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Josh Moon

Opinion | EJI museum, memorial are giant mirrors for Alabama

Josh Moon

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It should be expected, I guess, that a museum and a memorial devoted to America’s awful history of lynchings and general mistreatment of minorities would touch a few nerves.

It’s hard to look in the mirror sometimes.

That’s what the Equal Justice Initiative’s museum — The Legacy Museum — and memorial — The Memorial for Peace and Justice — are doing to the State of Alabama and the City of Montgomery.

Two gigantic mirrors have been erected. And the reflections are not pretty.

For far too long, the people of this state have whitewashed the true injustices carried out against black Americans. The story they tell — one they profess to believe — assigns little blame to white people and glosses over huge inconvenient truths.

Yeah, sure, slavery was awful, they’ll tell you, but it’s been over for a hundred years!

Except, the last recorded lynching in America occurred in 1981. In Mobile.

  1. I’m no math wiz, but I think that’s less than 100 years ago.

This is one of dozens of similar stories that white people like to tell in order to justify a lack of empathy — to justify never acknowledging the roadblocks and injustices and unfairness and flat out criminal behavior that were inflicted upon American citizens who merely had the misfortune to be born black.

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There’s also the tale of the happy slave. The one about how it’s better if the races keep to themselves. The one about separate but equal. The one about how blacks were worse off in Africa. The one about how “they” have had equal rights for decades. The one about how the black president meant everything was fair.

All of it to avoid the simple act of understanding.

I’ve never understood why this is so hard for some people — to acknowledge a wrong committed by people who you didn’t even know. To say, “You know, those few decades when we wouldn’t give a job to a qualified black person if any white person at all also applied might have something to do with the high levels of black unemployment and poverty today, and I’m sorry that happened.”

That ain’t hard.

But we can’t do it. And as long as we can’t do it, we’ll continue to fail.

Hell, just look at the failing city where these EJI sites reside. Montgomery is a mess, thanks almost entirely to racism.

No city in America has treated its black citizens worse. From hosting one of the biggest slave markets in America to being the site of multiple lynchings to denying blacks jobs to cutting off thriving black neighborhoods with an interstate to providing purposefully awful public transportation to historically promoting an atmosphere of police violence against minorities to all but ensuring black children would attend underfunded, underperforming public schools.

And the divide is more prominent than ever.

In Montgomery today, it is very likely that white kids and black kids will go their entire childhoods without ever spending meaningful time with a person from the opposite race.

That ain’t normal.

Neither is a state with a governor that speaks highly of confederate monuments and blows off the opening of a nationally-recognized museum and memorial.

But that’s what Kay Ivey has done. A week after her campaign released an ad that featured her talking about protecting confederate monuments from “out-of-state liberals,” Ivey this week blew off the EJI events. Her staff noted that she was returning from a trip to Japan on Thursday, but it also was fairly hazy on when she would return on Thursday. And there’s also the small fact that the events surrounding the opening stretch into Friday evening, when several big name performers are set to appear at a concert.

But no Ivey. Who lives in Montgomery.

That she’s apparently not worried about any voter blowback is terribly depressing.  

But it’s also why The Legacy Museum and The Memorial to Peace and Justice are so necessary in this town and state.

So people can see. Especially young people.

They can see how the sins of the past affect the people of today. How the stories they’ve heard were maybe a tad incomplete.

And maybe the mirrors in their futures won’t be so hard to look at.

 

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Josh Moon

Opinion | Merrill’s opinions on vote by mail not supported by facts

Josh Moon

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Voting by mail does not lead to fraud. 

We know this because voting by absentee ballot is essentially the same thing as voting by mail. And it is so safe that millions of people, including the U.S. military, the current president, most of his family, a good chunk of Alabama legislators and about half of Congress, do it every year and still the incidents of fraud are less than 1 percent. 

There have been exhaustive studies and audits completed to prove this point, including “research” conducted by a committee formed by Donald Trump three years ago. That committee found no real evidence of widespread voter fraud of any kind, only unique instances in which bad actors with access to ballots committed crimes. 

The rate of fraud in the 2016 election was 4 in more than 130 million votes cast. There was no evidence of undocumented workers voting. No evidence of in-person fraud. No evidence of widespread absentee ballot fraud. No evidence of hacking. No evidence of dead people voting. 

And most importantly, in states, such as Florida, that allow for mail-in voting, there was no evidence that casting a ballot by mail has ever spurred any increase whatsoever in voter fraud. 

These facts are apparently lost on Alabama Secretary of State John Merrill, who, in an effort to attract the eye of Trump on Twitter, declared that Alabama would not have a direct vote-by-mail option to provide citizens with a safe, secure alternative to voting in person in the middle of a pandemic. 

