Connect with us

Guest Columnists

Opinion | Remembering Alabama’s first sit-in demonstration

Derryn Moten

Published

on

On February 25, 1960, approximately 32 Alabama State College students staged the state’s first sit-in demonstration when a number of them occupied the cafeteria at the Montgomery County Courthouse for one hour.  For their insurgence, the Alabama State Board of Education expelled nine sit-in participants and placed twenty others on probation.  Six of the nine subsequently sued the College and State for violation of their due process rights in St. John Dixon v. The Alabama State Board of Education,186 F.Supp 945; 294 F. 2d 150 (1960).  This case was argued by Fred Gray, Sr. with the assistance of attorneys from the NAACP Legal Defense and Education Fund.  Federal Judge Frank M. Johnson, Jr. heard the case and ruled in favor of the State.  Johnson’s ruling was overturned by the Fifth Circuit Court of Appeals.  St. John Dixon is now regarded as a landmark decision.

This month, Alabama State University is having a conference to commemorate the 60th Anniversary of the Montgomery County Courthouse sit-in.  But the conference will also focus on the aftermath of that student protest such as the purging of so-called disloyal faculty members.  On Monday, February 24, 2020, Attorney Fred Gray, Sr. will give the keynote that morning, and in the afternoon, the conference will feature the five living participants from the 1960 sit-in; namely, Mr. Joseph Peterson, Mr. Cornelius Benson, Mr. James McFadden, Dr. Joe Reed, and Mr. St. John Dixon.  The latter sought admission to San Jose State College in his home state of California, but the College denied his admission because Dixon was “dishonorably expelled” from Alabama State College.  Rumor had it that the presidents of California’s public colleges made a secret pact to not admit any Black student expelled from a school in the South for a sit-in demonstration.

On Wednesday morning, February 26, 2020, the conference will hear from a panel on the need for the State to reconcile this history.  This panel will have Dr. Eric Mackey, Alabama State Superintendent of Education, Steven Reed, Mayor of Montgomery, Elton Dean, Sr., Chairman of the Montgomery County Commission, Nichelle Nix, Office of Governor Kay Ivey, an administrator of Alabama State University, and Fr. Manuel Williams, Resurrection Catholic Church.

Gov. John Patterson ordered the expulsion of the nine Alabama State College students without a hearing.  And while the State Board of Education expressed contrition for its decision in March 1960, Gov. John Patterson has not, nor has any subsequent Alabama governor.  As Dr. King opined at Holt Street Baptist Church on December 5,1955, “The hallmark of the Constitution is the right to protest for rights.”

Or, as the “Statement by the Students of Alabama State College After Nine Students were expelled…” asked, ‘Are we being punished because we believe in the Declaration of Independence … and the U. S. Supreme Court declaration that all men…should have equal rights and full and free access to public services?  If we are punished because of these beliefs, then we are guilty, for we do believe in democracy, justice and equality.  Our textbooks have taught us this.  Our education has prepared us for citizenship. If we are not allowed to function as citizens, then it is right to expel us from school…’

 

Advertisement
Advertisement

Education

Opinion | Praise The Lord. Woodland Prep gets bad news from charter commission

Larry Lee

Published

on

Finally.  Thankfully.  Mercifully.

The colossal mishmash of an attempt to open a charter school in Washington County has now been taken off of life support and left to flop, flounder and gasp its last breath by the state Charter School Commission.

The application to open Woodland Prep was approved in May 2018 by the commission on a vote of 7-2.  It is noteworthy that of the seven YEA votes, only two of these commission members remain.

(The commission has 10 members.  Four nominated by the governor, three by the speaker of the house, one by the lt. governor and two by the senate majority leader.  Six of these members have taken office since last May, no doubt in part to the on-going controversy created by Woodland Prep.)

Then the charter asked for a one-year extension on June 7, 2019 stating more time was needed for construction and permitting.  This was granted on a vote of 5-1.

At that time the contractor said the school would be ready for tours in January 2020.

However, instead of meeting this time line, Woodland Prep asked the charter commission at their Feb. 3, 2020 meeting for another building extension.  This was apparently the straw that broke the camel’s back and the commission balked.

Advertisement

In a near-unanimous vote, the commission not only voted down the extension request, they also approved a motion to proceed with the paperwork to revoke Woodland Pre’s charter application.  The charter will be given 30 days to respond to the commission and the commission will then react to this response.

Advertisement
Advertisement

It was clear the commission has run out of patience with the charter and their endless excuses for why there has been so little progress on completing the facility and enrolling students.

