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New Ferguson, Mo. Judge Throws Out Arrest Warrants

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A new municipal court judge in Ferguson, Mo. this week announced he was withdrawing all arrest warrants issued before Jan. 1, 2015, taking an action that should be duplicated and expanded by courts in Oakland and other cities across the country, according to local anti-mass incarceration and civil rights activists.

 

Many of the warrants were for unpaid fines or failure to appear in court for traffic violations

 

“The Ferguson court took a significant step in trying to undo years and decades of a cycle of poverty and incarceration in that city, though it is certainly not all that needs to be done,” said Zachary Norris, executive director of Ella Baker Center for Human Rights in Oakland, which has been involved in campaigns against mass incarceration.

 

Under the court order issued by Ferguson Judge Donald McCullin on Aug. 24, the conditions of pre-trial release were modified, and defendants will be give new court dates along with alternative dispositions, such as payment plans, community service or commuting fines for people without money.

 

“Many individuals whose license has been suspended will be able to obtain them and take advantage of the benefits of being able to drive,” said McCullin. “Moreover, defendants will not be (denied) pre-trial release because of inability to make bond.”

 

In addition, if arrest warrants were issued for a minor traffic violation, the defendants will not be incarcerated but instead released on their own recognizance.

 

All active warrants more than five years old will be withdrawn. In cases where a person’s driver’s license was suspended solely for failure to appear in court or pay a fine, the license will be reinstated pending final disposition.

 

The judge’s ruling is in part a response to a scathing Department of Justice report in March that found Ferguson’s police department and municipal court targeted low-income and minority residents with tickets and fines for minor offenses in order to raise revenue for the city.

 

Ella Baker Center's Zachary Norris

Ella Baker Center’s Zachary Norris

According to the DOJ Report, more than 16,000 people, equal to 70 percent of the city’s population, had outstanding arrest warrants at the end of last year.

 

While the judge’s action was a significant step forward, according to Norris of Ella Baker Center, the reform could not have been won without grassroots activism.

 

“It was a hard-fought victory that comes as a result of community struggle,” said Norris, who said the Organization for Black Struggle in the Saint Louis area made the withdrawal of warrants one of its central demands.

 

“The Organization for Black Struggle has been advocating for changing several of these policies that effectively result in debtors prison (for the poor),” he said.

 

The practice of issuing warrants amounts to a “money-making scheme” that is common in California, affecting as many as one out of six drivers, he said.

 

“Traffic courts drive inequality in California,” he said, referring to the case of one woman who had a $25 traffic ticket and as result of penalties, ultimately owed $2,900.

 

The woman lost her license and her job, ending up on public assistance, he said. “She was consigned to an unending cycle of poverty and incarceration.”

 

In Oakland, Norris continued, “We need to end the practice of suspending licenses for traffic tickets, taking away people’s way to continue with their jobs.”

 

The city also needs “deep and meaningful pretrial reform,” said Norris, noting that 75 percent of people in the Alameda County jail have been convicted of nothing.

 

“They are charged with something and can’t make bail,” which means they lose their jobs and disrupt family relationships, he said.

 

Local judges should take up the challenge to make these same reforms, said Oakland civil rights attorney and activist Walter Riley.

 

“Oakland judges need to look at this kind of example,” he said. “The judge in Ferguson has recognized some of the inequities and has taken the responsibility to do something about it.”

 

This cycle of arrests, fines and jailing are an element of mass incarceration, said Riley, the continuous adverse impact of the criminal justice system of people without money, particularly on African Americans.

 

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Rest in Peace: A.M.E. Pastor and L.A Civil Rights Icon Cecil “Chip” Murray Passes

The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94. “Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

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The Rev. Dr. Cecil L. “Chip” Murray, former pastor of First African Methodist Episcopal Church (FAME) in Los Angeles, died of natural causes April 6 at his Windsor Hills Home. He was 94.

“Today, we lost a giant. Reverend Dr. Cecil Murray dedicated his life to service, community, and putting God first in all things. I had the absolute honor of working with him, worshiping with him, and seeking his counsel,” said Los Angeles Mayor Karen Bass of the dynamic religious leader whose ministry inspired and attracted millionaires as well as former gang bangers and people dealing with substance use disorder (SUD).

Murray oversaw the growth of FAME’s congregation from 250 members to 18,000.

“My heart is with the First AME congregation and community today as we reflect on a legacy that changed this city forever,” Bass continued.

Murray served as Senior Minister at FAME, the oldest Black congregation in the city, for 27 years. During that time, various dignitaries visited and he built strong relationships with political and civic leaders in the city and across the state, as well as a number of Hollywood figures. Several national political leaders also visited with Murray and his congregation at FAME, including Presidents George W. Bush and Bill Clinton.

Murray, a Florida native and U.S. Air Force vet, attended Florida A&M University, where he majored in history, worked on the school newspaper and pledged Alpha Phi Alpha Fraternity.  He later attended Claremont School of Theology in Los Angeles County, where he earned his doctorate in Divinity.