Merrill then followed that up with an appearance on CNN — an appearance he is apparently proud of since he’s retweeted a clip of the interview about a dozen times over the last two days — in which he bemoaned the clear and present danger that mail-in voting clearly brings. 

And how does he know that voting by mail will increase fraud in elections? Because in Alabama, there has been voter fraud and 83 percent of the fraud committed has been absentee ballot fraud. 

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Case closed. 

Well, except for a couple of minor points. 

First, 83 percent of what number? 

Six. Yes, Merrill’s 83 percent figure that he cited to support his position that mail-in voting is unsafe was reference to the 5 out of 6 convictions in voter fraud cases over the past eight years. (It’s likely that there have been just six convictions — out of millions of ballots cast — over the last 12 years, but searching for specific charges in Alabama’s online court filing system is nearly impossible.)

That’s right, Alabama has experienced a grand total of six voter fraud convictions over the past eight years. And five of those convictions were for tampering with absentee ballots. 

However, it’s worth noting that not a single conviction involved votes in a statewide or legislative race. Four of them stemmed from the same incident in which workers rigged a city commission race in Dothan. 

That’s probably because you can’t commit enough fraud to alter the outcome of such a race. You can’t have more votes than registered voters, and you can only steal so many ballots before someone catches on. 

Regardless, six is the number of fraud cases Merrill was leaning on to justify his decision to not simply mail out absentee ballot applications to all registered voters. 

And here’s the second point that undermines this ridiculous argument: If absentee ballot fraud is so much of a problem that we can’t allow mailed ballots in a pandemic, then why hasn’t the Republican-dominated Alabama Legislature passed a single law to restrict absentee ballot access or make them more secure? 

The legislature certainly hasn’t been shy about passing voter ID laws to address in-person voter fraud. That type of fraud occurs at roughly .0000013 percent. In Alabama specifically, we’ve had one conviction for in-person fraud in the past 20-plus years. 

Still, the Alabama Legislature pushed through an absurd voter ID law a few years ago, requiring specific forms of government-issued photo IDs. 

But for the fraud that is so widespread that we’re prepared to ask people to risk their lives, nothing. 

Not a single bill. Not a single law. Not even a discussion of a bill. 

So weird. Mail-in fraud is so worrisome that we can’t risk even sending voters an absentee ballot application unless they ask for it, but not so worrisome that state lawmakers will do anything at all to address it. 

If I didn’t know better, I might think the Republicans running this state are really happy with some people voting by mail and scared to death of mail-in voting making it easy for massive numbers of Alabamians to cast votes. 

Making this whole matter even more absurd is the “fix” that Merrill and state leaders have come up with to address the concerns of people who don’t want to risk COVID-19 infection by voting in person: Lie. 

Alabama has included a new reason on applications requesting an absentee ballot. Voters can now select that they are “ill or infirmed” and unable to appear at the ballot box. Merrill, along with Gov. Kay Ivey, has instructed anyone who fears standing in line at a polling location during a pandemic to simply check that box. You don’t have to be ill or infirmed to do so. 

Swell. 

Merrill loves to repeat the line you’re entitled to your own opinion but not your own facts, and he should live by that now. Because the facts are decidedly against him on this. 

There is no evidence that mail-in voting is more susceptible to fraud. There is no evidence that the absentee ballot system in this state has been subjected to widespread fraud. The only fraud Merrill can cite are six cases from small-town races, where the people involved had access to multiple ballots because of their employment. 

In truth, there’s only one reason mail-in voting won’t be an option here: The more people who vote, the fewer Republicans get elected.

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Opinion | It should be clear by now: Kaepernick was right

Josh Moon

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A lot of people owe Colin Kaepernick an apology. 

If nothing else, surely the last few weeks of horrible, horrible racial incidents have left even the most adamant Kap haters reconsidering their positions.

Maybe, just maybe, they’re thinking the man has a point: That justice in this country isn’t color blind.

And that the promises of justice and equality, represented by the United States flag and anthem, often fall well short for black men in this country. 

Then again, if you didn’t understand before now, there’s a good chance that watching ANOTHER black man be choked to death in broad daylight on an American street by a police officer — as three other police officers defended him — then you’re probably not inclined to understand now. 

George Floyd, the man we’ve all now witnessed dying on a Minneapolis street, as he begged a cop to let him breathe, did not deserve to die. Hell, he didn’t even deserve to be handcuffed and tossed down on the street, much less to have a cop put his knee on his throat until he died. 

A store thought Floyd was forging a check. A person at the store called the cops. And a few minutes later Floyd was dead. 

This, in a nutshell, is why Kaepernick began his protest several years ago. Why he sacrificed his NFL career. Why he has endured the death threats and vitriol. 

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Because these sorts of awful acts are far too common for black men in America. The prevalence of the cell phone camera has made that abundantly clear over the last several years. 

