Connect with us

#NNPA BlackPress

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.

Published

on

(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

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

#NNPA BlackPress

Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87

NNPA NEWSWIRE — Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.
The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

Published

on

By Stacy M. Brown
NNPA Newswire Senior National Correspondent

@StacyBrownMedia

Louis Gossett Jr., the groundbreaking actor whose career spanned over five decades and who became the first Black actor to win an Academy Award as Best Supporting Actor for his memorable role in “An Officer and a Gentleman,” has died. Gossett, who was born on May 27, 1936, in Brooklyn, N.Y., was 87. Recognized early on for his resilience and nearly unmatched determination, Gossett arrived in Los Angeles in 1967 after a stint on Broadway.

He sometimes spoke of being pulled over by law enforcement en route to Beverly Hills, once being handcuffed to a tree, which he remembered as a jarring introduction to the racial tensions of Hollywood. In his memoir “An Actor and a Gentleman,” Gossett recounted the ordeal, noting the challenges faced by Black artists in the industry. Despite the hurdles, Gossett’s talent shone brightly, earning him acclaim in groundbreaking productions such as “A Raisin in the Sun” alongside Sidney Poitier. His Emmy-winning portrayal of Fiddler in “Roots” solidified his status as a trailblazer, navigating a landscape fraught with racial prejudice.

According to the HistoryMakers, which interviewed him in 2005, Gossett’s journey into the limelight began during his formative years at PS 135 and Mark Twain Junior High School, where he demonstrated early leadership as the student body president. His passion for the arts blossomed when he starred in a “You Can’t Take It With You” production at Abraham Lincoln High School, catching the attention of talent scouts who propelled him onto Broadway’s stage in “Take A Giant Step.” His stellar performance earned him the prestigious Donaldson Award for Best Newcomer to Theatre in 1952. Though initially drawn to sports, Gossett’s towering 6’4” frame and athletic prowess led him to receive a basketball scholarship at New York University. Despite being drafted by the New York Knicks in 1958, Gossett pursued his love for acting, honing his craft at The Actors Studio under the tutelage of luminaries like John Sticks and Peggy Fury.

In 1961, Gossett’s talent caught the eye of Broadway directors, leading to roles in acclaimed productions such as “Raisin in the Sun” and “The Blacks,” alongside legends like James Earl Jones, Cicely Tyson, Roscoe Lee Brown, and Maya Angelou. Transitioning seamlessly to television, Gossett graced small screens with appearances in notable shows like “The Bush Baby” and “Companions in Nightmare.” Gossett’s silver screen breakthrough came with his role in “The Landlord,” paving the way for a prolific filmography that spanned over 50 movies and hundreds of television shows. From “Skin Game” to “Lackawanna Blues,” Gossett captivated audiences with his commanding presence and versatile performances.

However, his portrayal of “Fiddler” in Alex Haley’s groundbreaking miniseries “Roots” earned Gossett critical acclaim, including an Emmy Award. The HistoryMakers noted that his golden touch extended to the big screen, where his role as Sergeant Emil Foley in “An Officer and a Gentleman” earned him an Academy Award for Best Supporting Actor, making him a trailblazer in Hollywood history.

Beyond the glitz and glamour of Hollywood, Gossett was deeply committed to community activism. In 1964, he co-founded a theater group for troubled youth alongside James Earl Jones and Paul Sorvino, setting the stage for his lifelong dedication to mentoring and inspiring the next generation. Gossett’s tireless advocacy for racial equality culminated in the establishment of Eracism, a nonprofit organization dedicated to combating racism both domestically and abroad. Throughout his illustrious career, Gossett remained a beacon of strength and resilience, using his platform to uplift marginalized voices and champion social change. Gossett is survived by his children, Satie and Sharron.

The post Beloved Actor and Activist Louis Cameron Gossett Jr. Dies at 87 first appeared on BlackPressUSA.

Continue Reading

#NNPA BlackPress

COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration

WASHINGTON INFORMER — The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration.
The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

Published

on

By

By Kaili Moss and Jillian Burford | Washington Informer

Mayor Bowser has signed the “Secure DC” omnibus bill passed by the D.C. Council last month. But we already know that this bill will be disastrous for all of D.C., especially for Black and brown residents.

While proponents claim that this legislation “will make D.C. residents safer and more secure,” it actually does nothing to address the root of the harm in the first place and instead maintains a cycle of violence, poverty, and broken community ties. The omnibus bill calls for increased surveillance, drug-free zones, and will expand pre-trial detention that will incarcerate people at a significantly higher rate and for an indeterminate amount of time before they are even tried. This bill will roll back decades of nationwide policy reform efforts and initiatives to keep our communities safe and whole, which is completely contradictory to what the “Secure” D.C. bill claims it will do.

What is unfolding in Washington, D.C., is part of a dangerous national trend. We have seen a resurrection of bad crime bills in several jurisdictions across the country — a phenomenon policy experts have named “zombie laws,” which are ineffective, costly, dangerous for communities of color and, most importantly, will not create public safety. Throwing more money into policing while failing to fund preventative measures does not keep us safe.

The D.C. crime bill and so many others like it are reminiscent of the ‘94 crime bill, which produced new and harsher criminal sentences, helped deploy thousands of police and surveilling methods in Black and brown communities, and incentivized more states to build prisons through a massive infusion of federal funding. While it is not at the root of mass incarceration, it significantly accelerated it, forcing a generation of Black and brown families into a never-ending cycle of state-sanctioned violence and incarceration. Thirty years later, despite spending billions each year to enforce these policies with many of these provisions remaining in effect, it has done very little to create long-term preventative solutions. Instead, it placed a permanent moving target on the backs of Black people, and the D.C. crime bill will do the same.

