VOL. 61, No. 44
www.tsdmemphis.com
November 1 - 7, 2012
75 Cents
Obama can get re-elected without popular vote majority INSIDE • TSD nod to President Obama for term two. See Opinion, page 3. by George E. Curry NNPA News Service • African-American Republican says GOP ‘abandoned me.’ See WASHINGTON – Even if President Obama loses the popular vote on Opinion, page 5. Nov. 6, as some national polls are pro- • Polling places and the ballot. See jecting, he could still get re-elected by pages 7–10.
NEWS ANALYSIS
winning in the Electoral College, where he currently holds an edge over Republican challenger Mitt Romney. If that scenario plays out, it would mark the third time that has happened in the nation’s history and the first since George W. Bush entered the White House in 2000 after losing the popular vote to former Vice President
Al Gore Jr. by 500,000 votes. “The Electoral College is a process, not a place,” the U.S. Electoral Colleges notes on its Web site. “The founding fathers established it in the Constitution as a compromise between election of the President by a
vote in Congress and election of the President by a popular vote of qualified citizens.” States have the same number of electors as they have members in their congressional delegation. In addition to the 535 members of Congress, the 22nd Amendment provides that the District of Columbia is allocated three electors and treated like a state under this process. A majority – 270 of the 538 electors – is needed to become president and vice president. Generally, electors are selected by the candidate’s political party and can be counted on to support SEE VOTE ON PAGE 8
The desire to get in under the early-voting deadline wire led this voter to the Glenview Community Center, 1141 S. Barksdale, on Tuesday evening. He wasnʼt alone, with the line stretching from the voting room to the front door. Early voting ends Nov. 1, with Election Day on Nov. 6. See related commentaries on pages 3, 4 and 5. (Photo by Karanja A. Ajanaku)
‘Whoomp! (There it is)’ victory goes to Al Bell Special to The New Tri-State Defender
by Tony Jones
A federal court in Texas has granted Memphis-connected soul music legend Al Bell the rights to his iconic song “Whoomp! (There It Is).” Described by The Hollywood Reporter as “one of the fastest selling songs in music history,” the verdict orders the music firm DM Records to pay Bell after it was established that the company was illegally licensing the use of the song. In Memphis to give a speech on the opening day (Oct. 29) of the Berklee College of Music’s City Music Network Conference at the Westin Hotel downtown, Bell commented briefly on his victory. “They kept trying to muddy the water to try to confuse the judge, hoping that I would get uptight and give up,” Bell told The New Tri-State Defender. “But what they did not know is I’m not the type to believe that a thing can’t be done. I’m from Memphis, Tennessee!” DM bought the song as part of a Chapter 11 bankruptcy sale Bell underwent for his company, Bellmark Records. The sale included at least two other best sellers, “Dazzy Duks,” and Prince’s “The Most Beautiful Girl
In The World.” Bell retained licensing rights to the songs through his song-publishing firm, Alvert Music. Licensing permission and fees had to be approved by Alvert Music before anyone else could Al use the song. This Bell meant that DM Records, or anyone else that had purchased Belmark, could sell the song but not re-sell it without Bell’s permission. The judgment also carried a $2.5 million jury award to Bell, who had fought the case for decades in varied legal venues. Bell said his experience in the industry fed his belief that he would eventually win. “They were counting on the judges not understanding the complexity of song copyright laws. Like most people, they generally understand the legal basis of copyrighting itself, but the complications of song copyrights are entirely another matter, but this judge saw right through it all.” SEE WHOOMP ON PAGE 2
Gov. Chris Christie greets President Barack Obama at Atlantic City Airport in Atlantic City, N.J. before an aerial tour of the damage in New Jersey from Hurricane Sandy. (Photo by Tim Larsen/CNN)
Memphis history travels…
Memphis Mayor AC Wharton Jr. views a photograph of Dr. Martin Luther King Jr. during a recent visit to Berlin, Germany. The photograph is part of the Memphis Exhibition Berlin, which features 40 photographic works by the late Dr. Ernest C. Withers and other Memphis cultural and historical attractions, including Stax and the National Civil Rights Museum. (Photo courtesy of Withers Collection and Museum Gallery)
MEMPHIS WEEKEND
FRIDAY
H- 7 2o - L - 5 4o Most ly Sunn y
SATURDAY
H- 8 1o - L - 5 2o P a r tl y C l ou dy
REGIONAL TEMPS LITTLE ROCK NASHVILLE JACKSON, MS
Friday H-79 L-58 H-62 L-40 H-82 L-57
SUNDAY
H- 6 1o - L - 4 3o A. M. Clo udy
Saturday H-80 L-54 H-77 L-51 H-83 L-59
Sunday H-64 L-45 H-59 L-41 H-74 L-49
- INSIDE -
• Bankruptcy: Alternatives. See Business, page 6.
Superstorm damage turns rivals into teammates Obama takes in damage with New Jerseyʼs Gov. Christie CNN
by Kevin Liptak Normally rivals, President Barack Obama and New Jersey Gov. Chris Christie made no mention of politics Wednesday to tour and assess widespread devastation near Atlantic City, two days after a superstorm left parts of the iconic resort destroyed. “I cannot thank the president enough for his personal concern and compassion for our state
and the people of our state,” Christie said after surveying damage from Sandy in Brigantine, N.J. Obama returned that praise, saying the Republican governor has been “aggressive” in preparing his state for one of the worst natural disasters in American history. “I think the people of New Jersey recognize that he has put his heart and soul into making sure that the people of New Jersey bounce back even stronger than before. I want to thank him for his extraordinary leadership and partnership,” Obama said. SEE STORM ON PAGE 8
• Conference attunes students to life via music. See Community, page 11.
‘Mass affluents’ work hard for the money
•‘Things’ don’t feed the soul. See Religion, page 12.
by Cheryl Pearson-McNeil
• Kung fu dreaming: The evolution of RZA. See Entertainment, page 14. • Grizz come up short in season-opener. See Sports, page 17.
