The Face of Worcester Future

                        

                                         Courtesy: Panama Foto

The Face of Worcester Future

The anti violence rally on July 26, 2015 is a harbinger of Worcester’s future.  The ralliers were mostly Black and Latino, although there were a few older people in attendance, most of the people were young.  New faces giving a political event a new flavor.

The rally was on the surface about the rash of violent acts, including shootings in Worcester. However the main element of the rally, that could have been easily missed, was the young people of all races, especially Black and Latino youth making a statement of a nascent political awakening.

Some people in Worcester will look at the Canal District or the Blackstone Visitor Center or Union Station condos as the future of Worcester. In a certain sense these and other projects are. What some people do not see is that value comes from people and not buildings. The demographics of Worcester has been on a continuous march to a majority population with dark skin and duo languages.

Although not true for my generation, to a large extent young people today seek models and wisdom from their elders. The solutions that many of the ralliers put forward were based on eclectic philosophies such as Martin Luther King Jr., Malcolm X, Louis Farrakhan, and others. Everyone called for an end to self destructive youth violence and gang violence. I am sure that their solutions to the issue will be more sophisticated with practice and experience.

                                  Courtesy: Bill Coleman

Some older advocates passed out a flyer putting forward the ideas of the New Jim Crow racism and an end to Mass Incarceration of low income people, especially from the Black and Latino communities. The older advocates hoped that the young would be influence by those ideas as well as the need for police transparency and an end to the school jail pipeline.

The potential power of the young people in this rally might have frightened conservatives in Worcester as the ralliers are now being attacked with disingenuous allegations of criminality. These allegations are similar to the malicious prosecution of the Black Lives Matter protester by the City of Worcester.

The rally last Sunday is a sign that Worcester City Council might become more than an old boys club with its token colored person. There are several Black and Latino candidates running for City Council, including Bill Coleman and Sarai Rivera, who both came to the rally.

If not this election cycle, then in the near future the politically conscious young people of Worcester will change the look of Worcester government.

Worcester Deeply Divided

                                   

Worcester Deeply Divided

The Worcester City Council meeting of July 21, 2015 was further proof of a deeply divided City. For many in the community and several City Councillors the verbal gloves came off. Some City Councillors were disingenuous. Other Councillors resorted to name calling. The police was called to escort a Black man out of the Council Chambers.

There is some evidence that this deep divide between Black Lives Matter supporters and other people who consider themselves to be “colorblind” was exasperated by the Department of Justice Hearings earlier in the year. The bad blood churned up by the hearings, reached a flash point.

Councillors Gaffney and Rosen filed an order for the audit of Mosaic, an organization that helps newly released prisoners (mostly Black and Hispanic) reintegrate into society. Mosaic allowed the use of its building for some Black Lives Matter meetings. The two councilors denied that their order was retaliatory.  Councillors Gaffney and Rosen said the audit was fiduciary due diligence. This proved to be a pretext as they did not seek in their order the auditing of the other ten organizations that received the same block grant as does Mosaic.

                                    

Several supporters of Mosaic called Councillors Gaffney and Rosen “racists”. Councillor Rosen became upset and demanded more respect and said that he was not a racist. Curiously Councillor Rosen later in the meeting demeaned a City employee in such a way that the City Manager cautioned Councillor Rosen that the authority of the Council did not extend to City employees and that he should be more respectful.

Partially due to the elections in November 2015 all eleven City Councillors voted to have the audit, even though there are Councillors who said that Mosaic was doing a good job and sat on Mosaic’s board.

Another deep divide in the City was revealed when City Council softened the enforcement of the ordinance prohibiting dogs from public parks. Personally I like doggies and think there should be a dog park. The racial issue is the perception that the White people in Paxton and their dogs are treated better than the Black people of Worcester.

Earlier in the year there was a protest at Kelly Square in Worcester seeking to pressure the City of Worcester to become more transparent in its police accountability. The City charged the protester with disturbing the peace, despite the police not witnessing the protest and the fact the City has no evidence that is admissible in court. The City brought the charges in retaliation for the protest. There is evidence of the retaliation being malicious prosecution.

Compare this to the White privileged people in Paxton with their dogs. They have openly violated the dog ordinance for years. They erected an unauthorized barrier to prevent City employees from entering a public park. The dog people in Paxton gave police reports saying that they broke the law. Instead of bringing charges against the White people in Paxton like it did against the Black people in Worcester, the City Council has sided with the White people in Paxton and will not enforce the dog ordinance.