Murray is survived by his son Drew. His wife Bernadine, who was a committed member of the A.M.E. church and the daughter of his childhood pastor, died in 2013.

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Court Throws Out Law That Allowed Californians to Build Duplexes, Triplexes and RDUs on Their Properties

Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional. Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

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Charter cities in California won a lawsuit last week against the state that declared Senate Bill (SB) 9, a pro-housing bill, unconstitutional.

Passed in 2021, SB 9 is also known as the California Housing Opportunity and More Efficiency Act (HOME). That law permits up to four residential units — counting individual units of duplexes, triplexes and residential dwelling units (RDUs) – to be built on properties in neighborhoods that were previously zoned for only single-family homes.

A Los Angeles Superior Court Judge ruled in favor of the cities, pointing out that SB 9 discredited charter cities that were granted jurisdiction to create new governance systems and enact policy reforms. The court ruling affects 121 charter cities that have local constitutions.

Attorney Pam Lee represented five Southern California cities in the lawsuit against the state and Attorney General Rob Bonta.

“This is a monumental victory for all charter cities in California,” Lee said.

However, general law cities are excluded from the court ruling as state housing laws still apply in residential areas.

Attorney General Bonta and his team are working to review the decision and consider all options that will protect SB 9 as a state law. Bonta said the law has helped provide affordable housing for residents in California.

“Our statewide housing shortage and affordability crisis requires collaboration, innovation, and a good faith effort by local governments to increase the housing supply,” Bonta said.

“SB9 is an important tool in this effort, and we’re going to make sure homeowners have the opportunity to utilize it,” he said.

Charter cities remain adamant that the state should refrain from making land-use decisions on their behalf. In the lawsuit, city representatives argued that SB 9 eliminates local authority to create single-family zoning districts and approve housing developments.

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Funds for Down Payments and Credit Repair Given to Black First Time Homebuyers

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood. Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

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By McKenzie Jackson, California Black Media

The California Civil Rights Department (CRD) won a $10,000 fair housing settlement last November against a property management company, CIM Group LP, a global real estate company headquartered in Los Angeles, and property owner, RACR Sora, LLC, for implementing a blanket ban on renting to tenants with criminal histories at Sora Apartments in Inglewood.

Three months earlier, the department, which enforces California’s civil rights laws, won another $20,000 civil rights settlement against a Lemon Grove property manager, who had targeted a Black tenant with a series of racist actions and threats of violence.

CRD Director Kevin Kish said the department investigates cases of apparent racial bias in housing and sometimes more subtle acts of prejudice like nuisance-free or crime-free housing policies or holding tenants to different standards based on their race.

Kish said, “People will get evicted if they call the police. This can negatively impact victims of domestic violence. We also see these no-crime ordinances, or no-crime policies, used in racially discriminatory ways. If there is some kind of incident, and the police are called and it involves a Black family, then they get evicted, but other folks aren’t necessarily evicted.”

On April 11,1968, a week after Rev. Dr. Martin Luther King, Jr. was assassinated, President Lydon B. Johnson signed the Fair Housing Act, which prohibits discrimination in the sale, rental, and financing of housing based on race, color, religion, and nationality.

Kish noted that William Byron Rumford, the first Black California State Assemblymember, who represented Berkley and Oakland, spearheaded the passing of the Rumford Act in 1963. That law sought to end discriminatory housing practices in the Golden State, five years before the Fair Housing Act became law.
Real estate agent and housing advocate Ashley Garner is the director of the CLTRE Keeper Home Ownership program. That organization gave 25 Black, indigenous, and people of color $17,500 each in down payment and credit repair support to purchase a home in Oak Park, a traditionally Black neighborhood in Sacramento, last fall. CLTRE obtained a $500,000 grant from the city of Sacramento to award the funds to the residents after they completed an eight-week homeownership program.

In 2021, the California Housing Finance Agency (CalHFA) noted that around four in 10 Black California families owned homes, which trails that of White, Asian-American and Latinos.
According to Forbes, the median price for a home in California is over $500,000, which is double the cost of a home in the rest of the country.

Black lawmakers recently introduced their Reparations Priority Bill Package that includes support for Black first-time homebuyers, homeowners’ mortgage assistance and property tax relief for neighborhoods restricted by historic redlining.

California Housing Finance Agency (CalHFA) spokesperson Eric Johnson said CalHFA helps prospective low-income and moderate-income Californians purchase homes by offering down payment and closing cost aid. “There are lots of people who have steady jobs, good credit scores, constant income, but they haven’t been able to save up the money that traditional banks need or want to see for a down payment,” Johnson stated. “We help those folks out. We give a loan for the down payment to get them over that hurdle.”
CRD and the Department of Real Estate hosted “Fair Housing Protections for People with Criminal Histories” Zoom call on April 10.

On April 25, CRD will also hold Zoom seminars focused on advocating for fair housing for people with disabilities.

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