Thursday, August 13, 2015

The Movement Goes Mainstream


ROSENDALE, New York looks and feels like countless rural towns nestled inside the Hudson Valley. It boasts a picturesque landscape teeming with rivers, farmland, mountains, and hiking trails. Downtown still flaunts sturdy storefronts from the town’s run as the nation’s leading supplier of cement in 19th and early 20th centuries. (The Statue of Liberty and Brooklyn Bridge were both built with Rosendale Cement). Though the local cement industry collapsed after World War 1, in recent decades émigrés from New York City and nearby New Paltz have discovered its charm and cheap rents, transforming the sleepy town of 6,100 from quaint to quirky, cozy to borderline cool. What hasn’t changed, however, is the town’s racial composition. According to the 2010 census, 90% of residents identified as white while only 1.7% checked the box marked African American.  This chasm is precisely what makes the assembly inside the Creative Co-op—a 17 x 30 community space on Main Street—on a Tuesday in late April such an ideal mirror of the moment we are living through.
Forty people, most of them residents, had given up a gorgeous early spring sunset to attend a community reading series covering Michelle Alexander’s 2010 bestselling, The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The co-op, which for all intents and purposes is a cabin, wasn’t big enough to hold everyone inside the circle so late arrivers squatted on the floor while others simply stacked their chairs inside the doorway.
The New Jim Crow has been widely praised across political spectrums for mainstreaming the criminal justice reform conversation. Even those who’ve yet to read it have likely heard, and perhaps regurgitated, the book’s most unsettling statistic—more black men are behind bars today than were enslaved in 1850. Alexander’s central argument in the book is that the War of Drugs has been the latest project to re-enforce a system of racialized exclusion and control. She grounds her analysis in historical and contemporary data as well as case law illustrating both the breadth and scope of the problem and how we arrived in a place where one in eight black men in their twenties are locked up on any given day and 13 percent of all black have been stripped of their voting rights. The book has ignited an awakening about the origins and purpose of racial caste in American not seen since Martin Luther King christened C. Vann Woodward’s The Strange Career of Jim Crow the “historical bible of the Civil Rights Movement” in the 1960s.
“To me [Alexander] is as important in our generation as Dr. King and Malcolm and Ella Baker,” said former Obama administration official and Alexander’s longtime friend, Van Jones, in a recent interview. “She’s our Angela Davis,” Jones added, which is fitting since it was Davis who first popularized the term “mass incarceration” in her 2003 book Are Prisons Obsolete?
Yet the acclaim, accolades and awakenings were not inevitable.
            Jones recalls the day Michelle Alexander called him about her new book. The CNN contributor and Dream Corps Unlimited founder was proud of his longtime friend, but he was also pessimistic about the book’s prospects. “I said I’ll read it and your husband will read it and that’ll be about the end of it.”
            Jones wasn’t alone. Leornard Noisette, who directs of the Open Society Foundation’s Justice Fund, awarded Alexander a Soros Fellowship in 2005 to write The New Jim Crow, yet he, too, held modest expectations: “No one inside this foundation could have imagined that the book would have this kind of impact,” he said when we met at his office.
            So how did a book that no one saw coming upend the criminal justice landscape and make it to tiny towns like Rosendale? I posed this question to everyone I spoke to. Some said it was timing—Americans were ready for the mass incarceration message. Others said Alexander was the right messenger—her mainstream pedigree as a Supreme Court clerk, law professor and civil rights attorney gave her the credibility to be heard. They were each compelling theories. But Alexander herself recently recounted a meeting with the late theologian and historian Vincent Harding early in the book’s life that is probably the most credible explanation. The venerable Harding, she said, sat her down and told her what needed to be done. 
“My job wasn’t simply to speak as a lawyer or as an advocate or as an academic railing against the system,” Alexander told a capacity crowd at the Women of Spirit Conference at Union Theological Seminary in March in reference to the exchange. “I came to see that a large part of my job, perhaps the most important part of my job, was to dig for deeper truth and to speak that truth with a lot more courage.”
