Jason Fernandes Archives - Talk Poverty https://talkpoverty.org/person/jason-fernandes/ Real People. Real Stories. Real Solutions. Fri, 10 Jul 2020 15:06:53 +0000 en-US hourly 1 https://cdn.talkpoverty.org/content/uploads/2016/02/29205224/tp-logo.png Jason Fernandes Archives - Talk Poverty https://talkpoverty.org/person/jason-fernandes/ 32 32 The Fight Against Cash Bail Is Officially Mainstream https://talkpoverty.org/2018/05/24/fight-cash-bail-officially-mainstream/ Thu, 24 May 2018 15:12:32 +0000 https://talkpoverty.org/?p=25782 Two weeks ago, Google announced that it would no longer allow bail bond providers to advertise on their platform. The company pointed out that the $2 billion bail bond industry profits off “communities of color and low-income neighborhoods when they are at their most vulnerable,” and said its decision will help protect users from “deceptive or harmful products.”

Google credited an odd arrangement of organizations for helping them with the decision, including the Essie Justice Group, a collective of women seeking to end mass incarceration, and Koch Industries, a multinational conglomerate run by the richest oil tycoons in the country.

Facebook announced later that day that it would also ban bail bond ads, but that the details were “still being worked out.”

Aside from predictable backlash from bail bond providers, the joint decision has been relatively uncontroversial. The bail bond industry is, truthfully, about as scummy as it gets. Bail bondsmen require clients who can’t afford bail to pay a non-refundable portion of the bail they owe (usually about 10 percent), and even after they meet all their court appearances and the money is returned, the clients get nothing back—and they’re often charged loan fees that accrue after their case is resolved, pushing them further into debt. The practice is so despised that the United States and the Philippines are the only two countries in the world that even allow for-profit bail businesses to exist.

It’s not yet clear how effective blocking these ads will be. However, Google and Facebook’s decision is significant not for the effect it’ll have, but for what it represents: The movement to end cash bail has built enough momentum to get two of the largest companies in the world on its side. Behind the tech giants’ decision is an army of grassroots groups leading local movements to end bail—and their weird, cutting-edge, creative methods of gaining popular support.

*           *           *

One of the most persistent myths about America’s justice system is that defendants are innocent until proven guilty. In practice, the opposite is true: Defendants are assumed guilty, jailed, and only released before trial if they can afford to pay their bail.

Around 70 percent of the more than 700,000 prisoners in America’s jails have not been convicted of a crime. Most are in jail because they can’t afford to pay for their freedom, and they weren’t lucky enough to be released on “recognizance,” or without bail. In New York, only 1 in 10 defendants can afford to pay bail at arraignment. The rest are forced to await their trial behind bars, which can sometimes last years.

Defendants are assumed guilty, jailed, and only released before trial if they can afford to pay their bail

Even just one or two days in jail can have life-altering consequences. Ezra Ritchin, director of operations at The Bail Project and the former director of the Bronx Freedom Fund, an organization that pays bail for New Yorkers who can’t afford it, says, “A lot of the things you see in our justice system happen in those first few days.” If people don’t show up for work the next day, they could lose their job. If they’re homeless and don’t sign in for a shelter, they could lose their housing—and if just one family member doesn’t sign in because they’re in jail, their whole family could be living on the street. The first few days are also when people are most likely to die in jail, including by suicide, and it’s when inmates are most likely to be the victim of physical and sexual abuse.

Prosecutors use the threat of jail to force people into accepting plea deals, even if they’re innocent. More than 90 percent of New Yorkers who can’t afford bail will end up pleading guilty, even if they didn’t commit a crime, simply because they want to go home.

“You’re sitting in jail, and you’re told that if you maintain your innocence, then you have to stay in jail and wait it out,” explains Ritchin. “But if you plead guilty, you get to go home to your family and your community.”

Like all instruments of mass incarceration, bail takes the heaviest toll on black and brown communities. Black people are already much more likely to be arrested than their white counterparts for the same crime—up to 15 times more likely for certain low-level offenses like marijuana possession. They’re also less likely to be able to afford to pay for their freedom. The median bail for felony convictions is around $10,000, which is more than what most black women who can’t pay their bail made in the entire year before they were incarcerated. But even smaller bonds for misdemeanors are out of reach for most defendants: A 2012 report found that even when bail was set below $500, a majority of New York City defendants—almost 90 percent of whom are black or Hispanic—couldn’t afford it.

The Bronx Freedom Fund started out of the Bronx Defender’s Office in 2007, where public defenders witnessed firsthand the devastating effects of a system that incarcerates people for not having enough money. The Freedom Fund pays bail for people accused of misdemeanors so they can stay in their communities while they stand trial. In 2017, the fund bailed out almost 1,000 people, and more than 50 percent of them had their cases dismissed entirely.

Now, a growing number of people are recognizing the power of bail funds to directly fight against systemic racism. Ritchin says that a large part of the Freedom Fund’s donations come from people who “read some articles, see the website, and are looking to make a direct contribution to the fight against mass incarceration.”

“One really beautiful thing about a bail fund,” says Ritchin, “is that you get to say, ‘I’m interested in pushing back against mass incarceration, and now there’s one less person who’s sitting in jail.’” And bail fund money is revolving, so once someone meets all their court dates—as 96 percent of the Freedom Fund’s clients do—the money is returned and can be used to bail out someone else.

*           *           *

Aside from Koch Industries and the Essie Justice Group, Google also credited another organization for influencing its decision to block bail bond ads: Color of Change. Color of Change is the country’s largest online racial justice organization, and a major partner of National Bail Out, a collective of black organizers working to end pretrial detention and mass incarceration. Last year, Color of Change worked with National Bail Out to raise money for Black Mama’s Bail Out Day, a campaign to bail out incarcerated mothers on Mother’s Day.

“Our ultimate goal is to end money bail,” said Clarice McCants, Color of Change’s criminal justice campaign director.

Last year, National Bail Out bailed out more than 120 mothers for Mother’s Day. This year, they bailed out mothers in 16 cities, saying “We will bail out mama’s in all of our varieties. Queer, trans, young, elder, and immigrant.”