I found information in Nielsen’s newest report, “Affluence in America: A Financial View of the Mass Affluent,” so interesting that I thought you might, too. Mass Affluents are defined as households with Income Producing Assets (IPAs) of $250,000 to $1 million (not including real estate), reporting actual av-
erage annual income of $105,000. Mass Affluents are 11.1 percent of the population or 13,000,000 households. And we, as African Americans, are represented in these numbers. According to Nielsen’s in-depth report, “African-American Consumers: Still Vital, Still Growing,” developed through our collaboration with the National Newspaper Publishers Association (NNPA), 10 percent of African-American
households earn $100,000 or more. According to the “Affluence report,” Mass Affluents work for the money – heading every day to white collar jobs in management, business or finance; or own their own business(es). Mass Affluent households are broken down into distinct segments, based loosely on differences in age, income and family makeup by SEE AFFLUENTS ON PAGE 2
NEWS
Page 2
AFFLUENTS
CONTINUED FROM FRONT
Nielsen P$YCLE, a household segmentation system. I’ll bet we’ll see ourselves, or someone we know. First, there are the Globetrotters. These are emptynesters older than 65, who have or had six-figure incomes, have paid their dues, are comfortable financially and are spending their free time traveling. Business Class is defined as 50-something childless or empty-nest couples who are kind of “chi-chi-la-la,” as Oprah used to say. You know, the country club lifestyle with an extravagant spending style, scoring high for business and pleasure travel and high-end catalog shopping. Power Couples are described as well-educated, mostly 45 to 54-year-olds with six-figure incomes, no children, designer homes, diversified investment portfolios and love shopping at stores such as Nordstrom and Lord & Taylor. Civic Spirits are over 65year-old retired couples who are anything but retired. These are the activists in our communities – the people who write the letters to the editor and their political representatives. They are also the more cautious investors, ranking high for buying long-term care insurance and residential insurance for their condos. And, the kids are gone. The Family Fortunes are described as college-educated 45 to 64-year-old suburbanites with more children than any other segment, high incomes, expensive homes, multiple investments and an energetic lifestyle who enjoy “pricey” sports like skiing and tennis. Capital Accumulators are 45 to 64-year-old empty nest suburbanites who pay a great amount of attention to their real estate investments, IRAs and 401(k) retirement accounts. These smart cookies have parlayed upper middleclass income into serious income-producing assets and
Tri-State Defender
November 1 - 7, 2012
tend to lead very active lifestyles. Lastly, we have the Savvy Savers. These are well-invested retirees who have raised their children and enjoy low-key lifestyles – like watching sports such as golf on TV and are active in their social clubs. Even though they have invested cautiously and carefully with sizable nest eggs, Savvy Savers take full advantage of senior discounts, coupons and valueoriented travel options. Mass Affluents are increasingly found in the suburbs and exurbs, which are small, prosperous areas beyond suburbs. Analysis of the consumer habits of Mass Affluents also describe this consumer segment as engaged – going online multiple times each day; and as being adopters of highend technology such as digital recorders, tablet devices (31 percent) and smartphones (59 percent). Let’s congratulate our sisters and brothers who have achieved such financial success. If that happens to be you, my message, as always, continues to be the same as my message is for all black consumers: Be sure you’re using your power for good. (Cheryl Pearson-McNeil is senior vice president of Public Affairs and Government Relations for Nielsen. For more information and studies go to www.nielsenwire.com.)
Rear Admiral Earl Gray
Salute on tap for the ‘colors’
ʻIʼm not the type to believe that a thing canʼt be done. Iʼm from Memphis, Tennessee!” – Al Bell, after federal court granted him resale rights to the hit, “Whoomp! (There It Is).” See related story on page 11. (Photo by Yuki Maguire)
WHOOMP
CONTINUED FROM FRONT
The ruling established that as the song’s publisher, Bell was the only one with the right of resale to the tune, an important point due to the Resale value is a big deal in
the advertising and marketing worlds, where song licensing is a multi-billion dollar industry. For example, the 2011 ad campaign by AT&T was based on the public’s instant recognition of “Whoomp! (There It Is).” DM Records attorney Richard Wolfe said the fight is
not over. “This is round one and there are many issues here,” said Wolfe. “Ultimately, this will be decided by a jury and an appeals court in New Orleans.” Bell said he anticipated such a step. He vows to fight until the matter is settled by payment on his behalf.
The Military Order of The World Wars – Memphis Chapter will present the annual Massing of the Colors on Sunday (Nov 4), to honor veterans and the flag. The patriotic program will feature area JROTC, ROTC and military units massing unit colors. The Christian Brothers High School band will provide music and Rear Admiral Earl Gray, USN, Commander, Navy Recruiting Command, will be the speaker. The Military Order of The World Wars supports youth leadership patriotism, national security, law and order, and other precepts that support the Constitution. The venue will be the Church of Holy Communication at 4645 Walnut Grove. The program begins at 3 p.m., with the musical prelude at 2:40 p.m.
