Their Family Bought Land One Generation After Slavery. The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.

Their Family Bought Land One Generation After Slavery.

Licurtis Reels, left, and Melvin Davis.

The Reels Brothers Spent Eight Years in Jail for Refusing to Leave It.

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IN THE SPRING OF 2011, the brothers Melvin Davis and Licurtis Reels were the talk of Carteret County, on the central coast of North Carolina. Some people said that the brothers were righteous; others thought that they had lost their minds. That March, Melvin and Licurtis stood in court and refused to leave the land that they had lived on all their lives, a portion of which had, without their knowledge or consent, been sold to developers years before. The brothers were among dozens of Reels family members who considered the land theirs, but Melvin and Licurtis had a particular stake in it. Melvin, who was 64, with loose black curls combed into a ponytail, ran a club there and lived in an apartment above it. He’d established a career shrimping in the river that bordered the land, and his sense of self was tied to the water. Licurtis, who was 53, had spent years building a house near the river’s edge, just steps from his mother’s.

Their great-grandfather had bought the land a hundred years earlier, when he was a generation removed from slavery. The property — 65 marshy acres that ran along Silver Dollar Road, from the woods to the river’s sandy shore — was racked by storms. Some called it the bottom, or the end of the world. Melvin and Licurtis’ grandfather Mitchell Reels was a deacon; he farmed watermelons, beets and peas, and raised chickens and hogs. Churches held tent revivals on the waterfront, and kids played in the river, a prime spot for catching red-tailed shrimp and crabs bigger than shoes. During the later years of racial-segregation laws, the land was home to the only beach in the county that welcomed black families. “It’s our own little black country club,” Melvin and Licurtis’ sister Mamie liked to say. In 1970, when Mitchell died, he had one final wish. “Whatever you do,” he told his family on the night that he passed away, “don’t let the white man have the land.”

Mitchell didn’t trust the courts, so he didn’t leave a will. Instead, he let the land become heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. The practice began during Reconstruction, when many African Americans didn’t have access to the legal system, and it continued through the Jim Crow era, when black communities were suspicious of white Southern courts. In the United States today, 76% of African Americans do not have a will, more than twice the percentage of white Americans.

Many assume that not having a will keeps land in the family. In reality, it jeopardizes ownership. David Dietrich, a former co-chair of the American Bar Association’s Property Preservation Task Force, has called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.” Heirs’ property is estimated to make up more than a third of Southern black-owned land — 3.5 million acres, worth more than $28 billion. These landowners are vulnerable to laws and loopholes that allow speculators and developers to acquire their property. Black families watch as their land is auctioned on courthouse steps or forced into a sale against their will.

Between 1910 and 1997, African Americans lost about 90% of their farmland. This problem is a major contributor to America’s racial wealth gap; the median wealth among black families is about a tenth that of white families. Now, as reparations have become a subject of national debate, the issue of black land loss is receiving renewed attention. A group of economists and statisticians recently calculated that, since 1910, black families have been stripped of hundreds of billions of dollars because of lost land. Nathan Rosenberg, a lawyer and a researcher in the group, told me, “If you want to understand wealth and inequality in this country, you have to understand black land loss.”

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The waterfront that borders the 65-acre tract.

By the time of Melvin and Licurtis’ hearing in 2011, they had spent decades fighting to keep the waterfront on Silver Dollar Road. They’d been warned that they would go to jail if they didn’t comply with a court order to stay off the land, and they felt betrayed by the laws that had allowed it to be taken from them. They had been baptized in that water. “You going to go there, take my dreams from me like that?” Licurtis asked on the stand. “How about it was you?”

They expected to argue their case in court that day. Instead, the judge ordered them sent to jail, for civil contempt. Hearing the ruling, Melvin handed his 83-year-old mother, Gertrude, his flip phone and his gold watch. As the eldest son, he had promised relatives that he would assume responsibility for the family. “I can take it,” he said. Licurtis looked at the floor and shook his head. He had thought he’d be home by the afternoon; he’d even left his house unlocked. The bailiff, who had never booked anyone in civil superior court, had only one set of handcuffs. She put a cuff on each brother’s wrist, and led them out the back door. The brothers hadn’t been charged with a crime or given a jury trial. Still, they believed so strongly in their right to the property that they spent the next eight years fighting the case from jail, becoming two of the longest-serving inmates for civil contempt in U.S. history.


LAND WAS AN IDEOLOGICAL PRIORITY for black families after the Civil War, when nearly 4 million people were freed from slavery. On Jan. 12, 1865, just before emancipation, the Union Army Gen. William Tecumseh Sherman met with 20 black ministers in Savannah, Georgia, and asked them what they needed. “The way we can best take care of ourselves is to have land,” their spokesperson, the Rev. Garrison Frazier, told Sherman. Freedom, he said, was “placing us where we could reap the fruit of our own labor.” Sherman issued a special field order declaring that 400,000 acres formerly held by Confederates be given to African Americans — what came to be known as the promise of “40 acres and a mule.” The following year, Congress passed the Southern Homestead Act, opening up an additional 46 million acres of public land for Union supporters and freed people.

The promises never materialized. In 1876, near the end of Reconstruction, only about 5% of black families in the Deep South owned land. But a new group of black landowners soon established themselves. Many had experience in the fields, and they began buying farms, often in places with arid or swampy soil, especially along the coast. By 1920, African Americans, who made up 10% of the population, represented 14% of Southern farm owners.

Swimmers at the beach on Silver Dollar Road.

A white-supremacist backlash spread across the South. At the end of the 19th century, members of a movement who called themselves Whitecaps, led by poor white farmers, accosted black landowners at night, beating them or threatening murder if they didn’t abandon their homes. In Lincoln County, Mississippi, Whitecaps killed a man named Henry List, and more than 50 African Americans fled the town in a single day. Over two months in 1912, violent white mobs in Forsyth County, Georgia, drove out almost the entire black population — more than a thousand people. Ray Winbush, the director of the Institute for Urban Research, at Morgan State University, told me, “There is this idea that most blacks were lynched because they did something untoward to a young woman. That’s not true. Most black men were lynched between 1890 and 1920 because whites wanted their land.”

By the second half of the 20th century, a new form of dispossession had emerged, officially sanctioned by the courts and targeting heirs’ property owners without clear titles. These landowners are exposed in a variety of ways. They don’t qualify for certain Department of Agriculture loans to purchase livestock or cover the cost of planting. Individual heirs can’t use their land as collateral with banks and other institutions, and so are denied private financing and federal home-improvement loans. They generally aren’t eligible for disaster relief. In 2005, Hurricane Katrina laid bare the extent of the problem in New Orleans, where 25,000 families who applied for rebuilding grants had heirs’ property. One Louisiana real-estate attorney estimated that up to $165 million of recovery funds were never claimed because of title issues.

Heirs are rarely aware of the tenuous nature of their ownership. Even when they are, clearing a title is often an unaffordable and complex process, which requires tracking down every living heir, and there are few lawyers who specialize in the field. Nonprofits often pick up the slack. The Center for Heirs’ Property Preservation, in South Carolina, has cleared more than 200 titles in the past decade, almost all of them for African-American families, protecting land valued at nearly $14 million. Josh Walden, the center’s chief operating officer, told me that it had mapped out a hundred thousand acres of heirs’ property in South Carolina. He said that investors hoping to build golf courses or hotels can target these plots. “We had to be really mindful that we didn’t share those maps with anyone, because otherwise they’d be a shopping catalogue,” he told me. “And it’s not as if it dries up. New heirs’ property is being created every day.”

Through interviews and courthouse records, I analyzed more than three dozen cases from recent years in which heirs’ property owners lost land — land that, for many of them, was not only their sole asset but also a critical part of their heritage and their sense of home. The problem has been especially acute in Carteret County. Beaufort, the county seat, was once the site of a major refugee camp for freed people. Black families eventually built homes near where the tents had stood. But in the 1970s the town became a tourist destination, with upscale restaurants, boutiques, and docks for yachts. Real-estate values surged, and out-of-town speculators flooded the county. David Cecelski, a historian of the North Carolina coast, told me, “You can’t talk to an African-American family who owned land in those counties and not find a story where they feel like land was taken from them against their will, through legal trickery.”


Gertrude’s yard, near the trailers of relatives.

BEAUFORT IS A QUAINT TOWN, lined with coastal cottages and Colonial homes. When I arrived, last fall, I drove 20 miles to Silver Dollar Road, where Melvin and Licurtis’ family lives in dozens of trailers and wood-panelled houses, scattered under pine and gum trees.

Melvin and Licurtis’ mother, Gertrude, greeted me at her house and led me into her living room, where porcelain angels lined one wall. Gertrude is tough and quiet, her high voice muffled by tobacco that she packs into her cheek. People call her Mrs. Big Shit. “It’s because I didn’t pay them no mind,” she told me. The last of Mitchell Reels’ children to remain on the property, she is the family matriarch. Grandchildren, nieces and nephews let themselves into her house to pick up mail or take out her trash. Around dinnertime on the day I was there, the trickle of visitors turned into a crowd. Gertrude went into the kitchen, coated fish fillets with cornmeal and fried them for everyone.

Her daughter Mamie told me that Melvin and Licurtis had revelled in the land as kids, playing among the inky eels and conch shells. In the evenings, the brothers would sit on the porch with their cousins, a rag burning to keep the mosquitoes away. On weekends, a pastor strode down the dirt street, robed in white, his congregants singing “Wade in the Water.” Licurtis was a shy, humble kid who liked working in the cornfields. Melvin was his opposite. “When the school bus showed up, when he come home, the crowd would come with him and stay all night,” Gertrude said. When Melvin was 9, he built a boat from pine planks and began tugging it along the shore. A neighbor offered to teach him how to shrimp, and, in the summer, Melvin dropped nets off the man’s trawler. He left school in the 10th grade; his catch was bringing in around a thousand dollars a week. He developed a taste for sleek cars, big jewelry and women, and started buying his siblings Chuck Taylors and Timberlands.

Gertrude was the administrator of the estate. She’d left school in the eighth grade and wasn’t accustomed to navigating the judicial system, but after Mitchell’s death she secured a court ruling declaring that the land belonged to his heirs. The judgment read, “The surviving eleven (11) children or descendants of children of Mitchell Reels are the owners of the lands exclusive of any other claim of any one.”

Gertrude in her living room overlooking the shoreline.

In 1978, Gertrude’s uncle Shedrick Reels tried to carve out for himself the most valuable slice of land, on the river. He used a legal doctrine called adverse possession, which required him to prove that he had occupied the waterfront for years, continuously and publicly, against the owners’ wishes. Shedrick, who went by Shade and worked as a tire salesman in New Jersey, hadn’t lived on Silver Dollar Road in 27 years. But he claimed that “tenants” had stood in for him — he had built a house on the waterfront in 1950, and relatives had rented it or run it as a club at various times since. Some figured that it was Shade’s land. He also produced a deed that his father, Elijah, had given him in 1950, even though Mitchell, another of Elijah’s sons, had owned the land at the time.

Shade made his argument through an obscure law called the Torrens Act. Under Torrens, Shade didn’t have to abide by the formal rules of a court. Instead, he could simply prove adverse possession to a lawyer, whom the court appointed, and whom he paid. The Torrens Act has long had a bad reputation, especially in Carteret. “It’s a legal way to steal land,” Theodore Barnes, a land broker there, told me. The law was intended to help clear up muddled titles, but, in 1932, a law professor at the University of North Carolina found that it had been co-opted by big business. One lawyer said that people saw it as a scheme “whereby rich men could seize the lands of the poor.” Even Shade’s lawyer, Nelson Taylor, acknowledged that it was abused; he told me that his own grandfather had lost a 50-acre plot to Torrens. “First time he knew anything about it was when somebody told him that he didn’t own it anymore,” Taylor said. “That was happening more often than it ever should have.”

