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Noise ordinance approved

____________________ GATESVILLE – After 12 months of tweaking, Gates County is now the proud new owner of a more defined noise ordinance. By a unanimous vote at their January 19 meeting, the Gates County Board of Commissioners adopted the ordinance, only after one final round of slight modifications was placed in the six-age document. In its early stages, the ordinance was presented to the commissioners by the Citizens Against OLF as they continue their efforts to prevent the Navy from possibly constructing an Outlying Landing Field (practice facility) in the Sandbanks area of Gates County. Duke University researchers joined forces with the anti-OLF group to put the document in writing. As the debate progressed over the wording of the ordinance, Gates County Sheriff Ed Webb as well as judges and attorneys voiced concerns over enforcement and legal issues. “We’ve addressed the concerns the Sheriff’s Office and judges had,” Commissioner Henry Jordan said at last week’s meeting. Section 2 now adds the sentence: Sound measurement standards will be implemented when authorized by the Gates County Board of Commissioners at a later date. There was concern about the cost of the equipment needed to measure sound as well as calibration standards of that equipment, Jordan noted. “We feel we need these sound measuring standards in place if the OLF does decide to come here at which time we can activate that part of the ordinance,” Jordan said. The Sheriff’s deputies will use sensory perception to judge noise level, as is currently the case. “All the changes seem to address the issues that have been brought up previously,” said Commissioner Jack Owens. “I’m fine with this as it is; I know there has been a lot of work put into this, not only by Duke, but locally as well and I certainly support this,” Commission Vice-Chair Kenneth Jernigan stated. Commission Chairman Graham Twine thanked Jordan for all the time he invested in getting the ordinance to this point. The public also had their say last week concerning the ordinance. Linda Warren, representing the Citizens Against OLF, said Duke University and the Southern Coalition lawyers worked with the local group to come up with the basis for a noise ordinance. “The OLF is certainly about jet noise; we were guided in this to build an ordinance dealing with noise,” Warren said. “This ordinance will be a stumbling block for the Navy. We think it’s important to get the message across to the Navy that the noise they’re trying to move out of Virginia Beach is not something we want in Gates County.” Warren added that the Navy had been asked about flight paths, inquiring of the route the jets would take to get to Gates County. “It’s not just involving the Sandbanks; the flight paths given by the Navy to the FAA (Federal Aviation Commission) has those jets coming from Oceana (Naval Air Station) straight down to Moyock (northern Currituck County) and coming straight across to the Sandbanks,” Warren said. “Those jets will cut across the heart of Gates County; their flight paths can be eight miles wide. That brings those jets across our state park, over our beautiful river; across our schools and across our neighbors and friends…that’s why we need a noise ordinance and thanks to everyone for working so hard on this.” “I had made some previous comments about the decibel meters and the calibration equipment, however, that’s just a small portion when considering what could happen in the county,” said J.E. Harrell. “When you talk about the noise, it’s huge, but it’s also more far reaching than that. These folks that have their land and their way of life threatened, it speaks for the need for a noise ordinance and anything we can do to stop these jets. My heart goes out to this group.” Wade Askew, a former county commissioner who was a part of orchestrating the noise ordinance, asked about the language of the document pertaining to agricultural and forestry operations. Twine commented that Section 5 (Exceptions) dealt with that, quoting, “Agricultural and forestry operations and the like shall not constitute a nuisance and thus shall not be subject to the requirements of this ordinance, except when a nuisance results from negligence or improper operation of any agricultural or forestry equipment or its appurtenances.” Danny Byrum said he had stood in the yard of a man living near Langley (Virginia airfield) and they could not hear each other talk over the sound of jets flying overhead. “He said you couldn’t even listen to TV in your house when the jets were flying,” Byrum recalled. “It’s quite a big deal. Our way of life will be gone if the jets come here. This whole county will never be the same.” Joe Greene said while he was living near Oceana his family experienced the sound of jets on a daily and nightly basis. “It will change your life; they will rattle your house,” he said. “There is no day or night to them.” Upon exiting the public hearing, County Manager Toby Chappell, citing concerns of county attorney Pitt Godwin, directed the commissioners’ attention to section 7 of the ordinance. The board agreed with Godwin and struck a portion of subsection C of that section…“Officer provides intermediate noise protection/abatement when necessary and intermediate inclusiveness/identification of the types of prohibited noises observed.” Commissioner John Hora asked Sheriff Webb if he was in agreement with the provisions of the ordinance since Webb and his staff would be responsible for enforcement. “The main thing is officer perception,” Webb said. “If we get a call about a loud muffler or a loud radio we can issue a citation. We usually try to issue a warning the first time and move up from there in citations, especially when you keep going back to the same person (making the noise).” The ordinance provides for a fine of not more than $50 or imprisonment of not more than 30 days should any person violating any of the provisions of the ordinance be found guilty of a misdemeanor. Additionally, the county, as a first remedy, can issue a civil fine of $50 for a noise nuisance violation. Upon a motion by Jordan and a second from Jernigan, the commissioners approved the ordinance as modified with the noted changes.

