This Time Was Different …

From the New York Times dated August 8th

The police in Montgomery, Ala., are expected to charge at least three people in connection with a brawl that broke out over the weekend when a group of white boaters attacked a Black boat captain at the city’s popular Riverfront Park. The violent scene, which bystanders captured on video, has stoked memories of the city’s racist history.

I keep hearing that racism in the U.S. does not exist or at least is not a problem.  I hear Ron DeSantis claim that slavery was actually beneficial to the enslaved.  I hear Chief Justice John Roberts claim that there is no longer a racial divide, that we no longer need to protect the voting rights of minorities.  They are all wrong … what’s worse, they know they are wrong, yet keep spewing their lies for political gain.  Charles Blow’s column yesterday takes a closer look at what happened in Alabama over the weekend and the historical context …


The Montgomery Brawl Was, for Some, a Clarifying Moment

By Charles M. Blow

09 August 2023

The Alabama Sweet Tea Party.

That was one nickname people gave to a brawl this past Saturday on a Montgomery, Ala., riverfront dock, captured in viral videos, after a group of white people attacked Damien Pickett, a Black riverboat co-captain who was trying to clear a berth for his vessel, and a group of Black people came to Pickett’s defense.

In some obvious ways the whole episode is sad: The situation should never have descended into violence. The people who were asked to move their boat so that the riverboat could dock in its reserved space should simply have complied.

But in other ways, many Black people, in particular, saw it as an unfortunate but practically unavoidable response to what can feel like an unending stream of incidents in which Black people are publicly victimized, with no one willing or able to intervene or render aid.

Black people coming to the defense of that Black man wasn’t just a specific thing that happened at one place and time; it was also a departure, in some ways, from the most memorable images in a history that includes centuries of Black-targeted brutality, which traces the journey of Black people in this land that became the United States.

From its inception, a feature of American slavery was the brutalizing of Black people and Black bodies — the whipping and the raping, the being hung from trees and fed to dogs — with others, generally, unable to defend them.

It has been such a part of Black history that it also became a central theme in Black literature.

In Toni Morrison’s Pulitzer Prize-winning novel, “Beloved,” the protagonist, Sethe, and her husband plan to escape enslavement but get caught. He is hiding in the loft of a barn when her enslaver’s nephews forcibly suck the milk from her breasts and severely whip her, leaving scars that look like, she says, a “tree on my back.”

Her husband sees all this but is powerless to intervene without being discovered, and his powerlessness at witnessing the savaging of his wife drives him insane.

In slavery’s wake, lynchings surged. The decades thereafter saw some notable Black resistance to racial violence, but that resistance was usually overwhelmed, and much of the imagery and ephemera that survive from the period concern the victims of anti-Black violence.

The civil rights movement would successfully meet violence with nonviolence, highlighting how cruel and depraved Southern racists were, but the tactic produced another volume of imagery of Black victimization — beatings, fire hoses, lunch counter mobs.

This American motif has continued into the present era, from the beating of Rodney King in Los Angeles to the choking of Eric Garner in New York to the murder of George Floyd in Minneapolis, all caught on camera.

Darnella Frazier, who was 17 when she recorded the cellphone video of Derek Chauvin with his knee on Floyd’s neck, testified at Chauvin’s trial that “it’s been nights I stayed up apologizing and apologizing to George Floyd for not doing more and not physically interacting and not saving his life.”

Charles McMillian, who was 61 at the time of the trial and also witnessed Floyd being brutalized, broke down crying when he took the stand. As McMillian testified through his tears, “I couldn’t help but feel helpless.”

Through all of this, particularly the endlessly replayed videos, other Black people experienced a vicarious trauma that was only compounded by the feelings of vulnerability that come from being unable to intervene, of feeling that they, too, could have been these victims and that no one could or would come to save them.

What happened in Montgomery stood in contrast to much of that norm.

There, the righteous indignation of a community found an outlet when Black people came to the defense of a Black man under attack. There was therapy in it for many who saw it — a sense of historical correction.

And as an added bit of historical poetry, the brawl happened in Alabama, with its horrible history of slavery and notorious convict leasing system, which Douglas A. Blackmon called “slavery by another name” in his Pulitzer Prize-winning book of the same name.

It happened on a riverfront where enslaved people of African descent were transported to be sold in a city that later played a key part in the civil rights movement with the Montgomery bus boycott.

While violence is never the ideal, self-defense has a morally universal appeal and justification. And there comes a time when defense is the only option, when standing upright is the only appropriate posture. Describing the events in this case, even Montgomery’s police chief pointed out that members of the riverboat’s crew “came to Mr. Pickett’s defense.”

Let’s all hope and pray that more situations don’t descend into violence like this one did and that cooler heads always prevail. But let’s also understand that no people are obligated to endure violence without defending themselves or being defended.

Good People Doing Good Things — Bryan Stevenson & EJI

Most often this feature focuses on ordinary people doing little things to help others and to make the world a bit better place.  Today, however, I wish to focus on a very big thing, a big man and his organization, Mr. Bryan Stevenson and the Equal Justice Initiative (EJI).  A friend & reader, Ellen, pointed me to this organization and thought I might be interested.  I was absolutely fascinated, and I hope you will be too.  Thank you, Ellen … I owe you one!