Mitchell’s kids and grandkids were puzzled that Shade’s maneuver was legal—they had Mitchell’s deed and a court order declaring that the land was theirs. And they had all grown up on that waterfront. “How can they take this land from us and we on it?” Melvin said. “We been there all our days.” Gertrude’s brother Calvin, who handled legal matters for the family, hired Claud Wheatly III, the son of one of the most powerful lawyers in town, to represent the siblings at a Torrens hearing about the claim. Gertrude, Melvin and his cousin Ralphele Reels, the only surviving heirs who attended the hearing, said that they left confident that the waterfront hadn’t gone to Shade. “No one in the family thought at the end of the day that it was his land and we were going to walk away from it forever,” Ralphele told me.

Wheatly told me a different story. In his memory, the Torrens hearing was chaotic, but the heirs agreed to give Shade, who has since died, the waterfront. When I pressed Wheatly, he conceded that not all the heirs liked the outcome, but he said that Calvin had consented. “I would have been upset if Calvin had not notified them, because I generally don’t get involved in those things without having a family representative in charge,” he told me. He said that he never had a written agreement with Calvin — just a conversation. (Calvin died shortly after the hearing.) The lawyer examining Shade’s case granted him the waterfront, and Wheatly signed off on the decision. The Reels family, though it didn’t yet know it, had lost the rights to the land on the shoreline.

Licurtis had set up a trailer near the river a couple of years earlier, in 1977. He was working as a brick mason and often hosted men from the neighborhood for Budweiser and beans in the evenings. Melvin had become the center of a local economy on the shore. He taught the men how to work the water, and he paid the women to prepare his catch, pressing the soft crevice above the shrimps’ eyes and popping off their heads. He had a son, Little Melvin, and in the summers his nephews and cousins came to the beach, too. One morning, he took eight of them out on the water and then announced that he’d made a mistake: only four were allowed on the boat. He threw them overboard one by one. “We’re thinking, We’re gonna drown,” one cousin told me. “And he jumps off the boat with us and teaches us how to swim.”

In 1982, Melvin and Gertrude received a trespassing notice from Shade. They took it to a lawyer, who informed them that Shade now legally owned a little more than 13 acres of the 65-acre plot. The family was stunned, and suspicious of the claim’s validity. Many of the tenants listed to prove Shade’s continuous possession were vague or unrecognizable, like “Mitchell Reels’ boy,” or “Julian Leonard,” whom Gertrude had never heard of. (She had a sister named Julia and a brother named Leonard but no memory of either one living on the waterfront.) The lawyer who granted the land to Shade had also never reported the original court ruling that Gertrude had won, as he should have done.

Shade’s ownership would be almost impossible to overturn. There’s a one-year window to appeal a Torrens decision in North Carolina, and the family had missed it by two years. Soon afterward, Shade sold the land to developers.

Melvin’s club, Fantasy Island, still stands on the 13-acre plot that the Reels lost.

THE REELSES KNEW that if condos or a marina were built on the waterfront the remaining 50 acres of Silver Dollar Road could be taxed not as small homes on swampy fields but as a high-end resort. If they fell behind on the higher taxes, the county could auction off their property. “It would break our family right up,” Melvin told me. “You leave here, you got no more freedom.”

This kind of tax sale has a long history in the dispossession of heirs’ property owners. In 1992, the NAACP accused local officials of intentionally inflating taxes to push out black families on Daufuskie, a South Carolina sea island that has become one of the hottest real-estate markets on the Atlantic coast. Property taxes had gone up as much as 700% in a single decade. “It is clear that the county has pursued a pattern of conduct that disproportionately displaces or evicts African-Americans from Daufuskie, thereby segregating the island and the county as a whole,” the NAACP wrote to county officials. Nearby Hilton Head, which as recently as two decades ago comprised several thousand acres of heirs’ property, now, by one estimate, has a mere 200 such acres left. Investors fly into the county each October to bid on tax-delinquent properties in a local gymnasium.

In the upscale town of Summerville, South Carolina, I met Wendy Reed, who, in 2012, was late paying $83.81 in taxes on the lot she had lived on for nearly four decades. A former state politician named Thomas Limehouse, who owned a luxury hotel nearby, bought Reed’s property at a tax sale for $2,000, about an eighth of its value. Reed had a year to redeem her property, but, when she tried to pay her debt, officials told her that she couldn’t get the land back, because she wasn’t officially listed as her grandmother’s heir; she’d have to go through probate court. Here she faced another obstacle: heirs in South Carolina have 10 years to probate an estate after the death of the owner, and Reed’s grandmother had died 30 years before. Tax clerks in the county estimate that each year they send about a quarter of the people who try to redeem delinquent property to probate court because they aren’t listed on the deed or named by the court as an heir. Limehouse told me, “To not probate the estate and not pay the taxes shouldn’t be a reason for special dispensation. When you let things go, you can’t blame the county.” Reed has been fighting the case in court since 2014. “I’m still not leaving,” she told me. “You’ll have to pack my stuff and put me off.”


FOR YEARS, the conflict on Silver Dollar Road was dormant, and Melvin continued expanding his businesses. Each week, Gertrude packed two-pound bags of shrimp to sell at the farmers’ market, along with petunias and gardenias from her yard. Melvin was also remodelling a night club, Fantasy Island, on the shore. He’d decked it out with disco lights and painted it white, he said, so that “on the water it would shine like gold.”

The majority of the property remained in the family, including the land on which Gertrude’s house stood. But Licurtis had been building a home in place of his trailer on the contested waterfront. “It was the most pretty spot,” he told me. “I’d walk to the water, and look at my yard, and see how beautiful it was.” He’d collected the signatures of other heirs to prove that he had permission, and registered a deed.

A palm tree and colored lights inside Fantasy Island.

When real-estate agents or speculators came to the shore, Melvin tried to scare them away. A developer told me that once, when he showed the property to potential buyers, “Melvin had a roof rack behind his pickup, jumped out, snatched a gun out.” It wasn’t the only time that Melvin took out his rifle. “You show people that you got to protect yourself,” he told me. “Any fool who wouldn’t do that would be crazy.” His instinct had always been to confront a crisis head on. When hurricanes came through and most people sought higher ground, he’d go out to his trawler and steer it into the storm.

The Reels family began to believe that there was a conspiracy against them. They watched Jet Skis crawl slowly past in the river and shiny SUVs drive down Silver Dollar Road; they suspected that people were scouting the property. Melvin said that he received phone calls from mysterious men issuing threats. “I thought people were out to get me,” he said. Gertrude remembers that, one day at the farmers’ market, a white customer sneered that she was the only thing standing in the way of development.

In 1986, Billie Dean Brown, a partner at a real-estate investment company called Adams Creek Associates, had bought Shade’s waterfront plot sight unseen to divide and sell. Brown was attracted to the strength of the Torrens title, which he knew was effectively incontrovertible. When he discovered that Melvin and Licurtis lived on the property, he wasn’t troubled. Brown was known among colleagues as Little Caesar — a small man who finished any job he started. In the early 2000s, he hired a lawyer: Claud Wheatly III. The man once tasked with protecting the Reels family’s land was now being paid to evict them from it. Melvin and Licurtis saw Wheatly’s involvement as a clear conflict of interest. Their lawyers tried to disqualify Wheatly, arguing that he was breaching confidentiality and switching sides, but the judge denied the motions.

Claud Wheatly III at his office.

Earlier this year, I met Wheatly in his office, a few blocks from the county courthouse. Tall and imposing, he has a ruddy face and a teal-blue stare. We sat under the head of a stuffed warthog, and he chewed tobacco as we spoke. He told me that he had no confidential information about the Reelses, and that he’d never represented Melvin and Licurtis; he’d represented their mother and her siblings. “Melvin won’t own one square inch until his mother dies,” he said.

In 2004, Wheatly got a court order prohibiting the brothers from going on the waterfront property. The Reels family began a series of appeals and filings asking for the decree to be set aside, but judge after judge ruled that the family had waited too long to contest the Torrens decision.

Licurtis didn’t talk about the case, and tried to hide his stress. But, Mamie told me, “you could see him wearing it.” Occasionally, she would catch a glimpse of him pacing the road early in the morning. When he first understood that he could face time in jail for remaining in his house, he tried removing the supports underneath it, thinking that he could hire someone to wrench the foundation from the mud and move it elsewhere. Gertrude wouldn’t allow him to go through with it. “You’re not going with the house nowhere,” she told him. “That’s yours.”

At 4 a.m. on a spring day in 2007, Melvin was asleep in his apartment above the club when he heard a boom, like a crash of thunder. He went to the shore and found that his trawler, named Nancy J., was sinking. Yellow plastic gloves, canned beans and wooden crab boxes floated in the water. There was a large hole in the hull, and Melvin realized that the boom had been an explosion. He filed a report with the sheriff’s office, but it never confirmed whether an explosive was used or whether it was an accident, and no charges were filed. Melvin began to wake with a start at night, pull out his flashlight, and scan the fields for intruders.

By the time of the brothers’ hearing in 2011, Melvin had lost so much weight that Licurtis joked that he could store water in the caverns by his collarbones. The family had come to accept that the dispute wasn’t going away. If the brothers had to go to jail, they would. Even after the judge in the hearing found them guilty of civil contempt, Melvin said, “I ain’t backing down.” Licurtis called home later that day. “It’ll be all right,” he told Gertrude. “We’ll be home soon.”


ONE OF THE MOST PERNICIOUS legal mechanisms used to dispossess heirs’ property owners is called a partition action. In the course of generations, heirs tend to disperse and lose any connection to the land. Speculators can buy off the interest of a single heir, and just one heir or speculator, no matter how minute his share, can force the sale of an entire plot through the courts. Andrew Kahrl, an associate professor of history and African-American studies at the University of Virginia, told me that even small financial incentives can have the effect of turning relatives against one another, and developers exploit these divisions. “You need to have some willing participation from black families — driven by the desire to profit off their land holdings,” Kahrl said. “But it does boil down to greed and abuse of power and the way in which Americans’ history of racial inequality can be used to the advantage of developers.” As the Reels family grew over time, the threat of a partition sale mounted; if one heir decided to sell, the whole property would likely go to auction at a price that none of them could pay.

When courts originally gained the authority to order a partition sale, around the time of the Civil War, the Wisconsin Supreme Court called it “an extraordinary and dangerous power” that should be used sparingly. In the past several decades, many courts have favored such sales, arguing that the value of a property in its entirety is greater than the value of it in pieces. But the sales are often speedy and poorly advertised, and tend to fetch below-market prices.

On the coast of North Carolina, I met Billy Freeman, who grew up working in the parking lot of his uncle’s beachside dance hall, Monte Carlo by the Sea. His family, which once owned thousands of acres, ran the largest black beach in the state, with juke joints and crab shacks, an amusement park and a three-story hotel. But, over the decades, developers acquired interests from other heirs, and, in 2008, one firm petitioned the court for a sale of the whole property. Freeman attempted to fight the partition for years. “I didn’t want to lose the land, but I felt like everybody else had sold,” he told me. In 2016, the beach, which covered 170 acres, was sold to the development firm for $1.4 million. On neighboring beaches, that sum could buy a tiny fraction of a parcel so large. Freeman got only $30,000.

Billy Freeman on a pier that remains in his family’s possession.

The lost property isn’t just money; it’s also identity. In one case that I examined, the mining company PCS Phosphate forced the sale of a 40-acre plot, which contained a family cemetery, against the wishes of several heirs, whose ancestors had been enslaved on the property. (A spokesperson for the company told me that it is a “law-abiding corporate citizen.”)