National Bail Out has paid more than $600,000 in bail to a network of dozens of community bail funds that includes the Bronx Freedom Fund. As this network has grown in recent years, so, too has its methods of collecting donations. One of National Bail Out’s largest sources of funding is Appolition, an app that allows people to donate spare change from credit card purchases to help end mass incarceration. In its first five months, Appolition raised $130,000.

Another funding source that has sprung out of this movement is Bail Bloc, an app that runs in the background of your computer, mines cryptocurrency, sells it, and donates the funds to Bronx Freedom Fund.

“The system is unjust enough that it requires organizations to be attacking it from every angle”

“Bail is a form of currency mining,” explains Maya Binyam, editor at The New Inquiry and one of Bail Bloc’s co-leaders. She says that cryptocurrency mining bears a “rhetorical relation” to bail. “The state incarcerates people before they’ve been convicted of anything and then forces them to pay for their own release. Bail Bloc allows you to offer your computer as the target for that mining in their stead.”

The app uses about as much energy as running a YouTube video. If you have it open during business hours from Monday to Friday, it’ll up your electricity bill a few dollars per month, and generate roughly an equivalent amount of the cryptocurrency Monero—essentially shifting the burden of the donation from you to whoever pays for the electricity that you’re using.

On Christmas day, after three months of mining from roughly 1,000 daily users, Bail Bloc donated $3,333.77 to the Freedom Fund.

“We want this technology to be available to people who don’t have $100 to donate to a bail fund, but nevertheless use electricity at the institutions they move through—schools or gentrifying coffee shops,” explains Binyam. This is one of her favorite parts of the project. “I worked at a day job where I was one of the only people of color, and there were a bunch of racist people in the office. And I just downloaded it on a bunch of work computers, and it felt kind of like a good ‘fuck you.’”

The most common critique they’ve heard is that there are more efficient ways to donate toward ending mass incarceration than mining Monero—which Binyam sees as positive.  “Instead of saying, ‘Why are we donating money toward bail?’ people are saying, ‘There’s way more efficient ways to donate money toward bail,’” she says. “Which is kind of amazing.”

Binyam says that Bail Bloc was designed to court public opinion and lift up the work of activists leading the fight against cash bail, like National Bail Out and the Bronx Freedom Fund. Grayson Earl, one of the creators of Bail Bloc, says he was also inspired by Black Mama’s Bail Out—a common refrain in these types of movements. One campaign will inspire another, which inspires would-be organizers to start their own community group, then artists and techno-utopians add their own ironic twist, and pretty soon the movement has become so massive and culturally relevant that Google, Facebook, and Koch Industries are trying to get a piece of it.

“The system is unjust enough that it requires organizations to be attacking it from every angle,” says Ritchin. There may be plenty of groups that have joined the fight against mass incarceration, he says, “but there’s even more groups jailing people.”

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A Billionaire’s Bid to Bring Amazon to Detroit https://talkpoverty.org/2018/01/08/billionaires-bid-bring-amazon-detroit/ Mon, 08 Jan 2018 14:53:20 +0000 https://talkpoverty.org/?p=24927 When Amazon solicited bids this fall for the location of its new 50,000-employee headquarters, 238 North American cities tossed their hats in the ring. They’re competing with one another to put together the most attractive incentive package for the tech giant, offering everything from cash to large-scale infrastructure projects. And many of their proposals divert public funds—which would otherwise go to schools, public transportation, or other city services—directly into Amazon’s pockets.

Chicago, for instance, would allow Amazon to directly collect $1.32 billion in income taxes paid by its workers. Fresno, California’s bid creates a committee jointly run by Amazon and city officials to determine how to spend the taxes and fees generated by Amazon’s presence in the city. Newark, New Jersey is going the most direct route, with a $7 billion tax incentive package that includes an option for Amazon to dodge the city’s wage tax for 20 years.

Cities with less money have gotten more creative in their attempts to lure the company. Stonecrest, Georgia offered to annex 345 acres for Amazon to run its own city, named “Amazon, Georgia,” with Jeff Bezos as the appointed “mayor for life.” Kansas City’s mayor purchased 1,000 products on Amazon just so he could write product reviews persuading the company to come to his city. And Tucson, Arizona sent a 21-foot saguaro cactus to Amazon headquarters in Seattle (which the company rejected, saying they “can’t accept gifts”).

Yet perhaps the most noteworthy bid came from Detroit, not because of what it contains—the details of the bid are still private—but because of who submitted it. Unlike almost all of the other 237 proposals, Detroit’s bid wasn’t submitted by its city government or Chamber of Commerce. It was submitted by Dan Gilbert.

With a net worth of $6.1 billion, Gilbert is Michigan’s richest citizen. He built his fortune mainly through his company, Quicken Loans, though he’s perhaps best known as the owner of the Cleveland Cavaliers. During Detroit’s foreclosure crisis, Gilbert invested heavily in downtown real estate, buying up blighted and struggling properties through his real estate company, Bedrock. To date, he’s spent more than $2 billion of his own money on Detroit real estate—slightly more than the city’s annual budget—and he now owns more than 70 properties downtown.

Amazon’s list of criteria for its new headquarters includes a metropolitan area with more than 1 million people, a “business-friendly environment,” and up to 8 million square feet to build its sprawling campus. Many cities are disqualified because they simply don’t have enough space—8 million square feet is more than the combined office space in the entire city of Wilmington, Delaware. But Dan Gilbert can meet this requirement on his own: He currently owns 15 million square feet of real estate in downtown Detroit.

Like many of our country’s beloved billionaires, Gilbert’s accumulation of wealth may have involved less-than-scrupulous practices. A suite of lawsuits against Quicken Loans allege that the company engaged in fraudulent and predatory lending. In 2012, the West Virginia Supreme Court awarded $2.8 million to a plaintiff after Quicken added a balloon payment of $107,015.71 on the end of a $144,800 loan after 30 years. In July, a federal district court fined the company $11 million in a separate class action suit that alleged that Quicken’s appraisers inflated the market value of customers’ properties, “putting them underwater on their loans from the start.” Quicken Loans has said it plans to appeal the ruling. Yet another lawsuit is still pending: The U.S. Justice Department alleges that the company violated the False Claims Act—which prevents corporations from defrauding government programs—and knowingly altered or overlooked information in loan applications.

