Tuesday, September 12, 2023

Challenge to political maps to proceed with state’s claim Black voting power isn’t diluted

Outcome could upend politics ahead of the 2024 election

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A federal trial that could force state lawmakers to redraw Georgia’s political maps ahead of next year’s election will enter its second week Monday.

Five lawsuits have been filed challenging the GOP-drawn maps that came out of a special session in 2021, but this trial features three of them, including challenges from Alpha Phi Alpha Fraternity, the Sixth District of the African Methodist Episcopal Church and Black voters across the state.

So far, the action has centered on the attorneys for the plaintiffs who are trying to show that the maps dilute the Black vote and violate Section 2 of the Voting Rights Act. If Judge Steve C. Jones rules in their favor, state lawmakers could be sent back to draw up new district lines.  

This week, lawyers representing the state will have a chance to present their defense of the maps, which they acknowledge were designed to protect the Republican majority but say they are fair to Black voters. They have so far framed the legal challenges as a veiled attempt to elect more Democrats, and they say the alternative district lines offered up by the plaintiffs are overly focused on race.

The state’s attorneys have argued that recent elections undermine claims that Black voters are not able to elect candidates of their choice, pointing to the wins of U.S. Rep. Lucy McBath in the Atlanta suburbs and President Joe Biden and U.S. Sens. Jon Ossoff and Raphael Warnock in statewide races.

The outcome of the case could prove consequential heading into next year’s election, since Black Georgians tend to vote for Democratic candidates at high rates. Republicans currently hold a fragile majority in the U.S. House, and any Democratic gains in the state Legislature would add to tightening margins under the Gold Dome.

The U.S. Supreme Court recently stood behind Section 2 of the Voting Rights Act in a surprise ruling this summer that rejected Alabama’s congressional map. A redrawn plan that still did not include a new opportunity district for Black Alabamians was blasted last week by a three-judge panel, which ordered a third-party special master to do the job.

In Georgia, the cases at trial argue a new majority Black congressional district can be drawn in metro Atlanta and that multiple new Black majority districts can be carved out in the state House and Senate maps. 

William S. Cooper, a private consultant who created the alternative map, said he was asked to explore whether the Black population in Georgia was large and compact enough to warrant an additional congressional district. But he said race was just one of many factors he considered. 

“It practically draws itself,” Cooper said last week, describing the task as “very straightforward, easy.”

That district, congressional District 6, is today represented by Republican U.S. Rep. Rich McCormick who won in 2022 after state lawmakers shifted the boundary lines to favor a GOP candidate. The change prompted the previous incumbent, Democratic U.S. Rep. Lucy McBath, who is Black, to challenge fellow Democratic U.S. Rep. Carolyn Bourdeaux in the racially diverse 7th District based in Gwinnett County.

As a result, Republicans now hold nine of Georgia’s 14 congressional seats, up from eight under the old map.

The attorneys for the plaintiffs argue Georgia’s political maps dilute Black voting power and do not reflect the state’s changing demographics. The number of Black Georgians grew by about 484,000 people since 2010, with 33% of the state now identifying as Black. Meanwhile, the number of white Georgians dropped by 52,000.

They have put experts on the witness stand who say Black voters are left underrepresented in the halls of power and stuck with a system that is unresponsive to what they argue are Black Georgians’ distinctive needs when it comes to issues like health care access, education, employment and social justice.

“Across every metric I looked at, Black individuals are doing worse than white individuals,” testified Loren Collingwood, a political scientist at the University of New Mexico who analyzed socio-economic data.

Collingwood presented voter turnout results that showed a widening gap between Black and white voters in recent election cycles, though the state argued that the same data also showed Black turnout increasing.

The judge has also heard from Black residents across the state who have launched unsuccessful bids for public office.

Diane Brack Evans, who lives in Jefferson County, has been active in Democratic politics, including three runs for a state Senate seat. But she testified Thursday that she was not so much interested in electing a Democrat as she was in wanting an elected official who would “take an interest in her community.”

Evans shared a personal story about her late sister who had chronic medical conditions but was not eligible for Medicaid coverage and eventually ended up uninsured. Evans let her sister move in and she filled in as her sister’s physical therapist. Her story was not all that unique, she said.

“This is really how it is in this area here,” she said.

Fenika Miller, who also testified for the plaintiffs, is a lifelong Houston County resident who has run twice for the state House as a Democratic candidate – including once against a Black Republican – and is now the deputy national field director for the Black Voters Matter Fund.

Miller was asked by the state’s attorney if the alternative maps would help elect more Democrats. She responded that the maps would allow “more Black voters to have a say in what their representation looked like – regardless of party.” 

This article originally appeared in The Georgia Recorder on September 12th, 2023, of the State News Room network  


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Judge rules Louisiana must remove youth from Angola


A federal judge Friday ordered Louisiana prison officials to stop housing youth offenders in the former death row of Louisiana State Penitentiary at Angola and to relocate them within one week.

U.S. District Judge Shelly Dick of the Middle District of Louisiana found that conditions at Angola constitute cruel and unusual punishment and violate the 14th Amendment of the Constitution. The ruling was the culmination of a lawsuit the American Civil Liberties Union of Louisiana filed last year after Gov. John Bel Edwards announced the state would start sending children to Angola because six juveniles had escaped from the Bridge City Center for Youth. 

At the time, Edwards said the transfers to Angola were temporary while officials worked on renovations and improvements at another juvenile correctional facility.

In Friday’s verbal ruling, Dick noted the state broke promises it made last year during a September 2022 court hearing that the youths wouldn’t face punishment during their confinement, according to an ACLU press release. 