OPINION
Tri-State Defender
Page 3
November 1 - 7, 2012
TSD nod to President Obama for term two In 2006, as former Congressman Harold Ford Jr. was making his bid for the U.S. Senate, he brought a bright, first-term senator from Illinois to Memphis for a campaign fundraiser. I met that young senator, who I described at the time as warm, charming and personable while also regal, a dynamic orator, a charismatic personality and a definite star on the rise! It was apparent that there was something unique, transformative and compelling about the senator. Unfortunately for Ford and the voters w h o backed him, that magic did not translate into v i c t o r y, but would nonetheless be sigBarack nificant. Obama Two years later, that senator, Barack H. Obama, became the first African American elected President of the United States of America. This was an incredibly historic feat considering that he rose from near obscurity to leader of the free world in record time after a dynamically inspiring speech at the 2004 Democratic National Convention. The speech signaled the beginning of a new found hope for so many in America; a new hope that this country could actually live up to the true definition of its creed: “We hold these truths to be self evident that all men are created equal.” His words fueled a new hope that this country could hew out a new reality of progress and prosperity from all the work, lost lives, deferred dreams and sustained struggle. Hope emerged that the economy could turn around, that people could get back to work, that teetering, long-standing industries might be revived and restored, that we could live in a safer, freer world and that health care could be made affordable and available for mass numbers of uninsured. That hope manifested into unprecedented voter turnout to make Barack Hussein Obama the 44th President. Also unprecedented was the level of significant challenges facing the country at the time he came into office. Eight years of failed policies had decimated the middle class and made things even more difficult on the poor and working class. President Obama took over having to deal with a failing banking industry, a failed mortgage and housing market, the failing auto industry, the need to insure 50 million uninsured Americans, the continued high-level threat of terrorist acts orchestrated by Osama Bin Laden and Al Qaeda, and the worst economic decline in the country’s history since the Great Depression. Remembering his promises and personifying the hope that his leadership represented, he went to work fixing the banking industry and the housing marketing, fixing the auto industry, and spearheading passage of the historic Affordable Health Care Act to make sure all Americans have access to health care services. He put Osama Bin Laden out of his misery and significantly weakened Al Qaeda, decreasing the SUBSCRIPTIONS: Mail subscriptions to the Tri-State Defender are available upon request. One Year, $30.00; Two Years, $55.00. Domestic subscriptions must be addressed to: Subscriptions, Tri-State Defender, 203 Beale Street, Suite 200, Memphis, TN. 38103. Delivery may take one week. POSTMASTER: Send address changes to Tri-State Defender, 203 Beale Street, Suite 200, Memphis, TN. 38103. GENERAL INFORMATION: Any and all inquiries can be made in writing, by calling (901) 5231818 or by e-mail. TELEPHONE:(901) 5231818. Fax: (901) 578-5037. E-MAIL: Editorial e-mail (press releases, news, letters to editor, etc.): editorial@tri-statedefender.com; Display advertising e-mail (ads, advertising price requests, etc.): advertising@tri-tatedefender.com; Classified advertising e-mail (ads, advertising price requests, etc.): classifieds@tri-statedefender.com; Subscription/Circulation e-mail (subscriptions, subscription price requests, etc.): subscriptions@tristatedefender.com. The Tri-State Defender (USPS 780-220) is published weekly by Tri-State Defender Publishing Co., 203 Beale Street, Suite 200, Memphis, TN 38103. Second Class postage paid at Memphis, TN.
global and domestic threat of terrorism. He has gotten the country and the economy back on the right track with smart policies that build up the middle class and create a path of opportunity for all – instead of just the very wealthy. President Obama did all of this despite unprecedented disrespect, roadblocks by Congress, and a day-one declara-
tion from Republicans that their number one goal would be to make him a one-term President (versus working with him to fix all that ailed the country). Against these odds, he made a way forward for the country. The President has proven to be the leader this country needed and needs to continue moving forward. We can delight in no backwards steps. A
vote for anyone other than President Obama represents retardation of progress from the forward trajectory on which he has put us. Much work remains; work that can only be continued during this President’s second term. The way forward must include continued work on growing the economy, issues for women, issues concerning im-
migrants/Hispanics, certainly a more substantial agenda for supporting better access and quality of life for African Americans and, ultimately, building a country with greater freedom and opportunity for all Americans to pursue their hopes and dreams. That is what a second term for President Obama represents – forward motion on the hope for a better America.
For these reasons, The New Tri-State Defender wholeheartedly endorses President Barack Obama for a second term as President of the United States of America. We encourage all of our readers to go to the polls and vote to re-elect President Barack Obama on November 6.
– Bernal E. Smith II, President/Publisher
Page 4
John H. Sengstacke Publisher (1951 - 1997)
The Mid-Southʼs Best Alternative Newspaper
A Real Times Newspaper
OPINION
Tri-State Defender
November 1 - 7, 2012
• Bernal E. Smith II President / Publisher • Dr. Karanja A. Ajanaku Executive Editor
Half-cent rise in sales tax is right move Right direction for education
Inarguable need for sales tax increase
Some issues rise above the day-today politics of our city. Surely the opportunity to give every child in Memphis an equal and fair start in life is one of them. It is why every Memphian should vote to guarantee that our new school district has the funding that it needs to turn the promise of better schools into reality. The good news is that we can make it happen with a very small increase in our sales tax – only five cents on a $50 purchase. It is a small price to pay for such big dividends in our children’s lives. Many things under way in Memphis are cause for optimism and excitement, but nothing equals the creation of a new merged school district that opens a historic new era for our community. Memphians took a bold step toward a better future when we voted for a new school district. Now we have to make sure the new district has the funding to fulfill its potential. We have a once in a lifetime opportunity to transform our community by reinventing and reinvesting in education. The need for additional funding is inarguable and clear. With approval of a sales tax increase, thousands of our children will have the Pre-K education that research has conclusively proven can transform their lives. In addition, our new merged district enters its first year with a shortfall of about $60 million and the new funding address that gap. A vote in favor of an increase in the sales tax is not only a vital investment in better schools, but it sends a message that we reject those who sow division for their own narrow political interests. Memphians overwhelmingly voted in favor of a new district. Meanwhile, outside Memphis, the towns turned their back on a shared educational future with us, voting to go their own way and to ignore the opportunity for every citizen of Shelby County to share equally in the future of our schools. Now, some of the people who pushed for these separate town school districts are working to defeat the passage of the countywide sales tax increase. That’s because if the increase is approved at the polls, these towns, which have already approved a sales tax increase, will share their sales tax revenues with our new district. If the upcoming vote fails on November 6, the towns will get to keep all of their sales taxes for their schools. Some of the same people who advocated for the towns not to join Memphis in a new district now claim to oppose the sales tax increase because they are concerned about Memphians paying a regressive tax. They have already proven what their true agenda is and there is no question that it is not about acting in the best interests of our city. Yes, sales taxes are regressive, but because of Tennessee law, the two major funding sources for local gov-