At the City Council meeting one person from Paxton saWorcester Deeply Divided

The Worcester City Council meeting of July 21, 2015 was further proof of a deeply divided City. For many in the community and several City Councillors the verbal gloves came off. Some City Councillors were disingenuous. Other Councillors resorted to name calling. The police was called to escort a Black man out of the Council Chambers.

There is some evidence that this great divide between Black Lives Matter supporter and other people who consider themselves to be “colorblind” was exasperated by the Department of Justice Hearings earlier in the year. The bad blood churned up by the hearings, reached a flash point carried.

Councillors Gaffney and Rosen filed an order for the audit of Mosaic, an organization that helps newly released prisoners (mostly Black and Hispanic) reintegrate into society. Mosaic allowed the use of its building for some Black Lives Matter meetings. The two councilors denied that their order was retaliatory.  Councillors Gaffney and Rosen said the audit was fiduciary due diligence. This proved to be a pretext as they did not seek in their order the auditing of the other ten organizations that received the same block grant as does Mosaic.

Several supporters of Mosaic called Councillors Gaffney and Rosen “racists”. Councillor Rosen became upset and demanded more respect and said that he was not a racist. Curiously Councillor Rosen later in the meeting demeaned a City employee in such a way that the City Manager cautioned Councillor Rosen that the authority of the Council did not extend to City employees and that he should be more respectful.

Partially due to the elections in November 2015 all eleven City Councillors voted to have the audit, even though there are Councillors who said that Mosaic was doing a good job and sat on Mosaic’s board.

Another deep divide in the City was revealed when City Council softened the enforcement of the ordinance prohibiting dogs from public parks. Personally I like doggies and think there should be a dog park. The racial issue is the perception that the White people in Paxton and their dogs are treated better than the Black people of Worcester.

Earlier in the year there was a protest at Kelly Square in Worcester seeking to pressure the City of Worcester to become more transparent in its police accountability. The City charged the protester with disturbing the peace, despite the police not witnessing the protest and the fact the City has no evidence that is admissible in court. The City brought the charges in retaliation for the protest. There is evidence of the retaliation being malicious prosecution.

 Compare this to the White privileged people in Paxton with their dogs. They have openly violated the dog ordinance for years. They erected an unauthorized barrier to prevent City employees from entering a public park. The dog people in Paxton gave police reports saying that they broke the law. Instead of bringing charges against the White people in Paxton like it did against the Black people in Worcester, the City Council has sided with the White people in Paxton and will not enforce the dog ordinance.

At the City Council meeting one person from Paxton said that he knew he was breaking the law and challenged the City to do something about.

                                         

It is clear now that Black Lives Matter civil rights movement is not going away. So in order to end this deep division in the City, the colorblind City Councillors will have to be voted out of office and the City Manager will have to enter into serious discussions with the Black and Hispanic communities. Whether this is done this year or in the near future, the changing demographics of the City will compel this change in the political leadership of the City.

Additionally the City Manager will have to end his harassment of the activist and the political stunts, such as the criminal charges and the Department of Justice hearings. 

Race, Immigration, Trump, and Sanders

                                          SIM rally outside Statehouse

Immigration, Race, Trump, and Senator Sanders

There are about eleven million undocumented workers in the USA. Some are from Ireland and are found mostly in Boston and New York City. Some are from Mexico and a large number of immigrants are found in California and Texas. Most working people, whether we have papers or not, are hard working and civil to our neighbors. There is criminal element or Lumpenproletariat is so small that racists like Donald Trump have to remind us of its existence.

There are too many people to be deported without mahor disruption of the economic and social fabric of this coutnry.

Donald Trump is now leading the Republican Party’s polls for the nominee for its presidential candidate. This is not surprising given the number of racists such as the Tea Partiers, Ku Kluxers, and racist others in the Republican Party. What is a surprise is that not one of the supposedly “moderate” Republicans have challenged the racist rants of Donald Trump. For that matter not one of the Democratic Party nominees have challenged Donald Trump’s racism.

Both Democratic contenders, Clinton and Sanders, have remained silent on the issues of race and immigration. Jill Stein running for the nomination of the Green Party US has made statements against mass incarcerations of and police brutality against low income people, especially young Black men.

