Knowledge Trumps Racism (a multi-part series)

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I’ve stayed pretty quiet in recent weeks, absorbing all that has been going on. One thing is incredibly clear; education is needed on both sides. If we don’t know the rules that govern us, as well as our past, we are doomed for the future.  If we don’t understand each other, we are doomed period.

So here is Part 1 of my series entitled “Knowledge Trumps Racism” — because as Dr. Martin Luther King Jr said, knowledge is power.

I start from a historical perspective —  David Ovalle from the Miami Herald wrote a very thoughtful piece on the last time a police officer was indicted in Miami for a shooting death in the line of duty.  It was 25 years ago last Sunday, and left a long legacy.

In a city long torn by racial tension, a uniformed police officer fatally shot a black man. Days of upheaval and rioting riveted the nation.

A series of investigations scrutinized the officer’s use of deadly force. He claimed self-defense. Would the cop face criminal charges?

The case that exploded in Miami in 1989 still resonates today, echoing the murky, racially charged confrontation that has put a 24/7 media spotlight on the small Missouri town of Ferguson.

Twenty five years ago Sunday, after a trial that lives on in local legal lore, jurors convicted Miami Police Officer William Lozano for shooting and killing a motorcyclist. It was the last time any police officer in Florida was convicted for an on-duty shooting.

Read more here.

Is Helping the Homeless a Crime?

arnold abbottThe Bible tells us to love thy neighbor. Even if you don’t subscribe to a particular religious belief, most people have a basic need to help others.

Arnold Abbott has spent the last 23 years of his life doing just that. He runs an organization called “Love Thy Neighbor Fund”, which feeds the hungry in Ft. Lauderdale, Florida. The organization was created in the memory of his late wife; he dedicated his life to aiding the homeless upon his retirement from the jewelry business.

Last Wednesday, he was arrested and cited for doing what he and his volunteers had been doing on a regular basis.

Not only was that shocking…what made it worse was that he is 90 years old.

abbott citeedSo, one can imagine the media frenzy, as the police handcuffed this elderly man in his white coat, as well as his volunteers, and cited him for doing good works. The news went viral…even Jon Stewart weighed in on his show.

The Mayor of Ft. Lauderdale, Jack Seiler, had stated this was part of the enforcement of a new city ordinance. He further explained this past Sunday on WPLG Channel 10 South Florida’s This Week in South Florida the reasoning behind the ordinance.

Bottom line? Hygiene. The area in which Mr. Abbott conducted the feeding was near the actual beach. Mr. Abbott believes that the homeless has the right to eat their food while enjoying the natural beauty of South Florida’s beaches. Mayor Seiler states that under the ordinance, all feeding of the homeless needs to be done close to restroom facilities (standing or a portable toilets), and with other hygiene restrictions. Mr. Abbott states that he met all of those requirements….but the interesting compromise that came from that on air roundtable interview was that there would be no further issues if he moved his feedings to a local church.

Both gentlemen discussed the effect the feeding of the homeless had on the tourists. Mr. Abbott said that the tourists he encountered would commend him for his actions, and would often offer to assist (a request he quickly grants); Mayor Seiler states that the tourists are horrified and claim they would NOT return to Ft. Lauderdale Beach until this horrible homeless problem is solved.

And now, we have arrived at the true struggle between views on the homeless. “Oh how sad, yes I’ll donate, but don’t come near my car, stay away from me you stinky person, hide the problem from me so I can enjoy my vacation” vs. “There but for the grace of God/luck/a good family go I”.

There are so many misconceptions about the homeless. They did not all get there from alcoholism, drug addiction or some form of laziness/irresponsibility. In this latest economic downturn, it could be as simple as the unemployment benefits ran out and the person had nowhere to go. It could have been a terrible turn of life events, and the person did not have the friends/family support to get back on their feet.

And, on this Veteran’s Day, think about those wounded warriors who came back from war suffering from PTSD, and could not get back on their feet. Some of the homeless are veterans who volunteered, risked their lives for us in various wars, and we have forgotten them – abandoning them to live on the streets.

Yet, we subject those who assist the homeless to possible fines and jail time rather than working with those who have the passion for change to find real solutions.

There’s this lady called Karma. And she does not like to be trifled with.

To learn more about Arnold Abbott and his organization, see Love Thy Neighbor.

M.

Looking Back to Move Forward…

20140323-142740.jpgSo, as we wait for election results, there’s no better time than now to be reflective.  My blog, The Resident Legal Diva, has recently had its one year anniversary.  Ironically, I took on a 30 day Blogging 101 challenge…because why not? Nothing like a challenge to step up your game! In the next 30 days, you will see a lot of posts from me covering a variety of topics (which remain a mystery to me at this moment)!

The first assignment was to talk about my blog.  Why am I writing publicly instead of writing a personal journal? Who do I hope to connect with? What is the end goal a year from now? And what’s the story behind my tagline?

Whelp, let’s get started.