Dr. Iva Carruthers was one of those Alexander reached out to on that truth digging journey.
“Michelle called me,” said Carruthers, who co-founded the Samuel Dewitt Proctor Conference (SDPC), a network of progressive faith organizations based in Chicago. “She was looking for a way to enter conversations with the black church around her work.”
Carruthers agreed to write, publish and distribute a study guide to accompany The New Jim Crow.
“We found that churches were using it in bible study, book clubs were using it, community based organizations were using it.”
Buoyed by the guide’s success, Carruthers told me that Alexander helped SDPC secure multiyear grants from the Open Society and Ford Foundations to build “a new moral consensus” in the faith community to address mass incarceration. SDPC used those funds to spread The New Jim Crow’s gospel to other faiths.
SDPC was just one example of the support Alexander provided organizations willing to build the movement around the book. In New York, the celebrated Riverside Church incubated the Campaign to End the New Jim Crow, which, in turn, motivated residents in Hudson Valley to start The End the New Jim Crow Action Network (ENJAN). Shelly Friedmann, a teacher, attended one of ENJAN’s community readings. The book’s message compelled her to ask the group if they could help her bring the book to Rosendale.   
The guests who crammed into the Creative Co-op personified the book’s broad appeal to people of conscience. They ranged from Millennial to Gen Xer to Boomer, college student to college professor. They were black, brown, and white, though mostly the latter. Women slightly outnumbered men. Three guests had served time in prison. One had taught shop at a nearby prison for 30 years. Friedmann taught chemistry at an alternative school in Woodstock. One couple operated a working farm. Another, Sally and Paul Bermanzohn, had survived the Greensboro Massacre, the famous KKK ambush in 1979 that left 5 marchers dead. Paul, a psychiatrist whose parents survived the Holocaust, suffered a bullet wound to his head that left him permanently disabled. Sally, a political science professor at Brooklyn College, wrote a book about the massacre. No one was ever convicted.
Before introducing a pair of SUNY New Paltz professors to lead the discussion, Friedmann, a bubbly twenty-something, announced that attendance had doubled since last week. It was little wonder.  On that April evening any doubts that a movement to challenge the criminal justice system had begun were being doused before our eyes. In Baltimore, Freddie Gray’s murder had instigated a turbulent uprising. In Philadelphia, activist, author and death row inmate Mumia Abu-Jamal’s rapidly declining health had sparked an international outcry for an investigation into prison neglect. And in New York, Presidential hopeful Hillary Clinton was putting the finishing touches on a speech calling for an end to the “era of mass incarceration” that she would deliver the next morning at Columbia University.   
In fact, those were just the latest headlines in what can only be described as a national rethinking of crime and punishment. In March, President Obama commuted the sentences of 22 offenders (In June he commuted another 46). In the last two years, his Attorney General and the FBI Director—the two highest law enforcement posts in all the land—had delivered historic speeches acknowledging systemic bias in the justice system. Last spring the National Academy of Sciences had released a Department of Justice-funded report dispelling the myth that stiff prison sentences correlated to crime reduction and calling for sweeping reforms to the prison system. California voters had reduced several felonies to misdemeanors. Seventeen states and the District of Columbia had decriminalized marijuana. States across the country were restoring sentencing discretion to judges, abolishing capital punishment and investing in alternatives to incarceration. The ACLU had launched an 8-year, $50 million grant to cut imprisonment in half, an idea originally proposed by Van Jones’ #cut50 initiative. Jones, meanwhile, had convened a “bipartisan summit on justice reform” in March that featured the liberal ACLU and conservative Koch Industries, both of whom had just invested seed capital in a brand new organization called the Coalition for Public Safety, the aim of which is to make the system “smarter, fairer and more cost effective.” 
