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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."

SCSJ protects Voting Rights Act in NC case

Yesterday, a federal judge dismissed a challenge to Section 5 of the Voting Rights Act. Section 5 is an essential tool for defending minority voting rights because it requires changes to voting practices have approval from the United States Department of Justice (DOJ) to ensure they do not unfairly burden minority voters. White residents of Kinston, NC sought to institute non-partisan elections, which, by their own admission, would place minority voters at a disadvantage. When the DOJ objected to the change, proponents of the non-partisan elections filed suit to challenge the constitutionality of Section 5. The Southern Coalition for Social Justice (SCSJ) and the American Civil Liberties Union (ACLU) asked the court to dismiss the case, Laroque v. Holder. Anita Earls, Executive Director of SCSJ, noted: “Our clients, African-American residents and voters in Kinston and the state NAACP, want to see the protections of the Voting Rights Act remain in place, and this dismissal is one step in that direction.” Laughlin McDonald, Director of the ACLU Voting Rights Project, said: “The federal district court properly rejected the challenge to the constitutionality of Section 5, which has been called 'the heart' of the Voting Rights Act. Without it, all attempts to rectify generations of inequality in our democracy through this vital law are meaningless. We applaud the court's decision.” For more information, please contact SCSJ Voting Rights Attorney Allison Riggs at allison@southerncoalition.org.

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.

New Hill Community Association wins Indy Citizen Award

MEDIA ADVISORY FOR IMMEDIATE RELEASE Wednesday, November 24, 2010 Durham, NC- The New Hill Community Association, which is waging a battle against placement of a sewage plant in the center of their historic district by the affluent towns of Cary, Apex and Morrisville, has been awarded the prestigious Indy Citizen Award by the Independent Weekly, a Durham-based Triangle newspaper. The Indy Citizen Award honors “people and groups whose activism has positively impacted their communities, whether it's one neighborhood, a city or several counties." In accepting the award, NHCA President Paul Barth said, “We are humbled by this recognition and support for our efforts. This has truly been a community effort to protect our predominantly African-American community from becoming a dumping ground for our wealthy neighbors.” The struggle of the New Hill Community is winning wide recognition for the justness of its cause and for the valor of the residents waging the struggle. Recently Rev. Clanton won the North Carolina Environmental Justice Network’s Florenza Moore Grant Community Award for 2010 for his "faithful work to protect the citizens, community and environment of New Hill." The New Hill Community Association recently scored a victory when the town of Holly Springs recently withdrew from the Western Wake Partners the conglomerate of towns attempting to cite their sewage plant in New Hill. On behalf of the New Hill Community Association (NHCA), the Southern Coalition for Social Justice recently filed a Petition for Contested Case Hearing in the state Office of Administrative Hearings to challenge the Western Wake Partners' proposed placement of a sewage treatment plant in the center of the New Hill community. Dozens of New Hill residents also recently participated in a public hearing in Apex, questioning the Western Wake Partner's plan to discharge from the proposed sewage treatment plant into a distressed portion of the Cape Fear River. Contact: Chris Brook, attorney Southern Coalition for Social Justice (919) 323-3380 Chris@SouthernCoalition.org Paul Barth President, New Hill Community Association (919) 539-8736

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.