This frustration was strongly expressed by commissioner Paul Morin of Birmingham who explained that since the Woodland Prep application was first approved in May 2018, the state highway department closed a major intersection in Birmingham where I-59/s0 and I-65 join and totally rebuilt it and re-opened for traffic.  “And ya’ll can’t build a small school building in the same time?” he asked.

As we’ve documented here countless times, this has been a sordid mess from day one.  The charter law has been ignored, due diligence has often been woeful, information has been either sketchy or simply withheld, the truth has been badly warped and the Washington County public school system has been left to left to wonder for too many months what future budgets will look like.

It has proven beyond a doubt that Alabama’s charter school law is flawed and needs serious re-tooling.

I titled one of my first posts (April 10, 2019) about all of this, The Rape of Washington County.  That is still an appropriate description of what unfolded in the very rural county of only 17,000 people.  No citizen of this state deserves to be treated as second-class.  But that is what happened for months and months and months.

Fortunately, a small band of dedicated people in the county simply refused to go quietly into the night.  They were tenacious in their efforts to expose wrong doing and make sure people in Montgomery knew about it.  Without their hard work and perseverance, it is unlikely this story would have ended this way.

And educators all over the state, most especially those in rural areas, owe them all a debt of gratitude.  They have proven that you can indeed fight city hall–and win.  Time and time again they have told me that they do not oppose charter schools where they are needed and will strengthen local education options.

However, this was never the case in Washington County. Thankfully, some folks in Montgomery were finally convinced they were right.

 

Continue Reading

Guest Columnists

Opinion | Trump’s squeaky wheel doctrine

John W. Giles

Published

on

There is an old saying; the squeaky wheel gets the oil.  Over the years, groups wanting to affect change have learned, making a lot of noise, grabbing headlines, burning up the phone lines and blowing it out on social media is an effective tool.  Most elected officials have a knee jerked response when staffers are pulling their hair out, noise levels soaring, buzzing in the halls, reporters hounding for quotes, rallies, opposing news conferences, marches and having your daily ram memory consumed processing the squeaky wheel ultimately causing some to fold under pressure.  This noise we are discussing can all be divided between two groups and found constitutional in the First Amendment, let’s talk about it.

The First Amendment of the U.S. Construction:  Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.  Grassroots citizens groups, regardless of their issues or political persuasions have a constructional right “for freedom of speech, to peaceably assemble, and to petition the Government for a redress of grievances.”  These groups as long as they have legal permits, can peacefully assemble for rallies, marches, demonstrations, make phone calls, visiting their elected official and openly state their position.  The media as well has a right to free speech, whether their coverage is true, false or altered.  Citizens and the media can let off steam around the clock until they run out of steam or affect change.

Working for two Republican Governors and running a public policy group, I have been on both sides of these rights. Over the years we have had some very fiery aggressive, well organized groups petition the Governor’s Office over a cadre of issues.  If they are for you, that is always great, but when they oppose you it can be very trying.  Some groups have the capacity to light up the switch board all day for several days, fills the halls at the capitol with people wanting to see the Governor and sometimes chanting so loud on century’s old marble floors and bouncing off hard plaster walls.  The media as well can pile on with around the clock coverage pounding on either side of an issue hoping to crack the wall.  This defines us as America, where we should be able to legally express without retaliation from those elected.  So this friends is my description of the squeaky wheel, is it always effective?  

Candidates running for office usually turn up the volume on issues with passion on the campaign trail, particularly in audience friendly gatherings during the primary election cycles.  Once elected and being sworn in, their volume and passion on these issues can be turned down and sometimes muted, when met head to head with well-organized opponents who in some cases can slow the fast moving train down to a halt.  This is where I hope and pray that sitting and the newly elected will go to school on the Trump’s Squeaky Wheel Doctrine.”  

Personally, I can be identified as an economic, social, moral and constitutional conservative.  President Trump has represented in stellar fashion the issues that mean the most to me and my family.  Protecting the unborn, defunding Planned Parenthood, preserving traditional marriage, strong military, protecting the 2nd amendment, lowering taxes, stewardship of taxpayer funds, fixing illegal immigration, building the wall, prosecuting criminals instead of honest policemen, balancing our trade deficit, appointing constitutional originalist strict constructionist to the federal bench, reducing burdensome regulations on business, ramping up domestic oil production, taking care of our veterans and so much more are the passions dearly treasured by our family.  Trump has championed these causes and so much more in the face of overwhelming opposition, never ending media blatant fabrications, pounding from the left and without blinking, our General Patton advanced the ground forces full speed ahead.  The loud squeaky wheel did not ultimately handicap his ability to deliver.