SCSJ Contributes to a National Report on Immigration Policing

____________________ SCSJ contributed to a national report released in December by the National Network for Immigrant and Refugee Rights. "Injustice for All: The Rise of the U.S. Immigration Policing Regime" denounces human rights abuses occurring across immigrant and refugee communities in the United States. SCSJ’s contribution to the report, written by Immigrants Rights Organizer Rebecca Fontaine, focuses on the way local immigration enforcement fuels an environment in which immigrant women become more vulnerable targets of sexual assault and domestic violence.

SCSJ Secures Legal Victory for Heirs' Property Preservation

Thanks to efforts led by Southern Coalition for Social Justice families with heirs' property can sleep a little more soundly this evening. On January 21, 2011, the North Carolina State Bar Council approved 2009 Formal Ethics Opinion 8. Most significantly, this ethics opinion limits the circumstances in which an attorney for property developers can also serve as a commissioner selling the land in question. This clear conflict of interest can result in one attorney driving a difficult to understand process that results in the loss of property that has been in a family for centuries. “Partition actions are still a danger to families with heirs’ property, which is particularly common in rural African-American families. And, while it cannot solve all problems relating to partition actions, 2009 FEO 8 makes these proceedings a little more equitable for those trying to hang out to their ancestral lands,” said SCSJ staff attorney Chris Brook. Picture: The Freeman family stands on Freeman Beach, a historically black-owned beachfront property located at the north end of Carolina Beach that was the only beach accessible to African Americans in the South during Jim Crow years. SCSJ represents Freeman family heirs in preserving the land from a takeover by a developer.

Maintaining racial diversity in schools

____________________ America's strength has always been a function of its diversity, so it is troubling to see North Carolina's Wake County School Board taking steps to reverse a long-standing policy to promote racial diversity in its schools ["In N.C., a new battle on school integration," front page, Jan. 12]. The board's action has led to a complaint that has prompted an investigation by our Office for Civil Rights, but it should also prompt a conversation among educators, parents and students across America about our core values. Those core values, embodied in our founding documents, subsequent amendments and court rulings, include equity and diversity in education and opportunity. In fact, on Monday we celebrate the life and leadership of Dr. Martin Luther King Jr., whose movement for racial equality inspired a nation and brought us closer to the more perfect union envisioned by our founders. In an increasingly diverse society like ours, racial isolation is not a positive outcome for children of any color or background. School is where children learn to appreciate, respect and collaborate with people different from themselves. I respectfully urge school boards across America to fully consider the consequences before taking such action. This is no time to go backward. - Arne Duncan, Washington The writer is U.S. education secretary.