ernment and schools are regressive – property taxes and sales taxes. Because of it, Memphians have a choice. If the increased sales taxes are not approved, it is likely that there will Bernal E. eventually be a Smith II property tax increase. Sales taxes may be as regressive as property taxes but there’s one big difference: everyone who spends money in Memphis – including those who commute here to work and those who come here to visit – pay sales taxes. That is not the case with property taxes. Meanwhile, the same opponents of the sales tax increase depend on untruths to sow doubt and confusion. They have suggested if Memphians approve the increase in the sales tax, the money might be spent on things other than education. There’s only one problem: it isn’t true. State law mandates that the $30 million for schools raised from the sales tax increase can only be spent on education. It is illegal to do anything else. These same opponents also mislead when they say that the new district has not made the case that it needs more money. School leaders have already proven that the new district is about $60 million short in the amount of money it needs for the quality school system that we all want. Even with the new revenues, the merged district will have to economize and increase efficiency to balance its budget. Best of all, the new sales tax revenue gives the school district the opportunity to provide Pre-K classes for 4,000 young children, who are now denied access because lack of funds restricts the number of classes available. For way too long, Pre-K has been seen as a good thing to do, but it has not been seen as a necessity. Today, we know better: Pre-K can transform the course of a child’s life, resulting in everything from improved vocabulary to improved attendance to better graduation rates. A Pre-K-12 system is the smartest investment we can make. It pays big dividends and produces better student outcomes and more college graduates as Memphis and the nation compete in a knowledge economy. Our children trust us to do what is right for their futures. That is why we must vote to increase the sales tax rate by one half of one cent. It is our opportunity to act with purpose and resolve. Our cause is too great and the potential too transformative for us to do anything different. (TSD Publisher/President Bernal E. Smith II can be reached via besmith@tri-statedefender.com)
Transportation needs warrant gas tax vote
For years, MATA has struggled with inconsistent funding and consistent cuts in budget. This has created challenges with routes, hours of service, equipment and human resources. The result is inadequate public transportation. With an over 30 percent poverty rate and double-digit unemployment, improved public transportation is critical to greater economic development and employment. Consistent, reliable and safe public transportation is needed for people to get to and from work. The same is true for entertainment, shopping and recreational destinations. The City Council –specifically Edmund Ford Jr. – has finally presented an opportunity to solidify the funding and services of MATA. The proposed tax is estimated to generate $3 million to $6 million dollars annually, all dedicated to MATA. This will allow MATA to solidify routes in areas with the highest demand, extend services to new areas, enhance the fleet with more fuel- efficient buses, improve shelters for waiting customers and improve service overall. Additionally, we must appeal to our Congressman to bring to bear greater federal resources to enhance at higher levels our public transportation infrastructure. Most large cities have secured federal support in strengthening their public transportation. A one-cent tax on gas is also a way to capture revenue from many of those that choose not to live in Mem-
phis, yet work, play and visit the city regularly without contributing to support the infrastructure and services. As state law prevents the levying of payroll taxes and toll/road taxes, this is a smart and fair way to generate additional revenue that improves public transportation and contributes ultimately to improved economic development. Many argue that this is a regressive tax, hitting hardest those with the least resources. Given the limited options, this is a smart and fair approach. Some have fairly pointed out that various taxes were previously approved and levied for one purpose and then used for another. Some say taxes have been levied that were supposed to be short term in nature but later became permanent. Ultimately, this is where the will and role of voters must be exercised. We must become more diligent in holding our elected officials accountable. When they don’t do as they said they would, expose them and vote them out of office. Past failures by elected officials is not reason enough to vote down this measure, which is needed to enhance public transportation. The New Tri-State Defender recommends voters support the proposed one-cent gas tax put forth by the City Council. MATA needs a dedicated funding stream to provide enhanced public transportation services leading to easier access to jobs, services and recreation for more of the city’s residents.
AC Wharton Jr.
Fair election requires thoughtful champions Special to The New Tri-State Defender
By Linda S. Wallace
For an election to be fair, America needs champions with the courage to act and the will to lead. Often, these are ordinary people – the folks who register new voters, regardless of their political party, and offer both Democrats and Republicans rides to the polls. People with this mindset, increasingly, are a rare breed. In the 2012 campaign, one champion, in particular, stood out for me. His name is AC Wharton Jr. and he happens to be the mayor of Memphis, a town linked to the civil rights movement by tragedy as well as by the throngs of citizens who risked their careers and lives to stand up for equality of opportunity. In 2011, the Tennessee General Assembly adopted a photo ID for voting statute that put different-sized burdens on the back of different voters. Wharton, as it happened, represented the people who would carry the heavier load. Residents of Memphis, including me, were waiting hours outside the Department of Motor Vehicles – in 90 degree heat – in a quest to get a state-approved voter ID. Now, Wharton didn’t do what most of us might do: He didn’t shout at the Republicans or embarrass them. Rather, he affirmed, by his action, his own belief in fairness. He pushed Memphis to come up with its own photo ID, one that could be issued through the local library. This way, no senior in Memphis would have to wait outdoors, in sweltering heat, without water or bathroom breaks, for the privilege of casting a ballot. “It was our intent to make voting easier, not more difficult,” Wharton said in a released statement. “In so doing, we knew that we were fighting this battle not just for the citizens of Memphis, but for every city and community across Tennessee where you have seniors, the disabled, and people in general in need of greater access and flexibility in obtaining a valid ID for voting.” Tennessee Republicans said a photo ID for voting law was needed to make certain voters are who they claim to be. If someone shows up with Mary Smith’s voter registration card, how do we know it’s really Mary Smith? Well, let’s pass a law that asks Mary to show a driver’s license, or gun permit, or employee ID, the Republicans said. Wharton, who formerly headed the Memphis and Shelby County Legal Services, had concerns about this plan. It placed a special burden on the elderly and poor in his city. The DMVs in Memphis, which distribute state-sanctioned photo IDs for voting, have some of the longest lines and wait times in the state. (When I got my Tennessee driver’s license at a Memphis DMV center, I stood in line for three hours, just to reach the DMV waiting room. In other more Republican areas of the state, wait times were under 15 minutes.) So Wharton proposed a fair solution: Memphis-issued photo-ID library cards. To obtain these cards, applicants had to submit some of the same documentation requested by the state – leases, utility bills, pay stubs. But no Social security card and no birth certificate would be needed as these add to the cost of complying with the law. Under Wharton’s plan, the state still has far greater certainty that the Mary Smith who shows up to vote actually is the real Mary Smith. But
