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Video Rekindles Debate About Police Treatment of Blacks

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Geneva Reed-Veal, center, hugs family members at a memorial service for her daughter Sandra Bland at Prairie View A&M University, Tuesday, July 21, 2015, in Prairie View, Texas. A newly released dashcam video documents how a routine traffic stop escalated into a shouting confrontation between a Texas state trooper and Bland, which led to her arrest. Bland was found hanging in her jail cell three days after the incident. (AP Photo/Pat Sullivan)

Geneva Reed-Veal, center, hugs family members at a memorial service for her daughter Sandra Bland at Prairie View A&M University, Tuesday, July 21, 2015, in Prairie View, Texas. A newly released dashcam video documents how a routine traffic stop escalated into a shouting confrontation between a Texas state trooper and Bland, which led to her arrest. Bland was found hanging in her jail cell three days after the incident. (AP Photo/Pat Sullivan)

PAUL J. WEBER, Associated Press
WILL WEISSERT, Associated Press

AUSTIN, Texas (AP) — When Sandra Bland refused to put out her cigarette, the police officer opened her car door and tried dragging her out of the vehicle. She asked at least four times why she was being arrested and got no answer. When she told him she had epilepsy, he shouted, “Good!”

The tense dashcam video of the 28-year-old black woman getting pulled over by a white Texas state trooper for not signaling a lane change renewed the national debate Wednesday over how police treat blacks and outraged some critics of law enforcement who saw a motorist who was squarely within her rights.

Bland, who talked about police brutality on social media before her arrest, seemed to be aware of her civil liberties. And a range of experts said the officer’s orders to the 28-year-old motorist were probably lawful, even if his behavior appeared exceptionally aggressive for the circumstances.

Bland’s traffic stop drew special attention because she was found dead in her jail cell three days later, and family and supporters continue to dispute that she hanged herself with a plastic garbage bag, as authorities have concluded. The FBI is supervising a state investigation into the death.

Experts including former law enforcement officials and civil rights attorneys say the video is not a clear-cut case of an officer overstepping his authority in the face of an agitated motorist.

“Believe it or not, sometimes you can’t just look at the video and tell,” said Phillip Lyons, a former police officer and current dean of the College of Criminal Justice at Sam Houston State University in Huntsville, Texas.

The video of the traffic stop in rural Waller County drew more than 1.2 million views on YouTube, less than a day after the Department of Public Safety made the footage public.

The state trooper pulled over Bland on July 10, when she was at Prairie View A&M University, a historically black college, to interview for a job at her alma mater.

The traffic stop swiftly escalates into a shouting match after trooper Brian Encinia tells Bland she seems “irritated” and asks her to put out her cigarette. When Bland protests — “I’m in my car. Why do I have to put out my cigarette?” — Encinia orders her on the street and opens the door to drag her out when she doesn’t comply.

Simply ignoring instructions to stop smoking typically isn’t sufficient grounds for police to demand someone to get out of their car. But officers also have wide discretion to take control of a scene.

Lyons said he saw nothing that was “clearly inappropriate or unnecessary” about the request, but the legal threshold rises when an officer determines that a driver must be physically removed from a vehicle.

The justification for using force is generally supposed to be proportional to the circumstances. Bland is asked more than a dozen times to get out. As he gives those orders, Encinia becomes visibly annoyed at her refusal and eventually reaches into the car.

“We don’t observe anything that would suggest there was a legitimate law enforcement reason to get out of the car. It seems to be just an issue of asserting his authority,” said Rebecca Robertson, the legal and policy director for the American Civil Liberties Union of Texas.

But at the same time, Robertson said, if an officer instructs you to get out, “you have to get out of the car.”

Bland ultimately steps out of her car on her own after the trooper says, “I will light you up,” an apparent threat to use the stun gun he had drawn.

The speed with which Bland was threatened seems to run counter to best practices described in a 2011 Justice Department report about Tasers. The report cited a police survey in which most departments said they allow only “soft tactics,” such as pushing, against someone who refuses to comply but doesn’t physically resist.

Bland also tried recording the encounter on her phone before being told to stop, which experts say is a command police can rightfully make if it interferes with their duties.

To some experts who watched the video, it would have been in the interests of both Bland and Encinia to simply remain calm.

The director of the Department of Public Safety, Steve McCraw, has said Encinia violated internal policies of professionalism and courtesy, but he has not said the trooper acted outside the bounds of the law. Encinia has been placed on administrative leave for violating unspecified police procedures and DPS policy.

“His whole demeanor, his vocabulary, the way that he spoke to this motorist,” said Vernon Herron, a senior policy analyst with the Center for Health and Homeland Security at The University of Maryland. “I just think it added to the fact that she became combative.”

When the confrontation moves off-camera onto the sidewalk, Bland is heard screaming that the trooper is about to break her wrists as she is handcuffed. Bland was arrested for assault on a public servant. In an arrest affidavit, the trooper wrote that Bland had swung her elbows at him and kicked him in the shin.

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Associated Press Writer Jamie Stengle in Dallas contributed to this report.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber .

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Dashcam video posted by Texas Department of Public Safety: www.youtube.com/watch?v=CaW09Ymr2BA .

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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U.S. House Minority Leader Hakeem Jeffries Speaks on Democracy at Commonwealth Club

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages. Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

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: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.
: House Minority Leader Hakeem Jeffries at the Commonwealth Club World Affairs Council on Dec. 2. Photo by Johnnie Burrell. Book cover: "The ABCs of Democracy" by Hakeem Jeffries.

