President Obama, congressman McGovern, and the Middle East

President Obama, Congressman McGovern, and the Middle East

President Obama is sending troops to Syria. This is an escalation of an already sorrowful conflict that has displaced at least one-half of Syria’s population, millions of people. Those without wealth or power always lose in wars. Don’t believe the proclamations that there are less than 50 US troopers being sent. There are many more troopers that are not subject to public disclosure. As with Afghanistan President Obama has lied to us or has broken a promise.

In 2013 protester opposed the bombing of the Syrian forces of President Assad. Hopefully there will be opposition to troops being sent into Syria, Iraq, and the reduced draw down of troop in Afghanistan.

 No Bombing of Syia 2013

To his credit Congressman James McGovern is making an effort to subject the escalation of the US involvement in Syria to some debate and to the War Powers Act.  Other democrats, such as Congressman Joseph Kennedy, are supporting this effort.

Congressman McGovern 2015  ( courtesy Bill Coleman)

The recently acknowledged failure of the Unites States to create a mercenary army in Syria failed miserably. Almost all of the 5000 fighters trained by the United States deserted and joined ISIS. This development is evidence that money cannot buy loyalty to imperialist countries. It is clear now that the United States has no or little credibility in the Middle East.

There is an effort now by the Obama administration to stabilize the Middle East with some factions in Syria allying themselves with the US. This is unlikely, despite the efforts of Secretary of State John Kerry. The population of Syria has already allied itself with President Assad or with ISIS. The factions that could join a US coalition have no popular base.

The current face of the Middle East was created by the Balfour Agreement dividing up the Ottoman Empire after World War I and the partition of Palestine after World War II. The global economy, the Iraqi-Iran Wars, Iraq War I and II, and the many iterations of the Israeli-Palestinian Wars have destabilized the Middle East. These conflicts have created extreme religion based political parties in each country, except Kurdistan which has a strange Marxist government.

 It is an absolute certainty that 50 special American operatives will not change the root and material conditions that fuel the Middle East conflicts and instability. The Russians have removed any possibility that President Assad of Syria will step down or be otherwise removed. Like Iraq and Ukraine, Syria will be partitioned in a de facto manner, if not de juris.

It is time to rethink our National interests. It is in our National interest to have a stable Middle East without conflicts. It is no longer in our interests to support the feudalism of the so called royal families which sell us cheap oil or the Fascism of the ISIS state which the US had a hand in creating.

 It is in our National interest to have a secular Israel-Palestine with special protections for the security of the Jewish people and economic and social justice for Palestinians. It is time we recognized the status of the Kurds and Kurdistan. It is time we recognized the Armenians in Turkey.  

 It is not in our National interests to have millions of people displaced and in refugee camps and hundreds of thousands of people trekking across Europe looking for haven. The United States which has been a major cause of the refugee crisis has a moral, if not legal, responsibility to provide asylum to more refugees than it has now done.

Thank you Mr. McGovern for seeking transparency and open discussion on our involvement in the Middle East and elsewhere. 

My Impromptu Conversation with Worcester Manager Augustus

      Courtesy Bill coleman

My Impromptu Meeting with City Manager Augustus

I met City Manager Augustus for the first time on Saturday October 24, 2015. I was standing outside of the Belmont AME Zion Church in Worcester. Mr. Augustus walked by on his way to the NAACP forum on education. As most people know by now I am legally blind with only reduced sight in one eye. For that reason I did not recognized the City Manager. I said to him “I think I know you”.

Mr. Augustus identified himself and then to my surprise he said “You are Gordon Davis and you write hateful things about me”. I thought that politicians would have had thicker skin and not get upset about thinks written about them.

I responded that I never wrote any thing hateful about him. I challenged him to cite one example of any hate speech or even anything personal about him. Mr. Augustus said that he could not at the moment think of anything hateful that I had said about him.

I said that I thought he was maliciously prosecuting the four BlackLives Matter protesters. He said that the courts would decide the issue. Then he went into this monologue about how Dr. Martin Luther King Jr. went to jail and that protesters should go to jail. 

