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Thursday, September 7, 2023
Author of "The Black Butterfly" to Speak at Free September 16th Symposium
Wednesday, September 6, 2023
Ada Deer, Native American Rights Advocate, 88
Deer - a member of the Menominee tribe in Wisconsin - was a champion of tribal sovereignty, the first chairwoman of the Menominee in Wisconsin, and the first Native American woman to lead the Bureau of Indian Affairs. She was the first member of her tribe to graduate from the University of Wisconsin-Madison, the first to receive a graduate degree, the first woman to lead the Menominee, and the first woman to lead the federal Bureau of Indian Affairs.
In the early 1970s, Deer led the effort to overturn the federal government’s policy of “termination” — a series of laws that since the late 1940s had restricted and in some cases eliminated tribal sovereignty in favor of integration within the rest of American society. She spent years meeting with representatives and senators, writing briefs and organizing protests. In 1973, President Richard M. Nixon signed the Menominee Restoration Act, and in 1975, the tribe regained its sovereignty. She also worked for the Bureau of Indian Affairs, the Peace Corps, and later taught at the University of Wisconsin’s School of Social Work.
Deer became President Bill Clinton's assistant secretary of the interior for Indian affairs in 1993 in charge of the Bureau of Indian Affairs. She vowed to reform the bureau from top to bottom and make it work for Native Americans. By the end of her tenure in 1996, she had made enemies among Native American advocates and Administration politicos, though most agreed she had done the best with an awful hand. She did successfully defended the agency against severe budget cuts demanded by Republicans in their Contract for America after they took control of Congress in 1994, denouncing them as “genocide.”
On August 7, a week before her death, Governor. Tony Evers declared the date Ada Deer Day in Wisconsin.
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Sources:
Read the August 18, 2023 New York Times article.
National, State, and Local Organizations urge Congressional Leadership to Denounce White Supremacist, Anti-immigrant, and Hate Speech.
The National Disability Rights Network (NDRN) and 92 other national and 67 state organizations have sent a letter dated August 1, 2023 to Congressional leadership asking them to unequivocally denounce white supremacist, anti-immigrant rhetoric and its use by Members of Congress, and encourage Members of your caucuses to refrain from using this dangerous rhetoric.
The letter reads:
"We the undersigned organizations, urge Congressional leadership to unequivocally denounce white supremacist, anti-immigrant rhetoric and its use by Members of Congress, and encourage Members of your caucuses to refrain from using this dangerous rhetoric. As we approach the fourth anniversary of the anti-immigrant terrorist attack in El Paso, Texas, that killed 23 people on August 3rd , 2019, we are reminded of the deadly impact of this rhetoric.
The perpetrator of the El Paso attack was motivated by the white supremacist “great replacement” conspiracy, which he believed was being facilitated by a “Hispanic invasion.” Four years later, this same “invasion” and “replacement” rhetoric is leveraged by Members of Congress to further political agendas related to immigration and national security. They echo white supremacist claims of a “white genocide” orchestrated by a “Jewish cabal”, who use immigrants and minority populations as pawns in a nefarious plot. This rhetoric, and its related dog whistles, dehumanize migrants and asylum seekers, posing them as an existential threat that must be met with violence.
Again and again, our country has experienced hate violence inspired by this conspiratorial rhetoric. We know this because terrorists tell us this in their screeds. Driven by fears of “replacement” and “invasion,” terrorists targeted the Latino community in El Paso, Texas, Black Americans in Buffalo, New York, and Jews in Pittsburgh, Pennsylvania, and in Poway,California, among other communities.
Despite this repeated violence across the US, Members of Congress continue to invoke the antisemitic and anti-immigrant conspiracy theories that have inspired multiple violent attacks. Members have referred to peaceful migrants and asylum seekers as “invaders” or as an “invasion” 90 times in their official capacity in hearings, on the floor, or in official press releases.
Immigration and border policy are important topics that demand Congressional discussion. We implore Senate and House leadership to not only condemn references to conspiratorial and bigoted rhetoric, including references to the “great replacement” and an “invasion,” but to encourage the Members of your caucus to refrain from using such rhetoric. We cannot allow prejudiced and inflammatory language to dominate critical policy conversations, nor to threaten the safety and liberty of our communities.