Regardless of how Gilbert obtained his fortune, it’s given him immense power over his struggling city. A 2014 National Journal article, “Is Dan Gilbert Detroit’s New Superhero?”, describes Gilbert’s growing regional power: “elected office could hardly augment his financial influence over Detroit … Gilbert has established himself as Detroit’s de facto CEO.” Even though the article sounds like it was written by Gilbert’s public relations team—at one point it suggests that he’s the “savior of Detroit”—its description of his control over the city’s downtown is frightening:

In the absence of a functioning, solvent local government, Gilbert has taken it upon himself to confront safety concerns by installing a state-of-the-art surveillance system downtown to supplement an underfunded and undermanned Detroit Police Department. The ACLU says it disapproves of this given the potential privacy concerns but says it cannot prevent business owners from monitoring their own properties.

However, a journalist for Motor City Muckraker claimed that Gilbert’s company, Rock Ventures, wasn’t just monitoring its own properties. He interviewed building owners who claimed that the company installed cameras on their property without their consent. (Rock Ventures denies these claims, and Dan Gilbert referred to the journalist as “dirty scum.”)

Three years later, his power is still growing. In May, the Michigan state legislature passed the “Transformational Brownfield” bills—colloquially known as the “Gilbert bills”—which give him access to up to $1 billion in public funds for his development projects. The bills divert the income taxes paid by any resident or employee who moves into his buildings, creating a situation like that in Chicago’s bid for Amazon’s second headquarters—citizens no longer pay taxes to the city government; instead, they pay taxes directly to Gilbert’s real estate corporation.

Peter Hammer, director of the Damon J. Keith Center for Civil Rights, says the Gilbert bills “marked a dangerous shift between public and private.” Hammer says that you used to be able to say that Gilbert “was an entrepreneur using his own money,” so whether you approved of him or not, at least it was on his own dime. But now, that’s changed.

Detroit has been cutting deals with developers in an attempt to revitalize the city for at least a decade. In 2013, the city approved $283 million in taxpayer funds to finance the construction of a new Red Wings stadium—at least $18 million of which came from school funding, according to former Michigan House Representative Rashida Tlaib. And in 2007, Detroit’s city council gave Marathon Oil a $175 million tax break to expand its operations, with the understanding that they would hire more Detroiters. But the project only created 15 jobs for Detroit’s citizens, which means the city’s taxpayers paid more than $11 million per job. In return, Marathon Oil has been dumping petcoke, a petroleum byproduct, on the outskirts of the Detroit River. On windy days, this produces thick, black dust clouds that blow far beyond the banks of the river.

That trickle-down approach is what has allowed Gilbert to thrive while the rest of Detroit falls apart

The return on investment for subsidies to Gilbert’s Quicken Loans isn’t much better. Residential mortgage lending has completely dried up in Detroit. There were just 356 new mortgages each year on average from 2009 to 2014, compared with 6,103 from 2004 to 2008.

“You get this huge contrast downtown, where you’re getting huge public subsidies for development, and in your neighborhoods, you can’t even get a commercial mortgage to buy a house,” Hammer says.

That disparity has created what residents call “the tale of two cities.” The city is 142 square miles, but almost all of the media attention and investment—Gilbert’s included—goes to the 7.2 square miles that make up its gentrifying core. While Detroit is 83 percent black, this downtown core is overwhelmingly white.

In July, Rock Ventures appeared to brag about Detroit’s racial disparity in a downtown window ad. The ad featured an almost entirely white crowd next to the slogan “See Detroit like we do.”

Gilbert seems to have learned his lesson about advertising optics when he helped create the “Detroit Moves the World” campaign for the city’s Amazon bid. Their masthead video is narrated with a spoken word performance from Jessica Care Moore, a black activist and poet, and features rhythmic images of a diverse array of artists, scientists, and workers in the city.

The video is inspiring, but after years of uneven revitalization, it may prove fruitless. Aside from Gilbert, most people don’t consider Detroit to be a serious contender, in large part because its development has ignored the majority of its citizens. One of Amazon’s selection criteria is a robust transportation system that can easily handle an influx of 50,000 new workers. On this point alone, Detroit fails spectacularly. Its largest transportation project in recent years is a new streetcar line that only travels 3.3 miles up and down Detroit’s gentrified core. It was largely privately funded, and has been named “QLINE” in honor of one of its major backers, Quicken Loans.

Even if Amazon were to select Detroit for its new headquarters, there’s not much evidence to suggest that it would solve the crisis residents are facing. How would it help a family whose water has just been shut off, and who must find a new school for their kids because all the schools in the neighborhood have closed? It’s tempting to think that a profitable, futuristic firm like Amazon is just what a city needs to kick start its development. But that trickle-down approach is what has allowed Gilbert to thrive while the rest of Detroit falls apart.

Of course, it’s not Dan Gilbert’s job—nor is it Amazon’s—to ensure that the city’s residents have their basic needs met. But if Detroiters have to wait for a billionaire to save their city, they’ll be waiting forever.

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The Quiet Attacks on Your Rights You Probably Haven’t Heard About https://talkpoverty.org/2017/11/28/quiet-attacks-rights-probably-havent-heard/ Tue, 28 Nov 2017 15:28:49 +0000 https://talkpoverty.org/?p=24716 Last Tuesday, the Federal Communications Commission (FCC) released a plan to repeal Obama-era net neutrality rules. Their proposal would allow internet service providers to charge consumers more for higher streaming speeds or for access to certain websites, effectively opening a legal route to deny people access to a free and open internet based on their ability to pay. This came just a week after the FCC voted to roll back Lifeline, a program that helps low-income Americans pay for phone and broadband service.

The FCC’s actions are the latest in a year-long assault on low-income Americans. They come at a time when Senate Republicans are trying to pass a tax bill that would strip health coverage from 13 million Americans and eliminate dozens of federal programs that support low-income families—including protection for crime victims, food for the elderly, and affordable housing—to pay for tax cuts for the wealthy and corporations.

