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D.C. Court Denies Texas’ Request for Quick Approval of State Redistricting Plans

This morning, a federal district court in Washington, D.C. denied a request by Texas for approval of the State's congressional, Texas House and Texas Senate redistricting plans without conducting a trial to determine whether these plans were drawn with the intent or effect of diminishing the ability of minority voters to elect the candidates of their choice. The Southern Coalition for Social Justice, on behalf of the Texas State Conference of NAACP Branches and in conjunction with the Texas Legislative Black Caucus and the League of United Latin American Citizens, offered briefing and oral argument to the court on November 2, 2011, urging the court not to approve the redistricting plans because the plans are unfair to Black and Latino voters. Because of the Court’s ruling, the state’s enacted redistricting plans for Congress, State House, and State Senate cannot be used for the 2012 elections. A federal district court in San Antonio will now draw interim redistricting plans for 2012 elections. The court in San Antonio has already conducted hearings on those interim plans, in which SCSJ presented information to the court on how to draw plans that would be fair to minority voters.

Redistricting Lawsuit Filed

Today SCSJ filed a lawsuit on behalf of four statewide organizations and 27 individual voters, challenging the newly enacted redistricting plans for the North Carolina State House, State Senate and U.S. Congress. We allege that all three plans “are an intentional and cynical use of race that exceeds what is required to ensure fairness to previously disenfranchised racial minority voters.” In addition to violating the equal protection rights of North Carolina voters on the basis of race, the maps also unfairly create two classes of voters in the state. One class is those who live in split precincts and who will experience delays, confusion and a heightened risk of receiving the wrong ballot. Approximately two million voting age adults in the state (27% of the total voting age population) live in a split precinct. The other class is those voters who do not live in a split precinct and who will not face these problems. African-American voting age adults are 50% more likely than whites to live in a split precinct. The organizational plaintiffs are the North Carolina NAACP, Democracy North Carolina, the North Carolina League of Women Voters and the North Carolina A. Philip Randolph Institute. We seek to overturn the legislature’s unconstitutional packing of black voters. The Complaint is attached below. For a musical explanation of what this case is about, check out this video from ProPublica: http://www.propublica.org/article/video-the-redistricting-song.

Wills' Clinic Held on October, 21-23, 2011 in Edgecombe County

SCSJ conducted its fifth wills’ clinic in Tarboro, North Carolina, as part of its efforts to prevent a leading cause of land loss in the South: heirs’ property passing without a will. During the October 21-23 clinic, 20 Edgecombe County residents had 55 end of life documents made free of charge. Many thanks to everyone who made the service possible: SCSJ coordinating attorney Chris Brook, the office of the Edgecombe County Agricultural Extension, and the ten law student volunteers from Carolina and Campbell Law. SCSJ will conduct its next wills’ clinic in Edgecombe County the weekend of February 17-19. www.southerncoalition.org/documents/willsclinicphoto_0.jpg

Anti-Loitering Ordinance Press Conference

At 11AM on October 18, 2011 three dozen Carrboro residents gathered at the corner of Davie and Jones Ferry Roads in violation of the town’s anti-loitering ordinance. The ordinance makes it a misdemeanor to "stand, sit, recline, linger, or otherwise remain" on this corner "between the hours of 11 a.m. and 5 a.m." Day laborers impacted by the ordinance, attorneys underlining its unconstitutionality, and residents who believe the ordinance is contrary to Carrboro’s welcome, progressive reputation all called for its immediate repeal. “This is one of the only venues where we can provide for our families,” day laborer Angel Martinez told the crowd. “Once we are asked to leave, there’s nowhere else we can go.” SCSJ staff attorney Chris Brook opened the press conference by reading a letter signed by 115 Carrboro residents to the Board of Alderman highlighting that the ordinance "violates the civil and human rights of any person who would otherwise lawfully be present at the intersection." Prior to its start, Carrboro announced they would not seek to enforce the ordinance to disrupt the press conference. Brook highlighted the problematic nature of this selective enforcement noting, “Our First Amendment rights are not being obstructed today, but day laborers’ rights are infringed upon every day.” For more on this press conference please visit: http://www.indyweek.com/triangulator/archives/2011/10/25/group-calls-for-end-to-carrboros-anti-lingering-ordinance

