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Blunt Trauma: Cop Beats Black Teen Over Cigar, Sparking Outrage and Familiar Swisher Sweet Debate

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shocking video of a police officer beating a 14-year-old African American boy over a Swisher tobacco cigarette is being shared across social media platforms around the world.

In the clip that has been re-posted tens of thousands of times, a Rancho Cordova deputy is captured pummeling the youth in his chest as he presses him to the ground in an incident that happened April 27.

Now, the family of the teen is calling for the firing of the officer, although stating that they understand the case involves a minor in possession of a cigarillo.

“There is no valid reason for Brian Fowell, an officer of the law, to punch a child in the face and chest. There is no valid reason for an officer to push a child’s face into the ground against a curb by their neck,” said Tanya Faison, founder of Black Lives Matter Sacramento in a written statement to California Black Media. “This 14-year-old boy posed no threat to this officer and the actions officer Brian Fowell took are dangerous for our community.”

The incident happened near a 7-Eleven store where the Rancho Cordova Police Department (RCPD) reports that the youth received the tobacco cigarette from an adult.

“The video of the Rancho Cordova deputy repeatedly hitting and slapping a much smaller unarmed 14-year-old boy is disturbing to us as parents and frustrating to us as lawmakers,” reads a statement the California Legislative Black Caucus (CLBC) released to California Black Media.

“Over the last few years, the legislature has made clear their expectations about the appropriate use of force and the need to find alternatives, especially when it comes to unarmed minors,” the statement continued.

Race, Police Use of Force, Black Teens and Nicotine Addiction

For decades now, activists have targeted tobacco products in the state of California, partially to deter young people from smoking or chewing the cured and dried leaves, which contain nicotine and can lead to addiction.

Carol McGruder, co-chair of the African American Tobacco Control Leadership Council, has been a major force in the anti-tobacco crusade in California. One of the main arguments she makes to lawmakers is her view that tobacco manufacturers target Black people with their products.

McGruder has been working hard to put the brakes on menthol cigarettes, cigarillos like Swishers, and e-cigarettes, which are used for vaping, a favorite way to consume tobacco among teens. Vaping has led to severe respiratory illnesses among first-time smokers, according to the Centers for Disease Control and Prevention.

“Anger, disgust, rage, these are the feelings we felt as we watched the video,” said McGruder. “Rage that another Black boy was traumatized by police brutality.  As horrific as this video is, what is more horrific is that the biggest invisible killer and profiler of Black boys, the tobacco industry, will be able to latch onto it and use the legitimate concerns of our community to block public health policies that would stop the industry from profiling and addicting our children.”

Some Black leaders, including the Rev. Al Sharpton, president of National Action Network agree that tobacco is harmful to Black teens. But they also believe that over-taxing or outlawing the substance – particularly menthol cigarettes which Blacks smoke the most — creates an illicit underground market that puts young Black people under the scrutiny of law enforcement officers. He cites the case of Eric Garner in New York City. Garner was illegally selling “loosies,” unlicensed retail cigarette sticks, before police officers subdued, suffocated and killed him. Police surveillance, they say, increases the odds of dangerous, often times deadly, run-ins with the law like the one involving the cops and Garner — or the teen in Rancho Cordova.

“Often, tobacco and marijuana are used as smoke screens for racism and abuse in policing in Black and Brown communities,” says the Rev. Tecoy Porter, President, Sacramento branch of the National Action Network. “We must condemn those practices.”

Anti-Tobacco Laws in California and Around the U.S.

The California legislature has passed several laws aimed at curbing the use of tobacco. But neither lawmakers, nor the state’s health – nor its law enforcement –  authorities have enacted explicit policy safeguards to prevent what happened in the Rancho Cordova incident, critics say.

San Francisco County was the first county in California to ban menthol cigarettes in the summer of 2017. In California, no state-wide ban has been put in place against the sale of flavored tobacco products. However, certain cities and counties in the state have instituted local ordinances prohibiting purchases.

The county of Sacramento banned the sale of menthol cigarettes as of January 1 of this year.

In September 2009, cigarettes with specific characterizing flavors were prohibited in the U.S., as part of the Family Smoking Prevention and Tobacco Control Act (TCA) that gave the U.S. Food and Drug Administration (FDA) authority over tobacco products.

Despite the FDA’s ban on flavored cigarettes, the overall market for flavored tobacco products continues to prosper. Tobacco companies significantly stepped up the introduction and marketing of flavored and other tobacco products (OTPs), particularly e-cigarettes and cigars, as well as smokeless tobacco and hookah tobacco.

