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Gov. Abbott Unlawfully Exceeded Authority with Executive Order Limiting Jail Releases, Argues New Lawsuit

NNPA NEWSWIRE — AUSTIN, TX — Governor Abbott unlawfully exceeded his constitutional authority by issuing an executive order that suspends the rights that individuals, who are presumed innocent, have while facing criminal prosecution, according to a new lawsuit filed by the ACLU of Texas, Texas Fair Defense Project, the ACLU’s Criminal Law Reform Project and the Lawyers’ Committee for Civil Rights Under Law.

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(Photo: Texas Republican Gov. Greg Abbott speaks at the gubernatorial debate at the LBJ Presidential Library in Austin, Texas. / Jay Godwin / Wikimedia Commons)

The Lawyers Committee for Civil Rights

Lawsuit says governor’s order restricting releases exceeds his constitutional authority; public health experts agree reducing populations in prisons and jails necessary to prevent outbreaks

AUSTIN, TX — Governor Abbott unlawfully exceeded his constitutional authority by issuing an executive order that suspends the rights that individuals, who are presumed innocent, have while facing criminal prosecution, according to a new lawsuit filed by the ACLU of Texas, Texas Fair Defense Project, the ACLU’s Criminal Law Reform Project and the Lawyers’ Committee for Civil Rights Under Law.

The lawsuit, filed today in the State District Court of Travis County, is on behalf of the misdemeanor magistrate judges of Harris County, three criminal defense non-profit organizations and the NAACP of Texas. It states that the Governor’s March 29 order, GA-13, unlawfully attempts to remove discretion from judges about who can receive personal bonds and suspend certain laws related to decisions about who can be released on personal bond, while the Texas Constitution clearly states that those decisions lie with the Judiciary and the power to suspend laws lies only with the Legislature. The lawsuit argues that the Texas Disaster Act also does not grant the Governor with this authority. The lawsuit also states that GA-13 creates an unconstitutional wealth-based system by banning the use of personal bonds for certain people, putting pre-trial freedom out of the reach of those unable to pay cash bail.

“Governor Abbott’s illegal executive order disproportionately keeps poor people, people of color, and in particular African Americans jailed and therefore at a heightened risk of contracting COVID-19,” said Arthur Ago, criminal justice project director for the Lawyers’ Committee for Civil Rights Under Law. “These individuals, many of whom are legally innocent, have the right to petition for their freedom—a right that the governor has unconstitutionally taken from them. The governor must be prohibited from enforcing this executive order.”

“The Texas Constitution makes it clear: The Governor does not have the authority to suspend state law, particularly those that govern our criminal justice system, even during an emergency,” said Andre Segura, legal director for the ACLU of Texas. “At a time when public health experts agree that limiting the population in jails is critical to prevent outbreaks of COVID-19, this order ties local officials’ hands in trying to mitigate the impact of the pandemic for all Texans and prevent loss of life. Under this order, those unable to afford bail are required to ride out a pandemic in the dangerous setting of a jail, while wealthier people are able to buy their way out.”

The plaintiffs include the Texas Criminal Defense Lawyers Association, Austin Criminal Defense Lawyer Association, and Capital Area Private Defender Service, the Texas State Conference of NAACP Units, and all Harris County misdemeanor judges. The executive order harms the plaintiffs in different ways: for the judges, it unilaterally abridges the discretion given to them by law and the constitution; for the criminal defense organizations, it renders advising clients difficult and responding to the unique challenges it creates has subsumed their work; and harms the diverse membership of the NAACP, which includes judges, defense lawyers, prosecutors, county commissioners and jail staff in a multitude of ways.

“This order is creating uncertainty and havoc in the courts, and disrupting the potentially life-saving efforts of local officials to reduce their jail populations in light of the COVID-19 crisis,” said Amanda Woog, executive director of the Texas Fair Defense Project. “The harms of this order are not abstract: poor people are being detained pretrial with no way to escape a possible jail outbreak. The governor has overstepped his legal authority, and this is causing significant harm on the ground.”

“While we understand the Governor was trying to address this health emergency, it is abundantly clear to us that he is invading the province the Texas Constitution provides to our judges when exercising their responsibilities according to law,” said Gary Bledsoe, president of the Texas Conference of the NAACP. “It’s also clear that the Executive Order no doubt will have dire consequences for inmates as well as correctional officers and staff. We know this from the numerous examples regarding how quickly the coronavirus can and does spread without regard to race, income, class or status. The virus isn’t stopped by jail cells or other such barriers. To the contrary, jails increase the rates of coronavirus infection. For all those reasons it’s best to leave the decisions of how to stem the spread of the coronavirus in the jails and prisons to judges. Under our laws, they are the ones who are best suited to make those decisions.”

