Opinion
I Do Not Believe you are a Racists
At the Miami Democratic Presidential Debate, Kamala Harris questioned Joe Biden about his opposition to integrating the schools through court-ordered busing. Biden responded: “I did not oppose busing in America. What I opposed is busing ordered by the Department of Education.” After the debate, Biden spoke at the Rainbow Push Convention in Chicago. He said, “I want to be absolutely clear about my record and position on racial justice, including busing. I never, never, ever opposed voluntary busing.”
As Harris noted in the debate, Biden is not a racist. He served the country well as a senator and as Barack Obama’s vice president. On this question, however, he has lined up with the opposing team.
In the struggle for civil rights, the stakes were clear. After the Civil War brought an end to slavery, the Reconstruction — the effort to integrate the slave states of the South — was resisted widely, and rapidly brought to an end. The former slave states claimed to have state’s rights over laws concerning labor, voting rights, education, health care and civil rights. Under the banner of states’ rights, they enforced legal segregation — apartheid, stripping black citizens of their rights. Blacks were banned from restaurants and hotels. Schools were segregated. Voting rights were suppressed. Blacks were forced to sit at the back of the bus.
In 1954 in Brown v. Board of Education, the Supreme Court ruled that segregation — specifically segregation of schools — violated the Constitution. Separate but equal was inherently unequal. They ordered communities to integrate their schools. Once again resistance was immediate and widespread. African Americans were forced to go to court to enforce their rights. One result was court-ordered busing.
For Dr. King and the civil rights movement, the claim of states’ rights was always the segregationist dodge.
It took federal intervention to gain the right to public accommodations, to enforce the right to vote, to enforce desegregation of schools. To this day, federal intervention is vital, as Vice President Biden knows, to deal with the structural racism of police forces, voting rights, racially motivated hate crimes and more.
When Ronald Reagan opened his presidential campaign in Mississippi talking about states’ rights, everyone got the message. There were two sides of history and he was on the other side from those seeking equal justice for all.
As a senator, Biden initially supported busing. Then the white backlash grew. Racially separate communities in the North — often forged with red-lining and restrictive covenants that effectively segregated communities — started to get challenged in court.
The schools in Black communities were often more crowded, shabbier and less well-funded than those in the white suburbs. Communities resisted integration — and so courts began to order busing and redistricting to integrate schools.
Communities like Wilmington, Delaware faced the threat of court ordered integration, so the pressure on Biden grew to oppose busing. It was then that he called busing “asinine,” and voted with segregationists like Jesse Helms and Strom Thurmond on resolutions designed to prohibit the federal government — specifically the Department of Education -from enforcing court-ordered busing.
The problem wasn’t busing. Children are bused to school across America every day. The problem was where the bus was going.
As Matthew Delmont, author of “Why Busing Failed: Race, Media, and the National Resistance to School Desegregation,” concluded, “Describing opposition to busing as something other than resistance to school desegregation was a move that obscured the histories of racial discrimination and legal contexts for desegregation orders.”
In 1975, Biden offered his own amendment to the education bill, mandating that no funds could be used to “assign teachers or students to schools … for reasons of race.”
When the Biden amendment passed, Massachusetts Republican Edward Brooke, the only African American in the Senate, called it the “greatest symbolic defeat for civil rights since 1964.” It was later stripped from the bill.
Court-ordered busing to integrate schools has remained unpopular, and courts have retreated from enforcing it. Schools, particularly in the North, remain deeply segregated by race.
And too often, schools populated by people of color are still unequal — with fewer resources, dilapidated facilities and less prepared teachers than those in the suburbs.
Like Harris, I don’t believe Biden is a racist. But I do know that he was on the wrong side of history.
Invoking states’ rights or community choice is not a defense. It is an admission.
(You can write to the Rev. Jesse Jackson in care of this newspaper or by email at jjackson@rainbowpush.org. Follow him on Twitter @RevJJackson.)
Activism
‘Jim Crow Was and Remains Real in Alameda County (and) It Is What We Are Challenging and Trying to Fix Every Day,’ Says D.A. Pamela Price
“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday. “Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.
By Ken Epstein
Part One
Alameda County District Attorney Pamela Price gave an exclusive in-depth interview, speaking with the Oakland Post about the continuing legacy of Jim Crow injustice that she is working to overturn and her major achievements, including:
- restoring and expanding services for victims of crime,
- finding funding for an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors and
- aggressively prosecuting corporations for toxic pollution and consumer violations.
“The legacy of Jim Crow is not just a legacy in Alameda County. It’s real. It is what is happening and how (the system is) operating, and that is what we are challenging and trying to fix every day,” said D.A. Price, speaking to the Oakland Post by telephone for over an hour last Saturday.
“Racial disparities in this county have never been effectively eliminated, and we are applying and training our lawyers on the (state’s) Racial Justice Act, and we’re implementing it in Alameda County every day,” she said.
Passed by the State Legislature, this law “is an extremely helpful tool for us to address the racial disparities that continue to exist in our system,” she said.
(The law addresses) “the racial disparities that we find in our juvenile justice system, where 86% of all felony juvenile arrests in the county are Black or Brown children.
“We trained the entire workforce on the Racial Justice Act. We are creating a data system that will allow us to look at the trends and to clearly identify where racism has infected the process. We know that where law enforcement is still engaging in racial profiling and unfair targeting and arresting, we’re trying to make sure we’re catching that.”
Many people do not know much about the magnitude of Alameda County District Attorney’s job. Her office is a sprawling organization with 10 offices serving 1.6 million people living in 14 cities and six unincorporated areas, with a budget this year of about $104 million.
Asked about her major achievements since she took office last year, she is especially proud of the expanded and renewed victims’ services division in the DA’s Office, she said.