My wife reminded me as we stood talking to Mr. Augustus not to lose my temper. So Mr. Augustus and I started a back and forth on the issue.  Mr. Augustus said that the protesters disturbed the peace, because the truck driving was “inching into the protester”. I told Mr. Augustus that the truck driver’s “inching” was a form of assault. Mr. Augustus said that the driver was provoked by the presence of the protester. I told Mr. Augustus that provocation was not a defense for assault.  You can not hit or threaten so one because he calls you a name. You can not claim that there is a disturbance of the peace because people hold a sign saying “BlackLives Matters”.

The issue of the lack of prosecution of the dog owners in Boynton Park was brought up by my wife. She said that the City knows the name of the violators and that they provoked the City Workers.  The City brought charges against a City worker driving a truck in Boynton Park, but not against the truck driver at Kelly Square. Mr. August said that it was different, but did not give an explanation how it was different.

Mr. Augustus offered three different rationales for the City seeking charges against the protesters. The first was that the City offered the protesters a deal that amounted to extortion; don’t protest again and the City will not seek charges. The second is that the Police saying it saw a video. The third is Mr. Augusts’ comment that protester should go to jail like Dr. King.

I think that the defense attorneys for the protesters should call on Mr. Augustus and Police Chief Gemme to testify under oath on November 9. 2015, to get evidence on how they formed the decision to seek charges against the protesters. This information should be made public. I think a jury might see the malicious prosecution by the Manger and the Police Chief. Evidence of this possible malicious prosecution could be dispositive and help a jury understand the case better.

Worcester' Confused Policy About Arresting Kids at School

Confusion About City Policy of Arresting Kids at School

The NAACP hosted a forum on education, October 24, 2015, at the AME Zion Church on Illinois St. One of the topics for discussion was called Public Safety which was led by two police officers and the Public Safety Liaison Officer for the Worcester Public Schools.  Groups opposing the police arresting kids at schools were told that they could not collect signatures for their petition to City Council nor address the forum. At one point the organizer of the event came out to the sidewalk and told these groups to stop talking to people. The minister of the Church also told the groups to stop their petition collection while they were on the sidewalk in front of the Church.  After some dialog the NAACP and AME Zion Church allowed the group to come into the event’s workshop.

The workshop on Public Safety was run by Public Safety Liaison Officer Rob Pezzella, Sergeant Lopez, and Officer Diaz.  Sergeant Lopez and Officer Diaz are full time police assigned to Worcester Public High Schools. Each of Worcester’s five public high schools has a full time officer assigned to it. There is single police officer assigned to all of the middle schools. For elementary school Mr. Perzella explained they are covered by route cares. 

Mr. Pezzella stated there is a Memorandum of Understanding (MOU) between the Worcester Public Schools and the Worcester Police that was outdated and needed revision. He said that he had no timetable for its revision and it was not entirely clear what would go into the revised MOU.  When asked whether the public could have input in the writing of the revised MOU, Mr. Pezzella said that he would have to defer to Superintendent of Schools, the Manager, and the Mayor.  Sergeant Lopez said that the Chapter 222 of the Act of 2012 required that there be some sort of public hearings.

The two police officers told the workshop attendees what they did at school. They said that they did a myriad of duties, including directing traffic, visiting parents, and counseling. Officer Diaz said that she would conduct random drug searches with a drug dog.  However she said that she does not as a rule intervene in a discipline issues unless she is asked to do so by the school administration.  Officer Lopez and Diaz both said once she is involved, the principal could not tell them to stand down. Sergeant Lopez asserted that only the District Attorney could order him to stand down.

The assertions and opinions of the police officers are not found in the MOU or in Chapter 222. It is not clear what is the City of Worcester’s policy on the interaction of the police and the school administration and the students.  It would make sense for the City to clarify this policy as soon as possible in order for the parents and students to understand what is expected.

A counselor from the School Department spoke of how she interacts with the students and parents when there are issues including children requiring assistance (CRA). This counselor is familiar with the regulations and guides the parents and children through the procedures. However when asked, she said that she was not an advocate, but a neutral officer of the court. She had no privilege and the parent and child should not have an expectation of confidentiality.  It was not clear from her presentation whether the parents and children were informed of this before speaking with her.  