Some speculators use questionable tactics to acquire property. When Jessica Wiggins’ uncle called her to say that a man was trying to buy his interest in their family’s land, she didn’t believe him; he had dementia. Then, in 2015, she learned that a company called Aldonia Farms had purchased the interests of four heirs, including her uncle, and had filed a partition action. “What got me was we had no knowledge of this person,” Wiggins told me, of the man who ran Aldonia. (Jonathan S. Phillips, who now runs Aldonia Farms, told me that he wasn’t there at the time of the purchase, and that he’s confident no one would have taken advantage of the uncle’s dementia.) Wiggins was devastated; the 18 acres of woods and farmland that held her great-grandmother’s house was the place that she had felt safest as a child. The remaining heirs still owned 61% of the property, but there was little that they could do to prevent a sale. When I visited the land with Wiggins, her great-grandmother’s house had been cleared, and Aldonia Farms had erected a gate. Phillips told me, “Our intention was not to keep them out but to be good stewards of the property and keep it from being littered on and vandalized.”

Last fall, Wiggins and her relatives gathered for the auction of the property on the courthouse steps in the town of Windsor. A bronze statue of a Confederate soldier stood behind them. Wiggins’ cousin Danita Pugh walked up to Aldonia Farms’ lawyer and pulled her deed out of an envelope. “You’re telling me that they’re going to auction it off after showing you a deed?” she said. “I’m going to come out and say it. The white man takes the land from the black.”

Hundreds of partition actions are filed in North Carolina every year. Carteret County, which has a population of 70,000, has one of the highest per-capita rates in the state. I read through every Carteret partition case concerning heirs’ property from the past decade, and found that 42% of the cases involved black families, despite the fact that only 6% of Carteret’s population is black. Heirs not only regularly lose their land; they are also required to pay the legal fees of those who bring the partition cases. In 2008, Janice Dyer, a research associate at Auburn University, published a study of these actions in Macon County, Alabama. She told me that the lack of secure ownership locks black families out of the wealth in their property. “The Southeast has these amazing natural resources: timber, land, great fishing,” she said. “If somebody could snap their fingers and clear up all these titles, how much richer would the region be?”

Mansions on land once owned by Freeman’s family.

Thomas W. Mitchell, a property-law professor at Texas A&M University School of Law, has drafted legislation aimed at reforming this system, which has now passed in 14 states. He told me that heirs’ property owners, particularly those who are African-American, tend to be “land rich and cash poor,” making it difficult for them to keep the land in a sale. “They don’t have the resources to make competitive bids, and they can’t even use their heirs’ property as collateral to get a loan to participate in the bidding more effectively,” he said. His law, the Uniform Partition of Heirs Property Act, gives family members the first option to buy, sends most sales to the open market, and mandates that courts, in their decisions to order sales, weigh non-economic factors, such as the consequences of eviction and whether the property has historic value. North Carolina is one of eight states in the South that has held out against these reforms. The state also hasn’t repealed the Torrens Act. It is one of fewer than a dozen states where the law is still on the books.

Last year, Congress passed the Agricultural Improvement Act, which, among other things, allows heirs’ property owners to apply for Department of Agriculture programs using nontraditional paperwork, such as a written agreement between heirs. “The alternative documentation is really, really important as a precedent,” Lorette Picciano, the executive director of Rural Coalition, a group that advocated for the reform, told me. “The next thing we need to do is make sure this happens with FEMA, and flood insurance, and housing programs.” The bill also includes a lending program for heirs’ property owners, which will make it easier for them to clear titles and develop succession plans. But no federal funding has been allocated for these loans.


THE FIRST TIME I MET Melvin and Licurtis in the Carteret jail, Melvin filled the entire frame of the visiting-room window. He is a forceful presence, and prone to exaggeration. His hair, neatly combed, was streaked with silver. He didn’t blink as he spoke. Licurtis had been given a diagnosis of diabetes, and leaned against a stool for support. He still acted like a younger brother, never interrupting Melvin or challenging his memory. He told me that, at night, he dreamed of the shore, of storms blowing through his house. “The water rising,” Licurtis said. “And I couldn’t do nothing about it.” He was worried about his mother. “If they took this land from my mama at her age, and she’d been farming it all her life, you know that would kill her,” he told me.

The brothers were seen as local heroes for resisting the court order. “They want to break your spirits,” their niece Kim Duhon wrote to them. “God had you both picked out for this.” Even strangers wrote. “When I was a kid, it used to sadden me that white folks had Radio Island, Atlantic Beach, Sea Gate and other places to swim, but we didn’t!” one letter from a local woman read. She wrote that, when she was finally taken to Silver Dollar Road, “I remember seeing nothing but my own kind (Blk Folks!).”

In North Carolina, civil contempt is most commonly used to force defendants to pay child support. When the ruling requires a defendant to pay money other than child support, a new hearing is held every 90 days. After the first 90 days had passed, Melvin asked a friend in jail to write a letter on his behalf. (Melvin couldn’t read well, and he needed help writing.) “I’ve spent 91 days on a 90 day sentence and I don’t understand why,” the letter read. “Please explain this to me! So I can go home, back to work. Sincerely, Melvin Davis.” The brothers learned that although Billie Dean Brown’s lawyer had asked for 90 days, the court had decided that there would be no time restriction on their case, and that they could be jailed until they presented evidence that they had removed their homes. They continued to hold out. Brown wasn’t demolishing their buildings while they were incarcerated, and so they believed that they still had a shot at convincing the courts that the land was theirs. That fall, Brown told the Charlotte Observer, “I made up my mind, I will die and burn in hell before I walk away from this thing.” When I reached Brown recently, he told me that he was in an impossible position. “We’ve had several offers from buyers, but once they learned of the situation they withdrew,” he said.

A house that Melvin built, now wrecked, near the waterfront.

Three months turned into six, and a year turned into several. Jail began to take a toll on the brothers. The facility was designed for short stays, with no time outside, and nowhere to exercise. They couldn’t be transferred to a prison, because they hadn’t been convicted of a crime. Early on, Melvin mediated fights between inmates and persuaded them to sneak in hair ties for him. But over time he stopped taking care of his appearance and became withdrawn. He ranted about the stolen land, though he couldn’t quite nail down who the enemy was: Shade or Wheatly or Brown, the sheriffs or the courts or the county. The brothers slept head to head in neighboring beds. “Melvin would say crazy things,” Licurtis told me. “Lay on down and go to sleep, wake up, and say the same thing again. It wore me down.” Melvin is proud and guarded, but he told me that the case had broken him. “I’m not ashamed to own it,” he said. “This has messed my mind up.”

Without the brothers, Silver Dollar Road lost its pulse. Mamie kept her blinds down; she couldn’t stand to see the deserted waterfront. At night, she studied her brothers’ case, thumbing through the court files and printing out the definitions of words that she didn’t understand, like “rescind” and “contempt.” She filled a binder with relatives’ obituaries, so that once her brothers got out they would have a record of who had passed away. When Claud Wheatly’s father died, she added his obituary. “I kept him for history,” she told me.

Gertrude didn’t have the spirit to farm. Most days, she sat in a tangerine armchair by her window, cracking peanuts or watching the shore like a guard. This winter, we looked out in silence as Brown’s caretaker drove through the property. Melvin and Licurtis wouldn’t allow Gertrude to visit them in jail. Licurtis said that “it hurt so bad” to see her leave.

Other members of the family — Melvin and Licurtis’ brother Billy, their nephew Roderick and their cousin Shawn — kept trying to shrimp, but the river suddenly seemed barren. “It might sound crazy, but it was like the good Lord put a curse on this little creek, where ain’t nobody gonna catch no shrimp until they’re released,” Roderick told me. Billy added, “It didn’t feel right no more with Melvin and them not there, because we all looked out for one another. Some mornings, you didn’t even want to go.”

Debris on the beach.

Sheriff’s deputies came to the property a few times a week, and they wouldn’t allow the men to dock their boats on the pier. One by one, the men lost hope and sold their trawlers. Shawn took a job at Best Buy, cleaning the store for $11.50 an hour, and eventually moved to Newport, 30 miles southwest, where it was easier to make rent. Billy got paid to fix roofs but soon defaulted on the mortgage for his house on Silver Dollar Road. “One day you good, and the next day you can’t believe it,” he told me.

Roderick kept being charged with trespassing, for walking on the waterfront, and he was racking up thousands of dollars in legal fees. He’d recently renovated his boat — putting in an aluminum gas tank, large spotlights and West Marine speakers — but, without a place to dock, he saw no way to hold on to it. He found work cutting grass and posted his boat on Craigslist. A white man responded. They met at the shore, and, as the man paid, Roderick began to cry. He walked up Silver Dollar Road with his back to the river. He told me, “I just didn’t want to see my boat leave.”


THE REELS BROTHERS were locked in a hopeless clash with the law. One judge who heard their case likened them to the Black Knight in “Monty Python and the Holy Grail,” who attempts to guard his forest against King Arthur. “Even after King Arthur has cut off both of the Black Knight’s arms and legs, he still insists that he will continue to fight and that no one may pass — although he cannot do anything,” the judge wrote, in an appeals-court dissent.

In February, nearly eight years after Melvin and Licurtis went to jail, they stood before a judge in Carteret to request their release. They were now 72 and 61, but they remained defiant. Licurtis said that he would go back on the property “just as soon as I walk out of here.” Melvin said, “I believe that land is mine.” They had hired a new lawyer, who argued that it would cost almost $50,000 to tear down the brothers’ homes. Melvin had less than $4,000 in the bank; Licurtis had nothing. The judge announced that he was releasing them. He warned them, however, that if they returned to their homes they’d “be right back in jail.” He told them, “The jailhouse keys are in your pockets.”

Melvin, left, and Licurtis, on his mother’s porch, with his former house behind him.

An hour later, the brothers emerged from the sheriff’s department. Melvin surveyed the parking lot, which was crowded with friends and relatives. “About time!” he said, laughing and exchanging hugs. “You stuck with me.” When he spotted Little Melvin, who was now 39, he extended his arm for a handshake. Little Melvin pulled it closer and buried his face in his father’s shoulder, sobbing.

When Licurtis came out, he folded over, as if his breath had been pulled out of him. Mamie wrapped her arms around his neck, led him to her car, and drove him home. When they reached Silver Dollar Road, she honked the horn all the way down the street. “Back on Silver Dollar Road,” Licurtis said, pines flickering by his window. “Mm-mm-mm-mm-mm.”

Melvin spent his first afternoon shopping for silk shirts and brown leather shoes and a cell phone that talked to him. Old acquaintances stopped him — a man who thanked him for his advice about hauling dirt, a DJ who used to spin at Fantasy Island. While in jail, Melvin had been keeping up with his girlfriends, and 11 women called looking for him.

Melvin told me that he’d held on for his family, and for himself, too. But away from the others his weariness showed. He acknowledged that he was worried about what would happen, his voice almost a whisper. “They can’t keep on doing this. There’s got to be an ending somewhere,” he said.

A few days later, Gertrude threw her sons a party, and generations of relatives came. The family squeezed together on her armchairs, eating chili and biscuits and lemon pie. Mamie gave a speech. “We gotta get this water back,” she said, stretching her arms wide. “We gotta unite. A chain’s only as strong as the links in it.” The room answered, “That’s right.” The brothers, who were staying with their mother, kept saying, “Once we get this land stuff sorted out . . .” Relatives who had left talked about coming back, buying boats and go-karts for their kids. It was less a plan than a fantasy — an illusion that their sense of justice could overturn the decision of the law.