It’s hard to imagine how many of these incidents were swept under the rug in years past. Especially after the actions of other cops, district attorneys and judges to protect the dirtiest of cops have also been exposed. 

That sad fact was highlighted in the Ahmaud Arbery shooting in Georgia in February. Even with video evidence, it took a new DA and the Georgia Bureau of Investigation becoming involved before the two men who hunted Arbery down were arrested. 

All because one of the men was a retired investigator who worked for the DA’s office. 

Because why mess up the life of a white man simply for shooting one black man who might have done something at some time? 

But the deck stacking won’t stop with the arrest. 

If the murder of Greg Gunn in Montgomery back in 2016 taught us anything, it’s that the entire system is rigged to ensure the bad cops never face full justice for their crimes. 

After Gunn, who was walking home after a poker game in his neighborhood, was murdered steps from his own front porch by a white cop who thought he looked suspicious, the cop was — to the shock of almost everyone — arrested within a week and before a grand jury could rule. 

Other cops — even ones who privately admitted to me that the cop, Aaron Smith, was in the wrong — pitched one hell of a hissy fit when the arrest warrant was issued. They threatened a walk-out. They showed up to sit in the courtroom during one of Smith’s early hearings. The mayor of the city vowed to keep Smith on the payroll. 

And then the real shenanigans started. 

Judges started to bail on the case — eight in all. The Alabama Supreme Court issued an unprecedented ruling that removed a black judge from the case. The appointed judge moved the trial from 70-percent-black Montgomery to 70-percent-white Dale County. 

After all of that, and even with Smith admitting to investigators that he never had probable cause to stop, chase or shoot Gunn, the best prosecutors could do was a manslaughter conviction. 

And in one final slap to the faces of Gunn’s family, Smith was released on bond while he appeals his conviction. He’s out today, having served only a few weeks to this point for a murder committed more than four years ago. 

This is the system that black Americans must traverse in this country. One that leaves black parents rightfully concerned that the men and women all of us white people call for protection might just be the executioners of their children. 

The rights guaranteed to us in the Constitution are not based on skin color. But too often, the protection of those rights by cops, DAs and judges is. 

That’s not right. And all of us should be willing to say so. 

And maybe admit that Kaepernick had a point.

 

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Josh Moon

Opinion | Gov. Kay Ivey moved the football again

Josh Moon

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I understand how Charlie Brown must have felt. 

The disappointment and surprise when Lucy moved that football one more time. The betrayal. The embarrassment. The anger. 

I know those feelings, because far too often I’ve experienced them with Alabama politicians. I want so badly to believe that our elected lawmakers are good and smart people who care about the citizens of the state. That they’re not money-grubbing, selfish dolts who will sell us all out for a nickel and new socks. That they will lean on science and facts when crafting policy and ignore the noise from the ignorant minority screaming the loudest. 

And so, far too often, I believe in someone who I know, deep down, is just going to let me down. Who’s going to move that football at the last minute. 

On Thursday, it was Gov. Kay Ivey moving the football. 

It seems like only last month that I was writing a column praising Ivey for her sound judgment and decision-making. That’s because it was last month when Ivey ignored the screaming crazies calling for a “reopening” of Alabama in the midst of a global pandemic that is, quite clearly, getting worse in this state. 

Ivey listened to real doctors. She leaned on facts. She had a cute comeback — “data over dates” — to shoot down any notion that a calendar day would carry more weight than the data showing infection and hospitalization rates. 

We had a governor making sound decisions rooted in public safety and health. She refused to budge on the matter and refused to let money outweigh the value of human life. 

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It was a great time to be alive in Alabama. 

And then, Kay Ivey moved the football. 

A week ago, after telling people that it would be data that determined when Alabama reopens, and that she would follow the White House guidelines for reopening, she did neither. Instead, she did exactly what she said she wouldn’t do — used a date to determine that it was time to lift restrictions. 

The lockdown had gone on too long, Ivey said, and it was time to lift it. 

She did so as positive cases were on the rise. And with absolutely no plan for comprehensive testing and tracing — the one thing that Ivey and all medical experts said we HAD to have before we could safely lift restrictions. 

Then, on Thursday, Ivey was back again to lift more restrictions — the day after the mayor of Montgomery told the world that his town and the surrounding three counties are out of ICU beds because of a massive outbreak of new cases. Hospitals in Montgomery are now transporting ICU patients to Birmingham. 

Still, there went Ivey, lifting restrictions to allow strip clubs and concert venues and casinos to reopen. Just in time for the Memorial Day weekend rush — a coincidence, no doubt. 

The reason for all of this is easy to understand. 

There is no plan to save people. 

The testing and tracing we were supposed to have — that would have allowed us to more safely reopen and go about our lives while the carriers of the virus and those exposed to those people are sequestered — have never materialized. And it is painfully obvious at this point that we will never have it. 