Yet, none of the political and legal activity, check writing, lofty speechifying and hashtagging will matter if people in towns like Rosendale aren’t part of the discussion. These are the places where “colorblindness” thrives in plain sight. Residents lean left and vote blue. They consider themselves post-racial and progressive. Yet their interactions with black and brown communities that feed the prison system are minimal. 
The New Paltz professors started off with curve ball. Is ending “mass incarceration” the right goal for the movement or is ending “mass criminalization” the real objective, they ask? Stop and Frisk presents a prime example of the latter. Under its reign in New York City, several hundred thousand black and brown young men were detained because of their identity. Most were never sent to jail but no one would dispute that they’d been harmed in a way most Americans will never experience. More recently, the Justice Department’s report on Ferguson revealed that officers saw African-American residents as “sources of revenue,” handing out a variety of pricey tickets for petty civil infractions then issuing even costlier arrest warrants when the offenders could not afford to pay.
The question spurred a polite classroom discussion about the merits of one term over the other. No fire, no fury. Only the shop instructor dared to expose his actual worldview and experience. Everyone else intellectualized the discussion, offering their thoughts rather than their hearts. And when the conversation threatened to expire of natural causes, the professors filled the awkward silence with long-winded monologues that sucked the air out of the room.
Suddenly, an expansive figure next to me wearing eyeglasses the size of a compact discs and a deflated Yankees cap lifted his leathery, arthritic fingers to indicate his wish to be heard. Up to now, the figure had remained quiet, content it appeared based on my vantage point to his left, to play the role of silent sage.
 “When we’re trying to build this mass movement,” he starts, his voice a syncopated throwback to the black power era, “we first have to use what the people have.” When he paused no one rushed to fill the silence. “And that language that we have is everybody’s locked up. That’s mass incarceration,” he added to emphasize the gravity of the moment—that this was not the time for thought experiments. The movement has begun and wasn’t looking for this audience to redefine it.
Sixty-eight year-old Odell Winfield has seen the dawn, climax and denouement of the drug war in America. By 21, the Hempstead, Long Island native, had a wife, four kids and a job loading trucks at a warehouse that he knew, even then, was never going to lift them out of the dilapidated complex they were living in. So he organized his crew into a tenant’s association, taught himself landlord-tenant law, and took his landlord to court. Rather than repair the building, the landlord decided to sell. But all that the tenants got for their efforts was a new deadbeat slumlord. Still, that first taste of grassroots organizing lit a fuse. They all became active in the community.
They also became involved in the heroin trade. The narcotic was just beginning to flood the streets when Winfield and his friends were frequenting New York City. Dealers were making beaucoup money, easy money. They decided to build their own heroin empire on Long Island.
“The same people that I struggled with, I hustled with,” he sighed when we spoke three days after the meeting. “We just never sat down and talked about how we also were a part of genocide by selling drugs to our community. We never really talked about that. It was money and we took care of our families.” 
The police busted down Winfield’s door in 1972 and sent him to Nassau County Jail. He was convicted in the county court of multiple possession and distribution charges and sentenced to 55 years at Comstock Correctional Facility in Saratoga.
“I walked out in the big yard and thought every black male I knew had got arrested,” he recalled. “And that was only one prison. In every prison up there, the majority of the inmates were black. This is the real beginning of mass incarceration.” 
The mainstream narrative about how the United States grew the world’s largest prison population—2.2 million—typically goes something like this: Starting in the early 1980s under President Reagan, the federal government launched the war on drugs, passing one stiff crime bill after another, each peeling away long established safeguards for defendants and prisoners, adding more criminal offenses with longer sentences and establishing lopsided drug policies, most notably the 100:1 crack/powder cocaine sentencing disparity that would devastate black and brown communities. Even as critics pointed to deindustrialization, globalization and urban disinvestment as the ultimate causes of soaring crime rates, lawmakers felt pressured to push for harsher penalties to pacify voters throughout the 1980s and into the 1990s. Amid this pressure cooker environment, Bill Clinton signed the 1994 crime bill. Widely considered the most ruthless set of criminal laws in modern history, the Violent Crime Control and Law Enforcement Act of 1994 introduced a federal three-strikes provision, expanded the number of death penalty offenses, allowed thirteen year-olds to be tried as adults, and increased and militarized police forces, all while defunding prevention programs. The rest is history.