But those are just the headline battles. There is a quieter war being waged in the trenches: in state legislatures and federal courts, in congressional committees and governors’ mansions, and—as with the FCC’s recent decisions—in federal agencies.

Here’s a brief recap of what this war has looked like in just the past few months.

The administration is legalizing discrimination

While the ADA Education and Reform Act has been quietly making its way through Congress, threatening to undo decades of progress for people with disabilities, two separate agencies have undertaken actions of their own to repeal even more protections. The Department of Transportation yielded to pressure from airline industry lobbyists and delayed implementation of an Obama-era rule designed to prevent airports from routinely losing or breaking wheelchairs and other equipment that belongs to disabled passengers. And last month, Secretary of Education Betsy DeVos rescinded 72 guidance documents that help schools enforce protections for students with disabilities. The revoked guidelines include a policy that helps students with disabilities get federal financial assistance and guidance for states on how to meet the needs of students with hearing loss.

The courts are chipping away at civil rights, too. Trump’s Supreme Court appointee, Neil Gorsuch, could cast the deciding vote in a case from a business owner who refused to make a wedding cake for a same-sex couple. If his appeal is successful, it could allow business owners to use their religious beliefs to deny service to customers on the basis of their sexual orientation, or even other protected identities such as race, religion, or national origin. This would hit low-income residents of rural communities particularly hard, who might not have other businesses they can turn to if they’re denied service (research shows they won’t).

Trump is also stacking lower courts with anti-worker judges: He appointed Thomas Farr, a lawyer who has defended voter suppression and built his career undermining workers’ rights, to a district court in North Carolina. Perhaps more frightening, he appointed Don Willett to the 5th Circuit—a pro-corporate judge who voted to give himself the authority to strike down regulations that “interfere with the free market.”

Federal agencies are chewing giant holes in the safety net

The Department of Health and Human Services is encouraging states to adopt work requirements for Medicaid, which would punish unemployed workers for not being able to find a job by taking away their health care. This continues the administration’s trend of using work requirements to gut safety net programs, after Trump’s presidential budget proposed work requirements to help pay for $193 billion in cuts to the Supplemental Nutrition Assistance Program.

Days before Hurricane Harvey made landfall in Texas, FEMA was already coordinating the recovery, setting up supplies and personnel. But Trump’s administration was extremely slow to help citizens in the U.S. Virgin Islands and Puerto Rico recover from Hurricanes Maria and Irma, withholding aid until after the hurricanes made landfall. More than 20 percent of Puerto Ricans still don’t have access to clean drinking water, more than half the territory doesn’t have access to electricity, and 60 percent of U.S. Virgin Islands residents are still without electricity. (If the House budget passes, things will only get worse: The budget cuts nearly $1 billion from disaster relief to help pay for Trump’s U.S.-Mexico border wall.)

The administration’s xenophobia is getting even worse

Months after the Trump administration ended Deferred Action for Childhood Arrivals (DACA), they denied a few thousand DACA renewal applications for being late, even though many of these applications were sitting in a U.S. Citizenship and Immigration Services mailbox before the deadline passed. The administration also ended Temporary Protected Status for 60,000 Haitians and 2,500 Nicaraguans, forcing them to uproot their lives in America and return to regions that have been devastated by imperialist U.S. foreign policy.

And, as expected, Trump has ramped up deportations—even from the historic highs taking place during the Obama administration. The United States has deported 34 percent more immigrants so far this year than in the same period last year. For many immigrants fleeing violence and instability in Latin America, deportation means a return to poverty, or worse.

Jeff Sessions gets a section all to himself

Earlier this summer, Attorney General Jeff Sessions strengthened the federal government’s ability to seize assets from people before bringing any criminal charges against them. In other words, this lets police officers take people’s money and property without due process. One more time: This lets police officers take people’s money and property without due process.

Sessions also declared that Title VII of the Civil Rights Act will no longer provide employment protection to transgender Americans, potentially allowing employers and insurers to deny coverage to a group that already experiences extremely high rates of poverty. This came after Sessions’ Department of Justice (DOJ) argued that Title VII also doesn’t cover sexual orientation—opening the door to more workplace discrimination against LGBTQ people. Other guidance from the DOJ on religious liberty could mean more discrimination in other areas of life as well, including discrimination in programs that low-income communities rely on for their health, safety, and security.

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D.C. Residents Are Fighting a Slumlord to Regain Control of Their Neighborhood https://talkpoverty.org/2017/10/19/d-c-residents-fighting-slumlord-regain-control-neighborhood/ Thu, 19 Oct 2017 13:32:06 +0000 https://talkpoverty.org/?p=24430 For the past four years, tenants in the five-building complex above the Congress Heights metro station have dealt with horrific conditions: cockroaches, rats, bedbugs, persistent flooding, roofs caving in. One resident told The Washington Post that “feces backed into her bathtub more than a dozen times – including once while bathing her 1-year-old.”

Ruth Barnwell, a 73-year-old resident and president of the Congress Heights tenants association, said that she told her landlord about raw sewage in the basement in July 2015, but they didn’t do anything about it until the following October. Barnwell has been living in Congress Heights for 34 years, but she says that they didn’t start having these issues until 2013.

“That’s when we found out the building was going to be turned into high-rises,” she says.

In 2013, two years after acquiring four of the five Congress Heights buildings, Sanford Capital and City Partners submitted a plan to the Zoning Commission to demolish the apartment complex and install 446,000 square feet of luxury offices and condos in its place. The tenants allege that Sanford—which has already racked up more than 200 housing code violations in its 19 apartment buildings across the city—has been intentionally letting the conditions degrade so that residents will be forced to move out to make way for the new development.

Robert Green, a 68-year-old resident who lives on a fixed income, says that the company has gone as far as soliciting damage. One day, as he was walking out of his apartment building, an electrician who was walking into the building stopped him. “You still live here?” The man asked. Green said yes.

“They paid me to go downstairs and mess up some wires,” he told Green. (Sanford Capital did not respond to requests for comment.)

If Sanford’s plan is to drive residents out of Congress Heights, it’s working: Since 2013, the number of occupied units of affordable housing has dropped from 49 to 13.