Tri-State Defender Platform
1. Racial prejudice worldwide must be destroyed. 2. Racially unrestricted membership in all jobs, public and private. 3. Equal employment opportunities on all jobs, public and private. 4. True representation in all U.S. police forces. 5. Complete cessation of all school segregation. 6. Federal intervention to protect civil rights in all instances where civil rights compliance at the state level breaks down
if Mary lived in Memphis, she wouldn’t be asked to carry a heavier burden than her fellow citizens. You might think the state would praise Memphis and bipartisanship for Linda stepping up and S. Wallace taking on some of the fiscal responsibility for implementing this law. They did not. They did not like the idea at all. They argued that since Memphis is not an entity of the state, its photo ID could not be accepted at the polls on Nov. 6th. Eventually Memphis, and two of its citizens, took the matter to court alleging, among other things, that Tennessee’s photo ID law for voting was unconstitutional. After months of legal wrangling, and on the City’s second attempt to challenge the law, the state Court of Appeals ruled that Memphis was, in fact, an entity of the state. As such, its library-issued photo ID was acceptable identification. The court also ruled the Tennessee photo ID law was constitutional, so both state officials and Memphis Officials claimed victory. Last week, however, state election officials appealed the Appeals Court’s ruling to the state Supreme Court. Meanwhile, people using library-issued photo IDs to vote are being treated differently at the polls. They are getting provisional ballots, which has prompted the City of Memphis to fire back by sending a strongly-worded letter to Tennessee Attorney General Robert Cooper demanding that local election commissioners treat photo library cards the same as other valid IDs. All the legal wrangling by the state raises the question as to the original intent behind the photo ID law. Wasn’t the goal to have voters present a photo ID? If so, then why is it state and federal employees can use their work IDs at the polls, but Memphis city employees can’t. Why aren’t all employee IDs accepted at the polls, as they are in other states with photo ID laws. Why is it faculty at state universities can use their college IDs at the polls, but students at the same schools – a vital part of the Democrats voting coalition – cannot? Why is it a gun permit card with a photo is an acceptable ID but a library card issued by the city of Memphis is not? Every fair election requires thoughtful champions willing to stand up and speak out. Fair-minded Americans owe a debt to Memphis and its citizens. This election, while everyone was talking about voter suppression, you worked within the system to develop a way to support the Republican goal, but eliminate the unfair burdens on the poor. Southern towns, with AfricanAmerican majorities that have strong ties to the civil rights movement, have a unique intelligence to offer America. While Democrats complained about voter suppression, Mayor Wharton affirmed his belief in fairness. That approach was powerful. It is not the size of a city that makes it great, but rather the capacity of its people to step up and take on national challenges. (Linda S. Wallace can be reached at theculturalcoach.com) DISTRIBUTION: Tri-State Defender is available at newsstands, street sales, store vendors, mail subscription and honor boxes throughout the Greater Memphis area. No person may, without prior written permission of the Tri-State Defender, reprint any part of or duplicate by electronic device any portion without written permission. Copyright 2012 by Tri-State Defender Publishing, Inc. Permission to Publisher, Tri-State Defender, 203 Beale Street, Suite 200, Memphis, TN. 38103. Back copies can be obtained by calling the Tri-State Defender at (901) 523-1818, 9 a.m. to 5 p.m. weekdays.
My support of a half-cent sales tax increase will give pre-kindergarteners as young as 4 years old an opportunity to acquire the fundamental skills that they need to transition to upper grade levels, college and eventually out into the
workforce. I am a proponent of education and believe all children, regardless of their socioeconomic background, deserve the best education we can provide for them, from pre-school to high school and beyond. Therefore, I’m urging the citizens of Memphis and the unincorporated areas of Shelby County to join me in voting for the countywide sales tax referendum on the Nov. 6 ballot. Memphis is a city on the move and, I dare say, one of the finest in the United States. We are uniquely positioned as a transportation hub and known worldwide for civil rights, the blues, barbeque and biomedical engineering. Our city is also a destination spot for tourists, but we, too, can become a magnet for educational opportunities. Although the amenities of a city set it apart from other cities, it is an educated workforce that keeps the economic growth engine running smoothly. That’s why it is vitally important for us to move expeditiously in the right direction to prepare students with the essential learning tools to compete in the 21st century economy. Memphis is no longer mandated by the state of Tennessee to fund public schools, but we still have a moral obligation to ensure that each student is given a quality education and access to equal opportunities to succeed. It is my goal to build a worldclass public school system, but in order for this to happen, an increase in education funding is needed. According to the education experts, children are better equipped to succeed in life when they start school as early as prekindergarten. Given that student achievement rates in Memphis and Shelby County schools are less than stellar, it is up to each one of us to keep our children from lagging behind academically. I’m supporting the sales tax increase because I believe the investment will pay off for our children. An estimated $30 million of the $60 million generated from the half-cent sales tax increase will be used to fund universal pre-K for all children in Shelby County, which will increase from 2.25 percent to 2.75 percent. There is no greater investment than expanding pre-K for all 4-yearolds. The future of these children depends on how well we prepare them as leaders of tomorrow. When they start out early, they are less likely to fall behind socially and academically and will be in a much better position to succeed in life. If we are going to improve the academic achievement rate, good, effective teachers are needed in the classroom to make this happen. A vote for the sales tax will ensure that the work of the Teacher Effectiveness Measure in the unified school district is continued and fully funded. It may come as a surprise to you, but only 6 percent of high school graduates in Shelby County are considered college ready. That’s a disappointing percentage considering that hundreds graduate each year yet are not prepared to succeed in college or their chosen field. That’s why we must increase the number of college ready students to strengthen the local economy. Education is a top priority in my administration. It is also a priority as well as the mission of the Transition Planning Commission to increase students’ academic performance when the schools merger takes effect in 2013. This is a move in the right direction. So I hope you will join me and vote for the half-cent sales tax referendum. This is an opportunity for you to take part in the education of children in Memphis and Shelby County. Your letters to the editor are welcome. For verification, please include your name, address and telephone number. Mail to: In The Mail, Tri-State Defender, 203 Beale St., Ste. 200, Memphis, TN 38103 E-mail: inthemail@tri-statedefender.com Maximum length: 300 words (subject to editing for clarity)
