Featured Entries

September 1, 2009: Newly Launched Bond Fund Partnership to Help Low-Income Immigrant Families in the South

MEDIA ADVISORY FOR IMMEDIATE RELEASE Tuesday, September 1, 2009 Contact: Marty Rosenbluth, SCSJ Immigration attorney (919) 323-3380x111; Marty@SCSJ.org Bob Hildeth Chairperson, National Bond Fund (617) 423-0211 rhildreth@ibsboston.com Newly Launched Bond Fund Partnership to Help Low-Income Immigrant Families in the South Durham, NC – The Southern Coalition for Social Justice (SCSJ) and the National Immigrant Bond Fund (NIBF) have formed a partnership to provide legal and bond assistance to persons arrested by local authorities and detained for removal proceedings. The purpose of the joint project is to: (A) educate the public about the importance of getting out of immigration detention and obtaining an attorney to have a fair hearing; (B) call attention to the problems of local enforcement of immigration law; and (C) provide bond assistance to individuals who cannot otherwise afford to pay an immigration bond. The Southern Coalition for Social Justice is one of few legal organizations in the south providing pro-bono legal support to immigrants facing deportation; this is particularly significant as undocumented immigrants are not entitled to indigent defense or legal counsel. “We are very excited to partner with the National Immigrant Bond Fund – every week I see families whose lives are being torn apart because a father or brother was picked up on a minor and sometimes unsubstantiated charge - and because their immigration status is not current, they are put into removal proceedings without being able to see their families or tie up outstanding obligations. The Bond Fund will help us help more families,” said Marty Rosenbluth, immigration attorney at the Southern Coalition for Social Justice. Bond Fund Chairperson Bob Hildreth states, “the Bond Fund works on a simple principle – we can provide up to 50% in matching funds to enable families to post bond for their loved one – we do this because we believe immigrant detainees should be afforded basic rights and that our current immigration laws are in urgent need of reform.” “Through our partnership, families and communities come to SCSJ with their case, they raise 50% of the bond and apply for a match, and then we can give SCSJ the balance of the bond in the form of a 0% interest loan, which is repaid when the immigration case is completed.” The National Immigrant Bond Fund (NIBF) is a project of Public Interest Projects, Inc. www.publicinterestprojects.org. The Southern Coalition for Social Justice empowers minority and low-income populations to defend and advance their political, social and economic rights. www.scsj.org

More than 1,000 Rally for Healthcare Reform



On Saturday, August 29th, over 1,000 people traveled to Raleigh, NC for an NAACP, NC Fair Share, and HCAN-sponsored rally for healthcare reform. A number of attendees told moving stories about their personal experiences with our broken healthcare system and the need for a strong public option in our reform bill. You can watch video coverage of the event from WRAL.

Rallies were also held in Asheville, Charlotte, Greenville, New York City, and other cities across America. There will be another rally on the steps of the NC State House in Raleigh on September 3rd.

Earlier this summer, SCSJ partnered with NC HCAN to produce a series of five interviews with North Carolinians about their experiences with the healthcare system. These interviews with patients, a small business owner, and a doctor, make in clear how urgently North Carolinians need healthcare reform. You can watch these interviews online here on the SCSJ website.

Also visit Healthcare for America Now to find out how to get more involved in the fight for quality healthcare!

Healthcare Stories

SCSJ partnered with NC Healthcare for America Now to produce 5 interviews with people from North Carolina about their experiences with the U.S. healthcare system. The interviews are below and available on NC HCAN's Youtube channel.











University Apartments



SCSJ is representing the University Apartments Residents Association in their efforts to stop the gentrification of their historic, 71 year old apartment complex in Durham’s West End on West Chapel Hill Street. In late May, University Apartments was bought by Capstone Companies, an Alabama-based developer which specializes in “student housing development." Many families, older community members, and long-term residents call University Apartments home. The building is renowned for its character, with its high ceilings, radiators, a community garden, a compost center, and large French windows. Residents see the acquisition of University Apartments by Capstone as a potential threat to their safety and security, and with already rising rents current residents may be forced to move.