*          *          *

The Zoning Commission approved Sanford’s development plan in 2015, but the company can’t act on it yet. The plan requires control of all five of the Congress Heights buildings; Sanford currently owns four. In January, the D.C. Department of Housing and Community Development repossessed the fifth and final piece of the Congress Heights puzzle: the vacant building at 3200 13th St SE. But the remaining residents, who would be forced to move, aren’t letting it go without a fight.

The costs of fighting a court case are so high that it’s as if residents aren’t allowed to return at all.

On September 6, the Congress Heights tenants association delivered a letter to Mayor Bowser’s office with a simple request: Instead of letting Sanford buy the vacant building in a public auction, let the current residents exercise their Tenant Opportunity to Purchase Act (TOPA) rights to have their chosen nonprofit developer build 200 units of affordable housing on the land.

The Tenant Opportunity to Purchase Act wasn’t designed for situations like the one in Congress Heights—it grants renters the first right to purchase their property if the building owner wants to sell. The building at 3200 doesn’t have any tenants; it’s been vacant for years. But since it’s part of an entire neighborhood that will be demolished under the redevelopment plan, the tenants of the surrounding buildings have a vested interest in who ultimately controls the building.

If the district puts the building up for public auction and Sanford acquires it, Sanford will have assembled all the necessary pieces to execute its luxury development plan. But if the tenants are assigned ownership, they’re hoping that Sanford—now unable to complete its redevelopment—will cut its losses and sell the remaining buildings to the National Housing Trust (NHT). NHT would then execute its own plan to build 200 units of affordable housing on the land.

In either case, the current buildings will be demolished and residents will, at least temporarily, be displaced. The difference is what happens after the buildings are rebuilt.

An executive of City Partners has said that if it executes its redevelopment plan, “All current residents will be offered the chance to move back into the new building at their current lease rates.”

This is a common promise that developers offer residents when they’re displacing them, but it’s rarely fulfilled. A 2004 study by the Urban Institute found that only 19 percent of families returned to neighborhoods they were displaced from, despite promises that they could. Developers often simply ignore their previous promise and rely on residents suing them to retain their right to return. But the costs of fighting a court case are so high that it’s as if residents aren’t allowed to return at all.

The National Housing Trust has offered the tenants the same promise to return, in addition to an offer to house them at other properties in the meantime. But the tenants are more willing to believe that NHT will honor this promise than Sanford, because NHT’s goal is to build more and better affordable housing for these residents, while Sanford’s goal is to profit.

*          *          *

The District of Columbia’s affordable housing crisis extends far beyond Congress Heights. There are roughly 1,500 families, including more than 2,700 children, who are homeless on a given night in the district. And while homelessness is declining nationally, it’s grown in D.C. by almost 75 percent in the past five years. Housing is so expensive in the district that a single parent working a minimum-wage job would have to work 119 hours per week to afford a 2-bedroom apartment at market rate.

The district’s flagship program to deal with the homelessness crisis is the rapid rehousing program, which provides temporary vouchers that families can use for rent. But most reputable landlords won’t accept the vouchers, and they’re too small and too temporary to end most families’ housing insecurity, so many voucher recipients get caught in a cycle of rapid rehousing, eviction, and homelessness. Will Merrifield, an attorney who represents the Congress Heights tenants, says this creates a “subprime market for slumlords to take advantage of people with subsidies.”

Because a large portion of voucher recipients end up in Sanford properties, they receive millions of taxpayer dollars annually to house low-income families in deplorable conditions. City officials have been hesitant to hold Sanford accountable for its negligence, lamenting that it’s “not always easy” to find other landlords who are willing to house renters with vouchers. But it’s worth noting that Sanford also has direct ties to the Bowser administration: Mayor Bowser has received donations from Geoffrey Griffis, the head of Sanford partner City Partners; Mary Strauss, the wife of Sanford co-founder Patrick Strauss; and Sanford Capital itself. The Sanford Capital donation was $1,000 more than the legal limit.

“These politicians keep acting like this affordable housing crisis fell out of the sky, like it’s a piano that fell out of a window,” says Merrifield. “They created this.”

‘It’s not that we don’t have the money. It’s about leadership.’

The cycle of development and displacement is at work in almost every corner of the city. In Columbia Heights, H Street, Brookland Manor, and countless other neighborhoods, low-income, primarily black residents are being pushed out to make room for wealthy, primarily white Millennials. And the district often finances this displacement. They’ve given away hundreds of millions of dollars’ worth of public land to private developers. In Congress Heights alone, they’ve allocated $103 million for a development project that will build a new practice facility for the Wizards—right across the street from residents who have to live with feces backing up into their bathtub.

At a town hall meeting in Congress Heights last week, Ward 8 Councilmember Trayon White (D) admitted that the district has the resources to solve the affordable housing crisis. “It’s not that we don’t have the money,” he said. “It’s about leadership.”

The tenants view their request to Mayor Bowser as the perfect opportunity for her administration to demonstrate its commitment to affordable housing. “She’s going to continue to stand with the slumlords and developers, or she’s going to come over to the people’s side,” says Barnwell. “We believe that we can win. She’s coming up for re-election, you know.”

So far, the city government seems unmoved. Polly Donaldson, the director of the Department of Housing and Community Development, offered the following statement about the tenants’ request: “The plan for the vacant building is to put it out for competitive bid for solicitation once the litigation has cleared.”

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The Movement for Black Lives Is Changing Policing in D.C. https://talkpoverty.org/2017/08/02/movement-black-lives-changing-policing-d-c/ Wed, 02 Aug 2017 14:18:02 +0000 https://talkpoverty.org/?p=23373 Just a few blocks away from the White House—where President Donald Trump recently called for rougher treatment of people in police custody—the District of Columbia city council is quietly implementing one of the most progressive crime bills in recent history.

The Neighborhood Engagement Achieves Results (NEAR) Act of 2016, sponsored by Democratic Councilmember Kenyan McDuffie, represents a dramatic and desperately needed shift in how the nation’s capital will approach violent crime. In 2015, D.C. led the country in two categories: murders and police presence. With 119 homicides, it had a higher murder rate than every state in the country; and with six officers for every 1,000 citizens, it was the most heavily policed district in America.

