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Lawmakers Push Bill to Grant Prisoners Right to Vote

Last week, Assemblymember Isaac Bryan (D-Los Angeles) the chair of the Assembly’s Committee on Elections introduced Assembly Constitutional Amendment 4 (ACA-4). The legislation proposes amending the California Constitution to allow felons serving time in state and federal prisons to vote.

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Assemblymember Isaac Bryan announces ACA 4 the Bill will restore the voting rights of people who are incarcerated across the state alongside advocates and supporters. Feb. 8, 2023. Screenshot photo.
Assemblymember Isaac Bryan announces ACA 4 the Bill will restore the voting rights of people who are incarcerated across the state alongside advocates and supporters. Feb. 8, 2023. Screenshot photo.

By Maxim Elramsisy

California Black Media

Last week, Assemblymember Isaac Bryan (D-Los Angeles) the chair of the Assembly’s Committee on Elections introduced Assembly Constitutional Amendment 4 (ACA-4). The legislation proposes amending the California Constitution to allow felons serving time in state and federal prisons to vote.

Proposition 17, approved in 2020 by California voters, enabled persons convicted of felonies on parole to vote.

If the bill passes the Assembly and Senate, and the governor approves it, voters in California could vote to join Vermont, Maine, and Washington, D.C. in allowing incarcerated individuals to vote.

“After the 13th Amendment liberated the slaves, we started to see different types of voter disenfranchisement occurring,” Bryan explained in an interview with California Black Media (CBM).

“We saw Black codes, we saw Jim Crow, poll taxes, literacy tests, felony disenfranchisement, becoming more commonplace in statewide constitutions and so it’s through that legacy that we’ve been trying to roll back all of these years and make sure that our democracy is inclusive of everybody,” Bryan commented on the systemic discrimination and disenfranchisement African Americans have endured over centuries.

Lawmakers opposing the legislation say allowing incarcerated felons to vote is a slap in the face to victims of the crimes they committed.

“I believe that it discounts the impact that this will have on people who have suffered being a victim of a very violent offense,” Assemblymember Tom Lackey (R-Palmdale) told CBM.

“Part of rehabilitation is going through a process of recognizing the seriousness of what has been done, and I think when we allow someone to exercise the most sacred privilege that we have in this country, that people have died so that we can exercise that privilege, that is an affront against those who have suffered ill, and a lot of times eternal pain,” Lackey said.

Responding to Lackey’s objection, Bryan said, “That’s like saying allowing incarcerated persons to breathe is an affront to their victims, allowing incarcerated persons to drink water, allowing incarcerated persons to hold conversations with one another.”

“There is no reason that that should be coupled with disenfranchisement and the expelling of individuals as citizens of this country.”

“There’s a difference between suspending a privilege and dehumanizing someone,” Lackey said. “Certainly no one expects someone to go through inappropriate suffering. That is not part of justice. That’s not part of our judicial process.”

David Liamsi Cruz, an advocate from Initiate Justice, was released in September after serving 13 years in prison.

“One problem that I constantly came across was that people serving their sentences alongside me felt that they didn’t have the means to improve their environment that controlled their lives or to contribute to their families’ wellness outside. Despite what many people assume, people in prison care about the same political issues that we outside do,” Cruz said.

“Those who were willing to become civically engaged with me were diligent in their work, they even brought me bill ideas that could have solved issues that were longstanding in their communities. I was honored to witness their passion for change, for an opportunity to grow, and to contribute to something way bigger than themselves.  Even though I am home [from] prison now, I have not forgotten the ten thousand voices of people who are still inside and have so much to contribute. I want their voices to be heard.”

Supporters of the plan say that reducing recidivism — or the reincarceration of persons less than three years after they are released from prison — is one of the primary benefits of this plan.

“We already know a lot of the facts, and the facts are that the more someone is engaged in their democracy, they are 50% less likely to reoffend,” said Assemblymember Ash Kalra (D-San Jose) who is a co-sponsor of the bill.

“So, if we already know this, then the policy not allowing those who are incarcerated to vote has nothing to do with public safety.”

Kalra said when he was a public defender it was “plain as day” to see who was given second chances.

“Those who were given probation versus prison, and it was so connected to race and class and the same communities who have been fighting to be free since the inception, and before the inception of this nation,” he said.

Another concern is the ability for those who are incarcerated to hold public officials accountable. “Those who are incarcerated and their families are some of the most educated people in our state, far more educated than the average voter,” said Kalra. “And they will hold us accountable, and maybe that’s what people are afraid of. They don’t want that accountability from those who are suffering the most from decisions that are made traditionally in [the Capital].”