Supreme Court Ruling on Voting Rights Act, Court Upholds Full and Equal Right to Vote

Breaking News: Supreme Court Ruling on Voting Rights Act, Court Upholds Full and Equal Right to Vote On Monday, June 22nd, in a case in which SCSJ joined an amicus brief submitted on behalf of grassroots organizations in the south, the Supreme Court did not strike down any part of the recently reauthorized Voting Rights Act as unconstitutional and instead held that all jurisdictions should be allowed to "bailout" if they have compiled with the Act's requirements. SCSJ argued to the Court that Section 5 of the Act, the "preclearance" requirement, is an important protection for minority voting rights. That provision will now continue to be in effect. Click here to read the Court's 8 - 1 decision.

Help Keep Heirs' Property in Family Hands

Back in the time of Jim Crow, Freeman Beach (www.savefreemanbeach.com) was known as “Bop City,” the only beach for African-Americans in North Carolina which was a destination with a wide variety of nightclubs, great seafood, and plenty of summertime fun. Today, developers are looking to force the sale of the entire property, some 200 acres which has been in the Freeman family for 150 years, through a flawed law that often permits outsiders to compel the sale of family land. Heirs’ property is a term used for land owned by numerous family members who received it as an inheritance from an ancestor who has died without a will. Most common amongst African Americans living in the South, heirs’ property problems happen for a variety of reasons, including a lack of estate-planning resources, as well as a lack of sound legal advice for well-drafted wills. When an ancestor dies without a will, all of the descendants who have a fractional interest in the property own the property undivided. On some occasions, one family member will sell their interest in the land to someone outside of the family, often times a developer. Regardless of how small an interest is held by the developer, they can then force the sale of the property by only proving potential financial damage through a physical division of the land. If land is sold at auction it often sells for far less than its market value, but for more than family members with limited means can afford. In the South especially, land loss among African American families is a significant problem. According to the Land Loss Prevention Project, of the 15 million acres of land acquired by African Americans after Emancipation, only about 2 million acres remain owned by their descendants. Focusing on one state where this problem has been thoroughly researched, the number of black-operated farms in Alabama dropped from 46,032 in 1954 to 1,381 in 1992, a decrease far outstripping the decrease in white-operated farms during that time period. Much of such losses have been attributed to problems associated with heirs’ property. During the recent legislative session, Representative Angela Bryant spearheaded efforts to make North Carolina partition laws more equitable. Specifically, her original legislation would have improved the process through which partitions take place, limited the possibility for self-dealing by attorneys involved in partitions, and guaranteed non-economic factors were considered before family land is auctioned. Unfortunately, strong special interests, most notably the Real Property section of the North Carolina Bar Association, fought these common-sense reforms, succeeding in having some of them stripped from the bill and leaving much work to be done. However, Rep. Bryant pushed forward against special interest opposition, resulting in the Governor signing a bill improving procedural fairness in partition sales, including but not limited to, increasing the time to respond to a petition for partition, assigning representatives to protect the interests of unknown or unlocatable heirs, and underlining the availability of mediation in partition actions. To support this work and encourage further reforms contact Rep. Bryant (www.ncleg.net/gascripts/members/viewMember.pl?sChamber=House&nUserID=574) to thank her for her tireless support of partition reform or contact the Southern Coalition with stories of how your family has been impacted by a partition sale.