In his office on Pennsylvania Ave, Councilmember McDuffie sports a pink polo beneath a gray tweed jacket. He speaks in perfect prose, with none of the ums and ahs and broken sentences that plague most of us. He believes in the NEAR Act because it addresses the “root causes” of violence.

“You cannot arrest your way out of this problem,” he says.

McDuffie was raised in D.C. in the 1980’s and 90’s, when it was known as the murder capital of the United States. He grew up around the open drug markets; he had friends who were killed in their neighborhoods.

“I’ve seen a person shot, bleeding out in my arms. I’ve seen these things firsthand,” he says. “That is the context I brought to this work.”

McDuffie has also seen the perils of overpolicing. He’s watched police officers “converge on communities of color, stopping people in neighborhoods like mine without probable cause.”

The NEAR Act draws from model programs in Chicago and Richmond by establishing an Office of Neighborhood Safety and Engagement (ONSE) in D.C. The ONSE will hire people from within the community—“people who have credibility in these neighborhoods,” McDuffie says. They will identify community members who are at risk of committing violence or becoming a victim of violence, and then offer them trauma-informed therapy, life planning, and mentorship. The bill also provides funds to train police officers on “cultural competency” and how to recognize bias, and it calls for increased data collection on police stops and the use of force.

While he was drafting the bill, McDuffie consulted with local activists who had long called for criminal justice and police reform in the district—including Eugene Puryear, an author and organizer who helped found the Stop Police Terror Project.

Puryear’s energy is contagious; he peppers his caffeinated speech with phrases like “punctuated equilibrium” and “tectonic shifts.” He lauded McDuffie for doing a “deep dive on the issue,” but he also wants to credit the organizers who he thinks helped create the political space for the NEAR Act. He believes that the national Movement for Black Lives—and its local manifestations, such as the Stop Police Terror Project—convinced the council members to care about overpolicing and mass incarceration because their constituents were fired up about these issues.

During the early phases of the Stop Police Terror Project, the group interrupted a speech by Mayor Muriel Bowser, who was pushing a crime bill that would have boosted police presence in the city. The group faced harsh criticism for the action—Puryear says that “everyone said we were band of radicals interrupting stuff with no positive program and no support in the community.”

But when the city council held a public hearing two months later to compare Bowser’s bill to the NEAR Act, nearly everyone who testified did so in favor of the latter. With overwhelming support from the community, the council passed the NEAR Act unanimously in March 2016. But neither the council nor the mayor fully funded the act in the 2017 budget, essentially putting it in limbo.

Once you would say you had any connection to Black Lives Matter, doors were swinging wide open.

Over the next several months, the Movement for Black Lives kept growing. Thousands of protestors demonstrated in 88 cities across the country in the weeks after Philando Castile and Alton Sterling were killed by police officers. When Puryear and the Stop Police Terror Project started knocking on doors to gather signatures to fully fund the NEAR Act, they saw how badly residents wanted action.

“Once you would say you had any connection to Black Lives Matter, doors were swinging wide open,” Puryear said. He knocked on at least 500 doors, and he says that “every person who came to the door signed our petition, bar none.”

The council and the mayor agreed to fully fund the NEAR Act in the 2018 budget, which will go into effect on October 1. And the NEAR Act isn’t alone: Puryear says it’s part of a “cascading series” of local initiatives that came around in this “Black Lives Matter moment.” This includes a body-worn camera program for D.C. police officers and a juvenile justice bill, also sponsored by Councilmember McDuffie, that bans solitary confinement and court shackling for underage defendants.

Puryear believes that social change in the United States comes in spurts—long periods of very little change followed by rapid periods of huge changes. He hopes that we’re in one of those periods now, but he recognizes that progress isn’t inevitable. “What we do really matters,” he says. “The opportunities that are presented can just as easily be lost.” He thinks the next major battle surrounding the NEAR Act is its implementation: “There’s a lot of different ways this can be rolled out within the letter of the law.”

McDuffie agrees, and he says he’s working to make sure the bill gets implemented with the spirit and intent of how it was drafted.

The two models that the NEAR Act is based on have shown promise: Richmond has seen a 76 percent drop in homicides, and the Cure Violence model has curbed violence in pilot programs around the world. It remains to be seen whether the nation’s capital will have similar success—whether the old way of approaching violent crime, with militarized policing and mass incarceration, is finally on its way out.

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How to Change a Conservative State https://talkpoverty.org/2017/04/07/anti-immigrant-law-sparked-change-deep-red-state/ Fri, 07 Apr 2017 13:05:22 +0000 https://talkpoverty.org/?p=22860 President Donald Trump and Sheriff Joe Arpaio have a lot in common. They’ve both built political careers out of attacking immigrants: They were elected on populist platforms that appealed to white nationalists, and they were two of the most vocal supporters of the racist “birther” movement. They’ve both starred in reality TV shows. They even share the same birthday. But there’s one important difference: While Trump was voted into office in November, Maricopa County, Arizona voted Arpaio out.

Arizona has traditionally been a conservative stronghold. It’s where Barry Goldwater launched his career; where, more than 60 years later, John McCain was officially censured for being too liberal. It’s the birthplace of one of the most anti-immigrant bills in the nation, and it’s home to a legislature that recently passed a law that would have allowed businesses to refuse service to gay people.

But in November, amid Trump’s victory and a conservative sweep in Congress, Arizona boasted several progressive wins. It was one of four states to pass minimum wage legislation via ballot initiative: Prop 206, which gained 58% of the vote, will raise the state minimum wage to $12 by 2020 and give workers the right to paid sick time. Arizonans also elected several progressive Latino candidates, including Adrian Fontes, the new Maricopa County recorder, and Juan Mendez, an openly atheist state senator. And of course, Maricopa voters ousted Arpaio—ending his 24-year authoritarian reign.

These wins were not isolated events. They were part of a larger progressive movement in Arizona—one that’s been building for several years.