Why am I writing publicly instead of writing a personal journal? If you’ve been reading my blog you know that I am a prosecutor. (If not, welcome!) I love the law.  The law brings equality; the law brings change; the law brings justice. Often, the media gets it wrong (ratings are king). Often citizens get it wrong (due to just not knowing).  Sometimes the system gets it wrong. Facts and details get lost in the struggle between passion, history, and confusion as to how the system works.  My goal is to educate people about how the system really works, and what goes into the decision making process in cases.  Also, I want people to know what their rights are, and what remedies are available. This can only be done in a public forum.  With the internet reaching more and more people every day, what better way to educate the world?

Who do I hope to connect with? EVERYONE! My blog is not just for legal professionals (who are always welcome by the way). It’s for the students, the curious, the old, the young…anyone who cares about the world we live in and how the law governs us.

What is the end goal a year from now? I hope to have (and continue to have) great dialogues with folks from all walks of life.  My eyes have opened to issues as a result of discussions started on my blog.  I love to teach, but I enjoy learning as well.  The exchange of ideas is the only way our world will get better — it is the way to promote understanding.

And what’s the story behind my tagline? The Resident Legal Diva…I’m your in house legal expert.  And I love the word “Diva”.  I’m on a mission to reclaim the word from the negative connotations that come from reality television.  A Diva is a woman who is well spoken, well put together, and who carries herself with grace and elegance.  Most of all, a Diva is successful from her own intelligence, hard work and merit.  Notice there are no temper tantrums, outbursts, or generally “acting a fool” in that definition. What I described is the definition of a “hot mess”…which does not deserve air time (not on this blog anyway!).  And the rest “My Collection of Thoughts About Real Life and the Law”…is just that.  My thoughts…my opinions…but always open for discussion!

Looking back, the last year of blogging has been fun, uplifting, emotional, and really enlightening.  Here’s to many more!!

M.

Black Voters in St. Louis County Switching Parties?

Since it is 20 days away from election day, I’m shifting my focus to politics and the law. I am a firm believer in educating yourself on the issues and knowing what you are voting for.  All elections are critical, not just the presidential years!

vote-smart-button An interesting article was published by the Associated Press today, indicating that the frustrations of the community in St. Louis have risen to new heights.  There has been a movement by some African American voters in St. Louis County, in response to the events in Ferguson, to vote for Republican candidates in the upcoming election. The feeling is that the Democrats in power, from the local level to the governor’s office, have ignored the needs of the community that has supported them faithfully for decades.

The emotion that some voters have of being “used” is not uncommon.  Time after time, candidates and elected officials across the country appear in the communities that need them the most only during the election cycle; they are not seen again until the next election.  Certainly, those politicians should be held accountable.

But as the old phrase goes, “look deep before you leap”.

Make sure to research whoever you are voting for.  Votes should not be cast out of anger, or revenge, because it is the community who suffers in the end.  Take a look at each candidate, and look at where they stand on ALL the issues.  If they are in the legislature, pull their voting history.  Look at what organizations or charities the candidate dedicated his or her time to.  These are all signs of whether or not the candidate’s interests align with yours.

If the Republican candidate appeals to you across the board, fine.

If you find that your values are not compatible, then the next best strategy is to put pressure on the leaders of your local Democratic party, letting them know that the current slate is unacceptable.  Find a candidate and back them, whether via write in, or a grassroots movement. As we have seen in recent history, social media is a powerful tool in getting information, and creating campaigns. This is why it is critical to vote in your party’s primaries — the primary votes send a clear message to the party as to whether or not an elected official is on the right track.

Another article came out today indicating that a record number of African Americans are seeking elected office right now.  Some of those candidates are running as Republicans. See the article here. This is a perfect example of taking charge of your destiny, and being the change you want to see.

Food for thought!

M.

The Depths of Racial Profiling

As the events in Ferguson continue to unfold, I am constantly reminded of the divide in the policing experiences of many Americans. The Pew Report came out with an interesting study regarding perceptions of the problems in Ferguson, and sadly, it went firmly along racial lines. White Americans thought justice will prevail; African Americans did not.

This gets to the heart of the issue. If you (or those around you) have negative experiences with police while growing up, you will never believe the system is fair.

Looking back, I can think of one such encounter. Growing up in a beautiful waterfront community in suburban New York, my father loved to take me to the park. He would play games with me, walk with me along the water, and listen to my little girl chatter. One day, a police vehicle drove by. The car returned, and began to slowly circle, watching us.

I, of course, was oblivious. It can be a joy to be young and naive.

My father, however, got the message.

The message wasn’t “oh how cute, look at this man and his little girl”

It was “YOU DON’T BELONG HERE“.

Rather than risk an unpleasant encounter, he cut our day short and took me home.

Maybe I didn’t mention it before — I grew up in a predominantly White community.

And another additional fact: my father never wore jeans or sneakers. To this day, he wears slacks, a polo or button down shirt, and a proper British hat, weather permitting. So this was not an issue of fashion, or fitting the description of a call regarding a criminal act.

This is an issue with no easy answers. I just encourage everyone not to assume, and LISTEN to what the deeper issues are.

Here is one man’s experience with profiling that really struck me. Even though he did everything society would expect, he was profiled as a student at Harvard. One quote from his article that struck me was that being racially profiled was a rite of passage as an African American into manhood, similar to a Jewish bar mitzvah. Read Madison Shockley’s article here.

My dad and mom circa 2004
My dad and mom circa 2004