Dirt Bikes, Racism, and Dogs

Dirt Bikes, Racism, and Dogs.

Recently the City Council passed an “emergency” ordinance prohibiting the use and ownership of dirt bikes and ATV in Worcester. It was rammed through so fast that I still have not seen a copy of it on line. I suppose I will have seek a copy from the City Clerk.

Because I have not seen anything official on this “emergency” I think it reasonable to assume that most people in Worcester have not seen anything officially about it either.

When I was a soccer coach the dirt bike people used to upset me as they would wreck the soccer and other athletic field. At that time most of the off road riders were White kids. Not much was done, with the exception of the better securing the fields.

No one was injured by the kids on dirt bikes then.  I have not heard of any one being injured today by dirt bike riders. Although I have heard the number of 84 “incidents”, I have not heard of any injuries.

So what was the emergency? Why ram through another ordinance with little public input. The answer seems to be the bias of the people pushing through the emergency order. It is my understanding that Councillor Gaffney and a racist friend of his from Main South had a large part to play in its passage.

Many people, mostly Hispanic young men, have been arrested. Many had their property seized. The City and police have formed a special task force to make the arrests and take the bikes. Most people adversely affect did not know that the “emergency ordinance” existed. The ordinance went into effect immediately after passage.

Now compare this treatment of Hispanic young men to the treatment of the White dog owners who have for two decades defied City government by bringing their dogs to City parks where all dogs are prohibited. The City is working to accommodate these lawbreakers by doing nothing adverse against them. In fact Councillor Rosen has taken up their cause and is working on allowing dogs in City parks.

Please do not misunderstand me on this issue. I like dogs and I think there should be a dog park.

The facts are that there have been more people bitten by dogs, than have been injured by dirt bikes. In fact I cannot think of anyone injured by a dirt bike. Dogs are a noise nuisance with their barking.

The young men who ride dirt bikes have complained that there should be a City location where they can ride. Well that makes sense. There will be a dog park. There is a skate board park. There is a water park.

Instead of an emergency ordinance there should have been a phase-in of the particulars. There also should have been some outreach to explain the ordinance. There should have been a grace period for the bike owners to comply with the ordinance, instead of the immediate arrests and seizures.

It is pretty clear that Hispanic and Black young men are treated worse than White people. It is pretty clear that people who pushed this ordinance think that the police should deal with Hispanic young men, instead of community services.

 It is not a wonder why we feel alienated from the racist City government and its police.  

All Is Fair In Love And Law

Practicing Law Without a License

Many opposing attorneys have bullied advocates with the threat of “practicing law without a license”

The issue has come up in several of the cases I am working on. During an Investigative Conference at the Massachusetts Commission Against Discrimination (MCAD) a lawyer for United Parcel Service (UPS) asserted to the Hearing Officer that I should not be allowed to represent my client. The Hearing Officer ignored him. He made the assertion a second time and then the Hearing Officer said the Commission allows non attorneys at this stage of proceedings.

 It came up again today when I joined a blockade of a bank auction of a foreclosed house. The main organizer, Lori, told me of how a bank attorney shouted in court that she would face criminal charges for practicing law without a license. She was not sitting at the Defendant’s, but in gallery. The bank’s attorney was practicing intimidation and bullying.

For all of the cases in which the Worcester Anti Foreclosure Team (WAFT) supports homeowners, the homeowners are pro se. They represent themselves.

According to Lori the banks’ attorneys have declared war on WAFT. I was a little confused as the banks’ attorneys get paid either way. She said that with the approximately 34 cases of foreclosures being defended by pro se homeowners, the banks’ attorneys have to work harder and make relatively less money

The law about licensed lawyer is applicable to disbarred attorneys or to someone who falsely represents themselves as an attorney. I am not an attorney.

In my lawsuit against Turtleboy, his lawyer, Margaret Melican , threatened to have me investigated for practicing law without a license. Her threat was hollow as the venues in which I practice do not have a requirement of being a lawyer to represent clients.

The MCAD allows non attorneys to practice through the initial investigation. The Department of Unemployment Assistance (DUA) and respective Housing Authorities do not require representatives of clients to be lawyers.  

As a rule all courts whether State or Federal require representatives of clients to be lawyers. Of course a person can represent himself as pro se.  For both of my cases, Davis vs. Turtleboy and Gaffney vs. Davis, I am a pro se party.

A lawyer value is found in his knowledge of court rules and legal concepts. It is easy to confuse evidence with a charge or count. For example in State courts denial of Federal FMLA cannot be a charge, but it can be evidence of bias. What lay person is familiar with the Courts’ rules for Interrogatories and their one year cutoff date?

It has been my experience that there is a courtesy that other court officers extend to lawyers that is not extended to pro se parties. Many lawyers call each other “brother” or “sister”.

If you are pro se expect to face disrespect. I recall a case in which I shipped a box of papers to an attorney. The paper in the box were not stamped with a number and I asked that the box be shipped back. My adversary refused and told me to come and get it. So I had to go to Boston and get a 40 pound box of papers.

I suppose now, that all is fair in love and law.