“Black Boys Aren’t Born With a Newport or a Swisher Sweets in Their Mouths”

The Campaign for Tobacco-Free Kids says that tobacco companies claim to be responding to “adult tobacco” users’ demands for variety, but flavored tobacco products still have a key role in luring new users, they say, particularly kids, to a lifetime of addiction.

“Black boys aren’t born with a Newport or a Swisher Sweet in their mouths,” says McGruder. “Our community must understand that there is a highly organized and efficient system that does that.”

McGruder and other anti-Tobacco lobbyists say the police-use-of-excessive-force case in Rancho Cordova may have blown the lid off a problem that has been simmering for years. It has also put a focus on the Rancho Cordova Police Department and past allegations of police brutality.

Black Lawmakers, Rancho Cordova PD Release Sparring Statements  

Sacramento County Sheriff’s Department spokesperson Sgt. Tess Deterding said in a written statement that the deputy was in the area responding to citizens’ complaints about sales of alcohol, tobacco and drugs to minors.

“It’s important to put the video footage into context, especially in relation to a use-of-force incident. In this case, the deputy saw what he believed to be a hand-to-hand exchange between an adult and juvenile,” Deterding stated.

The RCPD account stated that the officer had reasonable suspicion that criminal activity was occurring and the deputy attempted to detain the juvenile so he could continue the investigation. The juvenile became physically resistive, the RCDP continued in their written statement, causing the deputy to lose control of his handcuffs.

The deputy attempted to maintain control of the juvenile without his handcuffs while alone waiting for his partners to arrive and assist him, the report said. Ultimately, the deputy recovered tobacco products from the 14-year-old, which the RCDP presumes is the reason for his resistance.

“These are the facts as we understand them at this time. This investigation is in its infancy and the facts as we understand them now are subject to change as we conduct a more thorough and complete examination of the circumstances surrounding this incident,” Derterding stated.

But Black lawmakers responded to the RCPD official statement, countering that “this use of force is in no way proportional to the suspected crime or justified by the actions of the child. We will monitor this situation closely and expect that the officer will be held accountable for the abusive actions taken in the name of public safety.”

African Americans in Rancho Cordova

Rancho Cordova is approximately 14 miles east of downtown Sacramento. It was incorporated as a city in 2003, and has its own municipalities, including a mayor, city council, fire department and the Rancho Cordova Police department that is contracted through the Sacramento County Sheriff’s Department.

The city — whose history stretches back to the Gold Rush days of the mid-19th century and the era of the Pony Express — has a population of over 74,000, the World Population Review reported, a number based on a 2017 U.S. Census Bureau estimate.

The city, once home to Mather Air Force Base, is 60% White, 13% Asian, 21.6% Latino and 8.9% African American.

Out of 6,347 Black people who live in Rancho Cordova, 23% have household incomes below the poverty line, the highest number of all ethnic groups in the city, according to the World Population Review. Most African Americans live in some of the most underserved and hard-to-count census tracts in the state, according to California Black Media’s “Counting Black California: Roadmap to The Hardest-to-Count Census Tracts” report.

Past Allegations of Police Misconduct

Last week’s incident was not a first. The RCPD has been accused of aggression before and it has been hit by police misconduct lawsuits involving the Black community in the past.

In March 2019, African American twins, Carlos and Thomas Williams, say the officers of RCPD allegedly choked and beat them before taking them into custody.

The brothers filed a civil rights violation lawsuit, which claims they were arrested on a trumped up charge at Carlos Williams’ home.

Adanté Pointer, an attorney at the John L. Burris law firm in Oakland, who was speaking on behalf of the family of the 14-year-old Rancho Cordova teen, said this is too often the case.

“We’re talking about a kid buying tobacco and an officer with an opportunity to actually build community relationships in dealing with a young man,” said Pointer. “Instead, I’m certain, he’s left a mark on this young man’s spirit, soul and brain that will live with him for the rest of his life.”

Activism

D.C. Statehood is a Voting Rights Issue… and Racial Justice Issue

The disenfranchisement of hundreds of thousands of D.C. residents is fundamentally un-American and there is no good reason to allow it to continue.