IN THE MAIL
NEWS
Tri-State Defender
GOP abandoned me During the past year, as my columns have been syndicated to more outlets throughout the world, I have been asked by many leaders in the Republican Party why I am so critical. The short answer is that I am very concerned about the direction my party is taking. It has increasingly become the party of old, white, balding males. To those I have had these conversations with, my response was quite pointed, “Stop questioning my motives and address the issues that I write about.” Last week, John Sununu made another racially incendiary comment towards a prominent black. First, he called President Obama “lazy” and now accuses Colin Powell of supporting Obama only because Obama is black. Sununu is national co-chair for Mitt Romney’s presidential campaign. What has been Romney‘s response to Sununu’s rhetoric? Absolutely nothing. Whether Obama and Powell are black is not the issue; Sununu’s use of race-baiting language is unacceptable. Romney’s refusal to distance himself from the likes of Sununu, Richard Mourdock, Todd Akin, or Sarah Palin is repulsive to me. We are supposed to be a party of principles. Does Romney want to be president so bad that he is willing to forfeit these principles? Do Romney and the Republican Party not understand or care that Sununu has thoroughly offended blacks specifically with his comments about Obama and Powell; but also Americans of good will in general. Why is my party loyalty always called into question when I criticize a Republican who crosses the line into racially charged language? Fortunately, there are a few white Republicans willing to stand up to Sununu. Retired Army Col. Lawrence Wilkerson told Ed Schultz on MSNBC, “Let me just be candid: My party is full of racists, and the real reason a considerable portion of my party wants President Obama out of the
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W h i t e House has nothing to do with the content of his character, nothing to do with his competence as commander-inRaynard chief and Jackson president, and everything to do with the color of his skin, and that’s despicable.” It’s too bad that Romney does not exemplify that same courage. I am a child of God first, then an American, and then a Republican. I will not check my blackness at the door because I am a Republican. The language coming from Sununu and my party is counter to the founding principles of the party that I am a proud member of. So, to those in the leadership of my party, do you really want to know why I come across as “angry” (their words)? Let me tell you a few things I have never stated publically. For many years, I have approached the party and its supporters about underwriting programs to bring together blacks who are Republican or lean Republican so we can weave them into every facet
of the party structure. The answer is always, no! But, twice this year some of these same people have approached me about funding for some election year tricks that they (white Republicans) have conjured up and simply need a black face to execute the plan. On these two separate occasions, these funders were willing to spend upwards of $20 million to have me organize a national campaign to identify blacks who would be critical of President Obama. I was deeply offended by these approaches, but it’s not the first time in my life that I have had similar conversations within the party. So, the party and its funders will spend millions on negative initiatives within the black community, but are not willing to spend a fraction of that amount on something substantive and positive. I joined the Republican Party upon graduating from Oral Roberts University because I believed in the principles the party espoused: lower taxes, especially for job creation for small businesses; equality of opportunity for all; a party based on Christian principles, to name a few. I was brought into the Republican Party by the likes of Bill White, Curtis Crawford, Art Fletcher, Ed Brooke, Bill Coleman, and Sam Cornelius. These are legendary black Republicans who are responsible for me being where I am today.
Once in the party, I was further schooled on Republican principles by the likes of William H.T. “Bucky” Bush (brother to Bush 41), Bert Walker (cousin to Bush 41), George H.W. Bush, Robert Mosbacher (former Secretary of Commerce), James M. Baker (former Secretary of State), and Jack Kemp. These people are part of my political DNA and explain why I am the type of Republican that I am. Sununu could not have existed in the Republican Party that I joined in the 1980s. Donald Trump would not have
been allowed to have a role. “Ole man Bush” (my term of endearment for him) or Jim Baker would not have allowed this to happen because they and the party back then had principles that were non-negotiable. Romney and all the other leaders of the party are too afraid of taking principled stands when it comes to blacks and issues of race. They are too afraid of alienating the right wing of the party. I will not vote for Obama because he has totally insulted the black community at every opportunity (I refer you to his
speech before the Congressional Black Caucus last year as exhibit A); and I cannot vote for Romney because he has basically, with his silence, endorsed the behavior of the likes of Sununu, Todd Akin and Richard Mourdock. I take my stand based on my principles. Romney and the Republican Party, what are you basing your stand on? (Raynard Jackson is president & CEO of Raynard Jackson & Associates, LLC., a Washington, D.C.-based public relations/government affairs firm.)
BUSINESS
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Tri-State Defender
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Insurance:
MONEY MATTERS
Disability, long-term care – What’s the difference? Ladies night…
Robb Hunter, owner of Havana Mix Cigar Emporium, has moved his operation to Peabody Place (just off Beale St.). Last Thursday (Oct. 25), was “Ladies Night.” (Photo by Tyrone P. Easley)
ON OUR WAY TO WEALTHY
Bankruptcy: Alternatives As the nation pushes through the recession, folks have felt the financial strain. For a multitude of reasons, there just doesn’t seem to be enough money to meet obligations for many people. So this month “On Our Way to Wealthy” will focus on alternatives to bankruptcy as well as the various chapters of bankruptcy. Let’s begin our discussion with the debtor –someone that owes money to a creditor. When money is tight and the debtor is experiencing difficulties making ends meet or paying bills on time, filing bankruptcy should not be the very first choice. My sentiments may sound strange coming from a bankruptcy attorney. However, if the problem can be worked out through less drastic means, those alternatives should at least be evaluated, reviewed and considered. Here is a list of alternatives that the debtor may consider prior to filing an actual bankruptcy:
Take no action
Too many people do nothing when they can no longer pay their bills. But avoidance does not fix the problem. The calls and letters will persist. The creditor may even file a lawsuit, obtain a judgment and garnish the debtors’ wages unless they are “judgment proof.” This means that the judgment has no impact on the debtors’ financial situation because they have no assets or income, with no expectation of receiving any and the creditor simply cannot collect any money. After about seven years in most jurisdictions, the debt is removed from the debtor’s credit.
Self-imposed money management
Various situations result in debtors not being able to pay their debts – layoffs, cut back hours and overspending, the most common reason. To reduce debts, the belts have to be tightened and spending reduced. The money saved can be used to pay off debts. By creating a budget and sticking to it, the debtor may have even more funds to apply to debts.
Common ways to reduce spending would be to avoid shopping and less dining out.