Baker's Pretext and Racist Disparate Impact

Baker’s Pretext and Racist Disparate Impact

Racist Disparate Impact is when a so called neutral policy has a more severe negative impact on a protected class than on other protected classes. A local columnist wrote about Charlie Baker’s support for a change in the law that would change the penalties for assault and battery on a police officer to mandatory jail time.

This policy disparately impacts the poor communities and communities of people with dark skin. Poor people have more interactions with the police because we walk, take the bus, and drive early model cars. Each interaction such as fitting the description, broken tail lights, and stop and frisk increases the likelihood of a bad outcome.

The police (as well as City Manager Augustus) for whatever reason will use the pretexts of disorderly conduct, disturbing the peace, resisting arrest, and assault and battery on a police officer.

I have personal experience for these pretexts.  In the 1970s I was walking home on Austin St. and a police officer, James Reardon, arrested me for walking without an ID. He charged me with being disorderly and rudeness. The judge dismissed the case.

Another time at a demonstration a racist punk pushed a woman protester and I got between them. The racist then attacked me. I was struck in the back of the head by a police officer whom I never saw.  He then charged me with assault and battery on a police officer.  The cop chose to protect the White racist and cover up his battery on me with a pretext. Again when I told my story in court the judge dismissed the case. 

The worse experience of pretext was when I was arrested at another demonstration. The police officer was fat and out of shape. I heard the order from sergeant to arrest “any one”. The fat cop arrested me for no apparent reason other than I was nearby.  When in the police station the cops throw me on the floor and used a choke stick until I nearly blacked out. I was relieved when someone yelled out “Stop it, He had enough” The case was also dismissed.

The City government of Worcester has used pretext to enforce a racist disparately negative policy.  For years and even today the gang unit has a policy of stop and frisk without probable cause or even reasonable suspicion.  Sometimes “fitting the description” is the pretext. Most of the time no explanation is given.

An example of this was when the Youth Center was located in Federal Square. The alcove in front of the store front was private property. The kids would gather in the alcove and smoke and talk. The police did not have authority over smoking on private property. Authority or not the police continually ordered the kids to go inside. When the Youth Center director complained, the police arrested him for assault and battery on a police officer. This case was like the other pretexts,

Governor Baker’s proposal will do harm to the poor and people of color communities. It will contribute to racist mass incarceration. The drug abuse laws have been written with a disparately negative impact on the poor and people of color communities. These laws creating mandatory prison sentences for assault and battery on police officers will be unfairly enforced and have an unfair impact.

Chief Sargent of the Worcester Police Department has stated that his policy for policing is the “Broken Windows”. This policy will increase the negative interactions between the residents of Worcester and the police. He has yet explained in detail how he intends to enforce this policy.

There is need in Worcester for a real discussion about race and police policy. The City government should be transparent with the residents of Worcester.  

The Need for Real Race Dialogue in Worcester

The Need for Real Dialogue on Police Misconduct and Race in Worcester

The racist murders of Black, Latino, Native Indians and other dark skin people by the police had compelled President Obama to go on national TV last night. He spoke awkwardly about racist misconduct by police and that not all cops were bad. No City Official has felt compelled to do the same.

The President at least made an acknowledgement that Blacklives Matter.  Something that most in City government is afraid to do.

There have been several demonstrations against racist police murders and racism in Worcester. There have been petitions to City Council and to the School Committee about the use of police in the City school system and the school to prison to pipeline.

People have demanded that the City release complaints made against the police. I know these documents exist, but the Police Chief is not making them public. The Manager is not releasing the report of a City boss making racially offensive remarks to a Black motorist at the City Hall garage.

There is an almost useless group of clergy organized by the City Manager.  As individuals all of them are good people, but as a group they just run cover for the Manager and the Chief.

The Worcester Human Rights Commission which is supposed to be the watcher of the police cannot do anything unless the Manager Oks it. This might excuse its Director, but it does not excuse the individual members of the Human Rights Commission from speaking out. They as individuals do not work for the City Manager. With few exception this group has failed in their obligations.

From the demonstration against the racist police murders of Sterling and Castile a community group is being formed that might be able to continue the fight against racism and other disparate treatment of the poor by the Worcester Police. This new group will meet Tuesday, July 19, 2016, 6 PM, Clark Univ. Jefferson Hall, room 222.

Over 100 people attended the anti-racism demonstrations at City Hall and at the police station, including Mass. Human Rights and the Progressive Labor Party.

There is a need more than ever to have a real dialogue about race and police policy and misconduct. Last summer’s so called race dialogues was organized by the City Manager who proved his racist bias by seeking criminal charges against Blacklives Matter demonstrators. Charges that the police sergeant at the scene and the court judge said were not criminal at all.

Those so called dialogues in 2015 were a joke. Instead of the City answering questions about policies, the City ran the meetings, the City allowed the Police Chief to excise himself, and then the City lost the notes.

The policies that the Chief and Manager now have to explain are the enforcement of “broken windows”, the use of body cameras, transparency, and enforcement of the dirt bike ordinance.

Hopefully this will be the beginning of a Human Rights organization independent of the police. 

