforts to dissociate states from this program have been successful in some states, including New York, but Attorney General Peter Kilmartin and Governor Lincoln Chafee have both ignored requests to meet on this issue.

Last to speak was John Prince of DARE, who spoke about the Prison Industrial Complex, and his own dealings with it. After serving more than his fair share of time for his youthful indiscretions, Prince has become a tireless fighter for prison reform. I feel that the way a society treats its prisoners is the metric by which the society should be judged. On this count, the United States is not doing so well.

One of the eeriest things revealed this night is how all these various problems are related in such a way as to lead a person of color directly from his malfunctioning school directly into the Prison Industrial Complex. A person may be racially profiled, pulled over, arrested on some pretense, run through the court system, and wind up in jail, beginning a life cycle that may result in years of incarceration. It was pointed out by an audience member that the privatization of prisons and the continuance of the failed war on drugs has created a real profit motive to continue the failing schools and the building of more prisons.

Over all it was a very informative evening of refreshing and positive activism within our community. There is much to be done, and I came away feeling that though the situation is dire, it is far from hopeless if we continue to work on these issues.


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