Bryan StevensonBryan Stevenson grew up in the shadow of segregation and racism in school, on playgrounds and at the local swimming pool.  After graduating from Eastern University in St. Davids, Pennsylvania, he received a full scholarship to Harvard Law School.  It was during his tenure there that he found what would become his life’s work.  As part of a class on race and poverty litigation, he worked for Stephen Bright’s Southern Center for Human Rights. It represents death-row inmates throughout the South. Stevenson knew  immediately that he had found his career calling.

After graduating from Harvard in 1985, Stevenson moved to Atlanta, Georgia, and joined the Southern Center for Human Rights full-time.  The center divided work by region and Stevenson was assigned to Alabama. In 1989 he was appointed to run the Alabama operation, a resource center and death-penalty defense organization that was funded by Congress. He had a center in Montgomery, the state capital.  Then, in 1994, the republicans gained a majority in Congress and one of their first moves was to eliminate funding for death-penalty defense for lower income people.

Not one to accept defeat, Stevenson converted the center and founded the non-profit Equal Justice Initiative (EJI) in Montgomery.  He was awarded a MacArthur Fellowship Grant, 100% of which he put toward supporting the goals of EJI.  He guaranteed a defense of anyone in Alabama sentenced to the death penalty, as it was the only state that did not provide legal assistance to people on death row. Alabama also has the highest per capita rate of death penalty sentencing.

In 2005, Stevenson was instrumental in convincing the Supreme Court to consider the death penalty to be unconstitutional for persons convicted of crimes committed under the age of 18 in the case of Roper v Simmons.

Now a bit about EJI.  Their mission statement on their website:

“The Equal Justice Initiative is committed to ending mass incarceration and excessive punishment in the United States, to challenging racial and economic injustice, and to protecting basic human rights for the most vulnerable people in American society.”

Diane-Tucker

Diane Tucker

In 2015, EJI won the exoneration and release of Anthony Ray Hinton, who spent 30 years on Alabama’s death row after being wrongfully convicted of capital murder based on a faulty bullet match, and Beniah Dandridge, who spent 20 years in prison after being wrongfully convicted based on a faulty fingerprint match.  EJI won the release of Diane Tucker, an intellectually disabled woman wrongfully convicted of murdering an infant, after obtaining medical evidence that proved the baby never existed.

There are many stories on their website of people whose lives have been saved by EJI … far too many for me to relate here. As of 2016, EJI had saved 125 people from the death penalty. In addition, it has represented poor people, defended people on appeal and overturned wrongful convictions, and worked to alleviate bias in the criminal justice system.  Let’s take a look at one of the cases EJI took on …

Trina GarretTrina Garnett, a 14-year-old mentally disabled girl, was charged with second-degree murder after setting a fire that tragically killed two people in Chester, Pennsylvania. She was tried in adult court and sentenced to die in prison.

Trina was homeless and had suffered severe abuse, trauma, and mental illness. Her trial judge had no choice but to impose a mandatory sentence of life imprisonment without parole, although he remarked “it is a deplorable situation that the state does not provide facilities where young people such as Ms. Garnett can receive help while learning in a secure environment.”

EJI took on Trina’s case as part of its work challenging life-without-parole sentences imposed on young teens. In 2012, EJI won a landmark ruling from the United States Supreme Court barring mandatory life-without-parole sentences for children.

Bryan Stevenson, now age 58, has dedicated his life to helping people. Under his leadership, EJI has won major legal challenges eliminating excessive and unfair sentencing, exonerating innocent death row prisoners, confronting abuse of the incarcerated and the mentally ill and aiding children prosecuted as adults. Mr. Stevenson and his staff have won reversals, relief or release for over 125 wrongly condemned prisoners on death row.  Mr. Stevenson has initiated major new anti-poverty and anti-discrimination efforts that challenge the legacy of racial inequality in America, including major projects to educate communities about slavery, lynching and racial segregation.

Mr. Stevenson has won so many awards that I cannot name them all, but they include:

  • The National Medal of Liberty from the American Civil Liberties Union after he was nominated by United States Supreme Court Justice John Stevens
  • The Olaf Palme Prize in Stockholm, Sweden for international human rights
  • The SALT Human Rights Award
  • The NAACP William Robert Ming Advocacy Award
  • The Roosevelt Institute Franklin D. Roosevelt Freedom from Fear Award

Charity Navigator, an organization that rates non-profits based on accountability and transparency has ranked EJI 100% in all areas for the last 3 years, and they have had a four-star rating (the highest possible) since 2012.

The accomplishments of Bryan Stevenson and the Equal Justice Initiative are so many that it would take me a dozen or more posts to highlight them all, but I urge you to take a tour of their website, read some of the stories, explore the sections on ‘Racial justice’, ‘Children in prison’, and more.

Mr. Bryan Stevenson is a man with a heart, a man with a fighting spirit who spends every day of his life helping the people who most need help.  In this country, the poor and minorities are not treated as equals, are not valued by society.  Mr. Stevenson is working to change that, one life at a time.