The video of State Attorney Aramis Ayala being stopped by police has gone viral.
This shouldn’t be surprising: Ayala is the first African-American state attorney in Florida, and she is experiencing heightened scrutiny for her stance on the death penalty. Ayala is currently in a legal battle with Florida’s governor who, after she made her stance public, reassigned close to two dozen of her death-penalty-eligible homicide cases to another state attorney.
As we reflect on the meaning of Independence Day, I can’t help but shake the feeling that true independence is not reflected in the landscape of America. As we think about the struggle to remove Confederate monuments throughout the South, and the backlash that has been received, we are reminded of the importance of history (whether it is truthful or revised). The mayor of New Orleans, Mitch Landrieu, gave an impassioned speech as to why the Confederate monuments needed to come down.
The historic record is clear: the Robert E. Lee, Jefferson Davis, and P.G.T. Beauregard statues were not erected just to honor these men, but as part of the movement which became known as The Cult of the Lost Cause. This ‘cult’ had one goal — through monuments and through other means — to rewrite history to hide the truth, whichis that the Confederacy was on the wrong side of humanity. First erected over 166 years after the founding of our city and 19 years after the end of the Civil War, the monuments that we took down were meant to rebrand the history of our city and the ideals of a defeated Confederacy.
It is self-evident that these men did not fight for the United States of America, They fought against it. They may have been warriors, but in this cause they were not patriots.
These statues are not just stone and metal. They are not just innocent remembrances of a benign history. These monuments purposefully celebrate a fictional, sanitized Confederacy; ignoring the death, ignoring the enslavement, and the terror that it actually stood for.
And let’s not even touch the fact that the Confederacy was a bunch of traitors; they separated from the United States over slavery and the economic windfall they received from subjugating human beings. Every time a Confederate flag flies, it is not a sign of rebellion; it’s the sign of a traitor.
Sure the South came back. But the Confederacy is like a spouse who cheated. The couple may work out their differences, but it doesn’t erase the betrayal.
What made me start to think about this topic was a thread on Twitter by an activist of color named Samuel Sinyangwe. He had gone to Barbados for the first time and saw a monument named Bussa (aka the Emancipation Statue). It’s a beautiful, impressive and important statue celebrating a slave who led the largest rebellion against slavery in Barbados back in 1816. It is prominently featured in the center of the city. He is considered a national hero. Samuel mentioned he had never seen anything like that before, and certainly not in the United States. As a result of this comment, folks from around the Caribbean (including Cuba) shared their country’s monuments to the brave slaves who fought for independence. See the photos here.
So if Confederate history is so important that the fight to keep their monuments stretches all the way to the halls of Congress, why aren’t there monuments to the great slaves who fought for their independence, their freedom, and their humanity? What about a beautiful bust of Harriet Tubman, Nat Turner or Sojourner Truth? Or how about this — for every Confederate statue, build a monument to a hero of the Civil War (both soldier and slave)?
We do have a statute of Dr. Martin Luther King, Jr. in Washington, D.C. While that is all well and good, that pales in comparison to the many who gave their lives very early in the struggle, paving the way for Dr. King to also give his life for independence and equality.
What does this fight tell our children? What does this debate tell people of color?
I leave you with this thought on Independence Day. Independence Day to me represents opportunity. It represents the chance to keep fighting, to keep pushing for equality. But I also use it as a day of reflection — looking at how far we’ve come, but how far we yet have to go.
The reason given was that my license plate cover was too dark. I never thought it was, nor had I been warned for this previously.
In the past, I had my prosecutor’s badge to protect me — not anymore.
I’m the number two in the state for the most powerful civil liberties organization – the ACLU.
And I felt fear.
I placed my hands over the steering wheel, in full view of the officer. When he asked for my registration, I made sure to move slowly, with my hands continuously in full view.
He commented on my sports car, and my President Obama pin hanging from my rear view mirror. He also commented on my novelty license plate. My plate can be construed in several ways — commonly it is thought to support Black Lives Matter. In truth, the plate is a combination of mine and my husband’s initials. I don’t correct people, because I support intelligent policing. I always liked the double entendre.
Last week, when I was coming back from the ACLU staff conference in Phoenix, I had another disturbing encounter with TSA regarding my hair. For those of you that have seen my social media posts or know me, you know that I am on the road constantly. I’m steady racking up those frequent flyer miles. So it was a little surprising to me when I was randomly selected for a search. I went through the machine, joking with the TSA agent as to why I never get randomly selected to get $20 million. He responded “I’d even take $10,000”. We chuckled and I continued through the machine. A different agent told me I needed to wait for a female scanner to pat me down. I waited patiently.
Back in 2011, TSA was under fire for racially profiling women of color. I have gone through security many times; anytime I was pulled out of the line it was to do an inspection of my hair.
My hair is not a threat. I’m waiting to hear one story of a woman of color who smuggled a weapon in her hair.