Pine trees by the shore.

The brothers hadn’t stepped onto the waterfront since they’d been back. The tract was 100 feet away but out of reach. Fantasy Island was a shell, the plot around it overgrown. Still, Melvin seemed convinced that he would restore it. “Put me some palm trees in the sand and build some picnic tables,” he said.

After the party wound down, I sat with Licurtis on his mother’s porch as he gazed at his house, which was moldy and gutted, its frame just visible in the purple dusk. He reminisced about the house’s wood-burning heater, the radio that he’d always left playing. He said that he planned to build a second story and raise the house to protect it from floods. He wanted a wraparound deck and big windows. “I’ll pour them walls solid all the way around,” he said. “We’ll bloom again. Ain’t going to be long.”


Worried about protecting heirs’ property owners? We made a list of ways that families can protect themselves and describe legislative reforms that experts have proposed.

This story is not subject to our Creative Commons license.

Lizzie Presser covers health and healthcare policy at ProPublica. She previously worked as a contributing writer for The California Sunday Magazine, where she wrote about labor, immigration, and how social policy is experienced.

Design and production by Jillian Kumagai and Agnes Chang.

How to Close Heirs’ Property Loopholes — ProPublica

 

How to Close Heirs’ Property Loopholes

What to consider to avoid losing land that has been passed down through generations without a will and is shared among heirs.

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The Reels brothers grew up on waterfront land that their great-grandfather bought one generation after slavery. Their family has lived there for more than a century. But because it was passed down without a will, it became heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. Without a clear title, these landowners are vulnerable to laws that allow speculators and developers to acquire their property. One attorney called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.”

Read about the Reels brothers and the risks of heirs’ property.


What can heirs’ property owners do to protect their land?

  • Plan for the future. Write a will or prepare a transfer on death deed to help pass a clear title to the next generation.

  • Pay your property taxes. Visit your tax assessor’s office and make sure that your taxes are paid and that the address of the person responsible for coordinating bills is up to date.

  • Write a family tree. Find out the names on the deed for your land and lay out each generation of heirs that has followed. You can use legal documents from the county, like birth certificates and marriage licenses, as well as family letters, obituaries, information from genealogy websites and records from family reunions.

  • Create a paper trail to prove your ownership. If you inherited your property without a will or formal estate proceedings, many states allow for an affidavit of heirship to be filed in the property records to establish your ownership. The rules of when and how an affidavit can be filed vary by state.

  • Consolidate the ownership. Consider asking other heirs if they would be willing to transfer their interest in the property to those with the closest ties to the land. In many states, this can be done through a gift deed.

  • Manage the co-ownership. Talk to a lawyer you trust about your options, like creating a family LLC or land trust.

  • Track your expenses. If you pay for expenses on the property, like improvements to the homes or taxes, keep track of them. If a partition sale is started, you may be able to receive a larger share of the proceeds.

The Reels brothers grew up on waterfront land that was passed down without a will. (Wayne Lawrence, special to ProPublica)

What laws affect heirs’ property owners?

Fourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition actions and can help heirs’ property owners gain access to Department of Agriculture programs. States where this has not passed include North Carolina, Mississippi, Florida, Louisiana and Tennessee.

The 2018 Farm Bill created a lending program that, if funded by Congress, would support local organizations providing legal assistance to heirs’ property owners.

About half of the states have Transfer on Death Deed statutes, which allow families to file a simple deed that automatically transfers title to real property upon the owner’s death, without having to go through probate court. The Uniform Real Property Transfer on Death Act has been presented as a model for how such statutes can be written.

What do advocates see as the next steps in helping heirs’ property owners?

Advocates have supported a number of possible legislative initiatives, including:

  • Funding to support an increase in the number of legal aid lawyers who help families clear title and make estate plans, and to support local legal education on maintaining clear title.

  • Legislation that creates an easier route for heirs’ property owners to access FEMA and home repair programs by allowing for heirship affidavits, a simpler, less costly process than clearing a title through the courts.

  • Legislation that creates alternatives to the formal administration of estates when a homeowner dies without a will.

  • Legislation that allows heirs’ property owners to access exemptions from property taxes that are available to other homeowners.

Source: How to Close Heirs’ Property Loopholes — ProPublica

Fixing systemic racism: 19 Black economists you should know about | Fortune

 

As the world grapples with uprooting systemic racism—a conversation catapulted into collective consciousness by the death of George Floyd—it is imperative that Black economists become household names. Their work will move us through the current moment to enable a long-lasting future that upends the oppression in the Black community that subsequently harms the economic system at large.

Economics—a discipline whose core focus is exploring who gets what, where, when, and why—is of great interest to Black people, who too often find themselves on the wrong side of America’s divides in wealth and income. But they’ve faced barriers in matriculating into the profession, as Lisa Cook and Anna Gifty Opoku Agyeman noted in their recent New York Times article, “It Was a Mistake For Me To Choose This Field.” The most recent data, from 2017, show that only 3.2% of doctoral degrees in economics are awarded to Black people each year. More than 52% of Black economists experience racism and/or discrimination, according to a 2019 report by the American Economics Association, and less than half of one percent of all top economics papers across a 30-year-period explicitly address race/ethnicity.

Nearly 100 years have passed, and not much has changed, since America’s first Black economist, Dr. Sadie T.M. Alexander, obtained her PhD from the University of Pennsylvania in 1921. She aimed to champion economic inclusion and justice, despite being denied the ability to practice as an economist in the pre-Civil Rights era. Even though she was deliberately excluded from the profession, she continued to use her economic expertise to recommend better policies for the working class such as the federal jobs guarantee, a concept embraced by President Franklin D. Roosevelt that has been a foundational concept in progressive politics ever since.

Scholars Julianne Malveaux and Nina Banks have been committed to unearthing Alexander’s legacy through her speeches. Her passion for using economics to serve marginalized voices through policy is a common thread that connects the earliest work of Black economists as well as current scholars in the field. Phyllis Ann Wallace, the first woman to receive doctorate of economics at Yale University, focused on racial, as well as gender discrimination in the workplace. Abram Lincoln Harris, who published major economic studies in the 1920s and 1930s, made it a point to focus on “class analysis, black economic life, and labor to illustrate the structural inadequacies of race and racial ideologies.”

To turn the tide against blatant exclusion in their field, today’s Black economists have been keen on supporting pipeline efforts through a variety of organizations including The National Economic Association, the American Economic Association, the Committee on the Status of Minorities in the Economics Profession (CSMGEP), the Women’s Institute for Science, Equity and Research, and The Sadie Collective.

The list presented here, on Juneteenth, serves as a means to center and celebrate the work of Black economic experts across various specializations—both emerging and well-established. Their research and policy analysis should inform public discourse not only on how to improve the Black community’s reality, but in turn to make policy that is better for everyone. Please note: This list is certainly not exhaustive.

Each economist’s name is followed by their main area of specialization, in parentheses.

Juneteenth-Black Economists-Dania Francis

Bryan Frank

Dania Francis (Education) is a professor at the University of Massachusetts, Amherst whose work spans from the implications of educational outcomes for Black females based on the perceptions of Black girls in the classroom to economic reparations for African Americans. Her research interests include labor economics, public finance, economics of education, and racial and ethnic economic disparities.

Juneteenth-Black Economists-Peter Blair

Courtesy of Brown Dog Studio

Peter Q. Blair (Education and the Future of Work) is on the faculty in the Graduate School of Education at Harvard University, where he co-directs the Project on Workforce. He serves as a faculty research fellow of the National Bureau of Economic Research (NBER) and the Principal Investigator of the BE-Lab, a research group with partners from Harvard University, Clemson University, and University of Illinois Urbana-Champaign. His group’s research focuses on the link between the future of work and the future of education, labor market discrimination, occupational licensing, and residential segregation.

Juneteenth-Black Economists-Williams-Jhacova Williams

EPI

Jhacova Williams (Race and Inequality) is an economist for the Economic Policy Institute’s Program on Race, Ethnicity, and the Economy (PREE). In this capacity, she explores the role of structural racism in shaping racial economic disparities in labor markets, housing, criminal justice, higher education, and other areas that have a direct impact on economic outcomes. Williams’s research has focused on Southern culture and the extent to which historical events continue to impact the political behavior and economic outcomes of Southern Blacks.

Juneteenth-Black Economists-Kristen Broady

Courtesy of Kristen Broady

Kristen Broady (Race and Inequality) is the dean of the College of Business and Barron Hilton Endowed Professor of Financial Economics at Dillard University. She is also the proprietor of KBroad Consulting. Her most recent publications include “Passing and the Costs and Benefits of Appropriating Blackness,” “Dreaming and Doing at Georgia HBCUs: Continued Relevancy in Post Racial America” and “Race and Jobs at High Risk to Automation.”

Juneteenth-Black Economists-WILLIAM DARITY

Justin Cook for The Wall Street Journal

William Darity, Jr.(Race and Inequality) is the Samuel DuBois Cook Professor of Public Policy, African and African American Studies, and Economics and the director of the Samuel DuBois Cook Center on Social Equity at Duke University. He has served as chair of the Department of African and African American Studies and was the founding director of the Research Network on Racial and Ethnic Inequality at Duke. With well over 300 publications, Darity launched the sub-field of stratification economics in 2005. Darity’s research focuses on inequality by race, class and ethnicity, schooling and the racial achievement gap, North-South theories of trade and development, skin shade and labor market outcomes, the economics of reparations, the Atlantic slave trade and the Industrial Revolution, the history of economics, and the social psychological effects of exposure to unemployment. His most recent book, co-authored with A. Kirsten Mullen is From Here to Equality: Reparations for Black Americans in the Twenty-First Century.

Juneteenth-Black Economists-Darrick Hamilton

Courtesy of Darrick Hamilton

Darrick Hamilton (Race and Inequality), one of the country’s leading economists examining racial disparity, will serve as the founding director of the newly created Institute for the Study of Race, Stratification and Political Economy at The New School. His research spans the gamut from stratification economics through economic and social policy, race, ethnicity and colorism, education, health, labor, asset and debt markets and family formation. His TED Talk, with over 1.5 million views, incited much conversation during the past presidential election season about how to end inequality in America.

Juneteenth-Black Economists-Trevon Logan

Courtesy of Trevon Logan

Trevon Logan (Economic History) is the Hazel C. Youngberg Trustees Distinguished Professor in the Department of Economics at The Ohio State University. As the youngest president of the National Economic Association to date, he specializes in economic history and applied demography. He obtained his PhD in Economics from the University of California, Berkeley.

Juneteenth-Black Economists-Willene Johnson

Courtesy of Willene Johnson

Willene Johnson (International Economics) is president of Komaza, Inc., a consulting firm that offers instruction and advice on economic and financial development, including microfinance, security sector resource management, and the role of economics in conflict management. Johnson has worked extensively in Africa, where she was first a volunteer teacher and more recently the U.S. executive director at the African Development Bank. She worked for twenty years in the Federal Reserve System, where her assignments included both research and operational responsibilities in international financial markets.

Juneteenth-Black Economists-Peter Blair Henry

Courtesy of NYU Leonard N. Stern School of Business

Peter Blair Henry (International Economics) is a former dean of New York University’s Leonard N. Stern School of Business, where he is now the William R. Berkley Professor of Economics and Business. He’s the author of TURNAROUND: Third World Lessons for First World Growth. His research interests include international finance, emerging markets, international economic policy, globalization & trade, and macroeconomics.