Debt negotiation
If the debtor has amounts of cash to use toward settlement of amounts owed, debt negotiation is an option. This strategy can be used on large and small debts. Many times creditors are willing to accept less than what is owed instead of risking no payment at all under a Chapter 7 filing. Keep proper records of settlements just in case you have to prove your payment. Carlee McCullough
Debt restructuring
Some creditors are willing to restructure the debts owed. Delinquent debts can be reduced and renegotiated for a lower interest rate or longer payment term. In many cases, restructuring the debt is less expensive and preferable to a bankruptcy. Some debtors attempt to negotiate on their own. However, I recommend the debtor obtain the services of a lawyer to negotiate and read the fine print of the new agreement.
Loan workouts or ‘short sales’
Debt restructuring can take the form of a loan workout or a “short sale.” Short sales are increasing due to the decrease in real estate values nationwide and the inability of the seller to obtain a purchase price for the debt owed. A short sale is a sale of real estate when the proceeds from the sale are less than the balance of the debts secured by the property and the property owner cannot afford to pay the difference. The mortgage company or lien holder agrees to release their lien on the real estate and to accept less than what is owed. The unpaid balance is known as a
deficiency and in jurisdictions such as California, no deficiencies are allowed after a short sale. Tennessee appears to allow deficiencies, which means the mortgage company or lien holder can pursue the debtor for the difference. A successful loan workout or short sale can avoid a foreclosure action.
Debt consolidation
Some companies offer debt consolidation, which allows debtors to combine their debts into one loan. The benefit of this option is paying one bill rather than many. The downside is making sure that the debtor ultimately is paying less than what was originally owed. Also, take into consideration fees to the consolidation company. Shop around and perform due diligence on any company offering consolidation services.
Loan modification
For those struggling to pay bills, the mortgage is one of the largest and most critical bills to be affected. The first step before filing for bankruptcy is applying for a loan modification, if time permits. Generally, any change in the original terms of the loan is considered a modification. But in this case, we are referring to a change to address the debtor’s inability to remain current on the loan. A loan modification usually results in a change to the loan’s monthly payment, interest rate, late fees, term or outstanding principal.
Credit counseling
Credit counselors will provide advice on how to manage money, offer solutions to financial issues, and may also tailor a personalized plan to help the debtor prevent future financial problems. Credit counseling is mandatory when filing a bankruptcy. Next week: Bankruptcy 101
(Contact Carlee McCullough, Esq., at 5308 Cottonwood Road, Suite 1A, Memphis, TN 38118, or email her at jstce4all@aol.com.)
Disability insurance is designed to protect wages lost due to an illness or accident. Long-term care insurance is designed to help cover costs of health care services provided in your home, a nursing home, a rehabilitation center, or an assisted living facility. Disability insurance addresses lost wages that stem from an inability to work. Long-term care insurance addresses expenses associated with medical care provided to you in your home, a nursing home, a rehabilitation center, or an assisted living facility. Disability insurance policies may address either short-term or longterm needs for income. Short-term disability policies provide coverage on a temporary basis, usually up to several months, while you recover from an accident or illness. Longterm disability insurance provides benefits when a disability is of a more permanent nature. Most longterm disability policies will cover you throughout your working years, usually until you reach age 65. Policies vary considerably in terms of the cost of premiums, the percentage of your prior salary paid out as a benefit and the definition of what constitutes a disability. Long-term care insurance is designed to help cover costs of health care services provided to you in your home, a nursing home, a rehabilitation center, or an assisted living facility. Many long-term care insurance policies provide benefits when you require assistance with activities of daily living such as bathing, dressing, and feeding yourself. Loss of wages typically is not an issue with this type of coverage. Long-term care insurance can be purchased at any time in your life. However, premiums tend to rise
considerably with age and applicants can be turned down due to preexisting medical conditions. Although individuals of any age may receive benefits from a long-term care Charles Sims insurance poliJr., CFP cy, these policies typically are intended to help finance the medical costs of the aged. Why do many financial experts recommend their clients purchase both disability and long-term care insurance? • According to the Social Security Administration, a 20-something worker today has a 30 percent chance of becoming seriously disabled before reaching retirement. • The average daily charge for a semi-private room at a nursing home is $225. The average monthly charge for care in an assisted living facility is $3,293. For more information on disability and long-term care insurance, visit the Insurance Information Institute web site at www.iii.org or talk to your financial or insurance professional. (Charles Sims Jr. is President/ CEO of The Sims Financial Group. Contact him at 901-682-2410 or visit www.SimsFinancialGroup.com. The information in this article is not intended to be tax or legal advice, and it may not be relied on for the purpose of avoiding any federal tax penalties. You are encouraged to seek tax or legal advice from an independent professional advisor.)
TECHNOLOGY
New app pairs Alicia Keys and child-rearing NNPA News Service
Fourteen-time Grammy winner and new mother Alicia Keys has launched an app for kids. The app, which was created through her company, AK Worldwide and Bento Box Interactive, was partly inspired by her experiences in raising her 2-year-old son, Egypt, the singer and entrepreneur told The Associated Press. “It’s a new adventure for me, and I’m really enjoying it,” Keys said. Released Oct. 25 on iTunes for $3.99, “The Journals of Mama Mae and LeeLee” is about a New York City girl’s relationship with her wise grandmother, a story that mirrors Keys’ life. “Mama Mae, you’re here,” LeeLee greets her grandmother in the trailer for the app. “How’d you know that I needed you?” “Grandma’s always know, honey pie, we just do,” Mama Mae sagely replies. And throughout the app, the nurturing character continues to demonstrate that “Grandma knows best,” offering wise sayings or comforting words such as, “Sometimes listening is simply the best medicine,” or “Nothing like a good
old Mama Mae story for what ails you.” LeeLee’s bedroom is the hub of the app, serving as a launching Alicia point for users to Keys read books, play music and write in a journal. Not surprisingly, music is a key element of the app. Not only does it feature original productions by Keys but each story features musical instruments that are relevant to the characters’ cultures. “I thought how cool it would be to be part of something that really allows them (kids) to hear music from different places, different cultures, different sounds,” Keys told the AP. “That’s what we’re able to do with this.” In addition to the software enterprise, Keys is still focused on music. Her fifth album, “Girl On Fire,” will hit stores Nov. 27. Singers and songwriters Maxwell, Bruno Mars and John Legend are among the featured performers. (Special to the NNPA from the Afro-American newspaper)
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NEWS
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STORM
CONTINUED FROM FRONT
He and his team would not tolerate red tape in delivering federal aid to afflicted communities, Obama said, describing a demand he’s made on his team to return phone calls from local and state authorities within 15 minutes. “We go through tough times, but we bounce back,” Obama said in his conclusion. “The reason we bounce back is because we look out for one another. And we don’t leave anybody behind. And so my commitment to the people on this block, the people in this community and the people of this state is that that same spirit will carry all the way over until our work is done.” The presidential tour began when Air Force One landed at an airstrip in the southeastern beach town around noon (CT), where Obama and Christie shook hands on the tarmac and boarded a helicopter for an aerial tour of the damage. Obama traveled to New Jersey with Craig Fugate, the administrator of the Federal Emergency Management Agency. The helicopter tour took the president and the governor over cleanup efforts in Atlantic City and surrounding towns, including Seaside Heights, where a large pier that previously housed a roller coaster has been submerged in seawater. Later, Obama and Christie toured a makeshift shelter in the Brigantine Beach Community Center, northeast of Atlantic City, where 200 spent the night during the storm’s peak on Monday night. At the shelter, Obama praised FEMA chief Fugate, saying he was “the best there ever is” to take the role of managing the federal disaster response outfit. And Christie, a Republican and top surrogate for GOP nominee Mitt Romney, piled praise on the president.