This narrative frames mass incarceration as the unintended outcome of an anxious nation’s appeal for law and order during a period of crisis. Framing it this way sets the stage for Hillary Clinton to call the criminal justice system “out of balance” then propose “smart” solutions like body cameras for cops and alternatives to prison for “low level” offenders to restore the balance, as she did in her much-celebrated speech at Columbia University.
Winfield was the first person I met who challenged this narrative. But as I started to ask around, I discovered that he wasn’t alone.
“If you read the literature of the sixties and of black radicals, the Black Power movement, and the movements of Native Americans and Chicanos, turned into a movement to free political prisoners,” said Johanna Fernandez, a Baruch College history professor whose book on the Young Lords, a Puerto Rican nationalist group,  is under contract with Princeton University Press. To be sure, Alexander draws the connection between the urban rebellions of the 1960s and mainstream America’s rising concerns about crime. Fernandez just takes it one step further. In her analysis, the tactic of mass incarceration was first deployed to discredit and delete civil rights and black power movement activists under the FBI’s well-documented Counter Intelligence Program (COINTELPRO). “That strategy was a very conscious attempt to criminalize black radicals and imprison them,” explained an impassioned Fernandez. That strategy then was deployed against the mass of black people in the nineteen seventies and eighties at the height of deindustrialization.”
In keeping with this alternate history, at Comstock Winfield met Black Panthers, Young Lords, and white inmates who’d taken part in the Attica uprising two years earlier. Together they decided to form an organization. They called the People’s Party.
“We sat down and hammered out a platform,” Winfield said. “I still live by that platform.
Their objective was to secure services like access to education that the prisoners at Attica had given their lives for. Winfield was elected Education Minister. He started a library, sent away for books to stock it with, distributed literature to cells and organized study groups. When Skidmore College began offering a degree-granting program in the prison, he jumped on the opportunity. Along the way, he accumulated enough “good conduct time” to qualify for early release. By the time he walked out of Comstock in 1976 he only needed another year and a half to complete his bachelor’s.
Rather than return to Hempstead, Winfield moved to Albany where he enrolled at Siena College, rented an apartment in town, and even bought a used a car to get around courtesy of federal Pell Grant program. In the meantime, he reconnected with his four kids and started repairing those relationships. As soon as he finished his degree, he landed a position at Regent’s College (now Excelsior College) setting up external degree programs for adults, including those in prison. He would remain with Regent’s for the next two decades.
Yet, that was just part of Odell Winfield’s journey to redemption. He started a re-entry program that he quickly evolved into a halfway house. He returned to prisons as a volunteer advisor throughout. He founded an African roots library in Poughkeepsie. He joined every social movement from anti-apartheid to Occupy. And, in 2012, he founded the End the New Jim Crow Action Network (ENJAN) to push for reforms such as Ban the Box, which, notably, became law in Ulster County last December.
“Everything I did,” the grandfather of 19 offered when I asked what had motivated him, “was all about the give back.”
There is more to the story. As it happened, Winfield was arrested one year before New York passed the infamous Rockefeller drug laws—a series of draconian penal codes triggering lengthy mandatory sentences for drug offenses. He readily acknowledges that he was “one of those arrested that pushed the efforts of the legislature to pass the laws.” Had he been arrested under the law, he could still be serving his sentence. Likewise, if he had come out of prison twenty years later than he did, he would have been banned from receiving federal aid for college, visiting his family in public housing, receiving welfare or getting food stamps.  