President Obama has set up a program, for kids brought as youngsters to the USA, to gain some temporary legal status. The program will likely end when President Obama leaves office as it was established with Executive Order. Neither Clinton nor Sanders has made it known what they intend to do with this program.

In Massachusetts there are also proposed programs to help undocumented students such as no in-state tuition for Massachusetts residents regardless of status. There was a rally and hearing at the Statehouse on July 15, 2015 sponsored by Student Immigrant Movement.

                            Tuition Hearings : Courtesy of Italo Fini

The lack of support or even public statements by candidates and other politicians is especially disappointing as Senator Sanders has called himself a “socialist” and he has gone to Selma in the old Civil Rights movement. Former Secretary of State Clinton is known for her opportunism and I really don’t expect to see any courageous principled stands from her.

Now is the time for the so called leaders to oppose Donald Trump’s racism. His rants are setting the environment for race hatred acts as allegedly perpetrated by Dylan Roof in South Carolina.

Senator Sander’s supporters with whom I have spoken do not know what his positions on race and immigration are. His supporters just seem to parrot the same ineffectual and tired line that Senator Sanders was an activist in the old Civil Rights movement.

At one time I though Clarence Thomas would move to the left, but that time never came.

DOJ Hearings, The Rise of the the Golden Calf

Worse Than Before, The Rise of the Golden Calf

On July 8, 2015 there was a meeting at the YWCA of some people in the community about problems with the Department of Justice hearings on race relations. This meeting’s discussion was mostly focused on the failure of the hearings to deal in a substantive way on issues affecting the low income communities, especially the Black and Brown communities. Other issues brought out in this meeting were the inaccuracy of the hearing notes and how some meeting notes were missing. The lack of a plan on how to use the information that was provided at the hearings was a concern.

Additionally there was also criticism of the effectiveness of the so called Committee on Hate and Bias and the Clergy and Police Committee. Some people at the July 8, 2015 said that they would meet with Jana Turchek of the City manager office to discuss the problems.

The organization of Department of Justice hearing of July 13, 2015 was supposedly the result or non result of the communities’ concerns. It turned out to be a political stunt for some and a photo opportunity for others. The politicians, Attorneys Generals, and other bosses spoke of how they were on the side of the people, especially Black people, while being a part of the Prison Industrial Complex.

The Department of Justice bosses U.S. Attorney Ortiz gave the same old tired speech about law enforcement without offering any remedy about how to end racial profiling or police murders.

                                       Joseph Early Jr. Worcester DA

                                    

What was most disappointing was how many people in the community could not see the conflict of interest between us who are trying to get the government to change their policies of New Jim Crow racism and the bosses who run the government. Have we been blinded by the golden calf of the photo opt and the ephemeral “contact” or political connection?

                                  The author at the DOJ Hearings  

One group, the Progressive Labor Party, disrupted what one attendee called the “love fest” with the bosses who are partly responsible for the New Jim Crow racism. It called for an end to police brutality and the start of police transparency,an end to the school to prison pipeline, and more good jobs. For full disclosure I am a member of Progressive Labor Party.

                                            

There is a lesson to learn from the old Civil Rights Movement that the ministers of Black Churches never took money from White bosses. They only lived on the money raised by their congregation. They learned that when you take money from the Man, people get confused who they are working for.  

Discrimination Law Process Weighted Against Victims

Discrimination Law Process Weighted Against Victims

Discrimination Law is complicated and esoteric; many lawyers are unfamiliar with it nuances. It is hard for people represented by lawyers, let alone people who are self represented, to win cases.

As a matter of disclosure I, at one time, was an investigator for the Massachusetts Commission Against Discrimination (MCAD). I believe I was wrongly fired by the MCAD and I have filed a complaint against the MCAD in Worcester Superior Court based on Handicap Discrimination.

There was no surprise when I read in the local daily newspaper that the complaint of racial discrimination in the lack of promotion of two Worcester Police officers was over twenty years old. There was no surprise that the City of Worcester, respondent (employer), could still appeal to the Massachusetts Court of Appeals and then later to the Massachusetts Supreme Judicial Court. It might take another decade for the Complainants to be made whole, if ever.

The first hurdle faced by the person who has been discriminated against (complainant) is a three hundred day statute of limitation. You miss this deadline and you will likely never be able to file a complaint on the specific discriminatory event.

