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OPD Must Seek Ways to Avoid Deadly Force, Says Federal Monitor

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Independent Monitor Robert Warshaw, federal Judge Thelton Henderson’s representative in Oakland, is putting a spotlight on police shootings in cases that may be “by the book” and “legally defensible” but result in injuries and deaths that could have been avoided.

 

“Any use of deadly force should serve as an opportunity to look beyond the customary questions of policy compliance and legal justification. The department should consider whether the use of that level of force might have been avoidable – even when the application of that force is consistent with departmental policy,” said Warshaw in his latest update on oversight of the Oakland Police Department, which has been ongoing for 12 years.

 

“Taking seriously the question of whether deadly force could have been avoided is recognition of the value of all human life, and it is a way for the department to not only reflect that principle but also to practice it,” he said.

 

“The loss of life itself demands this higher level of questioning.”

 

Warshaw’s report focuses on a central issue that is being raised by protesters across the country, said police accountability activist Rashidah Grinage, coordinator of the Coalition for Police Accountability.

“The deaths of Eric Garner, (Water Scott) in South Carolina and other places did not have to happen,” she said. “If police policy says otherwise, then policy has to change,” she said.

 

Police departments have to ask themselves not just whether a shooting can be defended legally, but whether it could have been avoided, Grinage said.

 

“Police policy and general orders combined with a certain amount of officer discretion produces a lethal combination, allowing officers to act in ways that are not fair or racially just,” she said.

 

Warshaw’s report also published citywide police stop data for June 2014 to June 2015, which included 27,492 vehicle stops and 7,059 pedestrian stops.

 

Fifty-five percent of the vehicle stops involved African Americans, and they were searched in 23 percent of the cases. However, the percent of searches that resulted in finding something was 32 percent, the lowest recovery rate for any racial group.

 

Sixty-eight percent of the pedestrian stops involved African Americans, and they were searched in 48 percent of the cases. Searches resulted in finding something 26 percent of the time, compared with a recovery rate of 20 percent for whites and 26 percent for Asians.

 

Nineteen percent of vehicle stops involved Latinos, the second highest percentage after African Americans. Police searches resulted in recovering something in 40 percent of the cases.

 

Pedestrian stops for Latinos were second most prevalent – 14 percent of the total. Police searches recovered something in 25 percent of the cases.

 

Twenty-eight percent of Oakland’s population is African American and 25 percent Latino.

 

“Assessments covering the past several reporting periods have verified the presence of sufficient cause for the searches in a high percentage of the cases,” said Warshaw.

 

However, Warshaw said, “We stress the importance of OPD taking steps to ensure to the degree possible, that the process is not only legal, but also seen as legitimate in the eyes of those involved.”

 

According to Grinage, people have to ask themselves why the police are “stopping African Americans more and recovering less.”

 

“What is the decision making behind these stops?” She asked.

 

At present, residents who are on probation or parole are generally subject to stop and search. “If that’s the assumption, maybe that’s a really poor decision,” she said.

 

Grinage said the Oakland Coalition for Police Accountability is currently meeting with city councilmembers and is doing research on a proposition for an independent police oversight commission that will go on the ballot for November 2016.

 

She said that the coalition will ask the council to vote next June to put the proposal on the ballot.

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Not Just a Southern Issue: Advocates Say SCOTUS Voting Rights Decision Has Already Started to Reshape Black Political Power

OAKLAND POST — Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions.

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By Edward Henderson, California Black Media

U.S. Rep. Sydney Kamlager-Dove (D-CA-37), a member of the Congressional Black Caucus (CBC) whose district spans parts of Los Angeles County, joined fellow CBC member U.S. Rep. Troy Carter (D-LA-2) for a May 21 briefing with Black media outlets in California. 

The lawmakers highlighted what they describe as a mounting threat to Black political representation resulting from an April 29 U.S. Supreme Court ruling that weakened key protections under the federal Voting Rights Act.  

Kamlager-Dove and Carter warned that the decision, which narrowed the role of race in redistricting, is already reshaping congressional districts across the South and undermining Black voters’ ability to elect candidates of their choice.

“While we are a super blue state, we have far to go when it comes to Black representation; we tend to take that for granted,” Kamlager-Dove said of California, noting that the Golden State has the fifth largest Black population in the country and only has three Black members of Congress.   

“While I support building coalitions, we have to make sure that as a Black community we are not yielding our power,” she added.

Calling the fight “not unique to the South,” Carter urged Black communities nationwide to recognize the broader implications of the legal and political battles unfolding in Southern legislatures and courtrooms. 

The Supreme Court ruling centers on Section 2 of the Voting Rights Act of 1965, the portion of the law that prohibits voting systems or district maps that dilute the voting strength of racial minorities. For decades, Section 2 allowed civil rights groups to challenge district maps that weakened Black political representation even when lawmakers did not openly state discriminatory intent.

Now, advocates fear that standard has fundamentally changed. 

“You have to have smoking gun evidence,” said Mitchell Brown, senior voting rights counsel at the Southern Coalition for Social Justice, during a recent media briefing hosted by American Community Media on May 15. “Legislators are not going to say the quiet part out loud.” 

The implications could stretch far beyond congressional elections, Brown said.  

Section 2 protections have historically applied not only to U.S. House districts, but also to state legislatures, school boards, county commissions, judgeships, and local governing bodies. Voting rights advocates warn that weakening those protections could reshape political representation throughout the South, particularly in states with large Black populations. 

“This is not just a Southern issue,” said Amir Badat, manager of Black Voters on the Rise and voting special counsel at the NAACP Legal Defense and Educational Fund.

Badat described the current moment as part of a much longer historical pattern. 

Following the Civil War and Reconstruction, constitutional amendments expanded Black citizenship and voting rights across the South, leading to dramatic increases in Black political representation. But those gains were quickly met with violent backlash and the rise of Jim Crow laws designed to suppress Black voting through poll taxes, literacy tests, and other “race-neutral” restrictions. 

“This is the same move,” Badat said.

Advocates also emphasized that the consequences of weakened voting protections extend into everyday life. 

Local elected offices such as school boards, city councils, county commissions, and judgeships often determine funding priorities, public safety policy, education standards, and infrastructure investments.

“These are not abstract numbers,” Badat said. “These have real political consequences and policy consequences on people’s day-to-day lives.” 

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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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