Was Different

CIVIL RIGHTS Why This Trial Was Different: Experts React to Guilty Verdict for Derek Chauvin

BY ALEXIS KARTERON, JEANNINE BELL RASHAD SHABAZZ & RIC SIMMONS THE CONVERSATION

Scholars analyze the guilty verdicts handed down to former Minneapolis police officer Derek Chauvin in the 2020 murder of George Floyd. Outside the courthouse, crowds cheered and church bells sounded — a collective release in a city scarred by police killings. Minnesota’s attorney general, whose office led the prosecution, said he would not call the verdict “justice, however” because “justice implies restoration” —but he would call it “accountability.”

Race was not an issue in trial

Alexis Karteron, Rutgers University — Newark Derek Chauvin’s criminal trial is over, but the work to ensure that no one endures a tragic death like George Floyd’s is just getting started. It is fair to say that race was on the minds of millions of protesters who took to the streets last year to express their outrage and pain in response to the killing. Many felt it was impossible for someone who wasn’t Black to imagine Chauvin’s brutal treatment of George Floyd. But race went practically unmentioned during the Chauvin trial. This should not be surprising, because the criminal legal system writes race out at virtually every turn. When I led a lawsuit as a civil rights attorney challenging the New York Police Department’s stopand-frisk program as racist, the department’s primary defense was that it complied with Fourth Amendment standards, under which police officers need only “reasonable suspicion” of criminal activity to stop someone. Presence in what police say is a “high-crime area” is relevant to developing reasonable suspicion, as is a would-be subject taking flight when being approached by a police officer. But the correlation with race, for a host of reasons, is obvious to any keen observer. American policing’s most pressing problems are racial ones. For some, the evolution of slave patrols into police forces and the failure of decadeslong reform efforts are proof that American policing is irredeemable and must be defunded. For others, changes to use-offorce policies and improved accountability measures, like those in the proposed George Floyd Justice in Policing Act, are enough. Different communities across the country will follow different paths in their efforts to prevent another tragic death like George Floyd’s. Some will do nothing at all. But progress will be made only when America as a whole gets real about the role of race – something the legal system routinely fails to do.

Editorial credit: CHOONGKY / Shutterstock.com

Why this trial was different

Ric Simmons, The Ohio State University The guilty verdicts in the Chauvin trial are extraordinary, if unsurprising, because past incidents of police lethal use of force against unarmed civilians, particularly Black civilians, have generally not resulted in criminal convictions. In many cases, the prosecuting office has been reluctant or halfhearted in pursuing the case. Prosecutors and police officers work together daily; that can make prosecutors sympathetic to the work of law enforcement. In the Chauvin case, the attorney general’s office invested an overwhelming amount of resources in preparing for and conducting the trial,

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Experts React/

continued from page 4 bringing in two outside lawyers, including a prominent civil rights attorney, to assist its many state prosecutors. Usually, too, a police officer defendant can count on the support of other police officers to testify on his behalf and explain why his or her actions were justified. Not in this case. Every police officer witness testified for the prosecution against Chauvin. Finally, convictions after police killings are rare because, evidence shows, jurors are historically reluctant to substitute their own judgment for the split-second decisions made by trained officers when their lives may be on the line. Despite the past year’s protests decrying police violence, U.S. support for law enforcement remains very high: A recent poll showed that only 18% of Americans support the “defund the police” movement. But Chauvin had no feasible argument that he feared for his life or made an instinctive response to a threat. George Floyd did nothing to justify the defendant’s brutal actions, and the overwhelming evidence presented by the prosecutors convinced 12 jurors of that fact.

The ‘thin blue line’ kills

Jeannine Bell, Indiana University Like other high-profile police killings of African Americans, the murder of George Floyd revealed a lot about police culture – and how it makes interactions with communities of color fraught. Derek Chauvin used prohibited tactics —keeping his knee on Floyd’s neck when he had already been subdued — to suffocate a man, an act the jury recognized as murder. Three fellow Minneapolis Police Department officers watched as Chauvin killed Floyd. Rather than intervene themselves, they helped him resist the intervention of upset bystanders and a medical professional. They have been charged with aiding and abetting a murder. The police brotherhood — that intense and protective “thin blue line” — enabled a public murder. Police Chief Medaria Arradondo, unusually, broke this code of silence when he testified against Chauvin. Research shows that even if officers see a fellow officer mistreating a suspect and want to intervene, they need training to teach them how to do so effectively. The city of New Orleans is now training officers to intervene. Once training is in place, police departments could also make intervention in such situations mandatory. When some officers stand by as other officers ignore their training, the consequences can be dangerous – and potentially lethal – for civilians.