The groups collecting the petition signatures outside the Church said that the arrest of children at school was traumatizing to all concerned and harmful to the child. The groups went on to say that arresting kids at school has a racist element and was a part of the school to jail pipeline.

PLP and the Massachusetts Human Rights Committee are hosting a discussion on the interaction of the police and school and City Policy. The discussion is planned for November 18, 2015, 6 PM, at CENTRO, 11 Sycamore St. 01608.

The City policy on arrests of children at school should be clarified by the School Department, the police, the Manager, and the Mayor. There should at least some minimum age that the police would not arrest a child, but seek instead a CRA. Right now there is no official policy; policy is set by the individual police officers without official guidance. This creation of an official policy should be transparent with the input of the public.

Disabilities, Workforce Central, and the City Commission

                                 

Disabilities, Workforce Central, and the City Commission

Nationally, eighty percent of the people with disabilities seeking work are unemployed. In Massachusetts the unemployment rate for disabled people is slightly smaller at sixty seven percent. The City Commission on Disabilities held a forum regarding employment for disabled people on October 20, 2015.

Felicia Normsen, a panelist, advised disable job seekers not to mention their disability in the resume or cover letter. She said that one should always send a potential employer a resume reflecting his strengths and accomplishments. At the interview the disability might be a surprise to the employer, but it would be better to try to convince the interviewer face to face.

Another panelist advised job seekers to network with other disabled people and friendly businesses who are taking affirmative actions regarding the employment of disabled people.

The second part of the Commission’s on Disability event was the Commission’s own meeting. One of the interesting items it discussed was the implementation of the new ruling from the Massachusetts Attorney General that meetings covered by the Open Meeting Law could have some of the participants meet remotely. Remote participation is defined in the ruling, such as by telephone.

A speaker from Workforce Central addressed the Commission and explained the new project called Disability Employment Project. Sarah Loizaeux, Disability Resource Coordinator at Workforce Central, explained the project and its funding.  There is a grant from the State and Federal governments to increase the resources available to disabled job seekers. It was not made clear how this was to be done, but I think that Ms. Loizaeux position was underwritten.

Other areas of help for the disabled jobs seeker are the obtainment of a high school diploma and certificate programs from Quinsigamond College. Ms. Loizaeux did not have the statistics for the number of disabled people in the Quinsigamond certificate programs, but she said people who earned the certificates are in high demand by employers.

There was also a discussion of the plans to move the Stearns Tavern to a revamped Coes Pond Park. Phillip Niddrie of the City Manager’s office talked about the multigenerational and universal accessible park to which the Stearns Tavern would be moved next Spring. He said that the State has provided a four hundred thousand dollar grant for the project; the City would raise another six hundred thousand dollars for the park.

Seven Hills organization has agreed to maintain the transplanted Stearns Tavern. The plan is to have meeting rooms, offices, and some programs in the building.  However there is something of an embarrassment for the City as four of the rooms on the third level have no plans for handicap accessibility. Mr. Niddrie said that the City was working on fixing the problem.

One of the Commissioners asked whether the project was worth the effort as few people now use the beach at Coes Pond. He questioned the “ If you build it, they will come” thinking. I hope this does not go the way of the Lake Walk and park at Lake Quinsigamond.  

There is a public discussion of the Stearns Tavern and the revamped Coes Pond Park on November 9, 2015 at 242 Mill St. 6:30 PM.  

 

Afghanistan, President Obama, and Worcester PeaceWorks

Afghanistan, President Obama, and Worcester PeaceWorks

President Obama has broken his promise to withdraw all combat troops from Afghanistan by the end of 2016. This is not a surprise, but it is sad and it is discouraging. It means that the misery of war in Afghanistan will continue for an indefinite time into the future. Only death, misery, and refuges will be the produce of the President’s decision.