The next hurdle is the content of the complaint. A wrongly written complaint or a complaint without material facts will likely fail. Good discrimination lawyers are hard to find; they usually are selective in the cases they take and are somewhat expensive. Pro Se complainants seemingly are sometimes like lost children in the woods, especially those complainants without college degrees.

Another barrier is the MCAD investigation. The investigators are usually good honest and hard working people, but they have large caseloads, sometimes over two hundred and fifty cases. Compare this to the twenty five cases that are handled by Equal Employment Opportunity Commission investigator has as a caseload.

The investigations dismiss over ninety seven percent of the cases at the MCAD. Those cases that are determined to have probable cause are sent to a Public Hearing and only a small percentage of them are adjudicated in favor of the complainants. The hearing officers who decide the Public Hearing cases are the heart and strength of the MCAD goal of eliminating discrimination. They are knowledgeable, well educated, and experienced.

The cases that are won by the complainants in Public Hearings can be appealed to the Full Commission. A Full Commission hearing is a dicey thing for the complainants as all of the Commissioners are political appointees some have little or no experience or even knowledge of discrimination law. It was not a surprise that there were legal errors made by some commissioners in the process.

I am surprised that the Worcester Police officers got a favorable ruling from the MCAD. I wish the officers good fortune in their pursuit of justice.

Worcester Acts Like Black Lives Not As Important as Dogs.

Worcester Acts Like Black Lives Not As Important As Dogs

On July 9, 2015, the Worcester 4 Black Lives Matter demonstrators went before a judge in Worcester District Court to face the single count of disturbing the peace on Martin Luther King Jr. Day 2015. Their lawyers had filed Motions to Dismiss the complaints based on the wording of the City ordinance which states that when there is a “legitimate purpose” there is no disturbance of the peace. The Constitution of the United States guarantees that a protest against racist police killing of unarmed people, especially young Black men is a legitimate purpose.

I suppose there will be an attempt at some point by the City Councillor to remove or redefine the phrase “ legitimate purpose”.

There will be oral arguments on the Motions to Dismiss on September 4, 2015. After that hearing on the merits of the Motions, the Judge will make a determination to either allow or deny the Motions to Dismiss. The Worcester 4 Black Lives Matter protesters said that they wanted public support before the September 4, 2015 hearing to show the maliciousness of the prosecution by the City of Worcester and its Manager.

Compare this malicious prosecution of people opposing racist police killings to the lack of City of Worcester’s actions against the admitted violators of Worcester City ordinances regarding dogs in City parks.  The violators of the dog ordinances have been doing this for years and recently they led to a possible criminal disturbance of the peace at the Boynton Park. The City of Worcester has not taken any action to fine the admitted violators of the dog ordinance nor has it sought an application for a Clerk Magistrate hearing for probable cause finding of disturbance of the peace.

A supporter at the Court House said that the reality is that dogs are held to be more important that Black Lives Matter people by some in the City. Some in City government are supporting the dog ordinance violators by seeking to make Boynton Park a dog park. The irony of this is sad and frustrating. The dogs and their owners have been engaged in what can only be called civil disobedience for years and nothing was done to them. When a park employee tries to advise the dog owners that they are violating the law, the park employee was attacked at the park, in the media, and by some City officials.

There is only one conclusion that can be drawn; the City of Worcester, some of its officials, and some in the media consider the “civil rights” of dogs to be more important than the civil rights of Black people and our friends.

This racism has not stopped the Black Lives Matter new civil rights movement. A new chapter of “Black Lives Matter” is being formed in Worcester. The Community United Collective and other groups such as the Progressive Labor Party are planning more demonstrations and actions around racist police killings and other forms of racism.

Let us see who in the City government or running for City office will have the courage to fight for the police accountability that was the central demand of the Worcester 4 protesters. Let us also see who will support the issue of dog parks instead.

Boynton Park Incident, White Privilege and City’s Racism

Boynton Park Incident, White Privilege and City’s Racism

On July 5, 2015 in Boynton Park there was a disturbance of the peace. Whether it rose to the level of a crime is to be determined. What is certain is that the City of Worcester is handling the situation differently than it did for the Worcester 4 Black Lives Matter protesters.  This difference is evidence of what some call “White Privilege” and "unconscious"  racist bias.