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Washington, D.C. has a higher percentage of Black residents than any state in the country, and they have no voting representation in Congress. This is systemic racism in action. It is long past time to give Washington’s 712,000 residents the representation they deserve by making D.C. our 51st state.
It is shameful that people who live in the nation’s capital have no say in Congress. And it is unacceptable that local laws and budgets passed by D.C. elected officials can be overturned by members of Congress who decide to meddle in local decision-making. That explains why Washington, D.C.’s license plates include the slogan, “End taxation without representation,” a rallying cry by American colonists against the tyranny of British rule.
The disenfranchisement of hundreds of thousands of D.C. residents is fundamentally un-American and there is no good reason to allow it to continue. There are bogus reasons to oppose statehood, and some Republicans in Congress have been trotting them out now that legislation to admit Washington, D.C. as a statehood bill is moving forward in Congress.
Some claim that Washington, D.C. is too small to be a state. But D.C. has more residents than either Vermont or Wyoming. There are currently six states whose population is less than a million. D.C. pays more federal taxes than 21 states—and more federal taxes per person than any state.
Some make the false claim that it would require a constitutional amendment to make Washington, D.C. a state. Not true. The Constitution clearly gives Congress the authority to admit new states.
That’s how every one of the 37 states that were not initially part of the U.S. have joined the country. The original District of Columbia was created out of land from Maryland and Virginia. In 1846, a good chunk of D.C. was returned to Virginia. No constitutional amendment was required then, and none is required now to admit Washington, D.C. as a new state. Some objections are so idiotic, frankly, that they must be a cover for pure partisanship or worse.
In March, a Heritage Foundation legal fellow testifying before Congress said that D.C. residents shouldn’t get representation in Congress because they can already influence congressional debates by placing yard signs where members of Congress might see them on their way to work. One Republican congressman said (wrongly) that D.C. would be the only state without a car dealership. Another said that D.C. doesn’t have enough mining, agriculture, or manufacturing. Mitch McConnell said the plan to make D.C. a state was evidence of “full bore socialism on the march.”
At least some Republicans are honest about their real reason for opposing statehood:  they just don’t want to let D.C. voters elect Democratic officials who will support progressive policies supported by the majority of the American people.
But that is not a principled position. None of the objections to D.C. statehood hold water, especially when weighed against the basic injustice of disenfranchising hundreds of thousands of people.
Washingtonians have fought in every U.S. war. About 30,000 D.C. residents are veterans. But D.C.’s mayor does not even have the ability that governors have to mobilize its own National Guard—a fact that proved to be deadly during the Jan. 6 Capitol Insurrection.
The bottom line in this: how can we hold ourselves out as a model of democracy when we are the only democratic country in the world that denies representation and self-governance to the people who live in its capital? We can’t.
As the Biden administration recognized in announcing its support for D.C. statehood, it is long past time to correct this injustice. The House of Representatives voted on April 22, to admit Washington, D.C. as a state. Senate leaders must not allow filibuster rules or Republican resistance to prevent Congress from righting this wrong.

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MAYOR LONDON BREED NOMINATES CITY ATTORNEY DENNIS HERRERA TO LEAD THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION

As the new General Manager of the SFPUC, Herrera would bring decades of experience serving San Francisco residents and advancing the fight for significant environmental policies.

