The tireless efforts of the Gates County Citizens Against OLF have proven victorious. The Navy announced today that it is suspending its evaluation process to secure a site for the construction of an Outlying Landing Field (OLF) until 2014. An OLF is used for Navy pilots to practice landing in conditions similar to landing on an aircraft carrier, and Gates County is one of five counties in the northeastern NC area that the Navy had been evaluating as a potential site for the OLF.
SCSJ is representing Citizens Against OLF in Gates County. The group organized an anti-OLF boat parade in 2009 and have secured support from both North Carolina Senators, congressional representatives, the Governor, and other state elected officials. Citizens Against OLF is also leading a legal battle against the Navy.
A low-income, rural, significantly African-American community near the Virginia border in northeastern North Carolina, Gates County residents have been in opposition to the Navy constructing an OLF in their community or any of the surrounding communities for several years. Navy representatives have even stated publicly that an OLF is “not necessarily needed.” But the construction of an OLF would mean the loss and destruction of centuries-old family farms. In addition, Gates County is home to diverse and threatened species that are indigenous to North Carolina. These habitats would be permanently disrupted by the construction of an OLF.
The Navy's announcement today shows that organized community pressure coupled with legal and media strategies can alter power towards the interests of the community.
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.
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.
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!
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.
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.
A Salvadoran woman SCSJ represents is featured as the cover story of today's publication of the Independent Weekly. Read the article to learn the story of this courageous young immigrant who stood up to an Immigration official who attempted to use her undocumented status to sexually harass and blackmail her. SCSJ looks up to her bravery in standing up for her rights and speaking out against her abuser. We are hopeful that her story will empower other immigrants whose rights have been violated to speak out.
By Rebecca Fontaine, Immigrant Rights Organizer
This past week undocumented students and allies across North Carolina have been holding actions in support of the DREAM Act. The DREAM Act would provide 1.5 million undocumented students with a path towards legalization and access to higher education.
Unfortunately, today the Senate blocked a vote on the Defense Authorization Bill, meaning the DREAM Act will not be given the opportunity to come up for discussion as an amendment on this bill. DREAM Activist.org is urging supporters to call Senator Harry Reid (NV) to bring up the DREAM Act as a stand-alone bill and stop playing politics with the lives of undocumented students.
Rosario Lopez, an NC DREAM Team member, is disappointed but says that this defeat will only make us fight harder. “We are not going to give up and we are going to keep fighting for the DREAM Act. We are stronger than ever. I think we can accomplish the passage of the DREAM Act as a stand-alone bill.”
Luisa Estrada thought she had purchased a home for family. But after making a large down payment on a house in Alamance County it became clear that the realtor had taken advantage of her. The contract she signed contained confusing language indicating she was in fact only renting the property in question. Ms. Estrada partnered with SCSJ staff attorney Chris Brook to successfully negotiate a resolution wherein the realtor agreed to let Ms. Estrada out of her “purchase” contract in addition to refunding her full down payment and many of the expenses she incurred while improving the property. After months of frustration, Ms. Estrada now speaks with relief: "Through SCSJ's support, I was able to prevail against a realtor who had deceived me." One small blow against unfair and deceptive housing practices!
Written by Anthony Maglione
What does it mean to not have a meaningful opportunity to elect candidates of your choice? And what does that have to do with redistricting, the redrawing of election districts in our communities based on census numbers?
Many of us – especially low-wealth communities of color – already know what it means because the local candidates we vote for never get elected. A long history of unjust redistricting intended to split and dilute our voting strength is one of the main culprits, but we can prevent that history from repeating.
Last week, SCSJ convened a week-long Expert Preparation and Community Education Program as part of the Community Census & Redistricting Institute. Held in Durham, NC, the program trained folks traditionally involved with redistricting – social scientists, map-makers and lawyers – and joined them with representatives from community organizations. Over 100 participants throughout the country came together to discuss the importance of empowering grassroots low-wealth communities of color to promote fair representation during the 2011 redistricting round.
We left with an understanding that redistricting is about equity and fairness, not simply about the shape of an electoral district. The process of redrawing districts does not happen without people, and the people who are directly affected – those living within the communities where districts are drawn – must be involved in the process.
Check out the Community Census & Redistricting Institute’s webpage for updates as we continue to build the site as a clearinghouse of information for folks looking to get involved with redistricting their own communities.
Despite promises to change its detention and deportation policies to focus on convicted dangerous felons, Immigration and Customs Enforcement (ICE) continues to waste to detain people who are merely accused of minor violations.
SCSJ staff attorney Marty Rosenbluth recently defended the case of S.O., an immigrant woman who was arrested by local police after a minor domestic quarrel that happened to be witnessed by a law enforcement official. S.O. had been living in the United States for over 10 years and was married to a U.S. citizen.
A local court judge agreed that she was not a threat and decided to release her with an oral promise to return to court for her pending trial. Despite this, ICE stepped in by taking custody of S.O. An immigration judge, contradicting the local court, set an extremely high bond and, when her husband could not pay it, she had to remain in detention awaiting deportation.
This case raises serious questions about whether ICE is meeting its promise to focus its detention and deportation efforts on dangerous criminals, and its assurance that it would pursue deportation only after a person is convicted of a crime in court. Rosenbluth raised this issue at a recent White House meeting on immigration reform and was able to use the case as a real example of how ICE was not keeping its promises.