In addition, there is no true guidance from the White House, and what little has come from there, we’ve mostly ignored. We’re supposed to have at least seven straight days of reduced positive cases. We don’t have one day. 

There’s also the Idiot Factor — the groups of crazy people screaming about tyranny and government overreach because they have to put on a mask to shop at Publix. These are the same people who think strapping a bulletproof backpack on their kids to go to school instead of expanding background checks is simply the price of freedom. 

Add it all up, and it’s pretty easy to see what Ivey did: Tossed up her hands and said to hell with it, y’all be careful out there. 

And that’s disappointing. Because I believe the majority of Alabamians — and there are polls to back this up — were grateful for her measured approach and data-driven decisions. And I think most understand that there are ways to both reopen the economy and still keep in place restrictions that both limit the spread of the virus and impress upon people the danger it still poses. 

But we’re not doing that. Not anymore. 

Instead, we’re back to taking the easy way, back to catering to big business and rightwing crazies, back to ignoring science and data. 

The football was moved again.

 

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Josh Moon

Opinion | Alabama’s long-overdue prison bill

Josh Moon

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Although scientists haven’t yet confirmed it, there is a cure for COVID-19: Incarceration in an Alabama prison. 

It’s amazing, really. 

If you work in the prisons or visit an Alabama prison, you get the coronavirus. If you’re an inmate who leaves an Alabama prison for a short period of time, you also get the virus. 

But inside those walls … you’re as safe as a baby. 

According to APR’s Eddie Burkhalter, who has covered Alabama’s atrocious prisons better than anyone in the state over the last several months, Alabama Department of Corrections officials contend that there is just one — ONE! — prisoner in the entire ADOC prison population who currently has COVID-19. 

Out of more than 22,000 prisoners. 

There have been nine prisoners to test positive for the virus over the last few months. All of them tested positive at medical facilities outside of the prisons while they were undergoing other treatments. 

There are 36 confirmed cases of prison workers testing positive. 

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But still just the one inmate. 

A major medical miracle. We should alert Fauci and Birx.

On the other hand, maybe it’s simply one more case of Alabama treating its prison population as though the men and women inside those walls are something less than human. Hell, something less than mammals. 

Actually, there’s no maybe about it. That’s definitely what’s happening. 

We’re not testing inmates, so, tah-dah, no inmates are sick. Even when we know from inmates and guards and prison staff that inmates are most definitely sick. And that many of our prisons have now established quarantine areas where dozens of prisoners are being housed, away from the general populations. 

But we’re not testing them. Or providing them much treatment. 

A few days ago, a woman at a Birmingham-area prison work facility was essentially left to die in a stairwell, according to another prisoner, because guards and staff were too afraid to help her get to the medical clinic upstairs. The reason they were afraid was because the prisoner, Colony Wilson, had exhibited symptoms of COVID-19. 

She died gasping for air. As several people stood over her and around her, doing nothing. 

It is the latest in an ongoing string of horrible, terrifying, unconscionable incidents within Alabama’s prisons, most of which have resulted in the deaths of dozens of inmates over the last few years. 

Because Alabama prisons are hell on earth. 

And that is not an opinion. It is a fact confirmed by anyone who has ever spent time in, worked in, toured or investigated incidents that have occurred in those prisons. Justice Department investigators agree. A federal judge agrees. 

Our prisons are poorly staffed, poorly funded and poorly maintained, and our inmates are poorly guarded, poorly fed and poorly treated for ailments. And no one cares. 

But you will. 

Mark my words, we will pay for our treatment of Alabama prisoners — all of us will. I know this because it is one of the few guarantees of life: You cannot dismiss and mistreat groups of human beings for decades on end and not pay a price for your sins. 

We have a big bill coming due. 

And I guarantee you one other thing: That bill would have been much smaller, much more easily managed had we simply done the right things from the start. 

Had we properly staffed the prisons with guards who weren’t paid so little that smuggling contraband was the only way to pay their bills. Had we provided inmates with actual tools to rehabilitate themselves. Had we treated their medical ailments properly. Had we shown a genuine interest in their contributions to society. 

We had an opportunity to show a group of mostly young men that the love and direction most of their early lives did exist. We could have proven to them that there are people who care about them, who understand that every life — even the ones outside of the womb and encased in non-white skin — are precious. 

But we didn’t. And those people found refuge with other wayward men and women — in violent gangs and prison cliques. They found an income selling drugs and selling humans and doing all the bad things that people buy all those guns to stop. 

And we pretended like it didn’t exist. Like they didn’t exist. 

So, maybe it shouldn’t be a surprise that we’re just not testing inmates for a deadly virus. It would fit the pattern of ADOC and this state in dealing with our prisoners. 

But know this: the manner in which a state houses and cares for its worst people is the truest measure of the heart of the people leading that state.

Alabama’s heart stopped beating long ago.

 

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