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San Francisco, CA — Today Mayor London N. Breed nominated City Attorney Dennis Herrera to serve as the next General Manager of the San Francisco Public Utilities Commission (SFPUC). Herrera was elected as City Attorney of San Francisco in 2001, and will bring decades of experience serving City residents and advancing environmental policies through his nationally-recognized office.
The SFPUC provides retail drinking water and wastewater services to the City of San Francisco, wholesale water to three Bay Area counties, green hydroelectric and solar power to Hetch Hetchy electricity customers, and power to the residents and businesses of San Francisco through the CleanPowerSF program.
“I am proud to nominate Dennis Herrera to serve as General Manager of the San Francisco Public Utilities Commission,” said Mayor Breed. “Dennis has been a great champion in San Francisco across a wide range of issues from civil rights to protecting our environment, and most importantly he has been someone who always puts the people of this City first. By bringing his experience in office and his commitment to public service to this new position, I am confident the SFPUC will be able to deliver the high-quality services our residents deserve while continuing to advance nationally-recognized programs like CleanPowerSF and pursue ambitious efforts like public power. Dennis is the right leader for the hard-working employees of the SFPUC and this City.”
“I will always cherish the groundbreaking work we have done in the City Attorney’s Office over these nearly 20 years,” Herrera said. “We advanced equality for all, pushed affordable housing at every turn, gave our children better opportunities to grow and thrive, and took innovative steps to protect the environment. We never shied from the hard fights. Above all, our approach to government has had an unwavering focus on equity, ethics and integrity.”
“It is that focus that drives me to this new challenge,” Herrera said. “Public service is an honor. When you see a need, you step up to serve. The test of our age is how we respond to climate change. San Francisco’s public utility needs clean, innovative and decisive leadership to meet that challenge. I am ready to take the lead in ensuring that all San Franciscans have sustainable and affordable public power, clean and reliable water, and, overall, a public utility that once again makes them proud. I want to thank Mayor Breed for this unique opportunity to stand up for ratepayers and usher in a new era of clean leadership at the top of the San Francisco Public Utilities Commission.”
The next step for the nomination is for the five-member commission that oversees the SFPUC to interview City Attorney Herrera and forward him as a formal recommendation to the Mayor. After this, and once a contract is finalized, City Attorney Herrera would be officially appointed by the Mayor and confirmed by the Commission. This process will take a number of weeks.
For nearly two decades, Herrera has been at the forefront of pivotal water, power and sewer issues. He worked to save state ratepayers $1 billion during PG&E’s first bankruptcy in the early 2000s and has been a leading advocate for San Francisco to adopt full public power for years. In 2009, he reached a key legal agreement with Mirant to permanently close the Potrero Power Plant, San Francisco’s last fossil fuel power plant. The deal also included Mirant paying $1 million to help address pediatric asthma in nearby communities. In 2017, Herrera sued the top five investor-owned fossil fuel companies in the world, including ExxonMobil and Royal Dutch Shell, seeking billions of dollars for infrastructure to protect San Francisco against sea-level rise caused by their products, including large portions of the SFPUC’s combined sewer and stormwater system.
In 2018, Herrera defeated an attempt to drain Hetch Hetchy Reservoir, the crown jewel of the SFPUC system, which provides emissions-free hydroelectric power and clean drinking water to 2.7 million Bay Area residents. He is also leading efforts before the Federal Energy Regulatory Commission and the courts to fight PG&E’s predatory tactics to grow its corporate monopoly by illegally overcharging public projects like schools, homeless shelters and affordable housing to connect to the energy grid.
Herrera was first elected City Attorney in December 2001, and went on to build what The American Lawyer magazine hailed as “one of the most aggressive and talented city law departments in the nation.”
Herrera’s office was involved in every phase of the legal war to achieve marriage equality, from early 2004 to the U.S. Supreme Court’s landmark rulings in June 2013. Herrera was also the first to challenge former President Trump’s attempts to deny federal funding to sanctuary cities. He repeatedly defeated the Trump administration in different cases as it sought to punish sanctuary cities, deny basic benefits like food stamps to legal immigrants, and discriminate in health care against women, the LGBTQ community and other vulnerable groups. He brought groundbreaking consumer protection cases against payday lenders, credit card arbitrators and others. He also brought pioneering legal cases to protect youth, including blocking an attempt to strip City College of San Francisco of its accreditation and getting e-cigarettes off San Francisco store shelves until they received required FDA approval.

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Leading Black Health Group that Sued FDA Responds to Agency Decision to Ban Menthol Cigarettes

For decades, the industry marketed menthols to our kids and communities with exploitative and discriminatory tactics.

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The African American Tobacco Leadership Council (AATCLC) released the following statement in response to the Food and Drug Administration’s (FDA) decision to ban the sale of menthol cigarettes, which follows the organization’s lawsuit filed against the agency last year: 

“[Thursday’s] decision by the FDA to ban menthol cigarettes is a long-overdue step toward ending years of racialized predation upon African Americans by the tobacco industry. 

    This decision follows the lawsuit we filed against the agency last year and it signals the beginning of the end. We are encouraged but there is still much work ahead.

     For decades, the industry marketed menthols to our kids and communities with exploitative and discriminatory tactics. As we work to confront racism and injustice in all forms, banning menthol cigarettes is one part of the push toward racial justice, health equity, and protecting Black lives. 

     While a ban on menthol cigarettes is progress, there is more work to be done to end tobacco use and protect the health of African Americans. The AATCLC will continue to fight for justice and health equity in our community. We will continue to work to educate the public about the harmful effects of tobacco on Black Americans and African immigrant communities to ensure we enjoy longer and healthier lives.”

      This statement was provided by Keisha N. Brown, president of Lagrant Communications.

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