Juneteenth-Black Economists-Susan Collins

Austin Thomaso/Michigan Photography

Susan Collins (International Economics) is the interim vice provost at the University of Michigan. She joined the Michigan faculty in 2007, serving as the Joan and Sanford Weill Dean of the Gerald R. Ford School of Public Policy until 2017. Before coming to Michigan, she was on the economics faculty at Georgetown University and Harvard University, and a senior fellow at the Brookings Institution (where she retains a nonresident affiliation). She is an international economist whose research interests center on understanding and fostering economic growth in industrial, emerging market, and developing countries.

Juneteenth-Black Economists-Sandile Hlatshwayo

Courtesy of Sandile Hlatshwayo

Sandile Hlatshwayo (International Economics) has research interests in the areas of international trade, international finance, and macroeconomics. She is an economist at the International Monetary Fund, where she helps identify and evaluate global risks through predictive modeling, text-based analytics, and strategic foresight tools (e.g., scenario planning). She also sits on the board of Black Professionals in International Affairs and serves as an inaugural member of the American Economic Association’s Committee on the Status of LGBTQ+ Individuals in the Economics Profession.

Juneteenth-Black Economists-ebonya washington

Michael Marsland

Ebonya Washington (Public Finance), a professor at Yale University, specializes in political economy. Her work explores the formation of political attitudes and how marginalized populations use the political system to attain economic needs. In a recent paper she turns her lens on her own profession, asking what economists can do to increase racial and ethnic diversity in their ranks.

Juneteenth-Black Economists-Damon Jones

Courtesy of University of Chicago

Damon Jones (Public Finance) is an associate professor at the University of Chicago Harris School of Public Policy. He conducts research at the intersection of three fields—public finance, household finance, and behavioral economics—and focuses on topics of inequality. He was a post doctoral fellow at the Stanford Institute for Economic Policy Research (2009–2010) and is a Faculty Research Fellow at the National Bureau of Economic Research.

Courtesy of Julianne Malveaux

Julianne Malveaux (Public Finance) has long been recognized for her progressive and insightful observations. As a labor economist, Malveaux has been described by Cornel West as “the most iconoclastic public intellectual in the country.” Her contributions to the public dialogue on issues such as race, culture, gender, and their economic impacts are shaping public opinion in 21st century America. She is the 15th president of the historically Black all women’s school Bennett College. Her notable works include writings on race, class, and Black women’s economics.

Juneteenth-Black Economists-William Spriggs

Courtesy of William Spriggs

William Spriggs (Labor Economics) is the former assistant secretary for the Office of Policy at the U.S. Department of Labor. He currently serves as the chief economist to the AFL-CIO and has been professor of economics at Howard University since 2012. Spriggs’s economic expertise lies in workforce issues, labor, tax and public policy. Prior to his position at AFL-CIO, he led economic policy development at several think tanks such as the Economic Policy Institute and the National Urban League. He has also held roles at the Department of Commerce, the Small Business Administration and the Economic Committee of the U.S. Congress.

Juneteenth-Black Economists-Ellora Derenoncourt

JM Photo

Ellora Derenoncourt (Labor Economics) is an economist with research interests in labor economics, economic history, and inequality. She is currently a postdoctoral research associate in the Industrial Relations Section in the Department of Economics at Princeton University. In July 2020, she will join the University of California, Berkeley, as an assistant professor in the Department of Economics and the Goldman School of Public Policy.

Juneteenth-Black Economists-Michelle Holder

Courtesy of John Jay College City University of New York

Michelle Holder (Labor Economics) is an assistant professor of Economics at John Jay College, City University of New York. Prior to joining the John Jay faculty, she worked as an economist for a decade in both the nonprofit and government sectors. Her research focuses on blacks and women in the American labor market, and her economic policy reports have been covered by the New York Times, the Wall Street Journal, the New York Amsterdam News, and El Diario. Her first book, African American Men and the Labor Market during the Great Recession, was released in 2017.

Juneteenth-Black Economists-Valerie Wilson-EPI

Valerie Wilson (Labor Economics) is the director of the Economic Policy Institute’s Program on Race, Ethnicity, and the Economy (PREE), a nationally recognized source for expert reports and policy analyses on the economic condition of America’s people of color. Prior to joining EPI, Wilson was an economist and vice president of research at the National Urban League Washington Bureau. She has written extensively on various issues impacting economic inequality in the United States—including employment and training, income and wealth disparities, access to higher education, and social insurance.

Juneteenth-Black Economists-Dr. Lisa Cook

Courtesy of Dr. Lisa Cook

Lisa Cook (Macroeconomics) is a professor in the Department of Economics and in International Relations at Michigan State University. Among her current research interests are economic growth and development, financial institutions and markets, innovation, and economic history. She was a National Fellow at Stanford University and served in the White House as a Senior Economist at the Council of Economic Advisers under President Obama. She also served as President of the National Economic Association and is currently Director of the American Economic Association Summer Program.

Fanta Traore is an MPP and MBA candidate at Yale University. She co-founded the Sadie Collective, which addresses the underrepresentation of Black women in economics and related fields. Follow her on Twitter and Instagram @TheFantaTraore.

Proud to note that of these 5 are OUR COMMON GROUND Voices (guest on our broadcast).

Drs. Lisa Cook,William Darity, Darrick Hamilton,Peter Blair Henry, Willene Johnson and William Spriggs.

 

Source: Fixing systemic racism: 19 Black economists you should know about | Fortune

From Here to Equality | William A. Darity Jr. | A. Kirsten Mullen ::: University of North Carolina Press

Racism and discrimination have choked economic opportunity for African Americans at nearly every turn. At several historic moments, the trajectory of racial inequality could have been altered dramatically. Perhaps no moment was more opportune than the early days of Reconstruction, when the U.S. government temporarily implemented a major redistribution of land from former slaveholders to the newly emancipated enslaved. But neither Reconstruction nor the New Deal nor the civil rights struggle led to an economically just and fair nation. Today, systematic inequality persists in the form of housing discrimination, unequal education, police brutality, mass incarceration, employment discrimination, and massive wealth and opportunity gaps. Economic data indicates that for every dollar the average white household holds in wealth the average black household possesses a mere ten cents.

In From Here to Equality, William Darity Jr. and A. Kirsten Mullen confront these injustices head-on and make the most comprehensive case to date for economic reparations for U.S. descendants of slavery. After opening the book with a stark assessment of the intergenerational effects of white supremacy on black economic well-being, Darity and Mullen look to both the past and the present to measure the inequalities borne of slavery. Using innovative methods that link monetary values to historical wrongs, they next assess the literal and figurative costs of justice denied in the 155 years since the end of the Civil War. Finally, Darity and Mullen offer a detailed roadmap for an effective reparations program, including a substantial payment to each documented U.S. black descendant of slavery. Taken individually, any one of the three eras of injustice outlined by Darity and Mullen–slavery, Jim Crow, and modern-day discrimination–makes a powerful case for black reparations. Taken collectively, they are impossible to ignore.

Source: From Here to Equality | William A. Darity Jr. | University of North Carolina Press

White Backlash Is Nothing New – The Atlantic

A group of black marchers protesting school-board policies is met by white counterprotesters during a double demonstration in Memphis on August 31, 1963.
A group of black marchers protesting school-board policies is met by white counterprotesters during a double demonstration in Memphis on August 31, 1963.BILL HUDSON / AP

The word backlash gained popularity in the summer of 1963, when, after dallying on the issue for the first two years of his presidency, President John F. Kennedy proposed significant civil-rights legislation. In response, the word, which had primarily denoted the recoil of a fishing line, was repurposed, usually as “white backlash,” to refer to opposition to the increased pace of African American civil-rights activism or the Kennedy (and, after his assassination in November 1963, the Lyndon B. Johnson) administration’s legislative proposals and executive actions, or both.

In 1966, a commentator, speaking of “the grand new word, backlash,” claimed without much exaggeration that “just about everything that happened could be (and was) attributed to some form of backlash.” The word came to stand for a topsy-turvy rebellion in which white people with relative societal power perceived themselves as victimized by what they described as overly aggressive African Americans demanding equal rights. Backlash, as the New York Times columnist Tom Wicker wrote, “is nothing more nor less than white resentment of Negroes.”

Moving beyond an opposition to civil rights, the word backlash—less frequently qualified as “white”—quickly became a synonym for a new and growing conservative force, signifying a virulent counterreaction to all manner of social movements and cultural transformations that became central to American politics. Over time, observers noted manifestations of this reaction in a “Southern backlash,” a “male backlash,” a “heterosexual backlash,” a “property tax backlash” and a “backlash against environmentalists.” Just a month after the passage of the Civil Rights Act, a journalist described the United States as being in the midst of “a multitude of backlashes.” But as one commentator pointed out, “The word which gave rise to all sorts of other ‘lashes’ was coined in reference to white opposition to Negro gains.”

During Reconstruction, opponents of the black-freedom struggle deployed preemptive, apocalyptic, slippery-slope arguments that have remained enduring features of backlash politics up to the present. They treated federal support for African American civil rights, economic and social equality—however delayed, reluctant, underfunded, and incomplete it may have been—as a cataclysmic overreaction and framed it as a far more dangerous threat to liberty than the injustice it was designed to address. In 1867, not even two years after ratification of the Thirteenth Amendment, the Brooklyn Daily Eagle decried the placement of political power “in the hands of a property-less and ignorant class of the population,” and pronounced that “the pending Reconstruction scheme must be abandoned.”

Since then, such framing has done more than merely shape the politics of reaction in the United States; it has also constrained putatively supportive political leaders, who live in fear of setting off backlashes. Responding to a moderate plan to enfranchise only free blacks in Louisiana in 1864, the Union general Nathaniel P. Banks, worrying about a negative response from the state’s whites, who were being defeated in the Civil War, said, “Revolutions which are not controlled and held within reasonable limits produce counter-revolution.” That obeisance to a defeated group in 1864 was an extreme version of a general pattern that has remained a hallmark of backlashes ever since: solicitousness to white fears.

For many white backlashers in the 1960s, the era of what the historian C. Vann Woodward called the “second Reconstruction,” the first Reconstruction remained a negative model. They viewed its reform as overly fast-paced, and felt that it foregrounded black civil rights at the cost of white people’s peace of mind. They associated civil-rights activism with what popular historians and commentators of the day called the “excesses” of Reconstruction, by which they meant a combination of “militant” African American demands for basic equality with overweening, aggressive, and hasty federal action in support of interracial democracy. Thurman Sensing of the Southern States Industrial Council, a conservative business group, described the civil-rights movement in 1966 as an effort to force “the Reconstruction of American customs,” showing the degree to which the post–Civil War campaign for racial equality remained a central metaphor for white backlashers. The journalist in December 1963 who noted the political power of those opposed to “Negro pressure for equal opportunity and the Federal Government’s pace on the Civil Rights front,” could just as easily have been describing the origins of the counterrevolution of the 1870s.

What is particularly noteworthy is that the white backlash in this case was in place before the passage of the Civil Rights Act in July 1964. The pattern is this: American reactionary politics is nearly always preemptive, predicting catastrophe and highlighting potential slippery slopes. “White backlash,” after all, got its name in 1963, just months after African Americans in Birmingham risked attacks from police dogs and high-pressure fire hoses in order to demand justice, and immediately after Kennedy mooted the idea of substantive legislation—both events taking place well before the Civil Rights Act became law. What one reporter called “white panic” was driven by fears of “favoritism” and “special privileges” for African Americans—that white “workers would be forced out of their jobs to make way for Negroes,” as one article put it that year, when Jim Crow still prevailed. “Many of my people think the Negroes want to take over the country,” a midwestern Republican politician said in a Wall Street Journal article published on April 10 of the following year, still months before the Act’s passage. “They think there are things in the bill that just aren’t there, like forced sales of housing to Negroes and stuff like that.” White backlashers imagined coercion where it did not exist. They embraced a lexicon and posture of victimization that hearkened back to the era of Reconstruction and anticipated the deceiving, self-pitying MAGA discourse that drives reactionary politics in Donald Trump’s America.