***

For many Arizonans, Arpaio is the embodiment of anti-immigrant hate. While in office, he persecuted immigrants—and the entire Latino community—with a singular focus. When the U.S. Department of Justice sued him in 2012 for racial profiling, the formal legal complaint was full of frightening anecdotes of police misconduct: Latino drivers were “nearly nine times” more likely to be pulled over than non-Latino drivers; Latino people were regularly detained solely due to their race; and Latino detainees were often punished as a group.

Liedy Robledo, one of the lead organizers of the Bazta Arpaio campaign credited with Arapaio’s defeat in November, was raised by undocumented parents in Maricopa County under Sheriff Arpaio’s rule. Robledo says she didn’t realize how discriminatory Arpaio’s policing was until she moved to Colorado in 2008. She was a senior in high school at the time, and she remembers noticing that the police there wouldn’t pull people over just to check their immigration status. “When the sheriff would drive down the street, they had a purpose—they weren’t just patrolling.”

The anti-immigrant law was a catalyst.

Robledo became involved with youth organizing in Denver as legislators in her home state were crafting S.B. 1070, Arizona’s extreme anti-immigrant bill. She recalls it as a defining moment in her political development. She began thinking less about Arpaio as an individual actor and more about “the entire culture he’s built.” After she graduated, Robledo returned to Maricopa County, determined to organize against hate and injustice.

S.B. 1070 was also a catalyst for Tomas Robles, the executive director of Living United for Change in Arizona (LUCHA), the group that led the statewide campaign for Prop 206. “It called a lot of us into action,” he says.

But according to Robles, when S.B. 1070 passed in 2010, there was no organizing infrastructure yet for immigrant justice and economic justice in Arizona. They had to build it themselves. “We were the first group of leaders and organizers that came out of that 2010 struggle.”

In response to S.B. 1070, ten community organizations came together to form One Arizona, a coalition designed to combat against anti-immigrant legislation and get Latino voters to the polls. One of the founding groups, Puente, also partnered with LUCHA to create People United for Justice, which oversaw Bazta Arpaio and helped train leaders in both campaigns.

This emerging infrastructure created a new generation of organizers. “It’s kind of strange saying ‘generation’ when it’s only seven years,” Robles muses. But that’s exactly what it is—both Robles and Robledo began as volunteers, grew into leadership roles, then trained the next crop of leaders.

***

If there are parallels between Bazta Arpaio and LUCHA’s campaign for Prop 206, it’s likely because many of the organizers trained together and share a theory of change—one that focuses on training leaders from the most directly affected communities.

LUCHA had community members lead every aspect of the campaign, and most of its leaders were women of color. “Leadership development was ingrained in us from the very beginning,” Robles says. Bazta shared this same commitment: One of their organizers was a mother from the community who had never used a computer before. Robledo says she had to learn how to use a phone and a computer, but “by the end, she was cutting her own turf”—drafting lists and sending mass texts.

This leadership development pipeline allowed Bazta to leverage the strengths of different community members. “Our moms are really good at going into the churches and getting volunteers,” Robeldo said, while the younger organizers use their access to school to recruit student volunteers.

Robledo’s own experience as a community leader brought her back to the neighborhood where she grew up. When she was younger, her parents wouldn’t want her to walk down certain streets after school. But as an organizer with Bazta, those were the streets she had to walk, the doors she had to knock on. “It was really empowering, taking back Phoenix.”

***

Both Bazta Arpaio and the Prop 206 campaign relied heavily on door-to-door canvassing to gather votes, but not until after they’d built momentum in other ways. Bazta had a wide-ranging direct action and communications strategy that involved an enormous inflatable of Arpaio, a roving bus, murals, internet memes, and an online game. “By the time we knocked on doors,” says Robledo, “people already knew who we were.”

Similarly, LUCHA started creating momentum for the minimum wage fight in 2013. They staged actions with Fight for 15 and led community forums and workshops to get people fired up about economic justice. After two years of this, they funded a statewide poll and found that their work had paid off—most voters would support paid sick time and a higher minimum wage. Now they just had to get the votes.

Once it was time for both campaigns to knock on doors, they did so with extreme ardor, hitting thousands of doors per week for several months. “Tomas Robles and the Prop 206 campaign—they just outworked the opponents,” says Greg Stanton, Phoenix’s mayor. Stanton lauded Bazta’s volunteer canvassers for hitting “hundreds of doors per person per night”—especially since campaigns in Arizona take place during the hottest part of the year, when it often reaches 110 degrees or more. “They won this the right way,” he says.

The same tactics helped get Stanton elected in 2012. In West Phoenix, which had a large Latino population but low voter turnout, a group of young canvassers—some of whom Stanton says were the same people that worked on Bazta and Prop 206—knocked on 72,000 doors, increasing Latino voter turnout by more than 400% in one election cycle.

Organizers didn’t have to convince people there was a problem—they had to convince them that there was a solution.

Bazta’s door-to-door canvassing was a winning combination of grim determination and clinical efficiency. Robledo says that before counting a vote in their favor, volunteers would have to walk people through every step of the ballot application process: “Fill it out. Sign it. Put it in the mail.” And if the canvassers found a good story at the door, they’d hand it over to the communications team, so the canvassers could “keep on hitting more doors.”

Perhaps the biggest obstacle the canvassers faced was a feeling of powerlessness among voters. Robles said that most people supported raising the minimum wage, but they’d say, “There’s no way that can happen here in Arizona.” And the Bazta canvassers heard hundreds of iterations of “my vote doesn’t count” or “he’s going to win again” or “he’s invincible.” They didn’t have to convince people there was a problem—they had to convince them that there was a solution, that they had the power to change the status quo.

On election day, Bazta’s young volunteers felt this power. They had been scrambling that week because of last-minute court decisions to revoke, and then reinstate, a ban on collecting ballots, which caused many voters to miss the deadline to mail their absentee ballots. Bazta went to two high schools to try to get 50 students from each school to spend their afternoon canvassing. But people were so energized that 100 students walked out of each school to volunteer—so many that the organizers ran out of doors to give to people.

***

Bazta’s victory in defeating an anti-immigrant authoritarian leader has obvious national parallels. As Progress Now’s executive director Josselyn Berry says, “In Arizona, we’ve seen Trumps before, and we’ve been able to defeat them.”