The legislation is backed by a coalition of lawmakers, including California Legislative Black Caucus members — Assemblymembers Lori Wilson (D–Suisun City), Reggie Jones-Sawyer (D-Los Angeles), Tina McKinnor (D–Inglewood), Mia Bonta (D-Oakland), Dr. Akilah Weber (D–San Diego) and Senators Steven Bradford (D-Inglewood) and Lola Smallwood Cuevas (D–Ladera Heights).

“There was a time where women couldn’t vote,” Jones-Sawyer said at the press conference held last week to announce the bill. “There was a time when African Americans couldn’t vote, and just recently we tried to get slavery out of the California state constitution and it failed, because of Democrats.”

“An American citizen’s right to vote is the most powerful right in our nation,” McKinnor said.   “Let’s be clear, an incarcerated American citizen is an American citizen, and no law should ever restrict an American citizen’s right to vote. Too many Americans have died, too many Americans have sacrificed, too many Americans have been denied the right to vote for too long.”

Lackey and others who oppose the legislation, however, insist that denying a felon to vote is appropriate punishment.

“There has to be a period of reflection and a period of suspension of certain what I would call privileges or rights in order for the judicial process to be effective,” Lackey said to CBM.

Bryan said the protection of citizens’ rights is paramount.

“There are some basic human rights, and then there are some basic American rights that have to be preserved, even in the systems of accountability,” he emphasized.

Activism

An Inside Look into How San Francisco Analyzes Homeless Encampments

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles. These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

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Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.
Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

By Magaly Muñoz

Dozens of unhoused people are camped at Sixth and Jesse streets in San Francisco’s South of Market neighborhood. Tents made of tarps and blankets, piles of debris, and people lounging alongside the allies and walls of businesses are seen from all angles.

These are some of the city’s hotspots. City crews have cleared encampments there over 30 times in the past year, but unhoused people always return.

But it’s normal to have tents set up again within less than 24 hours after an encampment sweep, David Nakanishi, Healthy Streets Operation Center Manager at the Department of Emergency Management, says. Sometimes there’s less people than before but often there is also no change.

“Most of the people that were in the encampments that want to go inside, we’ve gotten the majority of those [into shelter],” Nakanishi says. “Many of the people we encounter now, are those who have various reasons to not accept shelter, and some are already in shelter/housing”.

Since the ruling of Grants Pass by the US Supreme Court earlier this summer, which allows cities the authority to ban people from camping or sleeping on the streets, San Francisco has been at the head of the conversation to crack down on encampments.

Where neighboring cities in the Bay Area are clearing encampments a few days a week, San Francisco is sweeping 10 times a week, two per weekday.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

David Nakanishi, Healthy Streets Operation Center Manager at the San Francisco Department of Emergency Management, makes a 311 report on an encampment in the Mission District. These reports allow smaller city teams to tackle individual spots where unhoused people frequent. Photo by Magaly Muñoz.

Considering the controversy that plagues the city around its harsh policies, the Post decided to tag along on a ride with Nakanishi to show us how he decides what encampments make it on the city’s sweep list.

Nakanishi, having over 20 years of experience in homelessness management, drives around the busiest parts of the city almost daily. He’s tasked with arranging a weekly sweeping operation schedule for city teams to engage with unhoused folks to help get them off the streets.

So what exactly is he looking out for when deciding what encampments get swept?

It depends, he says.

Locations like schools, recreational centers, senior centers, or businesses are places he tends to want to address quickly, especially schools. These are the places where the complaints are highest and access to facilities is important for residents.

He says he also takes into account 311 calls and reports made to him by city staff. On the date of publication, over 100 calls and reports were made about encampments around the city, according to San Francisco data.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Makeshift structures built from plywood and tarps are starting to pop up more throughout the city. Certain areas under freeways are not under direct authority from San Francisco, making it harder to sweep these encampments. Photo by Magaly Muñoz.

Nakanishi made a few 311 reports himself on the ride along, pulling over to take photos and describe the encampments into his 311 app. He says it helps him remember where to possibly sweep next or allows smaller teams in the city to engage quicker with individuals on the streets.

Nakanishi also looks at the state of the encampments. Are there a lot of bulky items, such as furniture, or makeshift structures built out of tarps and plywood, blocking areas of traffic? Is trash beginning to pile up and spill into the streets or sidewalks? Sites that meet this criteria tend to be contenders for encampment sweeps, Nakanishi says.

Street by street, he points out individuals he’s interacted with, describing their conditions, habits, and reasons for denying assistance from the city.

One man on 2nd St and Mission, who rolls around a blue recycling bin and often yells at passing pedestrians, has refused shelter several times, Nakanishi says.