Minnesota faces its racism

Rashad Shabazz, Arizona State University This verdict reflects a little-known truth about Minneapolis: As the city and metro region have become Blacker and more diverse, police violence against Black people has intensified. This is not to suggest that things have always been good for Black Minneapolis residents. Indeed, Minneapolis’ Black population – a group without political power or visibility – has faced segregation, police violence and Northern Jim Crow policies in its downtown music venues for decades. White Minnesotans and Minneapolitans developed a false belief that somehow they were above racism; that their form of neighborliness known as “Minnesota nice” was an antidote to anti-Blackness and that – most of all – race didn’t matter in a place as nice as Minnesota. That false assumption was easy to believe when the Black population was small, contained and largely out of sight. But Black Minneapolis’ population growth in recent decades, and the torrent of police violence that has followed, proved otherwise. The murder of George Floyd last year and Daunte Wright’s killing in a nearby community last week demonstrate that despite the state’s liberal posture and Lutheran ethic, institutional anti-Black racism is as Minnesotan as ice fishing, untaxed groceries and “ya, sure, youbetcha” memes.l

Editorial credit: Hayk_Shalunts / Shutterstock.com

Alexis Karteron is an Associate Professor of Law, Rutgers University, Newark. Jeannine Bell is a Professor of Law, Maurer School of Law, Indiana University. Rashad Shabazz is an Associate Professor at the School of Social Transformation, Arizona State University. Ric Simmons is a Professor of Law, The Ohio State University.

New Yorkers: Double Masking

Offers Even More Protection Against COVID-19

St Vincent is Burning/

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hearing about the eruption of Soufriere was a shock to both the Diaspora and residents. And even if the volcano was your view daily—as it was mine—an eruption was honestly in the fringes of most people's minds. After all, decades have passed since it has last shown its strength, erupting last in 1979. However, when it started to erupt effusively back in December of 2020, Vincentians were doubtful that it would be explosive. It is now being compared to the worst eruption in St Vincent's history in 1902 when as many as 1,600 people were killed. The St. Vincent and the Grenadines National Emergency Management Organization called the scene a “battle zone."Thankfully, there have been no reports of anyone being killed or injured. Before the eruption began, the government ordered people to evacuate the most high-risk area around the 4,003-foot (1,220-meter) volcano after scientists warned that magma was moving close to the surface. Images shot by the UWI Seismic Research Centre show gray scenes that resemble images from the moon, not a tropical island usually considered a vacation paradise. Prime Minister Ralph Gonsalves said water supplies to most of the island had been cut off and its airspace is closed because of the smoke and thick plumes of volcanic ash moving through the atmosphere. “Agriculture will be badly affected, and we may have some loss of animals, and we will have to do repairs to houses. But if we have life and we have strength — we will build it back better, stronger, together,” he said. Well indeed, on April 9, La Soufrière exploded back to life. April 9 was a day filled with trepidation because the questions loomed if residents were genuinely ready, even with a four-month alert, starting with effusive eruptions before its big explosion. As I heard of the news, I called my relatives back on the island, and as I spoke with the youngest of my aunts, she said, "Kishon, I am emotional because it brought back bad memories from 1979." She reminisced that they were displaced then, and she knew that this would be the same fate for many residents who had to be evacuated. Aunty Rudy expressed her grief: seeing the elderly transferred from their homes, knowing that they had to leave their comfortable beds, showers, and kitchens, for makeshift shelters— schools, churches, or community centers—away from the hazard zones to seek refuge; possibly to a location that doesn't even have sufficient cots or beds to house them. Another relative questioned the structural fitness of shelters, the schools particularly, to safely house evacuees. My cousin Catoya pointed out that the schools had metal or wooden window louvers, which are unfit to completely block ash, one of the most dominant substances expelled from the volcanic eruptions of La Soufriere. It's been a few days now, and Aunty Rudy is working along with my organization Young Black Travelers and the United Vincie Cultural Group of Brooklyn as we raise funds for the dislocated residents of St. Vincent and the Grenadines. After a recent phone conversation with her, she expressed how heartbroken she was and indicated that the shelter residents were highly vulnerable. Aunty Rudy pointed out a particular case of an elderly lady crying uncontrollably, without apparent cause, but she said it was because the lady was displaced after assessing the situation. Aunty Rudy noted that she is concerned about the mental impacts the eruption will have on Vincentians. She also pointed out that the staff at her shelter is doing their very best to make residents as comfortable as possible. She also articulated that residents felt deprived since they now have to line up for everything. Their most basic freedom of independence has been stripped away as a result of La Soufriere's eruption. Some are even afraid to ask for their most basic needs because, after all, Vincentians are a very independent and hardworking group of people. Furthermore, the uncertainty of not knowing when it will end—as eruptions are predicted to persist for weeks and even months—is unsettling. Two of my aunts who reside in New York also reminisce on their experiences from 1979. They tell the story of how the eruptions lasted for months and months. They were away from Chateaubelair for an extended period. It was the 1979 eruptions that caused the two of them to relocate from Chateau to Campdempark, a safe zone now, as it was also considered back then. However, as the eruptions persist, and we use history and the images we have seen—of villages in the north that are now enveloped in ash—as a measure and comparison of La Soufriere's impact, we cannot deny that La Soufriere is a wonder that disrupts. The ash that has fallen is a nuisance that the government of St. Vincent and the Grenadines and the international community will have to remedy significantly since eruptions negatively impact both health and the environment. We know that they all have a long road ahead of them. And when this is no longer world news, many of them will return to their villages to uncover houses with collapsed roofs, as well as livestock and agriculture that has been decimated. From thousands of miles away, I keep a watch on St Vincent and keep hope alive. I hear from relatives and friends how dire the situation on the ground is. It heart breaks my seeing pictures of submerged villages and hearing reports from shelter managers of the state of need, especially water and basic supplies. Hearing from individuals who experienced the 1979 eruption, SVG is now in an even greater state of emergency than they were then. In this increasingly globalized world, we must bring urgency to global leaders to ensure that they do their part to ensure that the small island state of St. Vincent and the Grenadines rebound stronger than before. I must also bring the plea home to the government of the United States to do more. Temporary Protected Status—formally known as TPS—is a remedy. Simply put, St. Vincent is not in the position to accept many of its people who live and work here without documentation. If they return to SVG today, it is almost a guarantee that they will face extremely harsh conditions and possibly cause so many more to struggle even more than they currently are. SVG is experiencing a humanitarian crisis. The Biden Administration the people of St Vincent both here in the US and back home Nevertheless, let's pray that the day comes soon when Soufrière will again return to its state of slumber. And hopefully this time, for decades on end. l