Residents of Levittown, Penn., are shown during a rally to protest plans by William Myers, a black man, to move into a home in the all-white community of 60,000 persons, Aug. 17, 1957.  (Bill Ingraham / AP)
Residents of Levittown, Pennsylvania, are shown during a rally on August 17, 1957, to protest plans by William Myers, a black man, to move into a home in the all-white community of 60,000 people.  (Bill Ingraham / AP)

Since reconstruction, many backlash campaigns have imposed a politics of white fragility and frustration onto racial-equality struggles. Reporting on the “hate vote” in The Saturday Evening Post, in October 1964, one month before the presidential election, Ben H. Bagdikian highlighted the “churning, emotional conflict within each voter,” by which he meant white people. He noted that the backlashers “are not against a better life for the Negro, but they are strongly against this being achieved at the cost of white tranquility.” The elevation of “tranquility” over equal justice for all was a hallmark of backlash discourse, which ranked white feelings over black rights.

Backlashers understood civil rights as zero-sum, and therefore treated campaigns for African American equality as an inexcusable undermining of what they saw as deserved white privileges and prerogatives. A New York Times poll revealed, in condensed form, the emotional landscape of the white backlash: “Northern white urbanites have no sympathy for the Negro’s plight, and believe the Civil Rights movement has gone too far, while a considerable percentage believes Negroes ‘don’t appreciate what we’re doing for them.’” The extension of sympathy, such as being in favor of a “better life for the Negro,” was, then, conditional on personal convenience and easily withdrawn. “In general, the persons interviewed were mildly in favor of a better break for Negroes—as long as it wouldn’t affect them personally,” the reporter Dave Allbaugh observed in 1963.

White backlashers did not just wallow in their fear, anger, and resentment. In broadcasting these feelings widely, they shaped the limits of acceptable reform. Recommending a “go-slow course,” they could extend sympathy or not, and sought to determine when equal rights crossed the line into “special privileges.” A reporter noted “the apprehension of suburbanites and others in white neighborhoods that their residential areas will face an influx of Negroes.” In this worldview, whites presented themselves as victims, the crimes perpetrated against them by campaigns for equality were anxiety, inconvenience, and fear. Long before the passage of the Civil Rights Act, a politician told the Post’s Roberts in October 1963, “For the first time, I’m getting mail from white people saying, ‘Wait a minute, we’ve got rights too.’” The “too” was especially telling because at that time a large number of African Americans still lacked federal protection for basic civil and voting rights.

The reporting on the backlash foregrounded white fears and anxieties in a way that coverage of African Americans rarely did. Jerry Landauer’s April 1964 report for the Wall Street Journal highlighted white people’s “emotion-laden struggle,” appropriating even the word struggle to describe the psychological challenges for white Americans of adjusting to the possibility of racial equality. Landauer noted “the intense resentment of large blocs of whites in the North,” which was amplified by the likelihood that the Civil Rights Act might actually become law (which it did in July). “To them, the bill has become a symbol of fear—fear of losing jobs to Negroes; fear that neighborhood schools will be flooded by Negro kids ‘bussed in’ from across town; fear that homeowners will be forced to sell, if they wish to sell at all, to Negro newcomers.” These were fears of the consequences of African American equality, framed as unfair victimization.

Throughout what we might call the “backlash era,” African Americans offered a clear-eyed analysis and robust critique of backlashes and white defenses of them, taking them to be, as the ex-baseball star and longtime activist Jackie Robinson put it in a 1966 New York Amsterdam News article, “a great big fat alibi for bigotry.” Whereas many white observers in the early 1960s highlighted the novelty of white backlash, Martin Luther King Jr. more accurately called it “a new name for an old phenomenon” that “had always existed underneath and sometimes on the surface of American life.”  Langston Hughes wrote a poem, “The Backlash Blues,” which Nina Simone later set to music and recorded.

Members of the Arkansas-based white-pride organization White Revolution protest on May 21, 2005. (David S. Holloway / Getty)

Perhaps Lorraine Hansberry most directly put her finger on the issue in a June 1964 talk titled “The Black Revolution and the White Backlash,” which she gave at the Town Hall in New York City. She spoke during an event organized by the Association of Artists for Freedom, a group of African American artists and intellectuals, about two weeks before the passage of the Civil Rights Act. Pointing to the long history of the black-liberation struggle, Hansberry said, “The charge of impatience is simply unbearable.” Her request to the “white liberal to stop being a liberal and to become a radical” was largely a call for those liberals to recognize that the true victims of racism were not resentful white Americans but African Americans demanding equality.

But, as Johnson was also well aware, the forces of backlash were far from defeated. “I think we just delivered the South to the Republican Party for a long time to come,” LBJ told Bill Moyers, his press aide, shortly after he signed the Civil Rights Act. With the hindsight that history offers, we can see that Goldwater’s campaign was less a sign of the backlash’s vanquishing than a harbinger of modern conservatism. In 1966, the influential columnists Rowland Evans and Robert Novak called white backlash “a permanent feature of the political scene,” where it has remained ever since.

Using the same phrase that General Banks had employed a century earlier, but to different purposes, a columnist wrote that the proper way to understand white backlash was as “a counter-revolution against the black man.” Counterrevolution is a phrase that Americans rarely use to describe our politics. But it is not unfair or inaccurate to apply this label to white backlash, whose explicit goal was to slow or halt the civil-rights revolution.

The backlashers lost a number of key political battles in the 1960s, the decade in which they got their name. From Reconstruction to the New Deal, they had been vanquished before, and they’ve been defeated more recently, too, in a variety of areas—LBGTQ rights, for example. But both before and since, the preemptive politics of grievance and anti-egalitarianism they championed, whereby the psychology of privilege takes center stage while the needs of the oppressed are forced to wait in the wings, has left a deforming and reactionary imprint on our political culture. It has done so not just by emboldening reactionaries but by making the fear of setting off backlashes a standard element of the political conversation.

Neo-Nazis, members of the alt-right, and white supremacists take part in a “Unite the Right” rally in Charlottesville, Virginia, in 2017.* (Zach D Roberts / NurPhoto via Getty)

Consider, as examples, when last year the economist Larry Summers tweeted about the dangers of a wealth tax “boomerang,” and David Brooks warned about the “ugly backlash” that would likely follow an impeachment trial. Or, in a similar vein, when the columnist Ross Douthat wrote that if the Democrats adopt the Green New Deal, it “will empower climate-change skeptics, weaken the hand of would-be compromisers in the GOP” and “possibly help Donald Trump win re-election.” In this way, backlash politics has become a constraint on modern liberalism.

The backlashers have been out in force at recent anti-social-distancing protests, which have been dominated by white people proclaiming that public-health measures to prevent the spread of COVID-19 are robbing them of their birthright of liberty. Making the connection to prior backlashes explicit, some protesters have waved Confederate flags and held signs that read give me liberty or give me death. While in some ways laughable, given their complaints about being unable to get a haircut or having to “get two iced teas in the drive thru,” some of the protesters also incite fear, with their ostentatious weapon-wielding and threats of violence, to say nothing of their willingness to potentially infect others with the coronavirus. Drawing upon the template of the backlashes of earlier historic moments, these protesters, too, combine the paranoia and insecurity that have long warped our political culture with acclamations of freedom for some at the expense of freedom for all. As during Reconstruction and the civil-rights era, we face once again the danger that a politics of freedom and equality may be eclipsed by the psychology of white resentment.


* A photo caption in this article previously misstated the date the photo was taken. It is from the 2017 “Unite the Right” rally in Charlottesville, Virginia.

Lawrence B. Glickman is a history professor at Cornell University. He is the author, most recently, of Free Enterprise: An American History.

Source: White Backlash Is Nothing New – The Atlantic

Adam Serwer: A Nation Without Law, Order, or Justice – The Atlantic

GETTY / ARSH RAZIUDDIN / THE ATLANTIC

“Please don’t be too nice,” Donald Trump told an audience of police officers on Long Island in 2017, in a speech largely focused on the MS-13 gang. The audience laughed. “When you see these thugs being thrown into the back of a paddy wagon, you just see them thrown in, rough. I said, ‘Please don’t be too nice.’”

Floyd’s killing has sparked nationwide protests, despite the fact that the coronavirus outbreak, which has killed more than 100,000 Americans and left 40 million without work, is still killing about 1,000 people a day in the United States. Those Americans who were disproportionately dying from a plague came out in force to protest being murdered by their government. Trump, who ran as the “law and order” candidate, now presides over the very “American carnage” he vowed to end.

A different president might have tried to quell the unrest and unify the nation, but Trump is incapable of that. He cannot rally Americans around a common identity or interest, because his presidency is a rejection of the concept, an affirmation of the conviction that America’s traditional social hierarchies are good and just. He is hardly the first president to embrace those hierarchies as unassailably virtuous, but he is the first in decades to do so openly. Law and order, for this president, simply means that he and his ideological allies are above the law, while others, such as Floyd, are merely subject to it. The chaos sweeping across the United States has many causes, but the one over which the president has the most control is the culture of lawlessness and impunity he has cultivated and embraced. When you attempt to impose “law and order” without justice, you get chaos.

The moral core of the protests is a simple demand: that police who abuse their authority be held accountable, that black Americans be able to live free lives without fearing that they will be cut short by a chance encounter with law enforcement. This demand clashes with the history of the United States, in which the ideal of equal justice coexists uneasily with the tacit understanding of many Americans that guarding the color line is one of law enforcement’s obligations, a commitment that has existed from slavery to the beating of marchers on the Edmund Pettus Bridge. When Martin Luther King Jr. was assassinated in 1968, Ronald Reagan blamed the activist for his own murder, hissing that King’s death was the kind of “great tragedy that began when we began compromising with law and order.”

When a white dog-walker in Central Park threatened to call the police on a black bird-watcher and tell them that “an African American man is threatening my life,” she was leveraging their mutual understanding that the police exist to protect white people from black people. This is why Chauvin and his fellow officers thought nothing of him being videotaped as he dug his knee into Floyd’s neck, and why authorities in Georgia saw no crime in the stalking and killing of Ahmaud Arbery. Integrating police departments was meant to help align law enforcement with its stated ideals, but as in every other area of public policy, correcting centuries of tradition is an arduous task, even if one is sincerely committed to it.

The president, a man who once called for the execution of five black and Hispanic teenagers for a crime they did not commit, is not just skeptical of reform. He views the violent enforcement of the color line as an honorable calling, and one that police officers should embrace rather than reject. Decades after taking out a newspaper ad demanding that New York “Bring back the death penalty and bring back our police!” the president still refuses to acknowledge the innocence of the Central Park Five. If they were not guilty of the actual crime, they were guilty of being the kind of people he wanted the police to crack down on.

Trump has few ideological convictions as consistent as his belief in the redemptive power of state violence against religious and ethnic minorities. During the 2016 campaign, Trump regaled audiences with tales of apocryphal war crimes against Muslims by American service members, then he pardoned service members who engaged in actual war crimes. He vowed to disregard the constitutional rights of anyone suspected of being an undocumented immigrant, then he pardoned Joe Arpaio, an Arizona sheriff famous for violating those rights.

Remarks like those the president made on Long Island are often dismissed by the president’s defenders as just an artifact of his brash personality. Hardly. The Trump administration has worked diligently to turn the president’s affection for extralegal cruelty against religious and ethnic minorities into public policy, from the Trump-era toddler jails for migrants to his anti-Muslim travel ban. As with the prior examples, Trump’s encouragement of police brutality is far more than bluster.