In N.C., a new battle on school integration

____________________ By Stephanie McCrummen Washington Post Staff Writer IN RALEIGH, N.C. The sprawling Wake County School District has long been a rarity. Some of its best, most diverse schools are in the poorest sections of this capital city. And its suburban schools, rather than being exclusive enclaves, include children whose parents cannot afford a house in the neighborhood. But over the past year, a new majority-Republican school board backed by national tea party conservatives has set the district on a strikingly different course. Pledging to "say no to the social engineers!" it has abolished the policy behind one of the nation's most celebrated integration efforts. And as the board moves toward a system in which students attend neighborhood schools, some members are embracing the provocative idea that concentrating poor children, who are usually minorities, in a few schools could have merits - logic that critics are blasting as a 21st-century case for segregation. The situation unfolding here in some ways represents a first foray of tea party conservatives into the business of shaping a public school system, and it has made Wake County the center of a fierce debate over the principle first enshrined in the Supreme Court's 1954 decision in Brown v. Board of Education: that diversity and quality education go hand in hand. The new school board has won applause from parents who blame the old policy - which sought to avoid high-poverty, racially isolated schools - for an array of problems in the district and who say that promoting diversity is no longer a proper or necessary goal for public schools. "This is Raleigh in 2010, not Selma, Alabama, in the 1960s - my life is integrated," said John Tedesco, a new board member. "We need new paradigms." But critics accuse the new board of pursuing an ideological agenda aimed at nothing less than sounding the official death knell of government-sponsored integration in one of the last places to promote it. Without a diversity policy in place, they say, the county will inevitably slip into the pattern that defines most districts across the country, where schools in well-off neighborhoods are decent and those in poor, usually minority neighborhoods struggle. The NAACP has filed a civil rights complaint arguing that 700 initial student transfers the new board approved have already increased racial segregation, violating laws that prohibit the use of federal funding for discriminatory purposes. In recent weeks, federal education officials visited the county, the first step toward a possible investigation. "So far, all the chatter we heard from tea partyers has not manifested in actually putting in place retrograde policies. But this is one place where they have literally attempted to turn back the clock," said Benjamin Todd Jealous, president of the NAACP. School Board Chairman Ron Margiotta referred questions on the matter to the district's attorney, who declined to comment. Tedesco, who has emerged as the most vocal among the new majority on the nine-member board, said he and his colleagues are only seeking a simpler system in which children attend the schools closest to them. If the result is a handful of high-poverty schools, he said, perhaps that will better serve the most challenged students. "If we had a school that was, like, 80 percent high-poverty, the public would see the challenges, the need to make it successful," he said. "Right now, we have diluted the problem, so we can ignore it." So far, the board shows few signs of shifting course. Last month, it announced that Anthony J. Tata, former chief operating officer of the D.C. schools, will replace a superintendent who resigned to protest the new board's intentions. Tata, a retired general, names conservative commentator Glenn Beck and the Tea Party Patriots among his "likes" on his Facebook page. Tata did not return calls seeking comment, but he said in a recent news conference in Raleigh that he supports the direction the new board is taking, and cited the District as an example of a place where neighborhood schools are "working." Beyond 'your little world' The story unfolding here is striking because of the school district's unusual history. It sprawls 800 square miles and includes public housing in Raleigh, wealthy enclaves near town, and the booming suburbs beyond, home to newcomers that include many new school board members. The county is about 72 percent white, 20 percent black and 9 percent Latino. About 10 percent live in poverty. Usually, such large territory is divided into smaller districts with students assigned to the nearest schools. And because neighborhoods are still mostly defined by race and socioeconomic status, poor and minority kids wind up in high-poverty schools that struggle with problems such as retaining the best teachers. Officials in Raleigh tried to head off that scenario. As white flight hit in the 1970s, civic leaders merged the city and county into a single district. And in 2000, they shifted from racial to economic integration, adopting a goal that no school should have more than 40 percent of its students qualify for free or reduced-price lunches, the proxy for