Waste dumping proposed near black community

A black community is in close proximity to a proposed sewage treatment plant designed mostly to benefit other areas surrounding them. The proposed Western Wake County Regional Wastewater Treatment Plant would serve the growing needs of Apex, Cary, Morrisville and Holly Springs as well as the Wake County portion of Research Triangle Park south to the year 2030. But black residents near the site say they are bearing the burden of the towns dumping their waste on them without getting the benefit of clean water/sewer lines. Site 14 is adjacent to a black community in New Hill, an unincorporated town near the Shearon Harris nuclear power plant in western Wake County. The New Hill Historic District, on the National Register of Historic Places since 2001, includes two churches – New Hill Baptist Church, built in 1888, and New Hill First Baptist Church, built in 1910, and other buildings with Colonial Revival-style architecture. "I think they need to select another site other than site 14 because that site adjoins our property. It's pretty much in our backyard. The only thing that separates our property from that site is a little creek," said Edna Horton, a resident who has lived in New Hill for over 30 years. Horton, who uses well water, said she is concerned about wastewater contaminating the groundwater if there's a spill. Other New Hill residents, both black and white, are also concerned about the environmental impact. "We feel that if it's put here, it will affect our property value and it will affect our way of life. We feel that no matter what you do, you can't control the odor and at certain times of the year it may be unbearable," resident Johnnie Judd said. Wayne Womble, a Corvette repair shop owner in New Hill, has family that has lived in the area and has been hit by negative environmental impacts dating back to when residents were displaced by the nuclear power plant. "Along with the sewage plant that will come, there could be two 48-inch high pressure lines to power the sewage plant from Apex and Cary that again is going across our property," he said. "We're talking about 30 million gallons a day at full capacity, so a spill would be very dangerous." The site would impact 231 residents, over 75 percent African-Americans, according to the Southern Coalition for Social Justice, a Durham-based multidisciplinary group that promotes justice. "Between 80 percent to 90 percent of the people on the doorstep of the sewage treatment plant are African-American and other racial minorities," said Chris Brook, a SCSJ staff attorney. "The obvious inequity of that becomes apparent when you look at who is trying to build the sewage plant: Cary, Holly Springs, Morrisville, Apex. It basically boils down to an average of about 82 percent white towns trying to build a sewage facility in black folks' backyard." Residents have been opposing the plant since 2005 saying that it's an issue not just about race and environmental impacts, but also about those with more socioeconomic and political power stomping over the little guy. In May 2006, the New Hill Community Association sued all four towns and three mayors over violations, including open meeting laws, but the lawsuit was dismissed by a superior court judge who said they didn't have standing to bring the case to court. In Dec. 2006, the state Department of Environmental and Natural Resources said it didn't consider the towns of Cary, Apex, Morrisville or Holly Springs draft Environmental Impact Statements to be complete, accurate and adequate. Paul Barth, president of the New Hill Community Association, said one of the problems with the EIS. was Western Wake Partners diluted the number of minorities by using a large census tract that went up to Cary instead of focusing on the area right around the plant. In Jan. 2007, WWP hired an Atlanta consultant to conduct a door-to-door survey to try to mitigate the situation. The mitigation plan calls for Apex to build a collection facility next to the sewage plant and provide water and sewage to those immediately surrounding the plant, but the plan only offers water and sewage to a few residents. Also, the cost of connection will be deferred until either the property value rises 50 percent or the property is sold. While a few families support the sewage treatment plant, the vast majority still oppose the site. In Dec. 2007, the U.S. Army Corps of Engineers, which has now taken charge of the process so it complies with state and federal environmental law, did its own door-to-door visits. But their draft EIS released earlier this year was written by consultants of WWP and came to many of the same conclusions of the earlier report. A decision is expected soon. "If it's approved, our next move is to file a complaint with the federal EPA. and look at a lawsuit," Barth said. For more information, visit newhillca.org or www.scsj.org.

Environmental Racism, Government Unaccountability Apparent in Sewage Plant Controversy in New Hill