During the Obama administration, the civil-rights division of the Justice Department undertook an aggressive effort to root out unconstitutional policing practices, initiating more such investigations than any prior administration. The authority it relied on was authored by police reformers and tucked into the now-disfavored 1994 crime bill, drafted in part by the presumptive Democratic presidential nominee, Joe Biden. Its inclusion in the bill was a response to the beating of Rodney King and the riots that followed the acquittal of the officers who attacked him. In other words, in 2017, the Trump administration took a provision of the law passed to prevent police brutality and the unrest it sparks, crumpled it up, and threw it in the trash.

In Miami, Obama-era investigators found “egregiously long delays in concluding administrative investigations of officer-involved shootings.” In Chicago, they found a widespread pattern of abuses hidden by “police officers’ code of silence,” which included lying and “affirmative efforts to conceal evidence.” In Baltimore, which was rocked by riots following the death of Freddie Gray in police custody in 2015, investigators discovered “repeated violations of … constitutional and statutory rights, further eroding the community’s trust in the police.” In Ferguson, Missouri, an investigation following the protests and riots sparked by the killing of Michael Brown found that local police had set “maximizing revenue as the priority,” not solving crime, leading to officers crushing the town’s impoverished black residents with fines and fees designed to finance the local government. If the Trump administration had not abandoned any effort at police oversight, it might have discovered that Minnesota police had rendered dozens of suspects unconscious with the same knee restraint that killed Floyd.

Among the police forces investigated was the Suffolk County Police Department, the jurisdiction where Trump gave his speech extolling the virtues of police brutality. The department entered into a federal-supervision agreement in 2014 to take measures to avoid discriminating against Hispanic residents.

The Justice Department’s probes were not criminal investigations. Their purpose was to curb police abuses and, by doing so, to improve local law-enforcement agencies’ relationships with their communities and reduce crime. When a local community lives in fear of the police, its members will minimize their interactions with cops as much as possible, lest they end up like Floyd.

Ideally, overseeing police misconduct would be the job of local elected officials. But what appears to be a public-policy problem is also a problem of political power. Local leaders cower in fear of the power of police unions, whose political interests include not just securing higher wages and benefits or better equipment and overtime pay, but impunity for criminal behavior.

“Many of these unions have pushed collective bargaining agreements that make it all but impossible for departments to punish, much less fire, officers,” as BuzzFeed News’ Melissa Segura has written. “These agreements defang civilian review boards and police internal affairs departments, and they even prevent police chiefs from providing meaningful oversight, according to community activists and civil rights lawyers. Meanwhile, the unions have set up legal slush funds to defend officers sued for misconduct.”

The approach of many police unions both reinforces the code of silence for police abuse and makes officers whose consciences are troubled less likely to intervene, because the social costs of speaking out are so much greater than the possibility that a corrupt officer will face justice for breaking the law.

“It’s tough when somebody witnesses something and they want to speak up against it. You feel like if you do speak up, you’ll end up looking like the bad guy. Now people don’t want to talk to you,” Michael Baysmore, a black former cop in Baltimore, told BuzzFeed News in 2016. “And if nothing even happens to the person you spoke up against, it’s almost like, what’s the point?”

The extent of police unions’ power was illustrated this weekend, when New York City Mayor Bill de Blasio, elected as a police reformer, defended cops plowing through protesters with cars even as the local sergeants’ union doxxed his daughter for participating in the protests.

The Obama administration’s reform efforts, although ultimately aimed at improving policing, were seen by the police unions as a “war on cops,” because they threatened the impunity to which their organizations aspired. By 2015, the ubiquity of cellphone cameras and their ability to document for white audiences the shocking regularity of lethal encounters between police and black Americans had led some police-union officials to reconsider their approach. But the rise of Donald Trump, and his unqualified embrace of both racial discrimination and official impunity for law enforcement, offered new political possibilities.

Police departments themselves are not monolithic—some actually rejected Sessions’s offer to rescind federal-oversight agreements—and some law-enforcement organizations, those run by black officers in particular, have tried to rectify the profession’s history of discrimination. But the political power of police unions, the impunity granted by police contracts, and the culture of silence enforced by both leave little room for dissent, with isolation and ignominy as a reward for those who do. The entrenched legal doctrine of qualified immunity ensures that the most egregious violations of the Constitution cannot be addressed in civil court. A system that so efficiently stifles accountability cannot be overcome by the good intentions of individual officers. It is a system that ensures, as a matter of design, that bad apples remain to spoil the batch. And that was before the president encouraged police to engage in brutality for its own sake.

The head of the police union in Minneapolis, Bob Kroll, decried the Obama administration’s “handcuffing and oppression of the police” at a Trump rally in 2019. On Monday, Kroll released a letter complaining that the four police officers who had been fired over Floyd’s death had been denied “due process.” Floyd, who was being detained on suspicion of forgery, was to blame for his own death, because of his “violent criminal history.” This is a worldview that is consonant with Trumpism, in that it imagines being democratically accountable to those you regard as beneath you as tyranny, and the unquestioned authority to impose your will on those people as freedom. But amidst the president’s vocal encouragement of police brutality, his administration’s conscious abdication of oversight, and the police unions’ fanatical resistance to accountability, the condemnations of Floyd’s killing from Trump and his allies ring hollow.

This agenda of impunity for police who break the law has merged flawlessly with President Trump’s belief in impunity for himself and his allies. Both political philosophies envision a line drawn between those who are protected by the law and those who are subject to it. As Trump’s second attorney general, William Barr, articulated with chilling clarity, communities that protest police abuses “might find themselves without the police protection they need.” This principle does not apply to the president or other members of the ruling party in good standing—merely to Americans whose rights have historically been easily revocable, and occasionally to those who express solidarity with them.

As the historian Rick Perlstein recounts in Nixonland, when asked by a black reporter what law and order meant, Nixon replied, “To me law and order must be combined with justice. Now that’s what I want for America. I want the kind of law and order that deserves respect.” Reporters today do not bother asking Trump what law and order means, because everyone already understands that it simply means violence.

Trump has dispensed with any pretense of seeking justice, and the Trump-era Republican Party has closed every possible path for reforming the police. Federal oversight of police is oppression. Elected officials who seek police reform have “blood on their hands.” The exercise of prosecutorial discretion by district attorneys is “anti-law enforcement” when it involves “seeking sentences that are pathetically lenient,” in the words of Barr, who has meanwhile busied himself with bailing out the president’s criminal associates. Those who challenge police abuses are not even allowed the dignity of protesting in silence. This is not the rule of law; it is the rule of might, and it is devoid of anything resembling justice.

After Floyd’s death, Minneapolis erupted in protests, including riots that began last Wednesday night and lasted through the weekend. The protests spread across the country, and in some cases so did the violence. In an atmosphere of lawlessness, opportunists looking to harm others, cause destruction, vandalize, or steal will attach themselves to whatever legitimate cause they can find. Those acting out of rage or grief may do the same. But whether motivated by rage, greed, or outright malice, such criminal acts cannot discredit demands for police accountability, or justify police brutality. They cannot repeal the Constitution.

Many police departments across the country seem determined to escalate rather than prevent violence. Videos of protests have shown “police officers in recent nights using batons, tear gas, pepper spray and rubber bullets on protesters, bystanders and journalists, often without warning or seemingly unprovoked,” as The New York Times reported. This was Barr’s prophecy: an ungrateful public, protesting the unjust taking of human lives by law enforcement, punished for the foolish belief that their rights were inalienable. A First Amendment that guarantees the freedom to criticize the government only when you do not criticize the government is meaningless.

For a century, such riots in America have followed a familiar script—there is an incident of police brutality that goes unpunished, a protest, an escalation by police, and then a riot. These incidents are icebergs—the precipitating event and the destruction that follows are merely what can be seen above the surface. Underneath lie years of anger, abuse, and neglect. We do not know how the president’s encouragement of such abuse has shaped policing in the cities now rocked by protests, because his Justice Department has willingly blinded itself to the answer.

There is no romance in the destruction. Riots are, for the communities in which they occur, desperate acts of self-immolation, with consequences that can last for decades. Yet the historical record shows that the authorities often avoid taking the grievances of such communities seriously until buildings start burning. Only then do those who previously dismissed nonviolent protests against police brutality, or participated in belittling or silencing them, begin to pay attention and ask what would move such people to violence.

Such riots are, in the long run, devastating for all involved. But a legal and political system that sees no crime in the murder of black Americans by police until things are set on fire leaves black Americans with two terrible options: acquiescing to a system in which your life does not matter, or engaging in acts of destruction and self-destruction that persuade authorities to treat the needless taking of a life by police officers as a crime worth investigating, let alone punishing.

To say that a grievance is justified is not to justify every action taken by the aggrieved. But as a nation, we bear particular responsibility for the violence committed by police. We do not pay civilian rioters and looters with taxpayer dollars and empower them with the authority to use lethal force to protect our rights and our persons, as we do with police officers. That authority is a power granted by the people, and if it is abused, it must be withdrawn.

Most of Trump’s predecessors in the 20th century, including Nixon, who believed black people unfit for self-government, preoccupied themselves with preserving the credibility of an unequal justice system. By forswearing even that, by publicly reveling in the idea that state violence should be used to affirm America’s traditional social hierarchies, by denying the very legitimacy of both private protest and social reform, the Trump administration has undermined respect for the law more than any radical left-wing professor or hotheaded activist. The president sees the law as a thing of mere violence, a matter of who has enough guns to enforce their will. You can make people fear the law at gunpoint, but you cannot make them respect it.

Donald Trump proclaimed himself the law-and-order candidate. This is what law and order without justice looks like: a nation without law, order, or justice.

ADAM SERWER is a staff writer at The Atlantic, where he covers politics.

Source: Adam Serwer: A Nation Without Law, Order, or Justice – The Atlantic

George Floyd Protests: What News Reports Don’t Say – The Atlantic

How the news covers activism matters profoundly to a democracy because the media can influence public support or rejection of policies that might solve social ills such as racism and police brutality. Following the dozens of uprisings that swept U.S. cities after the assassination of Martin Luther King Jr. in 1968, Lyndon B. Johnson’s National Advisory Commission on Civil Disorders, commonly known as the Kerner Commission, reported on the cause and possible future prevention of such unrest. The commission asserted that, in addition to generational poverty, housing and employment discrimination, and over-policing, the media was partially responsible for the neglect felt by black communities.

Source: George Floyd Protests: What News Reports Don’t Say – The Atlantic

This national moment of grief and mourning can become a marker of public shame or a symbol of American renewal – Urbānitūs

This national moment of grief and mourning can become a marker of public shame or a symbol of American renewal

The public execution of George Floyd and the protests it sparked reflect the contemporary magnitude of racial injustice in America, and a tragic racial history in which Austin is implicated

An unidentified Austin mother, “worried about her children,” leads a protest down Interstate-35 on Sunday, May 31. Photos courtesy of Charles Reagan @charles.reagan

Editor’s note: On Wednesday, June 3 at 1 p.m., the author will co-host Justice and Equity in a Time of National Racial Crisis: A Community Conversation. Sign up and join here.

American cities are in upheaval, awakened by the duel pandemics of COVID-19 and white supremacy, which has resulted in 40 million people out of work and the spectacle of George Floyd’s death at the hands of the Minneapolis police.

Dozens of American cities are experiencing a scale of protests, clashes between police and demonstrators, and National Guard deployments not seen since the “long hot summers” of racial discontent and crisis that characterized much of the 1960s. Sympathy protests in Berlin and London’s Trafalgar Square outside the U.S. Embassy have drawn thousands of demonstrators who not only insist that “Black Lives Matter!” but reflect widespread global resistance against racial injustice manifested in the criminal justice system.