Is Bankruptcy Right for You?

BY CHRIS TOBIAS

According to an article by Yahoo Finance, the pandemic-induced recession has led to a notable number of Black women to declare bankruptcy. This is according to a report by nonprofit bankruptcy, Upsolve. The report came from a bankruptcy questionnaire of 17,000 low-income users over the past year and found that COVID-19 has pushed many to seek bankruptcy protection. Robert Lawless, a consumer bankruptcy expert and a professor at the University of Illinois, confirmed this with Yahoo Finance. He said, “Black people are overrepresented in bankruptcy, and also Black women are especially overrepresented in bankruptcy.”

What is Bankruptcy

Bankruptcy is a financial practice that allows you to officially declare that you cannot repay your debts now and do not see how it will ever be possible in the future. Declaring Bankruptcy is a big step. For some people, there are other ways to get out of debt, like debt consolidation or negotiating with your lenders. However, if your best option for getting out of debt is bankruptcy, then you should take steps to make this financial situation work in the best possible way for you. A financial profession can help you do that. In any case, before you jump into anything, you need to fully decide if bankruptcy is right for you. First, it is important to learn as much as you can about bankruptcy. For individuals, chapter 7 and chapter 13 are the two types of bankruptcy that can be filed. There are other options for businesses and entities. Learn the difference between the two so you can see how they work. If bankruptcy is right for you, you must be aware of your obligations and your lenders’ choices.

Eligibility

Next, check out the requirements for eligibility for declaring bankruptcy. If your debts are too high and your income too low, you probably will not qualify for chapter 13 bankruptcy. On the other hand, if your income is too high and your debts too low, you probably will not qualify for chapter 7 bankruptcy. In some cases, you may not qualify for either and this is a sign that you did not think through your other choices. Consider all of your property and debts if you do qualify. What will happen to your home? Your car? Your retirement plans? Make sure that you understand how your property will or will not be taken. Also, it is important to begin compiling lists of your assets and debts. Remember that some debts cannot be wiped out, like child support payments.

When should you consider filing for bankruptcy?

You may also want to file bankruptcy when you are constantly borrowing money from one credit source to pay another credit source. If you need to start taking cash advances of more than $500 just to pay for living expenses. Do you borrow to meet regular expenses like food and utility bills. You have stopped answering your phone because the only calls you receive now are from creditors. Are there creditors that are threatening to sue you? They have even already taken some legal action against you. You will find that these all are signs that there is something terribly wrong and these are signs that you may want to consider filing a bankruptcy.