Focused, determined to keep his promises, unflinching, fearless, brave and results driven, our President brings to life the old Civil War Battle Hymn of the Republic lyrics: Mine eyes have seen the glory of the coming of the Lord; He is trampling out the vintage where the grapes of wrath are stored; He hath loosed the fateful lightning of His terrible swift sword; His truth is marching on.”  Truth and facts are on our side and in this hour,marching forward to victory.

So, what happens to the squeaky wheel when you ignore it and don’t feverishly panic in knee jerk fashion, squirting oil into the bearing, metal will grind on metal and it comes to a screeching halt!  Starve the squeaky wheel and it comes to a grinding halt.

Advertisement

Trump’s face is fixed in the wind like a flint.  Isaiah chapter 50 verse 17 says:  “For the Lord GOD will help me; therefore shall I not be confounded: therefore have I set my face like a flint, and I know that I shall not be ashamed.”  

Advertisement
Advertisement

My fellow Republicans, ignore the loud clamoring media, Nancy, Adam, Jerry, Maxine and Chuck, follow the facts and this President, starve the squeaky wheel and we will be singing the hymn together,   Glory! Glory! Hallelujah! His truth is marching on.

Trump’s Squeaky Wheel Doctrine,” works.

 

Continue Reading

Guest Columnists

Opinion | Governor’s Study Group on Criminal Justice Policy yields positive recommendations

Avatar

Published

on

It should come as no surprise, that our state is in need of serious criminal justice reform. In July, Governor Kay Ivey established a Study Group on Criminal Justice Policy, and it has been an honor to serve as chair and her representative on her behalf as we seek solutions for the complex issues facing our state.

In the ensuing seven months, our Study Group has diligently pursued the task the governor set out before us – researching policies and programs the state of Alabama might implement to ensure the long‑term sustainability of our prison system without jeopardizing public safety.

We have heard from over thirty speakers—including a former inmate who told a heartbreaking, yet hopeful story of redemption; faith‑based and secular advocacy organizations who have relentlessly helped incarcerated people find new lives both behind and beyond the walls of prison; and government officials from every branch and level of government looking for holistic solutions to our state’s complex problems. Along with these various presentations, we have also received and reviewed almost nine‑hundred pages of submitted materials.

By the time our Study Group convened for its first meeting in July, Governor Ivey’s administration had already begun taking steps to address the long‑standing challenges facing our prison system. But the fact remains: these challenges are exceedingly complex. They run the gamut from more conventional issues, such as the elimination of contraband weapons and drugs, to more complex issues, such as recruiting and retaining staff and confronting factors that contribute to the size of the inmate population.

I acknowledge that I heard the views of nay-sayers who doubted the Study Group would bring forth significant and meaningful proposals for change.  However, due to the efforts of my colleagues, especially our very impressive legislative members from both sides of the aisle, this report will prove the doubters wrong as it sets forth significant answers to these concerns; it offers solutions that are not just possible, they are within our grasp. While my report outlines many recommendations, the broadest areas of consensus are in rehabilitation and reduction of recidivism. If our group succeeds in its mission in this area, the number of inmates coming back into the Alabama Department of Corrections (ADOC) facilities will be reduced, thus lowering the burden on the system, reducing costs to the taxpayers and increasing public safety.

Meaningful Examples¼

First and foremost, there is complete agreement that the Legislature should take a more active role in assisting ADOC in its mission to improve correctional facilities across the state. ADOC should report information to the Legislative Prison Oversight Committee; thereby allowing lawmakers to make informed decisions regarding policies that will help improve conditions within our state’s many facilities. This transparency, in combination with an increase to the ADOC budget to hire more officers and increase safety mechanisms for inmates and staff, including measures to interrupt the flow of contraband, will dramatically improve the state of our correctional institutions.

Advertisement

Bennet Wright, Executive Director of the Alabama Sentencing Commission, gave an insightful presentation to the group regarding the current demographics of the prison population, previous sentencing changes, and the complexities of sentencing laws in the state of Alabama. While proposals for sentencing changes will not effectuate a major drop in the prison population, they are rooted in prudence and fairness that can cause meaningful change.

Advertisement
Advertisement

For example, a formerly incarcerated man who now ministers to those in prison and out after release spoke at our December meeting about his experience as someone who was directly affected by the complexities within our criminal justice system. Through a now repealed statutory remedy he was able to have his sentenced reduced so he could return to society. Since his release he has led a ministry that helps inmates and those who have been released to find faith and regain a sense of purpose. Unfortunately, this remedy was repealed in 2015.  While its reinstatement may not affect a significant number of inmates, it is our belief that it should again be available.