21st Century Lynchings and Racism in Worcester MA

21st Century Lynchings and Racism in Worcester

On July 6, 2016 two Black men were murdered by the police. Alton Sterling was killed in Baton Rouge. Philander Castile was killed in Minneapolis. As of this date 509 people have been killed by the police in 2016.

The majority of the people killed by the police are White people, people with dark skin are killed disproportionately more often. This is evidence of racial profiling. The inference is that stopping racial profiling will help everyone including White people.

In the late 19^th Century and earlier 20^th Century the Jim Crow laws of the racist Southern USA were enforced by the means of lynching Black people from a tree.  Today the so called New Jim Crow, such as mass incarceration and school to prison pipeline are being enforce the 21^st Century’s new form of lynching, police killings.

On July 7, 2016 about 100 Worcester residents protested the racist killings of the day before. The protest was organized by Massachusetts Human Rights Committee and the Progressive Labor Party organized the event. Other groups and individuals participated such as Socialist Alternative.

The protest in Worcester was one of several protests nationwide. There will be at one more protest in Springfield at its City Hall on Monday, July 11, 2016 starting at 3 PM.  

One young man apparently from Clark U. led the chant “No Justice, No Peace” A lady protester shouted out several times “‘racist cops’ means ‘fight back’ ”

 Another speaker made the connection between economic income disparity and racism. This speaker sought economic equality as a means to abolish racism and other forms of discrimination.

Worcester’s problems with race relations were also raised in the speeches. The racist incident in which a City boss used racially offensive language during a road rage incident, the malicious prosecution of the Black Lives Matter protesters, and the Councillor Gaffney’s racist attack on Mosaic were mentioned.

A lady came up to me and congratulated me for my opposition to Coucillor Gaffney. She said he was arrogant, privileged, and a frat boy. I told her I agreed.

The protesters made plans to meet again. Some wanted to discuss body cams for the Worcester Police and the details of Chief Sargent’s “Broken Windows” policing policy.

As the protest was winding down, a group of mostly young people started to walk to the police station as a means of venting the anger at the police. I would not be surprised should they demand and got a meeting with Chief Sargent. Sometimes the militancy of the young is quite amazing.

As I am writing this column I heard on the news that two police officers were killed in Texas. I personally condemn this type of individual “lone wolf” activity. Political action is done by the people in a mass way, demonstration, rallies, petition, meetings, etc.

The struggle for justice is a class struggle usually lasting decades. The same can be said for the struggle for racial and gender Justice.

Mr. Mariano's Retirement

Mr. Mariano's Retirement

Raymond Mariano has retired as Executive Director of the Worcester Housing Authority as of July 1, 2016. His retirement is well deserved, although I cannot image him not involving himself in some ways in Worcester Politics. Are the rumors he is contemplating a run against Joe Petty?

I have mixed feelings towards Mr. Mariano. I found him to be personable. He was the only elected official who offered his condolences when my father died.

Mr. Mariano has certainly changed Great Brook Valley in many ways which are for the most part for the better. There is now  a public library. The façade of the apartment units no longer have the look of a ghetto.

He never grows tired of telling people he lived in Great Brook Valley as a boy.

However Mr. Mariano has a flaw in his personality. He does not care want others think of him or his actions. He considers constructive criticism to be personal attacks.

The former mayor sees police force as a legitimate tool to gain his goals. Mr. Mariano was never much for logic or persuasion.

While mayor of Worcester in 1990s Mr. Mariano pushed through a City policy for the use of police officers to arrest students who were not in school. The Worcester School Department actually had Truancy Officers who were teachers or social workers to do the same job.

Mr. Mariano would not listen to criticism that arresting children and detaining them in a special truancy center off of Grover St. would traumatize the children and make worse their underlying issues. Mr. Mariano did not listen to Chief Gardella who said that his officers did not want to arrest kids for not being in school. The police union complained to the Department of Labor Relations.

In the 2000s Director Mariano imposed a 6 PM curfew on all residents of Great Brook Valley. A resident or a guest could be arrested after 6 PM. Many in the community said that this curfew was unconstitutional and racist. There was a demonstration organized against Mr. Mariano’s curfew.

Before retiring Mr. Mariano has set up a program through which the State can evict people from State subsidized housing for not having a job or going to school. So even if you have an income and you can pay your rent you can be evicted. There are regulations on what “going” school means. Like with his other actions this program is based on the threat of physical removal or arrest.

Mr. Mariano has argued that this jobs or eviction program is working. The same program in Boston has been a failure in accomplishing its goals. The program in Worcester has only been effect six months. It will likely also be a failure, given that people in Boston and Worcester are not significantly different.

This so called legacy project might be short lived.

It is well beyond the time to end these programs which have a disparately negative impact on “minority” communities and enforced by police arrests. It is time to end the School to Prison Pipeline and racism of some City Hall politicians and managers.

I am confident that if and when Mr. Mariano reads this column he will not let it affect him. He will see this column as a personal attack. He will not see it as constructive or a request to reflect on what could be his personality flaw.

It is unlikely Mr. Mariano will pursue his next mission a redeemed individual.