“We have expanded and reorganized the entire claims division so that we are now expediting as much as possible the benefits that victims are entitled to. Under my predecessor, they were having to wait anywhere, sometimes as long as a year, to 400 days to get benefits.
“Claims had been denied that should not have been denied. So, we’re helping people file appeals on claims that were denied under her tenure,” D.A. Price said.
“Under my predecessor, (the victims’ service office) was staffed by people who were not trained to provide trauma-informed services to victims, and yet they were the only people that the victims were in contact with. We immediately stopped that practice,” she continued.
“We had to expand the advocate workforce to include people who speak Hmong, the indigenous language of so many people in this county who are victims of crime.”
More African Americans advocates were hired because they represent the largest percentage of crime victims and we hired a transgender advocate and advocates who speak Cantonese and Mandarin. “The predominantly Chinese American community in Oakland was not being served by advocates who speak the language,” said D Price
“We reduced the lag time from the delivery of benefits to victims from 300 to 400 days down to less than 60 days.”
She increased victim advocacy by 38%, providing critical support to over 22,500 victims, a key component of community safety.
Other major achievements:
- She recently filed 12 felony charges against a man accused of multiple armed robberies, demonstrating her seriousness about prosecuting violent crimes
- In October, a jury delivered a guilty verdict in the double murder trial of former Alameda County Sheriff’s Deputy Devin Williams, showing DA Price’s commitment to holding law enforcement accountable.
- She recently charged a man and woman in unincorporated San Leandro with murder, felony unlawful firearm activity, and felony carrying a loaded firearm in public.
- A. Price’s office was awarded a $6 million grant by the state for its CARES Navigation Center diversion program. In partnership with the UnCuffed Project at a Seventh Day Adventist Church in Oakland, the program provides resources and referrals for services to residents as an alternative to incarceration and/or prosecution for substance use and mental health-related misdemeanors.
“This is the largest grant investment in the history of the Alameda County District Attorney’s Office,” said D.A. Price.
She explained that the program now has a mobile unit. “We have washers and dryers. We have a living room. We have a television. It’s a place where people can decompress, get themselves stabilized,” she said.
The project has “the ability to refer people to housing, to more long-term mental health services, to social services, and to assist them in other ways.”
- Her office joined in a $49 million statewide settlement with Kaiser Health Plan and Hospitals, resolving allegations that the healthcare provider unlawfully disposed of hazardous waste, medical waste, and protected health information. The settlement, which involved the state and a half dozen counties, resulted in Alameda County receiving $7 million for its residents.
- DA Price charged a former trucking company employee for embezzling over $4.3 million, showing her commitment to tackling white-collar crime.
- For the first time, Alameda County won a criminal grand jury indictment of a major corporation with two corporate officers that have been sources of pollution. “They had a record of settlements and pollution in this community, and they had a fire that constituted a grave danger,” she said.
Attorney Walter Riley contributed to this article.
Activism
Oakland Post: Week of October 30 – November 5, 2024
The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024
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Bay Area
In the City Attorney Race, Ryan Richardson Is Better for Oakland
It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney. Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.
By Margaret Rossoff
Special to The Post
OPINION
It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney.
Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.
Richardson has worked in the Office of the City Attorney since 2014 and is likely to continue current City Attorney Barbara Parker’s policies managing the department. He has committed not to accept campaign contributions from developers who want to store and handle coal at a proposed marine terminal in Oakland.
Retired Judge Harbin-Forte launched and has played a leading role in the campaign to recall Mayor Sheng Thao, which is also on the November ballot. She has stepped back from the recall campaign to focus on her candidacy. The East Bay Times noted, “Harbin-Forte’s decision to lead the recall campaign against a potential future client is … troubling — and is likely to undermine her ability, if she were to win, to work effectively.”
Harbin-Forte has refused to rule out accepting campaign support from coal terminal interests or their agents. Coal terminal lobbyist Greg McConnell’s Independent Expenditure Committee “SOS Oakland” is backing her campaign.
In the 2022 mayor’s race, parties hoping to build a coal terminal made $600,000 in contributions to another of McConnell’s Independent Expenditure Committees.
In a recent interview, Harbin-Forte said she is open to “listening to both sides” and will be “fair.” However, the City Attorney’s job is not to judge fairly between the City and its legal opponents – it is to represent the City against its opponents.
She thought that the 2022 settlement negotiations ended because the City “rejected a ‘no coal’ settlement.” This is lobbyist McConnell’s narrative, in contrast to the report by City Attorney Barbara Parker. Parker has explained that the City continued to negotiate in good faith for a settlement with no “loopholes” that could have allowed coal to ship through Oakland – until would-be coal developer Phil Tagami broke off negotiations.
One of Harbin-Forte’s main priorities, listed on her website, is “reducing reliance on outside law firms,” and instead use the lawyers working in the City Attorney’s office.
However, sometimes this office doesn’t have the extensive expertise available that outside firms can provide in major litigation. In the ongoing, high stakes coal litigation, the City has benefited from collaborating with experienced, specialized attorneys who could take on the nationally prominent firms representing the City’s opponents.
The City will continue to need this expertise as it pursues an appeal of the judge’s decision that restored the developer’s lease and defends against a billion-dollar lawsuit brought by the hedge fund operator who holds the sublease on the property.
Harbin-Forte’s unwillingness to refuse campaign contributions from coal terminal interests, her opposition to using outside resources when needed, as well as her uncritical repetition of coal lobbyist McConnell’s claim that the City sabotaged the settlement talks of 2022 all raise serious concerns about how well she would represent the best interests of Oakland and Oaklanders if she is elected City Attorney.
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