A blueprint for future waste disposal

The following op-ed appeared in the Greensboro News-Record on Sunday. It was written by SCSJ staff attorney Chris Brook, who represented numerous clients in a lawsuit against the city over the Council's attempt to re-open the White Street Landfill to municipal solid waste. SCSJ also intervened in a case involving the company selected by the council. On July 17, 2001, the Greensboro City Council passed a resolution barring further expansion of the White Street Landfill and sought to chart a course to a waste-disposal alternative. More than 10 years later — and following a divisive effort to reopen the landfill that saw three requests for proposals put forward and then abandoned; landfill opponents and supporters suing the city; and an attempt by council members to recuse a fellow member from voting on a landfill contract — it may seem a solution to Greensboro’s garbage problem is further away than ever. That doesn’t have to be so. While it was painful, the recent White Street discussion underlined the city’s three core waste-disposal values, which can serve as a guide to an equitable, sustainable and fiscally responsible long-term solution. First, the White Street Landfill must remain closed to municipal solid waste. Greensboro made a promise to its residents in 2001 that White Street would not be expanded and the city would transition the vast majority of its waste to another site. In 2006 this promise became reality. Elderly couples used to waking to the hum of garbage trucks lined up outside their windows slept a little better. Families considering moving elsewhere chose to stay in Greensboro. And first-time homebuyers purchased houses near the landfill based on the assurance that White Street was closed for good. These Greensboro residents have relied upon the word of their city and deserve to have their faith and loyalty rewarded. Second, Greensboro should dispose of its waste in a manner that minimizes health, economic and environmental impacts. There is no perfect place for a landfill; it will upset someone wherever it goes. However, some locations are better than others. For example, 7,548 Greensboro residents live within a mile radius of the White Street facility, a number sure to increase as the eastern portion of the city continues to grow. By contrast, Greensboro currently ships its garbage to the Uwharrie Regional Landfill. Only approximately 100 people live within a mile radius of that facility. The closest town is Troy, population 3,430, whose downtown is five miles from the landfill. This is not necessarily to advocate that Greensboro continue to use Uwharrie, but instead an illustration of how thoughtful siting can minimize impacts. Third, Greensboro policymakers should select a fiscally responsible waste-disposal option. The conservative, four-person City Council faction that drove the recent White Street discussion was right that cost is an issue, or, as Councilman Danny Thompson succinctly summarized, “It’s dollars and cents.” Their first mistake was treating cost as the only issue. Their second mistake was trumpeting short-term savings, while failing to consider the long-term fiscal implications of reopening a landfill only four miles from downtown Greensboro. Driving a hard bargain with Greensboro taxpayer dollars is an imperative going forward, but it must be placed in the context of the city’s responsibilities to its residents and the need to foster economic growth for future generations. There are potential solutions on the horizon that could allow Greensboro to honor the three core values underlined by the recent White Street debate. Republic Services has identified $3.5 million in potential annual savings through continued use of the Uwharrie Regional Landfill. Nearby Randolph County has expressed interest in hosting a regional landfill, which has the potential to minimize impacts. While it is too early to tell if these proposals will pan out, it is not too early for voters to do their due diligence on City Council candidates to ensure they will pursue equitable, sustainable and fiscally responsible solutions. Without officeholders squarely focused on long-term answers, Greensboro could be having this same conversation in 2021.

Wills' clinic in Spout Springs, NC

NOTE: we are having another wills' clinic October 22-23 in Tarboro, NC. Contact SCSJ attorney Chris Brook at (919) 323-3380 for more details. Following other wills' clinics we have held across the state, SCSJ conducted its first wills’ clinic in Spout Springs, North Carolina, as part of its efforts to prevent a leading cause of land loss in the South: heirs’ property passing without a will. During the September 23-25 clinic, 18 Harnett County residents had 54 end of life documents made free of charge. Documents drafted included wills, living wills, health care powers of attorney, and durable powers of attorney. Many thanks to everyone who made the service possible: SCSJ coordinating attorney Chris Brook, the Spout Springs Presbyterian Church, which hosted the clinic, and the ten law student volunteers from Carolina and Campbell Law. Carolina Law second-year student and wills’ clinic volunteer Jean Abreu highlighted the rewards in “assisting clients in securing their property for future generations.”

National Call-in day for Iglesia Buen Pastor!

Today we are asking people to call Immigration and Customs Enforcement to ask that they drop the charges against 22 members of the Buen Pastor congregation. We are doing this in partnership with the National Network for Immigrant and Refugee Rights. If you haven't signed the petition, do so here.

Dial (800) 394-5855 and tell them:

Hello, I am calling from ______________________ to urge John Morton to drop the charges against all the families involved in the Buen Pastor congregation case in which 22 men, women, and children are facing deportation. Over 800 individuals have signed a petition asking for him to drop the deportation proceedings for this case but have not received a response.

- John Morton has the power to take action today to drop charges.


- Members of Buen Pastor are exactly the kind of individuals who should benefit from President Obama’s August 18th announcement that DHS should use discretion to close cases of individuals who are positive influences on our communities, and who furthermore, are victims of civil rights abuses.


- The church members have filed a complaint and now have an open investigation with the DHS office of Civil Rights and Civil Liberties for rights violations including racial profiling, denied access to interpreters, denied access to legal counsel, and threats to take away their children.