When the United States went to war with Afghanistan in 2002 it was to avenge the 2001 attack on the World Trade Center.   George Bush was President when the Taliban was defeated and Al Qaeda went into hiding.

Worcester PeaceWorks was formed immediately after 9-11 by many in the Worcester peace community. Claire and Scott Schaeffer Duffy and Kevin Ksen played major roles. We held rallies in Worcester and went to the huge anti war rally in NYC; of a worldwide event in which millions of people participated.

Worcester PeaceWorks tried to get City Council to pass a resolution against the War in Iraq when several soldiers from Worcester were killed. The City Council would not hear the petition citing Rule 33 of the City Charter.

Since then President Obama has killed or captured almost all of Al Qaeda who were responsible for the 9-11 attacks and withdrew troops from Iraq.

Worcester PeaceWorks for the most stopped functioning after President Obama’s election in 2008. The Catholic Work, including Mike True and the Center for Non Violence, continued to have anti war demonstrations at Lincoln Square. The Progressive Labor Party would every so often call for an end to “imperialism” as it did during the beginning of the Civil War in Syria.

President Obama ordered a drawdown of forces from Afghanistan with the hope that a government friendly to the USA would be able to rule Afghanistan after the American troops leave. This has not happened. After over ten years no government set up by the USA has been strong enough to defeat the Taliban.

This effort at nation building in Afghanistan has proven a failure. There is no clear American policy there except to protect the suspect American friend, President Hammid Karzai, living in Kabul. The people of Afghanistan are suffering, as can be seen in the thousands of refugees seeking asylum in the European Union.

Killing people with drones has done more harm than good, especially when so many civilians are killed. There is an insight of  another of the irony in one Nobel Peace Prize winner, President Obama, killing another Nobel Peace Prize winner, Doctors Without Borders.

 It looks like we have lost in Afghanistan, like we did in Vietnam. It is time we get out and take those who want to leave with us as refugees. It makes no sense to continue with the misery of war when we cannot win.  The USA has avenged the 9-11 attacks and punished the perpetrators. It is time to declare “mission accomplished” and stop the killing and misery.  

Unfortunately many in the Peace community, including Worcester activists, do not want to oppose what are considered to be progressive candidates. Like the BlackLives Matter activists, the peace activists should compel the candidates to declare their intentions with Afghanistan, Israel, and Syria.

Charter Schools, Race, and the Success of Nativity School

Charter Schools, Race, and the Success of the Nativity School Model

Governor Baker’s is trying to lift the limits on the number of charter schools in Massachusetts. Like with health care and social security, this Republican governor is trying to undermine public schools, an institution designed to help people most in need.

There are at least three charter schools in Worcester. It is my understanding that at least one and possible all are doing well.

In Massachusetts charter school had its origin in the racist anti busing resistance to the integration of Boston schools. Many of the White people of Boston set up private schools instead of sending their kids to sit next to Black kids. William Bulger, brother to the murdering gangster Whitey Bulger, was the Massachusetts House Speaker. He bullied through a charter school bill for Boston and Worcester. Worcester representatives were not aware of this ‘midnight maneuver”. The private schools in Boston set up to defeat integration became “public” charter schools.

There is no evidence that charter schools, as a group, have performed any better than publicly run public schools. The evidence for the failure of charter schools to do better than public schools is seen in the all charter school system found in New Orleans.  There is no evidence of more successfulness of charter schools in Massachusetts. Please note that Governor Baker has not provided any statistical evidence to justify his push for more charter schools.

There is evidence that some charter schools are cheating in the way their graduation rates and test scores are calculated. Ms. Ruth Rodriquez, an administrator for United Opt-Out National, has said that “all the Charter Schools have a policy of ‘counseling out’ students they feared will not pass the test. At a high school in Roxbury where I worked, we used to get students from Charter Schools one or two months before the test”. 

Wealthy people with real choices do not send their kids to charter schools. They go to well established private schools or well endowed public schools in the suburbs. Governor Baker admits this when he says that the new charter schools will be limited to low income areas and area with Black and other dark skin people.