Fortunately, Rosenbluth was recently able to win S.O.’s release from an Alabama detention facility. However, she was released late in the day without any money or transportation to return to her home in North Carolina. A friend of SCSJ was fortunately able to meet her and make sure he arrived home safely.
Still, her husband was ecstatic and left SCSJ a heartwarming message.
This recent success provides support that our efforts are changing the immigration rights landscape, even though ICE is dragging its feet on reform.
“This case is a powerful example of the strength behind SCSJ’s community lawyering model of combining advocacy with legal representation,” says Rosenbluth.
In North Carolina, a person convicted of a felony loses her right to vote until she completes all terms of her sentence, including probation or parole. The person regains the right to vote the day she completes her term. This reinstatement of voting rights, however, is not being executed in compliance with North Carolina state law.
A recent survey, conducted by Democracy North Carolina and tabulated by the Southern Coalition for Social Justice, indicates that the majority of Parole Officers are not properly informed of, nor executing NC 163-82.20A: “Voter Registration Upon Restoration of Citizenship.”
This law charges the Department of Corrections, Administrative Office of the Courts, and the Board of Elections to inform persons completing sentences for felony convictions that her or his right to vote has been restored, and to provide the person with an opportunity to register to vote.
In January 2010 Democracy North Carolina conducted phone interviews with 84 probation and parole officers in North Carolina. The law states “(a)t a minimum, the program shall include a written notice to the person whose citizenship has been restored, informing that person that the person may now register to vote, with a voter registration form enclosed with the notice.”
However, when asked, only 6 out of 84 Parole Officers report that he or she provides persons leaving the system with a voter registration form.
Non-compliance with this law has racially disparate impacts on voting rights. Currently in North Carolina 73,113 people have been stripped of their right to vote. Despite comprising only 21% of North Carolina’s population, 57% of disenfranchised voters are African American.
If current practices continue, the number of legally or practically disenfranchised African American voters will expand exponentially. As each person completes their sentence, but is not adequately informed of the right to vote, disenfranchised voters remain disenfranchised even after their right to vote has legally been restored. As felony convictions continue, over time the current 42,000 disenfranchised African American North Carolinians could become 84,000 disenfranchised African American North Carolinians. In a state already struggling for racial equity in voting, the impact of noncompliance with the Voter Registration Upon Restoration of Citizenship law is great.
The Southern Coalition for Social Justice along with Democracy North Carolina and other Coalition partners are pressuring state lawmakers to expand probation and parole officer compliance with this law and other practices within the criminal justice system that discourages voter participation.
Stay tuned for more information on racial justice and voting rights as we prepare for an upcoming Community Census and Redistricting Institute in late July.
The tireless efforts of the Gates County Citizens Against OLF have proven victorious. The Navy announced today that it is suspending its evaluation process to secure a site for the construction of an Outlying Landing Field (OLF) until 2014. An OLF is used for Navy pilots to practice landing in conditions similar to landing on an aircraft carrier, and Gates County is one of five counties in the northeastern NC area that the Navy had been evaluating as a potential site for the OLF.
SCSJ is representing Citizens Against OLF in Gates County. The group organized an anti-OLF boat parade in 2009 and have secured support from both North Carolina Senators, congressional representatives, the Governor, and other state elected officials. Citizens Against OLF is also leading a legal battle against the Navy.
A low-income, rural, significantly African-American community near the Virginia border in northeastern North Carolina, Gates County residents have been in opposition to the Navy constructing an OLF in their community or any of the surrounding communities for several years. Navy representatives have even stated publicly that an OLF is “not necessarily needed.” But the construction of an OLF would mean the loss and destruction of centuries-old family farms. In addition, Gates County is home to diverse and threatened species that are indigenous to North Carolina. These habitats would be permanently disrupted by the construction of an OLF.
The Navy's announcement today shows that organized community pressure coupled with legal and media strategies can alter power towards the interests of the community.
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.
Luisa Estrada thought she had purchased a home for family. But after making a large down payment on a house in Alamance County it became clear that the realtor had taken advantage of her. The contract she signed contained confusing language indicating she was in fact only renting the property in question. Ms. Estrada partnered with SCSJ staff attorney Chris Brook to successfully negotiate a resolution wherein the realtor agreed to let Ms. Estrada out of her “purchase” contract in addition to refunding her full down payment and many of the expenses she incurred while improving the property. After months of frustration, Ms. Estrada now speaks with relief: "Through SCSJ's support, I was able to prevail against a realtor who had deceived me." One small blow against unfair and deceptive housing practices!
What does it mean to not have a meaningful opportunity to elect candidates of your choice? And what does that have to do with redistricting, the redrawing of election districts in our communities based on census numbers?
Many of us – especially low-wealth communities of color – already know what it means because the local candidates we vote for never get elected. A long history of unjust redistricting intended to split and dilute our voting strength is one of the main culprits, but we can prevent that history from repeating.
Last week, SCSJ convened a week-long Expert Preparation and Community Education Program as part of the 
We left with an understanding that redistricting is about equity and fairness, not simply about the shape of an electoral district. The process of redrawing districts does not happen without people, and the people who are directly affected – those living within the communities where districts are drawn – must be involved in the process.
Check out the Community Census & Redistricting Institute’s 
Despite promises to change its detention and deportation policies to focus on convicted dangerous felons, Immigration and Customs Enforcement (ICE) continues to waste to detain people who are merely accused of minor violations.