Getting Help

Then it comes to the decision of what sort of bankruptcy you need to file for. The most common are chapter 7 and chapter 13. With a chapter 7, you will find that it will wipe all your debt clean, and it will also give you that immediate fresh start. With chapter 13, you will be making payments for three to five years. Once you have all your information compiled, you can begin the declaration process. It is best to work with an experi enced lawyer to complete this task and remember to always be completely honest. Declaring bankruptcy is an opportunity for fresh start and new beginning. l

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8 The Challenges of Fair Housing in New York: What You Need to Know

BY LINDA N. SPECIAL TO CAW

The year 2021 marks the 53rd anniversary of celebrating the Fair Housing Act, which guards against acts of discrimination during the rental, sale, and financing of housing due to race, national origin, religion, or color. In New York State, the Human Rights Law extends to identity, age, status, and legal source of income. Under these provisions, it is unlawful for housing lenders and providers to discriminate based on any of these criteria, including not making required changes to accommodate people living with disabilities. April serves as a month for increasing awareness and efforts toward fair housing rights, recognized as the National Fair Housing Month. In recognition of the mission, the New York State Division of Human Rights (DHR) organized a webinar to cover a statewide discussion on how to break down fair housing factors' barriers with participants from across various agencies in the sector. Facilitated by the head of the agency, Commissioner Johnathan Smith engaged the group of discussants in talking about the various initiatives towards the mission.

Advocacy and Fair Housing

Starting the conversation, one of the panelists, Aaron Carr, who leads the Housing Rights Initiative as the Founder and Executive Director, shared how his nonprofit enforces change through collecting and analyzing data. This data is used for targeting, investigating, and resolving housing issues from various categories of properties. There are four major problems facing housing in New York: half the City's residents are rent-burdened, they spend more than a quarter of their monthly income on rent. Second, there is vacancy deregulation, where a landlord decides to deregulate a rent-stabilized apartment and charge an unlimited rent for financial gains. Unfortunately, the numerous challenges in housing policies have contributed to creating an enabling environment for fraudulent landlords whose gains far outweigh any penalty from defying any housing legislation. What's more, the isolated treatment of complaints by tenants against landlords, on a per-issue basis, the lack of coordinated systemic response encourages landlords and owners to continue in their action for lack of a significant deterrent. According to him, "…systemic problems require systemic solutions," which is the role of his agency— providing enough evidence to contribute to policy changes. Adding a new perspective, Alejandro Ortiz, Senior Staff Attorney at the American Civil Liberty Union (ACLU), shared the program's impact, which he oversees in promoting fair housing. The program, 'The Racial Justice Program', aims to preserve and extend constitutionally guaranteed rights to people often denied. He explains that the program tries to push policies that historically work against some minority groups and people, such as people with criminal records, minorities, and other categories of people. He said, "...the program imposes an obligation on private landlord … after all, there is no clear relationship between a person's criminal record and not allowing someone to live in a house."

How Unlawful Housing Discrimination Looks Nowadays

In exploring some of the practical issues in the field, the Commissioner invited another panelist, Elaine Gross, to share some of their valuable experiences. Their regional civil rights organization in Long Island exposes and tackles the various effects of historical and ongoing structural racism on housing. Her work has used research findings to reveal how structural racism contributes to housing discrimination and segregation. The Founder and president of the ERASE Racism organization revealed that despite the numerous excuses by the realtors and property owners, they often reject the explanations presented as justifications for specific actions. She claims, "fair housing is not about anyone's transaction, it has a contextual framework, so we take into account what has come before." She explained that specific policies, as proven by research, often work against the interest of people of color. Supporting this view, Aaron Carr agreed that stakeholders operating in the real estate sector must be willing to adhere to the rules and regulations to protect the interest of all concerned. "…no reason for breaking local and state fair housing laws, separate the issues …if you can't follow the law, don't be in a real estate business." This view also serves as feedback to the challenges raised by property owners and management organizations' that refuse housing vouchers according to the Section 8 stipulations. A Housing Choice Voucher Program, which serves as a rental subsidy, is run by the federal government under HUD for qualified lowincome tenants. Panelist reveals that some homeowners are skeptical about accepting tenants that are part of the section 8 program. However, with the pandemic and the fallout, they have become open to the idea. Supporting the point, Aaron Carr says, "…so it speaks to your point, there is an awakening… we are in a pandemic where people lost jobs, …we want steady revenue to come in, what is steadier than a voucher from a section 8."

Solutions to the Fair Housing Crisis

Next, the discussions addressed efforts made by different organizations in addressing the challenges created to the section 8 program by previous administrations. Alejandro Ortiz acknowledged the difficulty caused by the policy but also explained that they stopped working with the policy "…at this point, we have been ignoring the policy." He shared the example of the lawsuit filed by ACLU Minnesota against the City of Faribault over its racially discriminatory ordinance targeted at deliberately reducing the number of people of color living in rental houses within its borders. The City's occupancy restriction ordinance affected some people of color disproportionately and served as an example of how government policies contribute to racial injustice. However, despite the obvious, advocates maintain the importance of upholding fair housing legislation, especially as a human rights issue.

Homebuyers and the Fair Housing Law

To discuss prospective home buyers, Elaine Gross reiterated the importance of good information action, citing the report