It is a shame that Governor Baker cannot come up with a better solution to the education of poor and dark skin children than the same old mantra of “charter schools”. It reminds me of the people chanting “standardized tests” without evidence that standardized tests help kids and for some evidence that they have harmed kids. 

Education is to somewhat like health care. People heal as individuals and at their own speed. Kids to a large extent learn in their own way and at their own speed. There is a need for more individualized instruction, at least reduced class sizes.

A real alternative is a school like the Nativity School in Worcester which has a proven record of graduation rates and success for its graduates. This model is unfortunately not applicable to large populations. It is based on 12 hours days of school and school activities, including Saturdays and summer months. It removes the students from the negative environment of poverty. It replaces that environment with structured expectations. The teaching methods are not much different from the public schools or the charter schools in terms of the subjects.

The successful pedagogy of the Nativity School is based on the statistically proven fact that the greatest indicator of the success of child is his economic and social environment. The Nativity School removes the child out from the negative environment. There is a long waiting list for the Nativity School. Every school set up in this manner in cities throughout the country has almost a 100 percent graduation rate and successful graduates.

The money allocated to charter schools could be better spent setting up 12 hour and summer months pilot schools within the public school systems of Massachusetts. Let us put our money into improving the public schools and pedagogy. Let us not throw more money away creating a competitive and unproven school system of charter schools.

Governor Baker’s continued support of charter school can be inferred by a reasonable person to be a pretext for the anti-public institution philosophy of his Republican party. If this is so, his limiting charter schools to low income and people of color neighborhoods is racist.

Guns, Abortion, and the Constitution

Guns, Abortions, and the Constitution

There are restrictions that the governments have imposed on women‘s bodies, especially in the constitutionally protected right of women to control pregnancies.  I believe that a woman should have the right to decide with her doctor what is to be done without the interference of governments. When I see the protesters at the Planned Parenthood clinic in Worcester, I am not happy. I am not happy that women in our society are placed in the position of tough decision about their health. I am working for a society that treats women and all of us in a more respectful way.

I do not believe that men have the right to kill people without government intervention and prevention. There is no protection in the Constitution for the massacre that has taken place. The Constitution was not written to protect mass killers of any sort. The document should be amended to make this clearer.

 While listening to talk radio, a caller said that the same restrictions applied to women and their health should be applied to men and their guns.  The basis for this is that almost all of the killings done by guns are done by men.

Restrictions would not be imposed on men and their guns as a public safety issue. It would be imposed as an issue of public morality.  We strive to be less of a “wild west “society and more of a society based on gun less resolution of problems among individuals. There is no need to justify this public morality as it is self evident.  There is no need to justify moving away from the morality of the Nineteenth Century to the saner morality for the Twenty First Century.

For women who are pregnant there are laws restricting Planned Parenthood and other clinics: some clinics are required to meet the standards of a hospital for emergency admittance. There are no emergency admittance at clinics; this is just pretext.

For men who own or want to buy guns there should be laws restricting gun stores standards of sale including updated electronic data bases for non eligible purchasers of guns and ammunition. There should be created a cause for civil action for harm done by any weapon sold to a purchaser who was not eligible for a purchase of guns and ammunition.

The other requirements for men should be:

1.  Mandatory safety training every two years, including a video of harm done by guns.

2. Proof of proper storage capacity, including locked cabinets and trigger locks

3. Proof the purchaser is not a danger to himself or to others. This would be a certificate from a doctor that the purchaser is not suffering from impulse control issues of any sort.

 4. Proof of no violent criminal activity in last 10 years, including arrests.

    5. A waiting period consisting of the gun store verification of certificates and proof and the local police verification of the same documents.

   6. A tax on guns and ammunition dedicated to the mitigation of harm of gun violence victims and guns safety programs, etc.

   7.  Criminal penalties for the falsification of specific documents and the failure of gun shops to properly apply certificates and waiting periods.

The new gun range in Worcester should check the certificates and proof of eligibility for each gun owner using the facility.

What comes to mind is the old saying “what is good for the goose is good for the gander”.  The morality of gun restriction is self evidently good for us all except the gunmen.