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Sources:
Read the August 1, 2023 Letter.
Tuesday, September 5, 2023
Maryland Needs Its Own CRA Law
A Maryland CRA Law Would Help Underserved Communities and Support Economic Development
Economic Action Maryland and the National Community Reinvestment Coalition — released reports this month advocating for a statewide community reinvestment act in Maryland, that they say would help increase homeownership and other financial lending opportunities for residents and business owners, especially people of color. Both groups and other housing advocates plan to push for the legislature to pass a bill next year. Del. Melissa Wells (D-Baltimore City) introduced legislation this year to propose a state-level community reinvestment act, but withdrew it.
The proposed act would apply to roughly two dozen state-charted banks and seven credit unions that include Cecil Bank, EagleBank, Sandy Spring Bank, HAR-CO Credit Union, and Post Office Credit Union of Maryland Inc.
If enacted, a Maryland Community Reinvestment Act (CRA) law would apply to banks and credit unions with about $46 billion in assets. It would cover mortgage companies that made over 68,000 loans in 2018-2020. These assets and lending activity are considerable resources that should have a CRA obligation for reinvesting in underserved neighborhoods.
Unfortunately, the Federal CRA law has not significantly reduced inequalities and discrimination in Maryland. Between 2018-2020 in Maryland, some statistics from Economic Action’s policy brief and a 20-page paper found that Black applicants were denied at all financial institutions at a rate 1.6 times higher than white applicants; credit unions denied Black and Native American applicants slightly more than two times more frequently than white applicants; although Black residents account for 29% of the state’s population, about 20% received single-family loans; in Baltimore City, where the Black population was 62%, about 33% of those residents received those same loans; and in Montgomery County, where the Latino population was 18%, about 10% of those residents received single-family loans.
According to a June 20, 2023 whitepaper by Josh Silver of the National Community Reinvestment Coalition (NCRC), a Maryland CRA law would:
(1) Help narrow racial and equity gaps in lending. In Baltimore City, 33% of the loans went to African Americans whereas they constituted 62% of the population.
(2) Plug gaps in the federal law. While Federal CRA law applies to banks, other state laws in Massachusetts and Illinois also apply to mortgage companies and credit unions. A state law would address needs and neighborhoods not explicitly addressed by the federal CRA. Maryland’s Commissioner of Financial Regulation could conduct separate exams for counties, assessing performance more rigorously in Baltimore City and underserved rural counties. Federal CRA exams usually rate performance on a metropolitan level that hides poor performance most often occurring in the underserved counties.
(3) Increase loans, investments, and services in communities of color and modest-income neighborhoods across the state in both urban and rural areas. While some gaps have narrowed modestly, underserved communities continue to be overlooked. For the state as whole, lending institutions made 32% of their loans to low- and moderate-income (LMI) borrowers during 2018-2020 while 31.6% of the population was LMI. A significant disparity, however, emerges in the City of Baltimore where LMI borrowers received 58% of the loans but were 73% of the residents.
(4) Would apply CRA to institutions with tens of billions of dollars which offer tens of thousands of loans. State-chartered banks have about $38 billion in assets and state-chartered credit unions have almost $8 billion in assets. The top ten independent mortgage companies issued almost 68,000 home purchase loans in Maryland in 2018-2020.
(5) Would channel significant increases in loans and investments to Maryland’s neglected communities. Moreover, a state CRA law is needed to address sizable racial and income disparities in access to loans. In the state as a whole, lenders made 20% of their single-family loans to African Americans from 2018 through 2020 while 29% of the population was African American. The gap is even wider in Baltimore, a city that is 62% Black but where just 33% of loans went to African American borrowers.
(6) Could have the examiners consider the sustainability of lending by considering default and delinquency rates. This is particularly important for vulnerable and underserved communities and is often overlooked by federal CRA exams.