By Linda Parker Pennington
Special to The Post

House Minority Leader Hakeem Jeffries addressed an enthusiastic overflow audience on Monday at San Francisco’s Commonwealth Club, launching his first book, “The ABCs of Democracy.”

Based on his first speech as House minority leader, “The ABCs of Democracy” by Grand Central Publishing is an illustrated children’s book for people of all ages.

Each letter contrasts what democracy is and isn’t, as in: “American Values over Autocracy”, “Benevolence over Bigotry” and “The Constitution over the Cult.”

Less than a month after the election that will return Donald Trump to the White House, Rep. Jeffries also gave a sobering assessment of what the Democrats learned.

“Our message just wasn’t connecting with the real struggles of the American people,” Jeffries said. “The party in power is the one that will always pay the price.”

On dealing with Trump, Jeffries warned, “We can’t fall into the trap of being outraged every day at what Trump does. That’s just part of his strategy. Remaining calm in the face of turmoil is a choice.”

He pointed out that the razor-thin margin that Republicans now hold in the House is the lowest since the Civil War.

Asked what the public can do, Jeffries spoke about the importance of being “appropriately engaged. Democracy is not on autopilot. It takes a citizenry to hold politicians accountable and a new generation of young people to come forward and serve in public office.”

With a Republican-led White House, Senate, House and Supreme Court, Democrats must “work to find bi-partisan common ground and push back against far-right extremism.”

He also described how he is shaping his own leadership style while his mentor, Speaker-Emeritus Nancy Pelosi, continues to represent San Francisco in Congress. “She says she is not hanging around to be like the mother-in-law in the kitchen, saying ‘my son likes his spaghetti sauce this way, not that way.’”

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MacArthur Fellow Dorothy Roberts’ Advocates Restructure of Child Welfare System

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

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Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.
Dorothy Roberts. Photo courtesy of the John D. and Catherine T. MacArthur Foundation.

Special to The Post

When grants were announced Oct. 1, it was noted that eight of the 22 MacArthur Fellows were African American. Among the recipients of the so-called ‘genius grants’ are scholars, visual and media artists a poet/writer, historian, and dancer/choreographer who each receive $800,000 over a five-year period to spend as they see fit.

 Their names are Ruha Benjamin, Jericho Brown, Tony Cokes, Jennifer L. Morgan, Ebony G. Patterson, Shamel Pitts, Jason Reynolds, and Dorothy Roberts. This is the eighth and last in the series highlighting the Black awardees. The report below on Dorothy Roberts is excerpted from the MacArthur Fellows web site.

A graduate of Yale University with a law degree from Harvard, Dorothy Roberts is a legal scholar and public policy researcher exposing racial inequities embedded within health and social service systems.

Sine 2012, she has been a professor of Law and Sociology, and on the faculty in the department of Africana Studies at the University of Pennsylvania.

Roberts’s work encompasses reproductive health, bioethics, and child welfare. She sheds light on systemic inequities, amplifies the voices of those directly affected, and boldly calls for wholesale transformation of existing systems.

Roberts’s early work focused on Black women’s reproductive rights and their fight for reproductive justice. In “Killing the Black Body: Race, Reproduction, and the Meaning of Liberty 1997)”, she analyzes historical and contemporary policies and practices that denied agency to Black women and sought to control their childbearing—from forced procreation during slavery, to coercive sterilization and welfare reform—and advocates for an expanded understanding of reproductive freedom.

This work prompted Roberts to examine the treatment of children of color in the U.S. child welfare system.

After nearly two decades of research and advocacy work alongside parents, social workers, family defense lawyers, and organizations, Roberts has concluded that the current child welfare system is in fact a system of family policing with alarmingly unequal practices and outcomes. Her 2001 book, “Shattered Bonds: The Color of Child Welfare,” details the outsized role that race and class play in determining who is subject to state intervention and the results of those interventions.

Through interviews with Chicago mothers who had interacted with Child Protective Services (CPS), Roberts shows that institutions regularly punish the effects of poverty as neglect.

CPS disproportionately investigates Black and Indigenous families, especially if they are low-income, and children from these families are much more likely than white children to be removed from their families after CPS referral.

In “Torn Apart: How the Child Welfare System Destroys Black Families—and How Abolition Can Build a Safer World (2022),” Roberts traces the historical, cultural, and political forces driving the racial and class imbalance in child welfare interventions.

These include stereotypes about Black parents as negligent, devaluation of Black family bonds, and stigmatization of parenting practices that fall outside a narrow set of norms.

She also shows that blaming marginalized individuals for structural problems, while ignoring the historical roots of economic and social inequality, fails families and communities.

Roberts argues that the engrained oppressive features of the current system render it beyond repair. She calls for creating an entirely new approach focused on supporting families rather than punishing them.

Her support for dismantling the current child welfare system is unsettling to some. Still, her provocation inspires many to think more critically about its poor track record and harmful design.

By uncovering the complex forces underlying social systems and institutions, and uplifting the experiences of people caught up in them, Roberts creates opportunities to imagine and build more equitable and responsive ways to ensure child and family safety.

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Oakland Post: Week of December 18 – 24, 2024

The printed Weekly Edition of the Oakland Post: Week of December 18 – 24, 2024

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