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New NC voting law facing legal battle

// See //
  See video coverage of SCSJ’s press conference on the federal lawsuit challenging limits to early voting, ending same-day registration, and eliminating…

NC Voter ID law challenged in state court

Hillsborough, N.C. – The N.C. A. Philip Randolph Institute, League of Women Voters of North Carolina, and several individual voters have filed a lawsuit challenging…

Immigration Charges Officially Dropped for Buen Pastor Families

Late last week 22 members of the Buen Pastor Church received final confirmation that the Department of Homeland Security is no longer seeking to have them deported. They had been stopped and detained by Customs and Border Patrol (CBP) in Lake Charles, Louisiana on April 15, 2010, on their return home from Holy Week festivities in Houston, Texas. The church members were awaiting their deportation when they received the news that their cases had been closed. They were subjected to civil rights and due process violations throughout their interaction with CBP including racial profiling, threats to place their children in foster care and mockery for their religious dress. Five of those involved in the proceedings were under 18.

SCSJ hires first Deputy Director!

SCSJ hires first Deputy Director- taking a major step in building its capacity to help in the battle against racism and oppression in the South. Please read the attached press release for the new Deputy Director.

MEDIA ADVISORY: DC District Court Upholds Minority Voting Rights

September 21, 2011 Contact: Domenic Powell (704) 281 - 9911 omenic@southerncoalition.org https://southerncoalition.org DC District Court Upholds Minority Voting Rights Preserves Section 5 of the Voting Rights Act, likely to influence case from Kinston, NC

DURHAM--Today the Federal District Court for the District of Columbia issued a 151-page opinion upholding the constitutionality of Section 5 of the Voting Rights Act in the Shelby County v. Holder case. The decision is a victory for civil rights advocates and communities of color fighting to have their voices heard in elections.

“The opinion includes an exhaustive review of the legislative record,” says Anita Earls, the Executive Director for the Southern Coalition for Social Justice (SCSJ). “The court’s opinion was very careful to lay out the legal standards for a facial challenge and then to apply them to this statute.”

The court concluded that Congress had before it sufficient evidence to justify renewing Section 5’s protections, which requires certain states to submit changes in their election processes to the federal government or the DC District Court for review in order to prevent laws or policies that make it harder for previously disenfranchised minority voters to vote or to participate in elections, also called “retrogression.” This part of the Voting Rights Act was renewed for 25 years in 2006.

The ruling today could go far towards upholding the Voting Rights Act in other local challenges to discriminatory election practices in the near future. With the most significance for North Carolina, today’s decision lays the groundwork for a similar result in Laroque v. Holder, filed by Kinston State Representative Stephen Laroque and pending before the same Judge, in which SCSJ is defending the constitutionality of Section 5 of the Voting Rights Act.

The opinion can be read in full here. ### The Southern Coalition for Social Justice is a 501(c)3 nonprofit organization founded in August, 2007 in Durham, North Carolina by a multi-disciplinary group, predominantly people of color, who believe that families and communities engaged in social justice struggles need a team of lawyers, social scientists, community organizers and media specialists to support them in their efforts to dismantle structural racism and oppression.

MEDIA ADVISORY: SCSJ Encourages City Attorney to Stand By His Ruling Permitting Vaughan to Vote on Landfill

September 13, 2011 Contact: Chris Brook (919) 323 - 3380 ext. 113 chrisbrook@southerncoalition.org https://southerncoalition.org SCSJ Encourages City Attorney to Stand By His Ruling Permitting Vaughan to Vote on Landfill Urges Pollard not to cave to 'specious legal arguments' GREENSBORO--Southern Coalition for Social Justice staff attorney Christopher Brook has again encouraged Greensboro City Attorney Tom Pollard to permit City Councilwoman Nancy Vaughan to vote on whether to award a White Street Landfill contract to Gate City Waste Services. Gate City requested that Pollard reverse his previous ruling that Vaughan must vote on whether to award a landfill contract to its company. This is Gate City’s second effort to exclude Vaughan from voting on their proposed contract. For the first time Gate City now also tries to exclude Councilman Robbie Perkins, while arguing Councilman Zack Matheny should be permitted to vote. “Having failed to convince Greensboro voters of the wisdom of their plans, Gate City now seeks to make an end run around them a month before they go to the polls using an ever-evolving array of specious legal arguments,” says Brook, referring to the letter sent to City Attorney Tim Pollard last week by Gate City attorneys. Gate City first objected to Vaughan’s participation in a vote on their contract when she voiced reservations about re-opening the White Street Landfill to municipal solid waste. They had not previously raised issues relating to Councilmen Perkins and Matheny. “Gate City said nothing for months in regards to their current belief that the City Attorney’s office had wrongly excluded Councilman Matheny and wrongly included Councilman Perkins in consideration of the RFP processes. Only when their multi-million dollar contract was imperiled by Greensboro elected representatives did Gate City make their concerns known,” says Brook in his letter to Pollard. Decisions regarding participation by Councilmen Perkins and Matheny were made in May 2011, making Gate City’s new concerns suspicious. These most recent controversies began on August 16, 2011, when a four-person majority of the Greensboro City Council voted to negotiate with Gate City to operate Phase III of the White Street Landfill without saying a word to explain their selection of Gate City. The letter is available here: http://bit.ly/qWytVi ### The Southern Coalition for Social Justice is a 501(c)3 nonprofit organization founded in August, 2007 in Durham, North Carolina by a multi-disciplinary group, predominantly people of color, who believe that families and communities engaged in social justice struggles need a team of lawyers, social scientists, community organizers and media specialists to support them in their efforts to dismantle structural racism and oppression.