poverty. The district tried to strike this balance through student assignments and choice, establishing magnet programs in poor areas to draw middle-class kids. Although most students here ride buses to school, officials said fewer than 10 percent are bused to a school to maintain diversity, and most bus rides are less than five miles. "We knew that over time, high-poverty schools tend to lose high-quality teachers, leadership, key students - you see an erosion," said Bill McNeal, a former superintendent who instituted the goal as part of a broad academic plan. "But we never expected economic diversity to solve all our problems." Over the years, both Republican and Democratic school boards supported the system. A study of 2007 graduation rates by EdWeek magazine ranked Wake County 17th among the nation's 50 largest districts, with a rate of 64 percent, just below Virginia's Prince William County. While most students posted gains in state reading and math tests last year - more than three-quarters passed - the stubborn achievement gap that separates minority students from their white peers has persisted, though it has narrowed by some measures. And many parents see benefits beyond test scores. "I want these kids to be culturally diverse," said Clarence McClain, who is African American and the guardian of a niece and nephew who are doing well in county schools. "If they're with kids who are all the same way, to break out of that is impossible. You've got to step outside your little world." 'Constant shuffling' But as the county has boomed in recent years - adding as many as 6,000 students a year - poverty levels at some schools have exceeded 70 percent. And many suburban parents have complained that their children are being reassigned from one school to the next. Officials blame this on the unprecedented growth, but parents blame the diversity goal. "Basically, all the problems have roots in the diversity policy," said Kathleen Brennan, who formed a parent group to challenge the system. "There was just this constant shuffling every year." She added: "These people are patting themselves on the back and only 54 percent of [poor] kids are graduating. And I'm being painted a racist. But isn't it racist to have low expectations?" As she and others have delved deeper, they've found that qualified minority students are underenrolled in advanced math classes, for instance, a problem that school officials said they've known about for years, but that strikes many parents as revelatory. Some have even come to see the diversity policy as a kind of profiling that assumes poor kids are more likely to struggle. "I don't want us to go back to racially isolated schools," said Shila Nordone, who is biracial and has two children in county schools. "But right now, it's as if the best we can do is dilute these kids out so they don't cause problems. It sickens me." In their quest to end the diversity policy, the frustrated parents have found some influential partners, among them retail magnate and Republican operative Art Pope. Following his guidance, the GOP fielded the victorious bloc of school board candidates who railed against "forced busing." The nation's largest tea party organizers, Americans for Prosperity - on whose national board Pope sits - cast the old school board members as arrogant "leftists." Two libertarian think tanks, which Pope funds almost exclusively, have deployed experts on TV and radio. "We are losing sight of the educational mission of schools to make them into some socially acceptable melting pot," said Terry Stoops, a researcher at the libertarian John Locke Foundation. "Those who support these policies are imposing their vision on everyone else." 'Disastrous' results Things have not gone smoothly as the new school board has attempted to define its vision for raising student achievement. A preliminary map of new school assignments did not please some of the new majority's own constituents. And critics expressed alarm that the plan would create a handful of high-poverty, racially isolated schools, a scenario that the new majority has begun embracing. Pope, who is a former state legislator, said he would back extra funding for such schools. "If we end up with a concentration of students underperforming academically, it may be easier to reach out to them," he said. "Hypothetically, we should consider that as well." The NAACP and others have criticized that as separate-but-equal logic. "It's not as if this is a new idea, 'Let's experiment and see what happens when poor kids are put together in one school,' " said Richard Kahlenberg, senior fellow at the Century Foundation, a think tank that advocates for economic integration. "We know. The results are almost always disastrous." Many local leaders see another irony in the possible balkanization of the county's schools at a time when society is becoming more interconnected than ever. "People want schools that mirror their neighborhood, but the bigger picture is my kid in the suburbs is connected to kids in Raleigh," said the Rev. Earl Johnson, pastor of Martin Street Baptist Church in downtown Raleigh. "We're trying to connect to the world but we're separating locally? There is something wrong."