All that comes to mind is the clip from the original blaxploitation movie from 1974 Foxy Brown, where the amazing Pam Grier in the lead role concealed a gun in her Afro to avenge her man’s killer.
But that is never happened in real life or at airport as far as I have been able to tell.
I know that we have made so many high tech advances; how come agents can’t scan and see that there’s no metal or weapon in my hair? I just find it more than a little annoying that my hair is perceived as a threat. Don’t get me wrong, I am all about safety and security. But there also needs to be a reasonable basis for a search, not just having different hair to perceived norms. If there has been no precedent for it, then what’s the issue?
At this juncture, I am not going to file a complaint. I’m more annoyed than aggrieved. But I will start documenting this issue to see if there is a pattern (area of the country, time of day, etc). So my fellow ladies with locs, we’re going to be have to be vigilant on this issue. Because profiling is never ok.
Please check out information from the ACLU about your rights at the airport.
Has anyone else experienced or witnessed this? Please share!
Yesterday, Florida Governor Rick Scott overstepped his boundaries by removing Florida 9th Judicial Circuit State Attorney Aramis Ayala from handling the Markeith Loyd murder case for her refusal to seek the death penalty. The defendant has been charged with the Orlando murders of his pregnant ex-girlfriend Sade Dixon, and Orlando Police Lieutenant Debra Clayton.
State Attorney Ayala explained her decision, stating that she was no longer seeking the death penalty in any of her cases, because “Florida’s death penalty has been the cause of considerable legal chaos, uncertainty and turmoil.” She further said capital punishment often leads to years of appeals and other court hearings, and that it costs more than a life sentence. Florida law gives every state attorney the discretion on whether or not to seek the death penalty.
Ms. Ayala holds the distinction of being the first African American state attorney in the state of Florida. Elected in November 2016, she assumed office at the beginning of this year. In her short time in office, she now also holds the distinction of being the only prosecutor removed in this fashion by this governor.
I was recently interviewed by Fusion on my path to becoming a senior African American prosecutor. In examining the criminal justice system as a whole, it is extremely important that all of the actors (judges, police, defense attorneys and prosecutors) reflect the community they serve. The article revealed some disturbing statistics; in addition to the previously reported statistic by the Women’s Donor Network that 95% of elected prosecutors are white men, Fusion found:
In counties in the U.S. where people of color represent between 50% and 60% of the population, only 19% of prosecutors are prosecutors of color.
In counties where people of color represent between 80% and 90% percent of the population, only 53% of the prosecutors are prosecutors of color.
Only in places where 90% of the population are people of color does the prosecutor pool reflect the diversity of the community.
Overall, in the 276 counties in the U.S. where people of color represent the majority of the population, only 42%, or less than half, of the prosecutors in these counties are prosecutors of color.
This is why I am tireless in my efforts to bring more people of color into the career of prosecution.
Melba Pearson, a past president of the National Black Prosecutors Association (NBPA), is a woman of color and an assistant state attorney in Miami. She didn’t fully realize how powerful the role of prosecutor was until she became one — somewhat by chance.
Growing up, Pearson was pressed by her father to study the civil rights movement. He noted that heroes like Martin Luther King, Jr. were able to accomplish their work partly because “they had amazing defense attorneys to get them out of jail,” she said. “That’s something really ingrained in me since I was young.”
My latest vlog post on the recent police shootings, and the continuing controversy surrounding Colin Kaepernick’s protest of the National Anthem. References to the incidents I discuss in this vlog are below; please leave your comments!
I’m starting a #TBT (aka Throwback Thursday) series to share past posts that are relevant today. It was pretty crazy to realize I have shared 175 posts in the last 3 years on The Resident Legal Diva. The recurring themes of race, criminal justice, and living together as Americans are close to my heart.
So in light of my piece on Colin Kaepernick, and the debates we are having as a result of his actions as well as the elections, please take a look at my multi part series from 2014 “Knowledge Trumps Racism“. More importantly, I’ll start you at the end of the series, written on MLK day of 2015, which talks about standing up for what you believe in.
A historic Harlem and American landmark is in danger due to gentrification. African American poet Langston Hughes’ home is in danger of being sold to developers. Several media outlets released the story this week, including Essence, News One and CNN. The effort to save this historic building is being led by local artists Renee Watson and the I, Too Collective. The current owner of the space, while wishing to sell, does not want to see the home fall prey to the gentrification trend that has been occurring in Harlem — turning beautiful old spaces into coffee shops and high priced condos. The artists wish to turn the home into an art and performance space, letting Hughes inspire yet another generation of creatives.They are working on raising $150,000 to rent the space via an internet campaign on Indiegogo.
Langston Hughes (1902-1967) was a pioneering poet, playwright and writer, who was active during the Harlem Renaissance. He was the voice of the average African American at the time, using his pen to record pain and injustice. Hughes’ work was written for the average person, not just for the elite. He promoted young writers and poets, giving many generations a voice as well as an outlet for their creativity. You may learn more about him through a great piece by the Bio Channel.