But the beauty of the Bazta Arpaio campaign—and LUCHA’s victorious Prop 206 campaign—is that they’ve created a movement that will outlast one election cycle. By rallying voters for their respective causes, these two campaigns helped the One Arizona coalition register 150,000 new Latino voters in Arizona—more than Trump’s margin of victory in Pennsylvania, Nevada, Wisconsin, and Michigan combined. And they raised a new generation of leaders in the Latino community, including hundreds of 17- and 18-year-old students who are now realizing their political power.

It’s tempting to think that the progressive uprising in Arizona is a direct result of S.B. 1070 and Arpaio’s culture of hate; that those oppressive conditions, via some social analog of Newton’s third law, triggered an opposite reaction. The pendulum of history swung to the right, and it was only a matter of time before it inevitably corrected itself.

But progressive change is not inevitable, nor is it easy. It takes strategic organizing and collective resilience. And sometimes, it takes a swarm of volunteers knocking on door after door after door beneath Arizona’s punishing midsummer sun.

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Meet the New Orleans Group Fighting to Stop Deportations https://talkpoverty.org/2017/01/06/meet-new-orleans-group-fighting-stop-deportations/ Fri, 06 Jan 2017 14:00:17 +0000 https://talkpoverty.org/?p=22133 In western New Orleans, William Diaz-Castro’s work is everywhere. It’s in the sidewalks, the streets, and the campus towers; in the storm-ravaged homes resurrected from ruin. Concrete is his specialty, and during the city’s recent reconstruction, his skills were in high demand.

Diaz-Castro is one of tens of thousands of immigrants who came to New Orleans in the years following Hurricane Katrina, which damaged more than one million homes. After helping rebuild the city, this community is now being detained, prosecuted, and deported en masse.

The federal government now spends more on immigration enforcement than it does on all other law enforcement agencies combined. In addition to funding deportation efforts, this includes more than $2 billion to lock up immigrants in federal detention centers. Immigration and Customs Enforcement (ICE) detains hundreds of thousands of people each year, in part because a little-known congressional directive known as the bed mandate requires ICE to keep a minimum of 34,000 “beds” per day.

In 2012, ICE targeted Diaz-Castro as he was leaving for work. He and his friend were trying to jumpstart his car in the parking lot of his apartment complex when eight armed ICE officers surrounded them. Upon discovering that he was undocumented, ICE promptly arrested and deported him.

This was during the early days of the Criminal Alien Removal Initiative, or CARI, an aggressive ICE pilot program that resembled stop-and-frisk policing. According to ICE, the program was supposed to focus on undocumented immigrants with criminal records who posed a risk to community safety. But according to Fernando Lopez, a lead organizer for the Congreso de Jornaleros (Congress of Day Laborers), an organizing and advocacy group in Louisiana, that’s not how it worked in practice. Lopez says that the result of the program was “totally racial profiling,” and that whenever ICE would see two or three Latino people, “they would just surround them with their guns drawn.” These raids happened all throughout the Latino community—in laundromats, bible study, at a Latino market in the suburbs.

Diaz-Castro and his partner, Linda Guzman, were expecting when he was deported in 2012. He knew that without his support, his partner would struggle to provide for their newborn son. “I couldn’t abandon them,” he says. So he came back, just in time for their son Willie’s birth.

After a few years of relative peace, on March 22, a team of ICE officers swarmed Diaz-Castro’s apartment without a warrant. Three-year-old Willie watched as the officers interrogated his father, handcuffed him, and took him away.

Diaz-Castro’s absence has been hard on his family. Guzman makes $8 per hour in her job at a laundromat—not nearly enough to pay for rent, utilities, food, and a babysitter for Willie. Without Diaz-Castro’s wages to help, Guzman could no longer afford rent, so she—and Willie—became homeless.

***

My only crime is to be an immigrant.

In 2014, President Barack Obama announced his resolve to fix our immigration system. He put forth a plan to grant deferred action to undocumented parents, and he expanded the existing Deferred Action for Childhood Arrivals program. He also vowed to focus on “actual threats to our security,” and promised to punish “felons, not families.” But these words have been little comfort for Diaz-Castro, who’s never even had a speeding ticket, let alone committed a violent offense. As he puts it, “My only crime is to be an immigrant.”

After his arrest in March, Diaz-Castro spent a month in one of ICE’s privately-owned detention centers. Since he had no prior criminal record, he didn’t qualify as a priority for deportation, so ICE referred his case to the U.S. Attorney’s Office and transferred him to federal prison. When he was finally charged with illegal entry 6 months later, he’d already served his entire sentence. He was released from prison, but ICE didn’t let him go free—instead, they transferred him back to detention, using his entry charge as a new justification for deportation.

***

Diaz-Castro has been an active member of the Congreso de Jornaleros since 2013, and they’ve been providing legal support throughout his case. In addition to direct legal support, the group also conducts large-scale grassroots organizing and direct action. They were instrumental in stopping the CARI raids: They ran an escalation campaign that included a large protest at ICE headquarters in which dozens of Congreso members chose to get arrested, risking deportation to draw attention to the brutality of the raids.

It’s partly through Congreso’s help that Diaz-Castro got his charges reduced from felony re-entry to misdemeanor entry. After ICE transferred him from federal prison back to immigration detention, Congreso urged ICE to exercise prosecutorial discretion and release him, arguing that he didn’t meet any of the criteria ICE uses to prioritize people for deportation. ICE relented, and on December 20, they released him.

Under President Trump, demand for groups like Congreso will likely increase. Trump has promised to end sanctuary cities, triple the number of ICE agents, and deport “criminal aliens” on day one of his presidency. Lopez says they must fight against the normalization of racism, hate, and bigotry that will accompany a Trump presidency. To do this, Congreso is mobilizing more people than it has in the past, including people who aren’t as directly affected. “Allies need to step up,” he insists.

Lopez says they’re recruiting people to join a larger movement that’s “not just about immigrants.” It’s a movement that’s broadly anti-hate, anti-racism, anti-family separation; a movement that includes hundreds of groups like Congreso that have been fighting—and winning—local battles against injustice.

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