We are witnessing a level of national civil unrest that recalls the aftermath of Dr. Martin Luther King Jr.’s assassination on April 4, 1968, when 125 cities exploded in protest and violence. From peaceful demonstrations to clashes between protesters and Secret Service agents outside the White House, a national racial crisis is unfurling before our very eyes.

The public execution of George Floyd, a 46-year-old Black man, by Minneapolis police last week has sparked national protests that have, in some instances, evolved into open political rebellion contoured by violent skirmishes between police and demonstrators and the destruction of property. Racial unrest gripping major American cities, against the backdrop of the global COVID-19 pandemic, reflects the contemporary magnitude of racial injustice.

A national tragedy should be turned into a generational opportunity

The inhumanity of Floyd’s death heaped further indignity on African American communities suffering disproportionately from the brutal effects of the COVID-19 pandemic. Black folk have been diagnosed with, and died from, COVID-19 at alarming rates. The killing of George Floyd represents a national tragedy that should be turned into a generational opportunity.

Black death at the hands of the police is not new. Black Lives Matter (BLM) protests erupted in 2014, turning a hashtag commemorating the mounting number of African Americans killed, assaulted, and brutalized by the police and displayed in social media, into a social movement that combined the non-violent civil disobedience of the civil rights era with Black Power’s structural critique of white supremacy and anti-Black racism.

BLM activists argued that America’s criminal justice system represents a gateway to panoramic systems of racial and economic oppression. The criminalization of poverty has long roots, but the past four decades have institutionalized systems of punishment that have deepened and exacerbated racial inequality. During the 1980s and 1990s, as violence, crime, and poverty raged against the backdrop of the crack cocaine explosion, both Democrats and Republicans competed with each other over how best to criminalize black inner city residents. Ronald Reagan’s tough on crime rhetoric and policies begat George H.W. Bush’s use of Willie Horton and Bill Clinton’s crime and welfare “reforms” that further criminalized black communities and made it virtually impossible to successfully re-enter society by blocking avenues to employment, education, and housing after release.

The eruption of the BLM movement during the second term of Barack Obama, America’s first black president, illustrates how deeply entrenched the issues related to George Floyd’s death are. Donald J. Trump’s open embrace of white supremacists—from Charlottesville, Virginia’s 2017 demonstrations that left one woman dead to anti-government militias that marched to the Michigan state house in defiance of shelter-in-place orders armed with semi-automatic weapons—has fanned the flames of racial intolerance, police violence against black communities, and racially inflammatory.

Austin is implicated in America’s tragic racial history

Austin is implicated in America’s tragic racial history, from the 1928 “Master Plan” that institutionalized racial segregation as citywide policy, to the decades-long efforts to fully integrate the University of Texas, to the gentrification of the historic East Side neighborhood at the cost of longstanding black residents, businesses, and communities. Racial integration in Austin has since proceeded in fits and starts, with segregated public schools and neighborhoods remaining the comfortable norm. Gentrification along the city’s East Side has largely displaced Austin’s historic black residents who find themselves compelled to depart neighborhoods just as they are flooded with the kind of investment that attracts white families, creates high achieving schools, increases home owner values, and thriving communities.

As if to acknowledge this history, activists blocked Interstate-35 on Saturday, the highway serving as a barrier between black and white Austin by design, locking Austin’s African American communities from access to white spaces, properties, and power.

The problems of racial segregation, poverty, and criminal justice that have scarred Minneapolis are national, impact Austin and other major cities around the country and, indeed, the world.

Austin, one of the nation’s fastest growing, wealthiest, and well positioned urban cities, has a unique opportunity to emerge as a national leader on the issue of racial justice.

The University of Texas at Austin, with the motto that “what happens here changes the world,” can be a major part of the city’s much needed transition from its current status as an enviable hub of technology, education, venture capital, and music into a national incubator of social justice, equity, inclusion, and full citizenship for all Austinites.

Photo by munshots on Unsplash

On this score the Center for the Study of Race and Democracy, a center devoted to research, study, and social policy impact at the intersection of civil rights, race, and democracy, will be sponsoring an event designed to build community, forge networks, and problem-solve around issues of racial injustice that reverberate from Minneapolis to Austin and beyond. Justice and Equity in a Time of National Racial Crisis: A Community Conversation will feature Mayor Steve Adler, Councilwoman Natasha Harper-Madison, Councilwoman Alison Alter and be moderated by myself and Jeremi Suri, my colleague at the LBJ School of Public Affairs.

The protests erupting around the nation attest to a dearth of national leadership on race matters and the very meaning of American democracy. In times of national crisis—from the Great Depression to the Second World War to Civil Rights and 9-11—we come to better understand ourselves as Americans.

The fact that George Floyd could outlive the COVID-19 pandemic only to run into the even deadlier virus of white supremacy is both a national tragedy and a generational opportunity.

An opportunity to confront deep-seated racial inequities plaguing Austin

All of us can and must do more. From civil rights and faith communities to education, political, and business leaders, we must seize the combined tragedies of a pandemic that has killed more than 100,000 Americans and the tragedy of another unjustified killing of a black person at the hands of our justice system as an opportunity to finally confront deep-seated racial inequities that plague this city as much as any other.

Austin can turn this national moment of grief and mourning into a marker of public shame or a symbol of American renewal, with the knowledge that our city led the way in recognizing that a full commitment to anti-racist public policy and racial justice would allow us to achieve the community and nation we dream about.

How does an anti-racist Austin look? We can start by acknowledging the stubborn persistence of racial segregation in our city’s public schools and neighborhoods, a fact that amplifies opportunity gaps in education, employment, and housing and helps to create a feedback loop of racial disparities in rates of poverty, treatment before the criminal justice system, access to electoral politics, small business loans, venture capital and so much more. We must identify and understand negative disparities as part of systemic racism rather than behavior deficiencies in black people. We must root out injustice and inequities based on race in our policies, forging a community where racial equity centers our public conversation about the larger political good. So many Austinites of good will recognize aspects of the problem, but are unsure of where to begin, what organization to join, what would be the best use of their resources.

The Center for the Study of Race and Democracy’s Justice and Equity event is the first step in what we hope will be a socially impactful, politically relevant, and politically transformative movement in Austin to not only redress past mistakes but to acknowledge, repair, and build a future Austin worthy of our citizens.

Source: This national moment of grief and mourning can become a marker of public shame or a symbol of American renewal – Urbānitūs 

Peniel E. Joseph is an American scholar, teacher, and leading public voice on race issues who holds a joint professorship appointment at the LBJ School of Public Affairs and the History Department in the College of Liberal Arts at The University of Texas at Austin.

America’s willful ignorance about Black lives – The Boston Globe

EDITORIAL

America’s willful ignorance about Black lives

This could be a watershed moment for the threats that Black Americans face, but only if political leaders and citizens refuse to accept anything less than real reform.

People march at a peaceful protest seeking justice for George Floyd in Flint Township, Michigan.
People march at a peaceful protest seeking justice for George Floyd in Flint Township, Michigan.JAKE MAY | MLIVE.COM/ASSOCIATED PRESS

“The reason that Black people are in the streets,” the acclaimed American writer James Baldwin said in 1968, “has to do with the lives they are forced to lead in this country. And they are forced to lead these lives by the indifference and the apathy and a certain kind of ignorance, a very willful ignorance, on the part of their co-citizens.” A half century later, Baldwin’s wrenching words reverberate in an America where thousands of protesters across dozens of cities have taken to the streets over the past three days despite a deadly pandemic. The country they are objecting to is one where a police officer kneels on the neck of a Black man until he dies, knowing it is all being caught on camera; the country where, after a Black jogger in a white neighborhood is shot to death in broad daylight, the killers go weeks without facing charges; the country where police officers can shoot a young Black woman eight times in her own apartment after entering unannounced with a warrant for someone who did not live there.

In this America, the president tweets out dog whistles to white supremacists and threatens protesters with violence. Never mind that the same president encouraged protests just a few weeks ago that culminated in the storming of the Michigan Capitol by armed white vigilantes.

Armed demonstrators in Lansing, Michigan, protest the coronavirus pandemic stay-at-home orders on May 14.
Armed demonstrators in Lansing, Michigan, protest the coronavirus pandemic stay-at-home orders on May 14.JEFF KOWALSKY/AFP VIA GETTY IMAGES

“Everybody knows, no matter what they do not know, that they wouldn’t like to be a Black man in this country,” Baldwin said in 1968. The ills he spoke of remain; some have even worsened. Stark income and wealth gaps persist along racial lines, failing schools and paltry social services put a giant foot on the scale against Black youth, biased judges and juries disproportionately imprison Black men, and the severe health disparities suffered by Black Americans now include a higher death rate from COVID-19. But the most poignant picture of racial injustice in America is repainted in blood whenever a police officer, armed and sanctioned by the state and wearing the uniform of the law, kills a Black citizen with impunity. With the video of the death of George Floyd under the knee of white Minneapolis police Officer Derek Chauvin, Black Americans once again relive a brutal nightmare that dates back to the country’s founding. Their lives are deemed dispensable, even and sometimes especially by those whose job it is to enforce the law.

And on Tuesday, the day after the incident, it took civil unrest in the streets to spur his arrest and murder charges on Friday. The three officers who helped him during the arrest, who either held George Floyd down or stood by as he said he could not breathe and cried out for his mother, have not faced charges. The camera footage shows a group of officers who acted as if they knew they would not be punished.

It is a form of Baldwin’s “willful ignorance” that the country’s politicians, policy makers, prosecutors, and police departments have not done more to prevent and punish acts of violence against Black people on the part of police and it is a form of willful ignorance that more citizens are not outraged. Piecemeal reforms to diversify police forces, train officers to de-escalate conflict, and require body cameras have fallen abysmally short in protecting Black people from errant law enforcement officers. Derek Chauvin had nearly 20 complaints and two letters of reprimand filed against him and had opened fire on two people before he knelt on the neck of George Floyd. Across the country, there is still too little accountability for police, including here in Boston, where the city has stopped releasing stop-and-frisk data.

It is striking that chiefs of police around the nation quickly condemned the incident that led to George Floyd’s death in Minneapolis. But over the past few days, what has followed such political statements are violent confrontations between police and protesters and between police and journalists in many cities. Law enforcement officers have driven vehicles through crowds, tear-gassed protesters, and opened fire with rubber bullets on journalists. For the people on the streets who are exploiting the unrest and endangering others, arrests are justified. But numerous accounts point to acts of disproportionate police violence in response to peaceful protests.

That more and more Americans are refusing to accept the violence against Black Americans presents political leaders and law enforcement agencies around the nation with an imperative to act. State and federal lawmakers must use this moment to enact bolder policy reforms than those to date to reduce sentencing disparities, raise juvenile justice ages to keep young people out of the prison system, reform civil service laws that make it hard to hold cops accountable for wrongdoing, and strengthen civilian police-oversight boards. Police departments across the nation should press for the authority to remove officers who have any history of racial violence or aggression toward citizens; police chiefs should show that they have zero tolerance for such acts. They must send a loud and clear message that the era of sanctioned police violence against Black citizens is over.

With so many Americans moved by the death of Floyd and the callousness of Chauvin, this could be the country’s watershed moment for finally addressing police violence and racial injustice. But even after the fires stop burning, Americans of all races must be unwilling to accept the loss of Black lives.

Editorials represent the views of the Boston Globe Editorial Board. Follow us on Twitter at @GlobeOpinion.

Source: America’s willful ignorance about Black lives – The Boston Globe

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