As evidenced by my report, our group had the most enthusiastic consensus regarding support for rehabilitation and reducing recidivism. As an example, Ingram State Technical College, is the only college in the country that exclusively serves an incarcerated population, requires more funding to expand its much needed workforce training programs. Providing those who are incarcerated the ability to participate in training of skills and, in turn, matching them with a job is essential to ensure they are successful post‑release. 

A separate concern relates to the need to incentivize inmates with the possibility of an early release if they maintain good disciplinary records and complete job‑training courses and receive workforce certifications. Finally, our state must give statutory authority to ADOC so that it can provide identification to inmates upon release which will assist in a successful re‑entry.

We realize that these recommendations will not solve all of the longstanding challenges facing Alabama’s criminal justice system in one legislative session or one year. Nevertheless, I am confident that the work of my colleagues will stand as a great starting point to build on the Ivey Administration’s existing efforts and commit this State to a course of action that will ensure the long‑term sustainability of our prison system while also enhancing public safety.

The time for action is now.  We dare not abide by a status quo that risks the potential for costly and disruptive intervention by federal authorities.

Champ Lyons, Jr. is a former Associate Justice of the Alabama Supreme Court (1998‑2011).  He is a graduate of Harvard College and the University of Alabama School of Law.

Continue Reading

Guest Columnists

Opinion | Open letter Governor Ivey, Commissioner Dunn and the Alabama Legislature

Avatar

Published

on

The State of Alabama continues to pursue shortsighted, counterproductive solutions to the unprecedented crisis in Alabama prisons.

Today the Alabama Department of Corrections announced the partial closure of Holman Correctional Facility and the abrupt transfer of over 600 people who had been housed there. Neither their families nor their lawyers were notified ahead of ADOC’s press release. There is now no maximum security prison below Birmingham, meaning that family members living in south Alabama will have to travel hours to visit their loved ones.

Since its opening in 1969 as a maximum security prison and Alabama’s primary death row for men, Holman Prison has been a site of death and racialized violence in our state. Alabamians for Fair Justice celebrates the shuttering of such a place, while condemning the reckless and irresponsible manner in which the State of Alabama has made this decision.

To be clear, this choice will exacerbate already unacceptable levels of overcrowding and understaffing in ADOC – a system with 40 percent of required staff and 169percent overcrowding. It will almost certainly lead to more violence and death as people are sent to Donaldson – staffed at 35 percent  with 137 percent occupancy, St. Clair – staffed at 34 percent  with 92 percent  occupancy, and Limestone – staffed at 60 percent, with 132 percent overcrowding.

It is hard to imagine that Holman correctional officers currently based in Escambia County will be able to fill posts at these north Alabama prisons. Overcrowding at the remaining prisons will contribute to further understaffing, and together they will lead to more violence and death. Recent tragedies in Alabama and Mississippi prisons show that this is all but certain.

Prisons should be closed. But the reason to close prisons is because their occupants have been set free – not because they are to be sent back into the crucible of the nation’s most violent correctional system while state officials conspire to build more large prisons. The closure of south Alabama’s only maximum security prison on the heels of Commissioner Dunn’s insistence on building new prisons strongly suggests that ADOC is planning a new prison in south Alabama. But the ADOC’s reliance on construction will do nothing to cure its real ailments – pervasive understaffing, , staff corruption, rampant drugs,suicides and a culture of violence rather than rehabilitationAnd above all, too many people in its dangerous prisons.

It’s hard to imagine a scenario where any other government agency with such a bad track record would be given billions more to do more of what it’s done so poorly.

Advertisement

Today, as hundreds of families reckon with the knowledge that their loved ones are being sent across the state against their will, Alabamians for Fair Justice remembers the lives that have been lost at Holman – those who were killed by the state, and those who died as a result of its neglect and indifference. The names of those known to have died in the last year are listed below.

Advertisement
Advertisement

At the same time, we remember that incarcerated organizers with the Free Alabama Movement started a nationwide movement from behind Holman’s walls in 2016. We renew our call to include currently and formerly incarcerated advocates, family members, and other advocates in any task force addressing the ongoing prison crisis. We call on the House and Senate leadership to adopt meaningful legislative reforms to reduce the number of people in prison. We continue to demand that Alabama do better.

At least eight lives were lost at Holman between January 2019 to January 2020:

James McClain – died of unknown causes, January 22, 2020
Antonio Bell – died of unknown causes, January 9, 2020
Moses Robinson – died following an assault, December 31, 2019
Willie Leon Scott – died following an assault, December 6, 2019
Ricky Gilland – died of unknown causes, October 18, 2019
Christopher Lee Price – executed on May 30, 2019
Michael Samra – executed on May 16, 2019
Domineque Ray – executed on February 7, 2019

Continue Reading
Advertisement

Authors

Advertisement

The V Podcast

Facebook

Trending

.