Worcester Hostility towards Black Women

Worcester’s Hostile Environment for Black Women

Dr. Melinda Boone has voted “No Confidence” in the direction of  the City of Worcester by resigning  her job as Superintendent of Worcester Public Schools. She has been hired as the Superintendent of Schools in Norfolk VA. At first I was surprised, but after giving it some thought it has become clearer that Worcester is a hostile environment for Black women.

Dr. Boone, Dr. McNichols, Brenda Jenkings, Stacey Deboise Luster, and Keesha Latulippe are some of the Black women who have faced a hostile Worcester. This City is developing a reputation as a bad place for people of color to live and work. Dr. Boone's resignation will only add to that perception.  it throws into question the sincerity of the proclamations by the so called City leaders about diversity.

Councillors Gaffney and Rosen's “I am not a racist” play acting, while hammering Black women has not gone unnoticed. Mr. Gaffney's press release in which he said that he was happy Dr. Boone was gone without commenting on the good she has done is an example of the contempt he has for Black women. Another example is his attacks on Brenda Jenkins, a Black woman who has devoted most of her adult life to helping those in need of help. Councillors Rosen, Gaffney, and Lukes, whom some say are in the racist Tea Party, have a notorious record of what many say is racism.

The teachers’ union leadership also got caught up in this attack frenzy on Black women. It is rumored that this was one of the reasons that Ms. Deboise Luster left her job with the Worcester Schools. Although the teachers’ union has done a lot of good and I support it; the union has taken narrow minded positions at times. Perhaps if it defended its teachers in terms of the education and welfare of the students the union’s views would not  be perceived to be a bad thing.

 A columnist for a local newspaper, a teacher at the Recovery School and a member of the teachers’ union, slammed Keesha LaTulippe for something called “I told you so”. This columnist has also expressed ill feelings toward Ms. Deboise Luster and Dr. Boone.

Led by the hypocrite Dianna Brianchara who sought the support of Black women when she ran for State Representative and now she is adding to Worcester hostile environment to Black women. She sought a no confidence vote against Dr. Boone. It is hard to believe Ms. Briancara’s complaints against Dr. Boone's handling of issues that are common to all school systems. Ms. Briancara demands that the criminal justice agencies set up shop in Worcester School is without merit and I am happy that Dr, Boone understood the harm that such a policy would cause. There has been much study that the policy of criminal justice inside of school is a factor in the school to jail pipeline of children in urban school.  

Dr. Joyce McNichols, a community activist, has faced attacks from the racist right wing when she spoke up at the City Manager’s failed discussion on race relations. The City Manager has now dissolved the City’s Affirmative Committee and created a City Committee of Diversity. This Diversity Committee now has less of a chance of being successful as not only is its purpose unclear, but with Dr. Boone’s vote of no confidence in the direction of the City there is less chance of diversity. To some extent Worcester is becoming like Boston in 1970s, a hostile place for Black people to live and work.

Dr. Boone brought up test scores, kept the students safe, increased the graduation rate, and decreased the drop rate.

I wish Dr. Boone good fortune in her new position. I think I can say that she did not compromise her principles of improving the school system of Worcester. I believe she left when the racist right wing in the City began to adversely affect her job of providing quality education to a diverse majority minority school system.  

Jobs Not Jail

Justice Reinvestment Act

On October 7, 2015 Neighbor to Neighbor, a community organization, and EPOCA, an advocacy organization for ex-prisoners, held a forum for the Justice Reinvestment Act. This Act is making its way through the Massachusetts State Legislature.

                            Ms. Vega and Ms. Bensahih

The Justice Reinvestment Act is what is called an omnibus bill which contains several related, but dissimilar bills. It concerns itself with the reform of the present system of incarceration which many consider detrimental to society. It has been mentioned in the discussions of New Jim Crow racism and is loosely connected to the BlackLives Matter civil rights movement. 

The bills are roughly divided into two parts: sentencing reform, jobs and school.