Tri-State Defender
November 1 - 7, 2012
VOTE
CONTINUED FROM FRONT
New Jersey, New York, West Virginia and Connecticut “are really bearing the brunt of this incredible storm,” President Barack Obama told reporters Wednesday after touring damage left by Hurricane Sandy in New Jersey. (Pool photo courtesy of CNN)
“He means what he says,” Christie said, adding Obama had been “working the minute he got here.” Christie’s remarks at the shelter echo his sentiments from the past twenty-four hours, during which he’s extolled Obama as providing an exemplary response to Sandy. Christie said on CNN Tuesday he wasn’t the type to play politics in his assessment of Obama’s disaster response, saying, “when the president does things that deserve praise, I will give him praise. When the president does things that deserve scorn, I will give him scorn.” The scorn has certainly been on display in the past, most recently at the Republican National Convention in August during Christie’s keynote address. At that event, Christie hammered Obama for an absence of leadership characteristics, saying it was “time to end this era of absentee leadership in the Oval Office and send real leaders to the White House.” Asked Tuesday if Romney had a problem with Christie looking at storm damage with the president just six days before the election, a top
Romney adviser offered one word: “None.” Obama was previously slated to campaign in Ohio Wednesday, but the White House canceled those events so the president could devote his attention to the storm’s aftermath. Obama canceled campaign events on Monday and Tuesday as well. Democratic surrogates have been out in force for the president, however, including Vice President Joe Biden and former President Bill Clinton, both of whom live in states that saw damage during the storm (Clinton in New York and Biden in Delaware). Obama is scheduled to return to campaigning Thursday with events in Colorado, Wisconsin and Nevada. Meanwhile, Romney resumed campaigning Wednesday with campaign events in Florida. During the height of the storm Monday evening, the GOP nominee spoke by telephone with FEMA and National Weather Service officials. (CNN National Political Correspondent Jim Acosta contributed to this report.)
the party’s nominee. With the exception of Maine and Nebraska, all states have a winner-take-all system. That’s important for large states, such as California, which has 55 electors or 20 percent of the votes needed for victory. The names of electors generally appear on the presidential ballots in most states. States tabulate the votes of electors in December of an election year before forwarding results to Congress for a final count. A 2009 report by the Congressional Research Service (CRS), titled, “Electoral College Reform: 111th Congress Proposals and Other Current Developments,” stated: “…This system has elected the candidate with the most popular votes in 48 of the 52 presidential elections held since the 12th Amendment was ratified in 1804. The four exceptions have been negatively characterized by some commentators as Electoral College ‘misfires.’ “In three instances (1876, 1888 and 2000), the Electoral College awarded the presidency to candidates who won a majority of electoral votes, but gained fewer popular votes than their principal opponents. In a fourth case (1824), the House of Representatives decided the contest by contingent election because no candidate had an electoral vote majority.” Unlike Gore, who accepted the results after the Supreme Court halted the counting of ballots in Florida and handed down a decision favoring Bush, House Republicans would likely use the outcome to increase their partisan attacks on President Obama. They would most likely call for abolishing the Electoral College, a position they did not take when Bush assumed the presidency after losing the popular vote. By design, the U.S. Constitution is not easily amended. Proposed amendments must be approved by a twothirds vote in the House and Senate and passage by three-fourths of the states, usually within seven years.
Over the past 200 years, more than 700 proposals have been introduced in Congress to reform or eliminate the Electoral College. None have been passed by Congress. The CRS report noted, “In the final analysis, given the high hurdles – both constitutional and political – faced by any proposed amendment, it seems unlikely that the Electoral College system will be replaced or reformed by constitutional amendment unless its alleged failings become so compelling that large concurrent majorities in Congress, the states, and among the public, are disposed to undertake its reform or abolition.” Under the present system, a joint session of Congress will be convened on Jan. 6 to officially count the electoral votes. The vice president and president of the Senate preside over the session and announce the official tally. In the unlikely event that neither Obama nor Romney receives the 270 electoral votes needed to become president, the Republican-led House of Representatives would pick the president and the Democratic-controlled Senate would select the vice president. That means Romney would probably be elected president and Joe Biden would likely remain as vice president. Few political scientists expect that to happen. Every president re-elected in the last 50 years returned to office with a larger share of the popular vote than they had received in their first term. If Obama loses the popular election to Romney, he would be the exception. And if he loses the election and wins in the Electoral College, the strained relations between Republicans and the White House is likely to grow worse. Mark Mckinnon, a political strategist for George W. Bush, told the Washington Post, that if Obama returns to the White House in that manner, “the Republican base will be screaming that Romney should be president, and Obama doesn’t represent the country.” He added, “It’s going to encourage more hyperpartisanship.”
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