(7) Could contain provisions that counter CRA ratings inflation and that would motivate improvements in performance to communities of color. On a federal level, banks pass their CRA exams about 98% of the time. Banks that fail their exams cannot receive deposits from a state agency. The Commissioner could also adjust fees based on ratings received.
Finally, a state CRA is one of the most effective economic development strategies a state can undertake. Studies have shown that the federal CRA has increased lending and banking services in modest income communities. A state CRA law could build on this success. A rigorous Maryland CRA would homeownership and small business ownership, and benefit the state many times over in terms of higher gross domestic output, higher tax revenues, and reduced dependence on the state safety net.
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Conference on "Beyond Confinement: Rethinking Corrections & Rehabilitation in Maryland"
Maryland Alliance on Justice Reform to hold Free Corrections Reform Conference on September 9th
The Maryland Alliance for Justice Reform is hosting an important event from 9:30 a.m. to 4:00 p.m. on Saturday, September 9th at the University of Baltimore School of Law on "Rethinking Corrections and Rehabilitation" in preparation for the 2024 legislative session and beyond.
Featured speakers include Secretary Carolyn J. Scruggs, Maryland Department of Public Safety & Correctional Services, and Maryland Attorney General Anthony Brown.
Major sessions will be:
Re-imagining Maryland’s Approach to Corrections and Rehabilitation.
Justice Reinvestment.
(1) Demystifying and Reforming Maryland's Parole Policies and Practices - This engaging discussion will highlight the current policies and practices associated with seeking parole in Maryland and the decision-making process.
(2) Unlocking Potential through Correctional Education - This panel discussion delves into the transformative impact of correctional education, exploring how it equips individuals with essential skills, knowledge, and opportunities for personal growth, fostering a pathway towards successful reintegration into society upon release.
(3) Navigating Rehabilitation Implementation within Correctional Facilities - The lecture explores solutions-focused approaches for navigating the complexities associated with rehabilitation implementation.
Correctional Oversight.
(4) No Excuses: Preparing for Reentry & Reintegration in Maryland - This panel will explore the implementation of successful strategies and innovative approaches to reshape and address reentry challenges, ultimately ensuring the success of all returning citizens.
(5) Reimagining Corrections - The panel discussion, "Reimagining Corrections," delves into innovative approaches to transforming the traditional corrections system.
(6) Policy Reform & Legislative Advocacy - This session provides an overview of various legislative proposals that impact corrections championed by MAJR and partner organizations.
Detailed information is available at this link.
Register Now for this important (free) conference!
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Source: https://www.ma4jr.org/
Thursday, August 31, 2023
HUD to honor 50th Anniversary of Rehabilitation Act
50th Anniversary Event to be held September 12th
On Tuesday, September 12, 2023, from 1:00 – 2:30 pm EDT, the U.S. Department of Housing and Urban Development (HUD) will host a hybrid event commemorating the 50th anniversary of the Rehabilitation Act of 1973, a landmark law providing civil rights to persons with disabilities in all federal programs and activities. What is the Act
The Rehabilitation Act is a core component of FHEO’s mission to ensure affordable, accessible, and integrated housing for persons with disabilities nationwide, and the promise of housing choice for all. Section 504 of the 1973 Rehabilitation Act was the first disability civil rights law to be enacted in the United States. It prohibits discrimination against people with disabilities in programs that receive federal financial assistance, and set the stage for enactment of the Americans with Disabilities Act. Section 504 works together with the ADA and IDEA to protect children and adults with disabilities from exclusion, and unequal treatment in schools, jobs and the community. The law also established the Access Board (section 502). Later amendments strengthened requirements for access to electronic and information technology in the Federal sector (Section 508). With passage the Patient Protection and Affordable Care Act in 2010, a new provision (section 510) was added to address access to medical diagnostic equipment. The Access Board plays a lead role in developing and maintaining standards for electronic and information technology under section 508 and medical diagnostic equipment covered by section 510. The Disability Rights Education and Defense Fund (DREDF) - a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities - provides these materials and others regarding the Act: Sample Section 504 Plan and Health Care Plan for a Student with Diabetes A Comparison of ADA, IDEA, and Section 504 About the Event During the HUD event, panelists will examine the history of the disability rights movement, successes, emerging issues, and the continued need for vigorous enforcement of fair housing and civil rights laws prohibiting discrimination against persons with disabilities and ensuring equal opportunity. The event will feature a discussion of disability rights in federally funded programs with Disability Rights Attorney, John Wodatch, Chief Program and Policy Officer, Regina Blye, & HUD Associate General Counsel, Jeanine Worden, discuss disability rights in federally funded programs, along with a interesting video underscoring the importance of housing choice for all. Learn more about the event here.  John Wodatch, Disability Rights Attorney  Regina Blye, Chief Program and Policy Officer, The Christopher and Dana Reeve Foundation  Sean Barrett, Program Analyst, Compliance and Disability Rights Division, HUD FHEO  Jeanine Worden, HUD Associate General Counsel for Fair Housing
You can register to watch the event virtually by clicking the link or scanning the QR code below: http://bit.ly/3QO67sh.