The bill calls for more pretrial detention. When our loved ones are held on pretrial detention, they are held on the presumption of guilt for an indeterminate amount of time before ever seeing a judge, which can destabilize people and their families. According to experts at the Malcolm Weimer Center for Social Policy at Harvard University, just one day in jail can have “devastating consequences.” On any given day, approximately 750,000 people are held in jails across the nation — a number that beats our nation’s capital population by about 100,000. Once detained, people run the risk of losing wages, jobs, housing, mental and health treatments, and time with their families. Studies show that pretrial detention of even a couple of days makes it more likely for that person to be rearrested.

The bill also endangers people by continuing a misguided and dangerous War on Drugs, which will not get drugs off the street, nor will it deter drug use and subsequent substance use disorders (SUDs). Drug policies are a matter of public health and should be treated as such. Many states such as Alabama, Iowa and Wisconsin are treating the current fentanyl crisis as “Crack 2.0,” reintroducing a litany of failed policies that have sent millions to jails and prisons instead of prioritizing harm reduction. Instead, we propose a simple solution: listen to members of the affected communities. Through the Decrim Poverty D.C. Coalition, community members, policy experts and other stakeholders formed a campaign to decriminalize drugs and propose comprehensive legislation to do so.

While there are many concerning provisions within the omnibus bill, car chases pose a direct physical threat to our community members. In July 2023, NBC4 reported that the D.C. Council approved emergency legislation that gave MPD officers the ability to engage in vehicular pursuits with so-called “limited circumstances.” Sgt. Val Barnes, the head of MPD’s carjacking task force, even expressed concern months before the decision, saying, “The department has a pretty strict no-chase policy, and obviously for an urban setting and a major metropolitan city, that’s understandable. If our law enforcement officers themselves are operating with more concern than our elected officials, what does it say about the omnibus bill’s purported intention to keep us safe?

And what does it mean when the risk of bodily harm is posed by the pursuit itself? On Saturday, Feb. 10, an Eckington resident had a near-miss as a stolen car barreled towards her and her dog on the sidewalk with an MPD officer in pursuit. What responsibility does the city hold if this bystander was hit? What does restitution look like? Why are our elected officials pushing for MPD officers to contradict their own policies?

Just a few summers ago during the uprisings of 2020, we saw a shift in public perspectives on policing and led to legislation aimed at limiting police power after the highly-publicized murders of loved ones Breonna Taylor and George Floyd — both victims of War on Drugs policing and the powers gained from the ’94 crime bill. And yet here we are. These measures do not keep us safe and further endanger the health of our communities.  Studies show that communities that focus on harm reduction and improving material conditions have a greater impact on public safety and community health. What’s missing in mainstream conversations about violent crime is the violence that stems from state institutions and structures that perpetuate racial and class inequality. The people of D.C. deserve to feel safe, and that includes feeling safe from the harms enacted by the police.

Kaili Moss is a staff attorney at Advancement Project, a national racial justice and legal organization, and Jillian Burford is a policy organizer at Harriet’s Wildest Dreams.

The post COMMENTARY: D.C. Crime Bill Fails to Address Root Causes of Violence and Incarceration first appeared on BlackPressUSA.

Continue Reading

#NNPA BlackPress

Mayor, City Council President React to May 31 Closing of Birmingham-Southern College

THE BIRMINGHAM TIMES — “This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”
The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

Published

on

By

By Barnett Wright | The Birmingham Times

Birmingham-Southern College will close on May 31, after more than a century as one of the city’s most respected institutions.

“This is a tragic day for the college, our students, our employees, and our alumni, and an outcome so many have worked tirelessly to prevent,” Rev. Keith Thompson, chairman of the BSC Board of Trustees said in an announcement to alumni. “We understand the devastating impact this has on each of you, and we will now direct our efforts toward ensuring the smoothest possible transition for everyone involved.”

There are approximately 700 students enrolled at BSC this semester.

“Word of the decision to close Birmingham Southern College is disappointing and heartbreaking to all of us who recognize it as a stalwart of our community,” Birmingham Mayor Randall Woodfin said in a statement. “I’ve stood alongside members of our City Council to protect this institution and its proud legacy of shaping leaders. It’s frustrating that those values were not shared by lawmakers in Montgomery.”

Birmingham City Council President Darrell O’Quinn said news of the closing was “devastating” on multiple levels.

“This is devastating for the students, faculty members, families and everyone affiliated with this historic institution of higher learning,” he said. “It’s also profoundly distressing for the surrounding community, who will now be living in close proximity to an empty college campus. As we’ve seen with other institutions that have shuttered their doors, we will be entering a difficult chapter following this unfortunate development …   We’re approaching this with resilience and a sense of hope that something positive can eventually come from this troubling chapter.”

The school first started as the merger of Southern University and Birmingham College in 1918.

The announcement comes over a year after BSC officials admitted the institution was $38 million in debt. Looking to the Alabama Legislature for help, BSC did not receive any assistance.

This past legislative session, Sen. Jabo Waggoner sponsored a bill to extend a loan to BSC. However, the bill subsequently died on the floor.

Notable BSC alumni include former New York Times editor-in-chief Howell Raines, former U.S. Sen. Howell Heflin and former Alabama Supreme Court Chief Justice Perry O. Hooper Sr.

This story will be updated.

The post Mayor, City Council President React to May 31 Closing of Birmingham-Southern College first appeared on BlackPressUSA.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.