A copy of the complaint filed in court today is available here:https://www.aclutx.org/sites/default/files/eo_petition_2020.4.8._comms.pdf 

The previous letter sent to criminal legal stakeholders is available here:https://www.aclutx.org/sites/default/files/covid-19_response_to_local_cj_stakeholders.pdf

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Jovita Moore Mural Still Has Not Been Repainted in Grant Park

ATLANTA VOICE — A mural depicting late journalist Jovita Moore, painted on the exterior wall of a building now occupied by Bellwood Coffee in Grant Park, was painted over in April. Moore passed away in 2021 after decades of working in Atlanta television news. Bellwood Coffee owners stated in May they were unaware of Moore’s identity or significance to the community before painting over the mural.
The post Jovita Moore Mural Still Has Not Been Repainted in Grant Park appeared first on BlackPressUSA.

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Jovita Moore Mural Still Has Not Been Repainted in Grant Park

At the corner of Boulevard, SE. and Rosalia St., SE., directly across the street from an abandoned home and a Methodist Church, is Bellwood Coffee. One of hundreds of coffee shops in Atlanta, this place of business would not be worth a solitary discussion if not for the way its exterior walls are currently painted. There was once a mural depicting the late Jovita Moore, a beloved journalist who worked in Atlanta for decades. Moore, who passed away in 2021, mentored many of the people you see on television newscasts today. Though her legacy will never be forgotten, it was the mural of her image that was erased.

In April, members of the Grant Park community voiced their disgust at the mural, which graced a side wall of the building now occupied by Bellwood Coffee’s Grant Park location, before it was painted over. In its place are the words “Bellwood Coffee; Cocktails, Biscuits, Dry Goods, Air Conditioning. *Heat Too”. In May, the business owners responded to the community pushback on social media by acknowledging they did not know who Moore was before painting over her image. And later admitted that they did not attempt to find out what she meant to the community.

On May 21, the Bellwood Coffee Instagram account had a post about being “in close contact with Jovita’s family and are actively working on next steps in this process.” Two months later, the mural has not been replaced, repainted, or repositioned on the property. Nothing has been done. Black history is often erased, most recently by the current Presidential administration, but oftentimes on a smaller, quieter scale. The mural was originally painted by muralist Tommy Bronx, who had been in contact with the business owners about repainting it. As of July 6, Tommy Bronx had responded to a direct message via his Instagram account from The Atlanta Voice about any updates on his plans to repaint the mural.

“We’re currently working on it. You should see some movement in the weeks to come,” he wrote in a response.

On Monday, July 6, the business had several patrons inside and was running smoothly with three employees manning the counter. The Atlanta Voice dropped by Bellwood Coffee to get a look at the exterior wall where the mural once stood as a memorial to a journalist and mother who lost her life to brain cancer at the young age of 54. Moore’s image added some color to the block. The grey wall in its place does not.

A direct message was sent to the Bellwood Coffee Instagram account, and there hasn’t been a response as of 7 p.m. on Monday.

The post Jovita Moore Mural Still Has Not Been Repainted in Grant Park appeared first on The Atlanta Voice.

Based on reporting by Atlanta Voice.



The post Jovita Moore Mural Still Has Not Been Repainted in Grant Park appeared first on BlackPressUSA.

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‘Proud to Hang Her from a Tree’: Man Arrested for Threatening Black Senator

ATLANTA DAILY WORLD — A New York man faces felony hate crime charges for allegedly posting a threat against New York State Senator Lea Webb. James A. Crosby, 49, of Binghamton, was arrested by New York State Police after investigators determined he posted a threatening comment on a social media news post about a Juneteenth celebration.
The post ‘Proud to Hang Her from a Tree’: Man Arrested for Threatening Black Senator appeared first on BlackPressUSA.

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A New York man is facing felony hate crime charges after allegedly posting that he’d be “proud to hang” New York State Senator Lea Webb from a tree in response to a news story about a Juneteenth celebration.

James A. Crosby, 49, of Binghamton, was arrested June 23 by New York State Police after investigators determined he posted a threatening comment on a WBNG 12 News Facebook post. “I’d be proud to hang her from a tree,” Crosby wrote, according to WBNG.

Crosby was charged with making a terroristic threat as a hate crime, a class C felony, per the New York State Police. He is currently being held at Broome County Jail.

During the subsequent investigation, state police found Crosby was in illegal possession of firearms despite being prohibited from owning them due to a prior felony conviction. Investigators recovered a rifle, a large-capacity ammunition feeding device, and a firearm suppressor — all prohibited under New York state law, per the NYSP.