SCSJ Wills Clinic — more to come

SCSJ staff attorney Christopher Brook spoke to more than 100 Edgecombe County residents on September 17, 2011 about the challenges associated with heirs’ property. Heirs’ property is land that has been passed down through a family without a will and has played a part in African-American land loss. Speaking at “Come Be Empowered! Family Matters,” sponsored by the Edgecombe County Clerk of Court, Brook outlined the importance of end of life documents to mitigate heirs’ property problems as well as outlining strategies for families with heirs’ property. Brook also publicized SCSJ’s upcoming October 22-23 wills’ clinic in Edgecombe County.

SCSJ joins amicus brief on Alabama anti-immigrant law

SCSJ joined a civil rights amicus brief filed in the case over Alabama’s HB56, a law considered by many civil rights groups to be the worst of the Arizona SB1070 copycat legislation that has moved through several statehouses in the past year. ACLU Immigrant Rights Project, ACLU of Alabama, Latino Justice PRLDEF, the National Immigration Law Center, and the Southern Poverty Law Center are seeking a preliminary injunction to enjoin HB 56 from taking effect next month. The Alabama law goes beyond Arizona’s SB1070 by making it unlawful even to provide shelter to undocumented immigrants. It also bans undocumented youth from pursuing an education in community colleges or four-year universities. It attempts to discourage parents from enrolling their undocumented children in public education by permitting school officials to report children to the Department of Homeland Security whom they suspect to be in the country illegally. In May, the U.S. Department of Education and the U.S. Department of Justice send a strongly worded letter reminding school systems of their obligations to educate children irrespective of their immigration status. Aside from federal civil rights law, the U.S. Supreme Court upheld these children's right to an education in Plyler v. Doe (1982). Other than SCSJ, 27 Amici organizations have joined the brief. The others are the Alabama State Conference of the National Association for the Advancement of Colored People (NAACP), The Alabama Council on Human Relations (ACHR), Alabama New South Coalition (ANSC), Alabama NOW (part of the National Organization for Women), Asian American Legal Defense and Education Fund (AALDEF), Birmingham Peace Project, Dominican American National Roundtable (DANR)/National Dominican American Council (NDAC), Equality Alabama, Federation of Southern Cooperatives/Land Assistance Fund, Hispanic Federation, Immigration Equality, Lawyers’ Committee for Civil Rights Under Law (Lawyers’ Committee), Montgomery Improvement Association (MIA), National Asian Pacific American Bar Association (NAPABA), National Association of Latino Elected and Appointed Officials (NALEO), National Council of La Raza (NCLR), National Employment Law Project (NELP), National Guestworker Alliance (NGA), National Immigration Law Project of the National Lawyers Guild (National Immigration Project), New Orleans Workers’ Center for Racial Justice (Workers’Center), Sikh American Legal Defense and Education Fund (SALDEF), Society of American Law Teachers (SALT), Southern Christian Leadership Conference (SCLC), and the United States Hispanic Leadership Institute (USHLI). Read the amicus brief here.

Executive Director Anita Earls honored by national NAACP

Anita Earls, our executive director, was awarded the Champion of Justice Award by the National Association for the Advancement of Colored People for her years of dedication to civil rights advocacy. During that time, Anita has devoted much of her advocacy to the issue of voting rights. Currently, SCSJ is devoting several staff almost exclusively to redistricting and voting rights cases, whom Anita leads. Anita has over 20 years as a civil rights attorney working to empower underserved communities of color. She was a deputy assistant attorney general in the Civil Rights Division of the Department of Justice from 1998 to 2000. The award was presented by the General Counsel of the National NAACP, Kim Keenan, Esq., who ran out of time in reading Anita's long list of accomplishments. Doug Clark, an editorial writer for the Greensboro News & Record, once discussed the possibility of Anita becoming a federal judge. Aside from her own accomplishments, Anita has led more onto victories through SCSJ and the organizations with whom we partner. Anita continues to be a tireless advocate for justice in our state and beyond.