People deny shelter for all kinds of reasons, he says. There’s too many rules to follow, people feel unsafe in congregate or shared shelters, or their behavioral and mental health problems make it hard to get them into proper services.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Inside a tent left by an unhoused man on Stevenson and 14th Street in San Francisco. The area smelled of human waste and leftover alcohol. Photo by Magaly Muñoz.

Nakanishi references another man on South Van Ness under the freeway, who city outreach have attempted to get into shelter, but his screaming outbursts make it difficult to place him without disturbing other people in the same space. Nakanishi says it might be an issue of the man needing resources like medication to alleviate his distress that causes the screaming, but the city behavioral team is in the process of outreaching him to figure that out.

In October, city outreach teams engaged with 495 unhoused people. 377 of those engaged refused shelter and only 118 accepted placements, according to city data. That number of monthly referrals is consistent throughout the entirety of 2024 so far.

Nakanishi has long advocated for the well-being of unhoused people, he explains. In 2004, he was working with the Department of Public Health and told then-Mayor Gavin Newsom that there needed to be more housing for families. Nakinishi was told it was easier to deal with individuals first and the city “will get there eventually.” 20 years later, family housing is still not as extensive as it could be, and the waiting list to get placements for families is a mile long with over 500 names.

In 2020, he was a Senior Behavioral Health Clinician at a hotel in the city during the pandemic. He says in 2021 he collaborated with DPH to provide vaccines to those staying in the makeshift hotel shelters once those became available.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Nakanishi strips apart a solo tent on Stevenson and 14th Street in San Francisco. He discards items, like tarps and cardboard, so that people cannot reuse them to make another sleeping structure. Photo by Magaly Muñoz.

Despite the constant media attention that city outreach is inhumanely treating homeless people, so much so that it has led to lawsuits against San Francisco from advocates, Nakanishi says not a lot of people are seeing the true conditions of some encampments.

He describes soiled clothing and tents, drenched in urine, and oftentimes rodents or bug infestations in places where people are sleeping. He’s asked homeless advocates- often those who are the most critical about the city’s work- who have shown up to observe the sweeps if those are conditions the city should allow people to be subjected to, but not many have answers for him, Nakanishi says.

The city’s “bag and tag” policy allows city workers to throw away items that are “soiled by infectious materials” such as bodily fluids and waste.

Sweep operations are conducted at 8am and 1pm Monday through Friday. People at the encampments are given 72 hour notice to vacate, but some don’t leave the area until the day of the sweep.

City outreach workers come out the day before and day of to offer resources and shelter to those interested. The Department of Public Works discards any trash that is left over from the sweep and washes down the area.

Nakanishi told the Post that the only time the city takes tents or personal possessions from residents is when folks become physically violent towards workers and police take the items as evidence. Other items taken are bagged and tagged in accordance with city policy.

Stories from local newspapers such as the San Francisco Standard and the Chronicle show instances of SFPD handcuffing residents while their items are thrown in the trash or disposing of personal possessions without reason.

Advocates have long been pushing for a more competent and compassionate process if the city is going to choose to continue sweeping unhouse people.

No matter the lawsuits and constant criticisms from allies, the encampment sweeps are not slowing down, even with the cold weather quickly approaching the coastal city.

Nakanishi says there aren’t a lot of large encampments left in San Francisco so now they do runs of streets in order to stretch out the sweeps as much as possible.

It’s calculated strategies and years of first hand knowledge that make this job work, “It takes dedication to the work, caring for the people and the community, and persistence, patience and sometimes good luck to make the positive changes for the people on the street,” Nakanishi says.

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Activism

Oakland Post: Week of November 13 – 19, 2024

The printed Weekly Edition of the Oakland Post: Week of November 13 – 19, 2024

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To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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LIVE! — TOWN HALL ON RACISM AND ITS IMPACT — THURS. 11.14.24 5PM PST

Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024, 5 p.m. – 6:30 p.m. PST

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Join us for a LIVE Virtual Town Hall on the Impact of Racism hosted by Post News Group Journalist Carla Thomas and featuring Oakland, CA NAACP President Cynthia Adams & other Special Guests.
Thursday, November 14, 2024
5 p.m. – 6:30 p.m. PST

Discussion Topics:
• Since the pandemic, what battles have the NAACP fought nationally, and how have they impacted us locally?
• What trends are you seeing concerning Racism? Is it more covert or overt?
• What are the top 5 issues resulting from racism in our communities?
• How do racial and other types of discrimination impact local communities?
• What are the most effective ways our community can combat racism and hate?

Your questions and comments will be shared LIVE with the moderators and viewers during the broadcast.

STREAMED LIVE!
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