National Association of Black Journalists’ Webinar on Redistricting

_________________________ From the NABJ website: "Among the unreported subjects that are expected to emerge as a hot button issue after the mid-term election is redistricting and how our main political parties will be affected by the results of the recently completed U. S. Census. To learn more about this subject and develop enterprise ideas, please join the NABJ Media Institute webinar, “Deciphering the Numbers: The Untold Stories of Redistricting.” This free webinar will be held on Wednesday, December 15th at 11:00 a.m. (EST) and will feature Anita S. Earls, Executive Director, Southern Coalition for Social Justice and Charles Robinson, Correspondent/Associate Producer, Maryland Public Television, NABJ Region II Director. The webinar will explain the impact of redistricting on voting patterns and ultimately our system of government. In addition, the discussion will also explain the numbers behind re-districting and how to disseminate accurate and insightful information.. This webinar is for journalists serious about improving their ability to capture unique content for their organizations and the eventual dissemination of information that could help journalists develop new stories and hence a more explanatory way of news reporting. News managers, producers and especially local reporters are highly encouraged to attend." Click here to register.

Chatham's say-so

____________________ Cary, along with Apex and Morrisville, wants to run a sewer line through southeastern Chatham County as the link between a planned new wastewater treatment plant and the Cape Fear River. But for some reason, Chatham residents aren't strewing roses in the Wake Countians' path. And without the Chatham Board of Commissioners' approval, the line doesn't get built. Talk about leverage. For that approval to be forthcoming, Chatham has given Cary a list of demands to be met - including, no more of those pesky cross-border annexations without Chatham's OK. And no Chatham property could be condemned for the sewer line. So, how many millions would the final, essential parcel command? The treatment plant would be built in the Wake community of New Hill, where residents understandably are opposed. It would fulfill a mandate to keep treated wastewater in the Cape Fear basin, a worthy objective. But this project as now conceived has so many issues, it might be better if it just went down the drain.

SCSJ Leads Another Successful Wills' Clinic in Tarboro

Woodra Harrell of Tarboro, North Carolina just could not stop raving about her wills’ clinic experience. One of 19 people who received 62 end of life documents on November 13 and November 14, 2010, Mrs. Harrell “would recommend” the Southern Coalition for Social Justice wills’ clinic “to anyone” despite the “daunting subject matter.” “Sometimes when you get something done for free people make you feel that. It was not that atmosphere at all. [SCSJ] cared and made you feel part of the process,” concluded Mrs. Harrell. And we couldn't be happier for that! The Tarboro wills' clinic is SCSJ's third since July. Thanks to our coordinating attorney Becky Jaffe, the Edgecombe County Agricultural extension, 10 UNC and Campbell law student volunteers and the serviced families who all made it possible!

Heirs' Property Owners One Step Closer to Legal Victory

On October 28, 2010, the North Carolina State Bar Ethics Committee unanimously passed 2009 FEO 8, an ethics opinion protecting heirs' property owners in North Carolina. The opinion forbids attorneys from both representing developers seeking to partition heirs' property and serving as the commissioner tasked with selling this family land at auction. When an attorney holds these two roles, developers can purchase the land for cheap and family members' could receive less than market value for their ancestral homes. In practice, the opinion will result in fewer situations where a developers' attorney runs an entire partition proceeding. "This is a huge step towards fairness in heirs' property proceedings here in North Carolina," said SCSJ staff attorney Christopher Brook. SCSJ headed up a coalition in support of 2009 FEO 8 featuring North Carolina Representative Angela Bryant, the North Carolina Advocates for Justice, Land Loss Prevention Project, the North Carolina Justice Center, the UNC Center for Civil Rights, the Heirs' Property Retention Coalition, and Self-Help. The ethics opinion now goes to the North Carolina State Bar Ethics Council for final approval.

SCSJ Conducts Wills' Clinic in Southport, NC

What do two SCSJ attorneys, seven law students from UNC and Campbell, and 48 hours in Southport, North Carolina get you? If you were one of 19 participants in SCSJ’s October 15-17 wills’ clinic, you got a total of 56 end-of-life documents to help you effectuate your plans and give you an extra piece of mind that you have helped your family prepare for a life without you. Working with an SCSJ-represented family that owns heirs’ property in the area and its church community, the clinic produced documents ranging from wills to health care powers of attorney, all while enjoying one of the last warm days down at the beach. “These wills clinic are an excellent opportunity to meet community needs, and provide law students with skills in the field of end-of-life planning,” said SCSJ coordinating attorney Becky Jaffe.