Advocates push to ban felony question from applications

____________________ BY THOMASI MCDONALD - STAFF WRITER RALEIGH - More than 20 years ago, a Warren County Superior Court judge sentenced Wonis Davis to 10 years in prison for second-degree murder. Since his release in 1999, Davis has bagged groceries, cooked, supervised a restaurant kitchen, worked as a church custodian and had two of his fingers sliced off while working in construction. But his past haunts him every time he fills out an application and has to check the box next to the question: "Have you ever been convicted of a felony?" Advocates for fair hiring think it's a question Davis and others like him should not have to answer. They want to "Ban the Box." Gaining momentum across the nation, the movement had seen new laws removing the felony question in Minnesota, New Mexico, Hawaii and New York. About 21 cities, including San Francisco, Cincinnati, Boston, Chicago and Austin, Texas, have already banned the box. Local advocates want Raleigh and Wake County to take the first step to remove the question on applications for public-sector jobs. About 150 people gathered in Durham last week to push for city and county ordinances to ban the felony question. A Ban the Box rally is scheduled Dec. 13 at Durham City Hall. Thousands affected More than 1.6 million people in North Carolina have criminal records. The Community Success Initiative, the Raleigh Second Chance Alliance, Congregations for Social Justice, and the N.C. Justice Center all say removing that question in this state is a critical step toward former offenders finding jobs and the economic security that may keep them from returning to prison. The Community Success Initiative provides support for people coming out of prison and jail. Its founding director, Dennis Gaddy, said 22,000 to 26,000 people come out of North Carolina's prisons each year. As of August, more than 6,700 people were under the supervision of the state Department of Correction on probation or parole in Wake County alone. In Durham County, nearly 4,000 people are on probation or parole, according to Durham Second Chance Alliance members. Thousands more have criminal convictions. The issue is "important for a couple of reasons," said Ajamu Dillahunt, an outreach coordinator with the N.C. Justice Center in Raleigh. "Right now the economic crisis we're in makes it difficult for people to find employment. We need to remove the barriers that exist so that people can find jobs." Employers who invest in people with criminal histories are ultimately investing in the safety of the greater community by helping them secure legitimate employment, he said. Raleigh manager's take Raleigh City Manager Russell Allen said he was sure the City Council would be happy to discuss the Ban the Box proposal's merits and listen to why it would be good for Raleigh. But he has concerns about removing the felony question from city applications. "Particularly for public-sector jobs, we need to bevery aware," Allen said. "The fact of the matter is that employees in the public realm get very close to people's homes, children. And then you have police, fire and other aspects of public safety; energy, water, financial information ... it's important that we have applicants who are truthful and fully disclose whatever is in their background." Allen said if someone has been convicted of a crime but has managed to turn his or her life around then it's appropriate for that job candidate to submit letters of recommendation and other statements of support to counter the criminal record. "There's no prohibition against that," he said. The initial application But those pushing for the change in Raleigh are only proposing that the question be removed from the initial application so that employers won't be immediately dissuaded by a criminal record before learning more about a job candidate's experience, skills and personality. A criminal background check would still be required before the applicant is hired, but making it to the interview phase would give the applicant a chance to explain the nature of the crime, how long ago it occurred, incarceration and rehabilitation efforts. Davis, 42, admits that his criminal record was 12 pages long when he was sent to prison, but he says he hasn't been arrested since he was released from prison more than 10 years ago. "When I see the box, the box doesn't even give you the chance to say, 'That was me then. Look at me now,'" Davis said, taking a break at Blaylock's Barbershop and Hair Salon in downtown Raleigh, where he works as a barber. "I'm always honest, but when I put the charge on a job application, they tell me, 'We don't hire violent offenders here.'" A difficult journey Davis has come a long way. "I got a little breathing room," he said. "It's kind of like swimming - take a stroke and breathe." He was sentenced to life plus 10 years in prison along with several other people for the second-degree murder conviction. But he said the life sentence was dropped after investigators found that he had little to do with the killing. "They got me for association," he said. When he got out of prison, he went to live with his sister in Warrenton. She bought him $150 worth of clothes and let him stay at her house for two months, before she told him to leave because he hadn't found a job. "I stayed homeless for about three months," he said. Then temptation and the lure of fast money through crime came calling. "A guy called me and said he heard about my situation. He offered me a 'care package.' The package was $10,000 in cash and a half-kilo of cocaine." Small jobs, hard work Instead, Davis got a job at a Burger King through a friend who knew the manager. That's how he has beat the box for the past 10 years - by finding work through friends willing to give him a chance. He worked minimum-wage jobs until he scored a job at a Golden Corral in Warrenton. Davis spent a year working up the ladder to become a kitchen manager in training. Then a new store manager checked his application and accused him of lying about his criminal history. "I did a telephone interview back then," Davis said. "They accepted it. The new manager came along and said I checked 'No' in the box." He was fired. Still, there was a silver lining. Davis had acquired enough cooking skills to start his own catering business. Love Life Catering struggled, but Davis figured he was on his way to becoming an independent business owner. "I didn't have to worry about the box because I can't fire myself," he said. While he operated his business part time, Davis worked for a Durham construction company and severed two fingers off his left hand in 2006. In 2008, he attended barber school in Raleigh and went to work at the downtown barbershop where he has built a customer base. Thursday, he catered a meeting in which former inmates like himself shared their stories and their difficulties trying to find work. It was an opportunity for them to organize and strategize - to Ban the Box. Staff writer Anne Blythe contributed to this report.