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HUD's mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. More information about HUD and its programs is available on the Internet at www.hud.gov and espanol.hud.gov. You can also connect with HUD on social media or sign up for news alerts on HUD's Email List. |
HUD COVID-19 Resources and Fact Sheets
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Sources:
HUD Fair Housing News, August 31, 2023.
https://www.eeoc.gov/statutes/rehabilitation-act-1973.
https://www.access-board.gov/law/ra.html
https://dredf.org/legal-advocacy/laws/section-504-of-the-rehabilitation-act-of-1973/
U. S. Supreme Court Case would Curb Use of ADA and Fair Housing Testers
Supreme Court Case to begin Oral Arguments on October 4th
Beginning October 4, 2023, the U.S. Supreme Court will hear Acheson Hotels v. Laufer, an Americans with Disabilities Act (ADA) case with critical implications for individuals enforcing federal civil rights laws. The case involves a challenge to over 40 years of precedent establishing that civil rights “testers” – people who intentionally investigate and challenge discrimination – can bring a lawsuit to enforce civil rights laws, like the ADA. Civil rights advocates have long used testers to uncover unlawful discrimination in areas like housing and transportation. Read the friend-of-the-court brief.
The case regards Deborah Laufer, a woman from Florida who uses a wheelchair and has a visual impairment. As a civil rights tester, she reviews hotel websites looking for violations of the Americans with Disabilities Act, which requires that hotels disclose sufficient detail on the features of their properties so that people with disabilities can know whether they can safely access them. This includes whether a person in a wheelchair can get in the door to the hotel, or into the room itself; whether the room has an accessible bathroom with grab bars and a roll-in shower; and whether the bed be at the height that it is possible to transfer to.
Laufer sued Acheson Hotels, which operates a small hotel in Maine, after finding that the hotel’s website did not identify accessible rooms, provide an option for booking an accessible room, or include sufficient information on the hotel’s accessibility. Acheson Hotels moved to dismiss the case, arguing that Laufer lacked standing to sue because she had no intention of visiting the hotel. A federal district court agreed, but the decision was reversed by the First Circuit. The U. S. Court of Appeals for the First Circuit held that Laufer had standing to sue in federal court and had standing to pursue injunctive relief. Acheson Hotels asked the U.S. Supreme Court to review the First Circuit’s decision. On March 27, 2023 the Supreme Court announced that it would consider the case beginning October 4th.
The Legal Defense Fund, the Bazelon Center for Mental Health Law, and 17 other disability and civil rights organizations - including the American Civil Liberties Union, ACLU of Maine, Lawyers’ Committee for Civil Rights Under Law, and Lambda Legal - have just filed a “friend-of-the-court” brief in this case that defends testing as essential to the enforcement of the ADA and argues that eliminating tester standing would frustrate the ADA’s goal of equal opportunity. The brief discusses how unequal treatment has long been recognized as the sort of harm that can be remedied in court and explains how an individual’s motive, or status as a “tester,” does not change that.
If successful, Acheson Hotel’s case in the Supreme Court will make it even harder for people with disabilities to enforce their rights and bring businesses into compliance with the ADA.
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Sources:
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