A.      Repeal of mandatory sentencing, especially for non violent drug use

B.      Reduction from felony to misdemeanor of some charges such as shoplifting and petty theft.

C.      End the Registry of Motor Vehicles’ practice of confiscating driver licenses of prisoners and the fine of $500 to have the licenses reinstated.

D.      Allow prisoners who are terminally ill to leave prison for a hospice, hospital, or home.

E.       Savings accrued from the reforms seen above be dedicated to creation of jobs and support for schooling of victims, released prisoners, and at risk children.

The Justice Reinvestment Act is being sponsored by Representative Mary Keefe of Worcester and Senator Sonia Chang Diaz of Boston. There are also 55 other co sponsors in the legislature. I am especially happy that Representative Keefe is a sponsoring the Justice Reinvestment Act. For a while there was so talk of her not being able to represent some of her constituents in her majority minority district well. This sponsorship should put that talk to rest as she is now more vocal on the concerns of the entire district. I am also happy she has made allies with the so called minority legislators in the State House.

                            Rep. Keefe and Aide of Sen. Chang- Diaz

Representative Keefe and an aide from Senator Change-Diaz’s office spoke in support of the Justice Reinvestment Act. Also speaking was Barbara Duggan from FAMM and two former prisoners, who spoke of the difficulties they faced.

Luz Vega, a spokesperson for Neighbor to Neighbor said that the Justice Reinvestment Act is needed as a way to improve the communities in Worcester. Delia Vegas from EPOCA said that the Justice Reinvention Act is needed for the mitigation of the system of mass incarceration of people, especially young men for non violent crimes.  It is also needed to create a society in which people who have criminal records could work and support themselves and their families.  Present impediments to work and school are hard to overcome and create a sort of self sustaining poverty.

During the question and answer segment of the forum Cassandra Bensahih, who moderated the event, said that the likelihood of the Justice Reinvestment Act passing is depended directly on the support we in the public give it. She announced that EPOCA and Neighbor to Neighbor are organizing busses to go the State House hearings on the Act. On October 14, 2015 there will be a rally outside the State House before going into the hearings. The busses from Worcester will leave Worcester City Hall October 14, 2015 at 9:30 AM. Ms. Bensahih asked that people RSVP at 508 713 8420 to ensure space on the busses.  

School Discipline, Discrimination, and Justice

School Discipline, Discrimination, and Justice

Worcester County District Attorney Joseph Early held a conference on the issue of justice in the public education system. It was not what I expected.

The main speaker was Richard Cole, an attorney consultant on the issue of Education Law. He focused his talk on his perception of a possible conflict between the recent Massachusetts statutes establishing regulations for the suspension of students, M.G.L. Chap. 222 and the Federal regulations regarding Discrimination Law for schools which are found in Title IX.

                             
                                Richard Cole

The emphasis of the State regulations regarding suspensions is establishing rights for the students alleged to have violated school policy; the regulations are enforced by the Department of Elementary and Secondary Education (DESE).   Federal discrimination laws are mainly written to protect the victims of discrimination and are enforced by the U.S. Department of Education’s (DOE) Officer of Civil Rights (OCR).

The DESE regulations provide guidelines for short term and long term suspension of students. For students facing possible long term suspension the State regulations provide: the right to a hearing, the right for a parent to attend the hearing, the right to be represented by a lawyer or advocate at the hearing, the right to his file, the right to provide evidence, the right to a recording of the hearing, and the right to appeal.  It is not clear whether the student facing suspension is actually suspended during the hearing or after the hearing.

OCR regulations require not only the same rights for the alleged victim, but also that the school creates an immediate plan for the safety of the victim. This safety plan is required to be made known to the victim. Not taking immediate action opens the school to liability under Discrimination Law.

So who is covered under discrimination laws? Students in what are called protected classes are covered. A protect class is defined by legislation or regulation and includes race, sex, handicap, etc. Discrimination Law is not the same as the anti bullying regulations. As a rule bullies are seen as non discriminating harassers.