“It’s very important that people have an understanding of the bipartisan way we got into this mess,” Van Jones tells me when we speak in early May. “There is this mythology that Republicans passed a bunch of horrible laws and Democrats were trying to prevent what happened from happening. That’s completely ahistorical.”
When we spoke in May, Jones was still riding the wave of his bipartisan summit on criminal justice reform in Washington, D.C. He praised Republican Governor Deal in Georgia and even Rick Perry Texas for their criminal justice reforms. But he was also disappointed with what he saw as the left’s distrust of the right’s motives.  It’s no secret that Newt Gingrich isn’t interested in shrinking the prison population because it discriminates against black people. He wants to scale back the $80 billion industry because it will put money back into the pockets of private citizens. This continues to be the barrier for many of the left who see mass incarceration as a racial justice issue. But in Jones’ view, this shouldn’t be the case.
“I can guarantee nobody is sitting in a prison cell saying I want to come home but I hope no Republicans help. Nobody is sitting at home missing their mom and dad saying I wish they would come but I sure hope that the Koch brothers don’t help. That’s just stupid!”  
 Jones’ new alliance with right wing policy and lawmakers is particularly surprising in light of his past entanglements with the party. Just six years ago, conservative lawmakers pushed him out of his green jobs post in the Obama administration when his signature showed up on a 9/11 Truther petition. Yet, if anything, he seemed to have absorbed that setback and returned with a more pragmatic understanding of the way movements begin, build and evolve to complement his boundless optimism. For him, that fiscal conservatives, libertarians and even socially conservative evangelicals were “moving our way” on criminal justice reform was what mattered most in this moment.
 “Where we’re starting on criminal justice is not going to be where we end up,” he assured me, pointing to the early days of the civil rights movement when Montgomery bus boycotters were only seeking a more humane form of desegregation. “My concern is that we have people so concerned with the last domino that we won’t knock down the first.”
At this moment in time, that “first domino” is undoubtedly non-violent, drug offenders.  Practically every piece of legislation that has legalized, decriminalized or reduced punishment at the state or federal level in recent years has centered on this population of offenders. All 68 of the sentences that President Obama commuted in 2015 stemmed from drug offenses. Drug offenders have even had their federal financial aid, welfare and food stamps rights restored.
That domino didn’t fall overnight, though. Advocates, scholars and researchers spent two decades discrediting the War on Drugs with data and studies both here and abroad that proved it was issue better suited to a public health response.
“Those kind of safer, unemotional, objective arguments are an easier way for us to attach ourselves to the problem and start to come to terms with it and start to work together to find solutions.”
Allison Holcomb is the Director of the ACLU’s new $50 million Campaign to End Mass Incarceration. In 2012, she led the ACLU’s successful effort to legalize marijuana in the state of Washington. The state now estimates sales of the drug will generate nearly $2 billion over the first four years of legalization.
Holcomb’s new role is national and carries an ambitious mandate from the Open Society Foundation to instigate reforms in states across the country that cut the prison population in half by 2020. The strategy and specific targets are still being defined, but she’s optimistic about what they can accomplish given the ACLU’s 50 state reach and track record.
“I think we can definitely move to a place of agreeing that people that don’t pose a threat of physical injury to others don’t need to be locked in cages,” she said, echoing the aspirations of many I’d spoken to as well as Hillary Clinton. However, in the next breath she conceded that the “tougher question is dealing with those offenders who have caused physical harm.”
Indeed, that reform conversation is still in its infancy. Even though recent studies in New York and California as well as one by the Bureau of Justice Statistics have found that murderers have the lowest recidivism rates of all offenders, the political will to explore what, in fact, is violent and whether our punishments match the crime just isn’t there. For now, the strategy to end mass incarceration is a cautious one, despite the reckless ramp up that bloated the system in the first place
Neverthless, if the intention is to end mass incarceration, then sooner than later we’re going to have to wrestle with those “tougher” questions. After all, if we could release every drug offender in America today and still house 1.7 million prisoners—more than any other country in the world, still.  



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