About twenty miles southwest of Raleigh, there is an historic community that has been struggling to preserve its legacy and future due to the development of neighboring Apex, Cary, and other towns. New Hill, North Carolina, a former prosperous train stop and later a charming town with a along the bustling US 1, a road that was for decades the main route between Florida and the Northeast, reminds us of an earlier time before the sprawl of the Triangle. Home to the neighboring Shearon Harris Nuclear Plant which was built in the 1980s, New Hill is being targeted by again by local towns for a new 230-acre site for a sewage treatment plant, which its residents cannot even use. The New Hill Historic District, which is targeted for the 230 -acre site that was once a family farm, has over 60 buildings that belong to the National Register of Historic Places. Yet this history was “not considered” when the Cary Town Council voted to put a new sewage treatment plant in the center of the historic community. The population within a half-mile radius of the proposed site is about 80 percent African American, and mostly poor and elderly. The towns of Cary, Apex, Holly Springs, and Morrisville are 19 percent minority populations on average. Two Gothic Revival churches and many other historic buildings lie either next to or across the street from the proposed wastewater treatment site, as well as historic cemeteries and hundreds of residents. Many residents remember the construction of the Shearon Harris Nuclear Plant, and remain very frustrated by attempts of larger cities to take advantage of the New Hill community’s lack of political clout and resources to stop it once again. The New Hill Community Association has been fighting this plan for several years now. Check them out in action . The placement of the wastewater treatment plant in the center of New Hill is an example of environmental racism, a term popularized in North Carolina by an African American community organizing against the negative impacts of a hazardous waste landfill. The Western Wake Partner’s proposed $329 million plant in New Hill was pushed by four cities (Apex, Cary, Holly Springs, and Morrisville) in a way that was entirely unaccountable to the desires of the New Hill community. The US Army Corp of Engineers have identified three qualified alternative sites equal or better than the 230-acre site in New Hill’s historic district, which would have little or no human impact or environmental justice concerns. Yet still the leaders in Cary and Apex have continued to push for the construction of the plant in New Hill. Importantly, no decision in regards to the management of sewage residue from the sewage treatment plant have been made or any decision about whether or where it will be applied to land. The environmental impact of where millions of gallons of sewage would be discharged have not been adequately considered, greatly hurting the public’s ability to weigh the impacts of this proposal. On Thursday, August 13, New Hill community members and allies will meet to watch the film "Sludge Diet". We will be meeting at 7 pm at the New Hill Baptist Church at 3700 Old US 1 in New Hill. Everyone is invited to come and discuss the negative environmental, health, and cultural impacts of a sewage treatment plant in New Hill and the steps being taken to stop the plant. If you are part of an organization which would like to support the New Hill community’s efforts to stop the Western Wake Partners attempts to place a sewage treatment in the heart of historic New Hill, check out the resolution here and contact scott@scsj.org.

New Hill Resolution

Resolution to Remove Site 14 as the Preferred Site of the Western Wake Regional Wastewater Management Facility (WWRWMF) WHEREAS, the citizens of the New Hill community have formed an association to oppose the siting of the Western Wake Regional Wastewater Management Facility (WWRWMF) in the center of their community for the treatment of waste from Apex, Cary, Holly Springs, Morrisville and RTP South; and WHEREAS, the New Hill community was not adequately included in decision-making surrounding the siting of this sewage treatment plant. Decisions about the plant were made by parties outside of their community and without meaningful consultation with members of the community who would be directly impacted; and WHEREAS, the population in New Hill most directly impacted by the WWRWMF siting is disproportionately African-American, low income and elderly, meaning the burdens of a sewage treatment plant will be borne by an overwhelmingly black, impoverished, and elderly community for the benefit of overwhelmingly white communities, creating a severe case of environmental racism; and WHEREAS, the proposed site is located in the middle of the New Hill Historic District and near two historic churches, factors that were not considered in the siting process according to a member of the Cary Town Council; and WHEREAS, a final decision in regards to where millions of gallons of sewage would be discharged has not been made, nor have the environmental impacts of such a discharge been adequately considered. This failure to lay out specific plans stymies the public’s ability to comment on the proposal in a fully educated fashion, and also precludes the public from fully weighing the impacts of this proposal. WHEREAS, no decision in regards to the management of sewage sludge residue from the sewage treatment plant has been made. In particular, no final decisions have been made on how sewage sludge will be treated and where it will be applied to the land. This failure to lay out specific plans stymies the public’s ability to comment on the proposal in a fully educated fashion, and also precludes the public from fully weighing the impacts of this proposal. WHEREAS, the US Army Corp of Engineers have identified three qualified alternate sites with characteristics that are equal to or better than Site 14. Two of the three qualified sites are located on Progress Energy property which was previously condemned and taken from New Hill residents for the Shearon Harris Nuclear Plant. Progress Energy has confirmed that their property, none of which have environmental justice or human impact concerns, could be used for the siting of the WWRWMF; and NOW THEREFORE BE IT RESOLVED, that the undersigned community members and groups express their desire for the Western Wake Partners to remove Site 14 from consideration for the WWRWMF.