Recently in Lowell a Black student was elected class president at his high school. Subsequent to the election he started to be cyber harassed by White students using racial slurs.  This case fell under both the DESE regulation and the OCR regulations as the Black student was in a protected class and the White students were facing possible long term suspension. The case was resolved when the White students apologized and the Black student and his mother accepted the apology. The White students were suspended for a short term and there was no hearing.

Mr. Cole talked mostly about sexual harassment. In these potential situations at school several things will happen. If there is a determination that a felony could possibly have been committed then all of the DESE regulations are moot. The school can suspend immediately without a hearing. However during the investigation the school and the police are somewhat at odds when there is no determination of a criminal act. The hearing and investigation that is required for long term suspension could interfere or taint the criminal case.

One thing I found discouraging is the statement by Mr. Cole that even if the victim or the alleged policy violator got a lawyer, many lawyers do not well know education laws.

Mr. Cole mentioned that most of us are not aware of basic concepts such as what is consent or respect or the consequences when these are lacking. He pointed to the young man in New Hampshire who went on trial for sexual assault of a 15 year underclass girl. He said these concepts should be better taught in elementary schools.

The issue of justice in the education system is a difficult one for all school systems; Worcester is not excluded. Unfortunately I see that many people think that justice means more cops and criminal justice professionals in the schools.  Kids should be viewed in terms of education and as still maturing, instead of in terms of criminal laws.

Crosswalks, Pedestrians, and Low Income

Crosswalks, Pedestrians, and Low Income

One of the issues debated by the mayoral candidates at Mechanics Hall on September 28, 2015 was public safety. It came up several times in regards to crime, gangs, and panhandling. What never came up for discussion was pedestrian safety. There has been what seems to be an increase in the number of pedestrians hit by cars and killed. Just recently a pedestrian was killed on Lincoln St. by a driver charged with driving under the influence (DUI).

However it is not only DUI drivers we pedestrian have to worry about. I am legally blind and I am dependent on cross walks and signaled pedestrian crossings to get around the City. Not only those with disabilities are dependent on cross walks and pedestrian crossing signals; many able people need them to just walk from place to place.  Just look at the intersection of Foster and Front Sts. Here a pedestrian overpass is needed.

Recently I was assaulted and battered by the occupant of a car that nearly ran me down at the intersection of Lake Ave. and Sunderland Road. I called the driver a “fucking asshole” and I continued to cross the street. A man from the car got out, followed me across the street, and hit me with a soda bottle.  There was a witness who called the police. We gave the police the license plate, but so far nothing has happened. I don’t think it is being taken seriously.

Pedestrians have become second class citizens in Worcester. According to Massachusetts statutes drivers are required to YIELD to pedestrians, especially in cross walks and when there is a pedestrian signal activated. It has been my experience that many drivers making turns on red do not even look for pedestrians. This is the case about half of the times at the intersection of Lake Ave. and Sunderland Road. Even my sighted wife is hesitant to cross that intersection.

Some drivers do not look for pedestrians. Other drivers see pedestrians, but refuse to yield. It is clear that City officials do not think this to be a serious issue despite the numerous pedestrian injuries and deaths. It seems that the police will bend over backward not to charge a driver with pedestrian accidents, instead look to see whether the pedestrian was at fault.

I found it almost laughable, if it was not so sad, that during the mayoral debate Mayor Petty and Councillor Gaffney defended the anti panhandling ordinance based on the so called safety issue. It especially remarkable that Councillor Gaffney had sympathy for the “mother and child” whose car strikes and kills a panhandler as mother and child’s lives would be made miserable. Councillor Gaffney did not have the same sympathy for the panhandler who died in his scenario. I am happy that candidate Coleman did not get caught in that trap and spoke of helping homeless people.

There should be new legislation that makes it clearer that turning right on red through an activated pedestrian cross walk signal is prohibited. Violations of this new statute would precipitate automatic tickets and at fault status. The penalties should be high enough to get the driving public to pay attention and yield to pedestrians.

To some extent there is a low income and racial element to pedestrian deaths on Massachusetts and Worcester streets. Low income people and a large proportion of so-called minority people do not have cars and are compelled to take buses and walk. Like with many issues in Worcester we are not taken seriously. This has to change.