One poem of his that I find timeless and inspiring is “I Look at the World”
Even though his Harlem residence was given landmark status, the residence is still up for sale.
What is distressing to me is what is happening to Harlem in general.
Harlem to me as a New Yorker was the Apollo Theatre, a great place to get my hair done, to get African fabrics and hair supplies off of 125th. It’s the mecca for African American history in the North, which is where I hail from.
I knew it was bad when I went during Thanksgiving of 2012. My husband and I were meeting friends at an African restaurant in Harlem – and I noticed on my phone that the area was being referred to as “Manhattan Valley”
I said what the H? That area is straight up Harlem, why are folks renaming it?
There is only one reason – re-branding, and making the area more attractive to buyers. In the process, erase the rich history of the Cotton Club, Apollo Theater, and Frederick Douglass Blvd, and make it something completely new.
A recent New York Times article detailed what I was seeing in my last trip to Harlem in 2012 — historic sites were being demolished, and long time residents were being pushed out for the sake of “progress”.
It’s insulting and upsetting.
Progress need not come with the destruction of history.
The same way we save Abraham Lincoln’s home and other treasures of American History, we must save Harlem and what made it critical to our cultural growth as a nation.
We need to save our history, because Black History is intertwined with American history.
I donated to the Indiegogo campaign — if you want to preserve American history, please do so by donating here!
May I have your attention please? May I have your attention please? Will the real Slim Shady please stand up? I repeat will the real Slim Shady please stand up? We’re going to have a problem here
Lyrics from “The Real Slim Shady” by Eminem
Will the real swimshady please stand up?
Although the lights have dimmed and the closing ceremonies have finished, the amazing accomplishments by the athletes in the last week have been overshadowed by a drama of Olympic sized proportions.
Ryan Lochte and three other swimmers, spun a tale of robbery in Rio which turned out to be completely false. However, the reactions of some on social media call into question where we are as a country.
Let’s put this in context. During the week, Olympic gymnast Gabby Douglas didn’t raise her hand to her heart during the National Anthem after she received her team gold medal in gymnastics.
No one was harmed. No property was harmed. No lies were told. She apologized for her actions.
Yet her actions were scrutinized to the point of sickness. The “we gave you a chance” narrative became front and center on social media, and she was accused of being “ungrateful”.
Hello, she earned it!! No one “gives” you a place in sports. You have to shed blood, sweat and tears to get a spot. Gabby gave up everything she knew — her town, her family and her time — to qualify for the US Olympic team.
By comparison, Ryan Lochte made the similar sacrifices and won gold. Yet he lied and entered into conduct unbecoming of an athlete. In a drunken episode with his friends, he urinated on the side of a gas station, and trashed a door. He then told the media and Brazilian law enforcement that he was robbed at gunpoint, even going so far as to say the gunman put the firearm to his temple.
If you look at the surveillance video from the night in question, it is clear that he and his companions are intoxicated. They did not even return to the correct taxicab after vandalizing the gas station property. A man comes up to the cab, and it appears that he orders them to get out. They exit, with wallets out, as if to compensate for the damages.
He has since issued an apology, in which he still paints himself as a victim because he was held at gunpoint after committing a crime.
Whelp, that’s kind of what happens when you get arrested or detained.
Lochte urinated on Brazil literally and figuratively. He destroyed property and lied about it, assuming that everyone would believe his tale of being a victim of violence in a beleaguered 3rd world country. Purportedly this story broke because he told his mother a lie, his mother called the media out of fear/concern, and he continued the lie when asked by authorities in Brazil.
As a grown man, he should have known how his mother would have reacted. There are stories that my mother went to her grave not knowing about my escapades, simply because I knew that she would panic or react in a certain way. If Lochte had exercised this discernment, he would not have had this problem.
Even if he decided to lie to his mother, when asked by Brazilian authorities, he could have told them that this was a family misunderstanding, no robbery occurred, and end it there. He did not. To be clear, he was sober at this juncture. This is another moment of poor judgement.
All of these moments of poor judgement add up to a criminal offense (as often happens).
His lapse of judgement is treated by some as a harmless “boys will be boys” prank. Most boys don’t commit crime. And FYI at 32, Lochte is not a boy. His criminal actions threaten to overshadow all of the amazing work that Team USA has done at the Olympics in Rio. Granted, there is an argument to be made that it is not the worst Olympic scandal in history (Tonya Harding and Nancy Kerrigan come to mind), but it is pretty close.
In the United States, falsifying a police report is a misdemeanor in most states, subject to a fine or a short jail sentence of less than a year. It is a crime in Brazil as well, likely subject to similar penalties.
What disturbs me is the vitriol Gabby Douglas endured as a result of her actions, while there is a willingness to look past Lochte’s criminal behavior. There have been some interesting articles on this that I would like to share, by Emma Gray at the Huffington Post, and one by Charise Frazier at NewsOne.