Crosby was charged with four additional counts of criminal possession of a weapon in the third degree, all class D felonies.

Webb, who represents New York’s 52nd Senate District, had been a featured speaker at a Juneteenth flag-raising ceremony at Binghamton City Hall, where the celebration included prayers and the singing of the Black national anthem.

Police said Crosby’s comment was posted in response to a WBNG news story covering the event.

The day before his arrest, Crosby posted a Facebook apology claiming the comment “was not intended to be racial in any way” and was made in reference to what he described as a “criminal,” citing criticism of Webb over her use of nonprofit legal aid in a foreclosure case — a matter state watchdogs said created an appearance of a conflict of interest, per the Ithaca Voice. He was arrested the following day.

Webb issued a public statement June 25 condemning the threat.

“It was extremely disappointing and hurtful to see the now-deleted threat and attacks on my life in response to a story about Juneteenth, a national holiday that recognizes the ending of slavery in America,” she said. “Feedback and thoughts on policy are one thing, but to make a public call for lethal violence is absolutely unacceptable and dangerous. We must recognize our shared humanity and reject violence in all forms.”

She thanked Gov. Kathy Hochul, Senate Majority Leader Andrea Stewart-Cousins, and law enforcement for their “swift response.”

Following Crosby’s comments, social media users called for a boycott of his contracting business, Crosby Home Improvements.

The Binghamton City Democratic Committee also called for an investigation into the incident before his arrest.

The Black Information Network is your source for Black News! Get the latest news 24/7 on The Black Information Network. Listen now on the iHeartRadio app or click HEREto tune in live.

The post ‘Proud to hang her from a tree’: Man arrested for threatening Black Senator appeared first on Atlanta Daily World.

Based on reporting by Atlanta Daily World.

The post ‘Proud to Hang Her from a Tree’: Man Arrested for Threatening Black Senator appeared first on BlackPressUSA.

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CARICOM: Strengthen Integration for Future Generations

NEW YORK CARIB NEWS — Outgoing CARICOM Chairman Terrance Drew called on regional leaders to build a stronger and more effective Caribbean Community that benefits future generations. Speaking at the 51st Regular Meeting, Drew urged modernization of governance structures and improved implementation of Community decisions to make CARICOM safer and more prosperous.
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Outgoing Caribbean Community (CARICOM) Chairman and Prime Minister of Saint Kitts and Nevis, Terrance Drew, has called on regional leaders to build a stronger, more effective CARICOM that delivers greater benefits for future generations.

Speaking Sunday at the opening of the 51st Regular Meeting of the Conference of Heads of Government in Saint Lucia, Dr. Terrance Drew said the region must modernize its governance structures, improve the implementation of Community decisions, and ensure CARICOM becomes safer, more prosperous, and more relevant to the lives of its citizens.

The meeting, being held under the theme “CARICOM: From Resilience to Renewal in a Changing World,” coincides with the Community’s 53rd anniversary. During the ceremony, Dr. Drew formally handed over the rotating CARICOM chairmanship to Saint Lucia’s Prime Minister, Philip J. Pierre.

Reflecting on his six-month tenure as chairman, Drew praised fellow regional leaders for maintaining their commitment to democracy, good governance, unity, and the rule of law despite mounting global economic and geopolitical challenges.

“Throughout these challenges, CARICOM chose engagement over isolation. Together, we reaffirmed our commitment to a fair and rules-based international trading system and ensured that the interests of small developing states continued to be heard.”

He highlighted progress made in strengthening the CARICOM Single Market and Economy, including deeper trade cooperation, expanded labour mobility, and efforts to lay the foundation for long-term economic growth. Drew also noted the Community’s growing partnerships beyond the Caribbean, particularly with the African Union, while stressing that every international partnership should advance the interests of all parties involved.

The outgoing chairman also expressed appreciation to Dr. Carla Barnett and the CARICOM Secretariat for their professionalism and unwavering support during his tenure.

“Whenever I called, you answered. Whenever support was required, you and your team responded with diligence, competence, and excellence.”

Dr. Drew urged the Secretariat to continue preserving its impartiality while faithfully implementing decisions made by Heads of Government, saying that balance has helped strengthen the regional integration movement.

The conference continues in Saint Lucia with regional leaders expected to deliberate on key issues including regional security, climate resilience, trade, economic integration, food security, Haiti, reparations, and strengthening the CSME.

Based on reporting by New York Carib News.



The post CARICOM: Strengthen Integration for Future Generations appeared first on BlackPressUSA.

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