my experience as an scsj intern

During the summer, SCSJ hosts several interns from undergraduate and law school programs around the state and beyond. Here are the reflections of one of our undergraduate interns, Michael Sloan. My experience working with the Southern Coalition for Social Justice (SCSJ) this summer has truly been a wonderful opportunity. When my Constitutional Law professor at Howard University discovered that I was from Durham, North Carolina and was seeking an internship in the area he immediately referred me to SCSJ, where he knew Executive Director Anita Earls. Having been a life-long resident of Durham, it came as a surprise to me that I hadn’t previously heard of the Southern Coalition. Upon researching the organization, I was very impressed with their work and felt that an internship where I had the opportunity to work alongside SCSJ’s staff attorneys would prove fruitful and educational. As an undergraduate student and aspiring attorney, I had never considered working for a non-profit organization as a viable career pathway for someone in my field—until now. To be quite honest, I can’t even say I knew a great deal about the inner workings of a non-profit. Over the past couple of months, I have ascertained a great understanding as to how a non-profit functions. It has broadened my scope, opening my eyes the many career pathways there are in the field of law. I primarily work under the tutelage of staff attorney Allison Riggs, who does a lot of work with voting rights and redistricting cases. Coming into the internship, I had a limited understanding of the role redistricting plays in our American political structure. It is an integral aspect of American politics and arguably one of the most self-interested and partisan as well. The drawing of legislative districts has a direct affect on who gets elected in local and presidential elections, so it’s no wonder that politicians and elected officials fight tooth-and-nail over district lines. On a day-to-day basis, my tasks usually include researching information and collating data that can be used to determine if a law or political decision has disproportionately impacted any one group of people—primarily minorities. One of my most enriching experiences as an intern was attending a county meeting in North Carolina where elected officials and community leaders had called upon SCSJ to develop a redistricting plan that gave them a fair chance of getting a minority district drawn. I saw these officials and leaders going back and forth about the politics of drawing district lines and the affect that a poor decision could potentially have on their community. That experience added color, life, and meaning to the standard office work I see on a daily basis. Its one thing to sit behind a desk looking up information and statistics, but it’s quite another experiencing how that research plays out in the lives of real people. As one of the only undergraduate interns, I have also benefited from working alongside law school interns. They have given me great insight into what I can expect from law school and how I should prepare. I believe am abreast of the challenges law school shall surely present; however, I feel resolve in knowing that I am better equipped with the tools necessary to be most successful. As the summer comes to a close, I can really appreciate the edifying experience I have had here at SCSJ. While the organization maintains a professional environment, it is not in the least bit stuffy. I have enjoyed the relaxed and familial atmosphere of the office. As a non-profit still in its infancy, the staff can be classified a small, close-knit group of individuals who value a warm work environment. Going forward, I wish SCSJ much success as it continues to grow and build a name for itself across the nation. With each successful case, be it on behalf of one or many, SCSJ is leaving a lasting imprint on the community it has helped. It is the Southern Coalition for Social Justice and like-minded organizations that are the true do-gooders of our communities. They have shown me, above all else, that real honor in this line of work comes from fighting on behalf those without means to fight for themselves. Put simply, SCSJ gets it right.

Ban the Box: from a fellow member of the Second Chance Alliance

Daryl V. Atkinson, a Staff Attorney in the North Carolina Office of Indigent Defense Services recently wrote the following op-ed for the NC Public Defender Association newsletter. SCSJ works with Mr. Atkinson as part of the Second Chance Alliance in support of the Ban the Box campaign for fair hiring. People with criminal records suffer from pervasive discrimination in many areas of life, including employment, housing, education, and eligibility for many forms of social service benefits. “Ban the Box” is a fair hiring campaign that seeks to end the employment discrimination faced by people with criminal records. In the wake of the terrorist attacks on 9/11 the criminal background check industry has grown tremendously. According to a survey conducted by the Society for Human Resource Management more than 90% percent of companies reported using criminal background checks for their hiring decisions. For many companies, criminal background checks have become the primary screening tool for prospective employees. However, these background checks often return information that is inaccurate, outdated, and unrelated (from any reasonable perspective) to the applicant’s fitness for a particular position. Ban the Box ordinances remove the questions about an applicant’s criminal history from the initial stages of the employment process so the hiring authority can first get an opportunity to learn about the candidate's experience, skills and personality as they relate to the position to be filled. Delaying the criminal background check until an applicant has been made a conditional offer of employment has improved the employment outcomes for people with criminal records. For example, Minneapolis passed a Ban the Box ordinance in 2007. Prior to the ordinance, only 6% of people with tarnished records were able to find work. After the Ban the Box measure was passed, this figure jumped to 60%, without any increase in theft or violence in the workplace. No other public policy has been shown to provide this level of improvement in transforming people with criminal records into responsible and productive tax-paying citizens. To date, over twenty cities and five states across the country have passed Ban the Box laws. The policy has proven to benefit potential employees, employers, and communities at large. Workers benefit because Ban the Box ordinances remove the chilling effect that questions about criminal records have on job applicants. Moreover, delaying the inquiry into an applicant’s criminal history levels the playing field by allowing the applicant to be judged on all of their qualifications and experience, not just their criminal record. Employers benefit from having an increased pool of applicants to choose from and reduced human resource expenses because they are not conducting unnecessary background checks on unqualified applicants. Finally, the community benefits from increased public safety and reduced corrections costs. In sum, Ban the Box is a win-win proposition for people with criminal records, prospective employers, and society as a whole. Currently, the North Carolina Second Chance Alliance is encouraging the City Councils and County Commissions in Durham and Raleigh, NC to pass Ban the Box ordinances.