The judge found that prison officials locked the juveniles in cells for days at a time and punished them with the use of handcuffs, pepper spray and denial of family visits. The state failed to provide adequate staffing, including licensed social workers or professional counselors, appropriate education and necessary mental health treatment or social services, according to Dick.

“Now, it is time for Louisiana’s leaders to provide the appropriate care and support so all children can thrive and reach their full potential,” said David Utter, the ACLU’s lead counsel. “We demand investment in our children, not punishment. State officials must address the long-standing, systemic failures in Louisiana’s juvenile justice system. A state where all our children — Black, brown and white — have equal access to opportunity is possible.” 

There was no immediate response from the governor’s office in response to Dick’s ruling.

Advocates for incarcerated youth hailed the ruling and called on Edwards and the state Office of Juvenile Justice (OJJ) to address its shortcomings.

Antonio Travis, youth organizing manager with Families and Friends of Louisiana’s Incarcerated Children, said in a statement it was “shameful” that it took a lawsuit to force officials to remove the youth from Angola. He stressed the need for the state to take a holistic approach to juvenile justice as called for under state law approved two decades ago.

Our ineffective over-reliance on youth prisons has proven time and again that punitive measures don’t work and don’t foster rehabilitation,” Travis said. “We must recommit to an approach that invests in community based-alternatives, including mental health and mentorship programs, to provide youth with opportunities and a future outside of prison walls.

“Today’s ruling is a step in the right direction, but it isn’t actually progress; it’s simply regaining what we lost last year when the Governor decided to send kids to Angola. There is much more work to be done in order to truly reform this broken system.”

The state Office of Juvenile Justice (OJJ) issued the following statement Friday afternoon:

Last year, after a series of high-profile and violent incidents at OJJ facilities, the office of Juvenile Justice temporarily repurposed a facility on the grounds of Louisiana State Penitentiary as a transitional treatment facility for high-risk youth. The decision was not made lightly but with inadequate space at existing OJJ facilities, immediate action was necessary to protect the youth, staff, and surrounding communities. OJJ has taken extraordinary measures to ensure the temporary West Feliciana Facility complies with state and federal law requiring the youth to continue receiving education classes, have suitable living conditions, and be completely separated from any adult inmates. The West Feliciana Facility has allowed us to keep community members, staff, and youth in our care safe, but the plan has always been to close the temporary facility as soon as possible and move the high-risk youth upon completion of the new Swanson secure care facility, which is scheduled to open later this year. While we disagree with the court’s ruling today and will be seeking an emergency writ, we will continue to explore every option available to us that ensures the safety of staff, community members, and youth in our care.”

This article originally appeared in The Louisiana Illuminator on September 8th, 2023.  

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‘People Have Been Protesting Against Cop City Since We Found Out About It’, FAIR 


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Thursday, September 7, 2023

Cop City Protesters Arrested After Chaining Themselves to Construction Equipment

"This movement cannot be won with a ballot alone; we must organize together for mass direct actions if we want to have a chance at protecting our community and saving our planet," said one of those arrested.


Five "Stop Cop City" demonstrators, including faith leaders, were arrested Thursday morning after chaining themselves to construction equipment at Atlanta's proposed Public Safety Training Center just outside of city limits in DeKalb County, Georgia.

The arrestees are Rev. Jeff Jones, a Unitarian Universalist volunteer community minister; Rev. David Dunn, a Unitarian Universalist minister; Ayeola Omolara Kaplan, an Atlanta-based revolutionary artist; Atlanta resident Lalita Martin; and Georgia resident Timothy Sullivan, according to the Atlanta Community Press Collective.

The Atlanta Police Department (APD) said in a statement that "those five people have been taken into custody and we are working with the Georgia Bureau of Investigation regarding charges on these individuals. Around this same time, approximately 25 people gathered outside the site to protest."

Protesters were arrested in Georgia on September 7, 2023. (Photo: Atlanta Police Department)

The Atlanta Journal-Constitutionreported that protesters outside the construction site of the contested 85-acre facility chanted "Cop City will never be built."

Photos shared on social media showed demonstrators carrying signs that said "#StopCopCity," "No Cop City on Stolen Land," and "The People's Injunction: Stop Work Order."

A notice protesters posted on metal fencing said that the people were shutting down the project for violations including "destruction of a forest, destruction of the public trust, polluting Intrenchment Creek, violating the will of the community, undermining the democratic process."

"We have tried to get justice in the courts, we have tried to get justice using our politicians, and unfortunately, they have betrayed and failed us," said Mary Hooks of the Movement for Black Lives, according to the AJC. "So when our government systems fail, that is when the people must stand up and take action."

"Anytime somebody puts their bodies on the line for the cause," added Hooks, "it was worth the risk."

The "people's injunction" to halt construction came after Georgia Republican Attorney General Chris Carr announced Tuesday that a grand jury indicted 61 Stop Cop City protesters under the state's Racketeer Influenced and Corrupt Organizations (RICO) Act.

Omolara Kaplan, one of the demonstrators arrested Thursday, said in a statement that "there is a war happening against protesters. If we don't stand up for our right to protest now, standing up in the future will be in vain. Cop City is in the process of being built and this can only continue if we allow it."

The protester also highlighted an effort by Cop City opponents to collect signatures for an Atlanta referendum to block the project—and the pushback from political leadership in the city, such as a related verification process that critics have denounced as a form of voter suppression.

"As Atlanta Mayor Andre Dickens fights against our right to stop Cop City via the ballot, we must continue our struggle to stop the project with direct actions like sit-ins, boycotts, and blockades," said Omolara Kaplan. "This movement cannot be won with a ballot alone; we must organize together for mass direct actions if we want to have a chance at protecting our community and saving our planet."

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