At Boynton Park there is evidence that many people, who live mostly in Paxton a mostly White suburb of Worcester, use Boynton Part as a dog park. There is a Worcester ordinance that prohibits the use of the park for this purpose. The mostly White people of Paxton have been violating this ordinance for many years with impunity.

When a park employee tried to advise the mostly White people of Paxton that Boynton Park was not a dog park, some of the mostly White people became angry and exerted their “White privilege” when someone building an unauthorized road block to interfere with the park employees.

When a park employee drove into the park on July 5, 2015, it seemed that some of the dogs somehow escaped control of the owners and began what some could call an aggressive chase of the park employee vehicle. One the dog owner tried to confront the park employee saying “I wanted to talk to him “. That dog owner was a correction officer who seemed to chase after the park employee with his dog. The correction officer said that when the park employee tried to get away, the park employee’s vehicle struck him in the arm.

A City Councillor, Gary Rosen, has defended the dog owners and he wants to allow dogs in the park. Mr. Rosen has also attacked the park employee as being “outrageous”.

Now compare this to the City’s reaction to the Black Lives Matter demonstration of which there is no evidence usable in court that any City ordinance was violated. The City is maliciously prosecuting the Worcester 4 demonstrators for disturbing the peace. Half of the demonstrators are Black. 

The City has not filed any charges for the violation of the City ordinance regarding trespassing in a City park with a dog. The City knows the perpetrators as most of them gave police statements against the park employee. The City has not sought an application for a Clerk Magistrate hearing on the probable cause of Disturbing the peace and Disorderly Conduct as was done against the Black Lives Matter protesters.

Let us see if the mostly White people of Paxton suburbs are treated in the same manner as the mostly Black people of Worcester’s Black Lives Matter civil rights movement. 

Changes at the Worcester Police Department?

Changes at the Worcester Police Department?

There is speculation that the Chief of the Worcester Police Department, Gary Gemme,  will retire in August of 2015. There is no official confirmation, but several reliable sources have said as much.  Maybe after reading this blog Chief will choose to remain after August.

The reasons being given for the possible retirement of Chief Gemme is the disarray the Worcester Police has found itself in recently. There are three specific items. The first is the arrest of a Worcester Police officer for the beating of a shackled prisoner while in Worcester Police lock up.

The second item is the rumored investigation by the Department of Justice for the mishandling of Federal grant money for what is called the “Summer Project”.

The third item may be the malicious prosecution of the Worcester 4 Kelly Square demonstrators, Depending on the outcome of the trial, Chief Gemme and City Manager Edward Augustus could be name as individual defendants in a civil rights complaint.

Each of the three items would cause some Worcester Police Department files to be opened to the public. A part of court proceedings is what is called discovery during which the court orders documents to be released to the plaintiffs. A Department of Justice Investigation would be written report detailing its findings.

The case of the arrest of former officer Motyka has forced several other police officers to retire. A third police officer, Jeff Toney, was suspended. A supervisor on the scene of the alleged beating has not been disciplined. Curiously only the Black officer was named in the newspaper. A retired police officer does not have to cooperate in an internal investigation. The implication of the retirements of the two police officers is that there is more to misconduct to be exposed with its attendant internal resistance of some officers.

The grant for the so called “Summer Project” is for a form of community policing in which officers attend certain events that might reduce crime. However there are allegations that the money is being used instead as a sort of detail pay with no accountability of whether it is being used effectively to reduce crime or intentionally as a means of just putting money in some people’s pockets. When it comes to accounting and statistics the Worcester Police either have none or is failing to provide them to the public.  The forensic accounting of the Department of Justice might prove interesting, assuming that the Department of Justice is actually investigating the Worcester Police.

The third item of malicious prosecution of the Worcester 4 protesters can only go forward if a jury rules in favor of the Worcester 4. The Worcester City ordinance defining “Disturbing “the peace states that if there is a “legitimate purpose” defense. The Constitution of the United States guaranteed protests as “legitimate purpose”. Unlike the other protests where the demonstrators were ordered to disperse by the police, there were no police at Kelly Square. The Kelly Square demonstration was not unlawful given the circumstances. This might have been a reason that the District Attorney Early did not at first bring charges against the demonstrators.  A malicious prosecution complaint against the City of Worcester, its City Manager, and its Police Chief should shed more light on this. A light that Chief Gemme might to stay out of.