SCSJ Sends Letter to Greensboro Attorney Over Councilwoman Vaughan's Participation in Landfill Vote

August 29, 2011 Contact: Chris Brook (919) 323 - 3380 ext. 113 chrisbrook@southerncoalition.org https://southerncoalition.org GREENSBORO--SCSJ Staff attorney Chris Brook sent a letter this morning (link) to Greensboro Attorney Thomas Pollard urging him to stand firm on his prior ruling that Councilwoman Vaughan is obligated to participate in City Council’s consideration of Gate City’s plan to re-open the White Street Landfill. Gate City recently pressured Pollard into reconsidering his position in order to help them secure the contract. Noting Pollard’s ruling is “well-ground in the applicable authority and consistent with previous opinions from the Greensboro City Attorney’s office,” Brook highlighted the North Carolina law presumption that City Councilpersons must participate in votes unless barred from doing so by a conflict of interest. The Greensboro Conflict of Interest Policy defines a conflict as “a financial or other interest in the firm selected for the award.” In this case, the City Council selected Gate City. Pollard has previously investigated Councilwoman Vaughan’s interests, finding she had “no financial interest, direct or indirect, in Gate City.” Gate City, along Mayor Bill Knight and Councilpersons Trudy Wade, Danny Thompson, and Mary Rakestraw, challenged Vaughan’s participation only after it became clear she might imperil their previous four-person majority in favor of re-opening the landfill. Prior to the elimination of Waste Industries from consideration for White Street management, Councilwoman Vaughan had not been allowed to participate due to her husband’s legal representation of Waste Industries. After Pollard ruled she must vote, Councilwoman Wade even went so far as suggesting the City Council bring Waste Industries back into negotiations to prevent Councilwoman Vaughan from voting. “Fearing it might lose the game Gate City has decided to complain about the rules and the referee,” Brook states at the close of his letter to Pollard. But “the rules are clear: Councilwoman Vaughan’s only conflict relates to Waste Industries. And the referee was right: Councilwoman Vaughan is compelled to vote on this matter of great importance to her constituents.” ### The Southern Coalition for Social Justice is a 501(c)3 nonprofit organization founded in August, 2007 in Durham, North Carolina by a multi-disciplinary group, predominantly people of color, who believe that families and communities engaged in social justice struggles need a team of lawyers, social scientists, community organizers and media specialists to support them in their efforts to dismantle structural racism and oppression.

Nancy Vaughan Can Vote on Landfill; Four Members of City Council Plot to Exclude Her

August 24, 2011 Contact: Chris Brook (919) 323 - 3380 ext. 113 chrisbrook@southerncoalition.org Kay Brandon 336-324-7207 https://southerncoalition.org http://theceej.org GREENSBORO--The already absurd, rushed process to re-open the White Street Landfill undertaken by a four-person majority of the Greensboro City Council has taken a turn for the truly Kafkaesque. Last Tuesday, a four-person pro-landfill faction on the nine-person City Council voted to enter into contract negotiations with Gate City Waste Services. Council members Nancy Vaughan and Zach Matheny were excluded due to conflicts of interest. That changed this Monday when interim Greensboro City Attorney Tom Pollard ruled that “there is no basis to excuse” Councilwoman Nancy Vaughan “from voting on the contract award to Gate City.” Vaughan's previous exclusion was based on her husband having served as an attorney for Waste Industries, another potential landfill operator. With Waste Industries’ elimination from consideration on Tuesday, Pollard found Vaughan no longer had a conflict and was obligated to vote again. If Vaughan voted against the Gate City proposal, the Council would deadlock 4-4, meaning the Gate City proposal would die. In 2001, Vaughan voted with a unanimous City Council to close the White Street Landfill to municipal solid waste. But the previous four-person majority, consisting of Mayor Bill Knight and Councilpersons Mary Rakestraw, Trudy Wade, and Danny Thompson, is not letting the fact that their plan to re-open White Street lacks Council or public support stop them. At Tuesday’s meeting of the City Council as Councilwoman Trudy Wade warned Vaughan, “If you vote against Gate City, we’re going to have a very serious problem picking anyone but Waste Industries because that would be the only way you couldn’t vote on it.” In short, the four-person faction would contrive a conflict of interest for Vaughan by bringing back a vendor, Waste Industries, it eliminated just a week ago just to keep her from voting. If the four-person majority backtracked and abandoned Gate City and chose to bring Waste Industries back into consideration, then Councilman Zack Matheny’s conflict of interest would disappear, giving him the decisive vote. Matheny has not been allowed to participate thus far due to a financial interest in Gate City. These most recent developments come on the heels of this City Council abandoning its first effort to re-open the White Street Landfill and being forced by two Guilford County Superior Court Judges to abandon their second effort to re-open the landfill after failing to do their legal due diligence. As part of its third Request for Proposals, the council chose to negotiate with Gate City. The then four-person majority selected Gate City without saying a word supporting their decision. It has since come out that three members of the four-person majority, Mayor Knight, Councilwoman Wade, and Councilman Thompson, have received large political contributions from D.H. Griffin, a key player in the proposal put forward by Gate City. "I hope they would show some integrity in dealing with this situation," says Kay Brandon a leader with the Citizens for Economic and Environmental Justice, which opposes re-opening the landfill. "They shouldn't do tricks just to keep a majority--that's basically what they’re doing. It makes the city look bad." ###