California Black Media

Report: States Must Ban Guns at Places Where People Vote

Voting and elections have become the targets of threats and intimidation as the nation faces a proliferation of guns, more frequent gun violence, and fewer legal protections, noted Brennan Center for Justice and the Giffords Law Center to Prevent Gun Violence in a report released this week.

Published

9 months ago

October 4, 2023

Oakland Post

The U.S. Supreme Court does stipulate that gun restrictions are allowed in what are deemed ‘sensitive’ places, like schools, government buildings and polling places, many states have not confirmed the protection by law. Shutterstock photo.

By Sunita Sohrabji, EMS
Special California Black Media

The proliferation of guns in American homes has increased dramatically since 2008, when the Supreme Court ruled for the first time that the Second Amendment allows U.S. residents to possess an operable handgun in the home for self-defense.

“This was a considerable change from what the court had long held, which was that possessing a firearm had to be related to militia service,” Robyn Sanders, counsel for the Voting Rights and Election Reform Democracy Project at the Brennan Center, told Ethnic Media Services.

The Supreme Court did caution that the rights secured by the Second Amendment are not unlimited; it identified laws that would forbid firearms in sensitive places, such as schools and government buildings. “And so there, while the Supreme Court handed down what was a dramatic decision at that time, it did specify that regulations are still permissible in places that are sensitive,” said Sanders, who co-authored the report.

But the Supreme Court further weakened gun restrictions last year in its ruling on the New York State Rifle & Pistol Association, Inc. vs. Bruen case. The opinion, written by Justice Clarence Thomas, stated that the American public has the right to carry guns in public for self-defense, and that states cannot require applicants to demonstrate a need for owning a gun.

“The decision in Bruen has invited more legal challenges to gun regulations. But the court also explicitly states that sensitive places are places where states can regulate where guns can be carried, and they were unequivocal about polling locations being one of those,” said Sanders.

In a Sept. 20 interview with EMS, Sanders discussed the threat gun violence poses for U.S. elections. “We believe this report served a significant purpose in alerting states that there are ways that they could help to maintain the confidence that voters historically had in our elections as being safe and secure from violence and intimidation,” she said.

Excerpts of Conversation with Sanders:

What types of justifications are states using to allow concealed guns at polling sites and drop-off boxes?

The Supreme Court was unequivocal in its decision in Bruen that prohibiting firearms in polling places is constitutional. And so, while I can’t speak for why states have not filled the voids that we recognize in our report, what I can say is that we are offering policy proposals for states to enact laws that would better protect voters and election officials and workers from threats and help voters and the public remain confident that our elections will continue to be by and large peaceful.

Older adults traditionally account for the majority of election workers. Have you seen a drop-off of older adults choosing to work at the polls, given the uncertainty of protection from violence at those sites?

We were experiencing a global pandemic in 2020. And so there was a downturn in retired or elderly folks serving as election workers due to the vulnerabilities related with COVID -19.

Compared to anything prior, there was dramatically more harassment and threats lodged at election officials and poll workers over the last two election cycles. Poll workers have reported experiences of harassment and threats of abuse in recent years.

Are election workers of color more likely to face harassment, violence and intimidation?

We found that election officials serving what’s known as majority minority jurisdictions were more likely than election officials overall to report having been threatened, having been harassed or abused because of their job. And they were also considerably more likely to be concerned about being assaulted.

This is alarming, it’s concerning, and it’s unacceptable in a democracy.

One out of every 3 election workers have reported harassment or threats, according to the report.

As a result of the shifts in how our electoral process was being carried out, we started to observe trends in elected leaders and others who were spreading disinformation and misinformation about our elections as it relates to various methods of voting, including voting by mail and the use of drop boxes as a result of the uptick in mail voting.

And so based on that climate, we started to see an increase in threats and intimidation and threats of violence being lodged at election workers and officials.

Could you talk about some of your policy recommendations?

One of the key findings in our report is that only 12 states and Washington, D.C. have laws prohibiting open carry and concealed carry at polling places. And even fewer states have laws that prohibit guns where other sensitive election activity occurs drop boxes as well as places like election counting facilities.

And while it is illegal to intimidate voters in all 50 states, neither federal law nor any state law explicitly acknowledges that guns in or around places where people are engaged in voting or conducting election activity can constitute illegal intimidation.

In our report, we offer two main policy proposals. One: we recommend that states enact laws to prohibit guns at and around all sites of voting and vote counting. And we recommend that states strengthen their laws, protecting voters and election workers and officials from intimidation and violence, but explicitly addressing the void that is currently present and addressing the intimidating effect of guns.

I would reiterate to voters that — because our elections have remained by and large peaceful — the proposals that we offer in our report are simply action items that states can take to further strengthen legal protections that are already in place.

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Oakland Post: Week of June 12-18, 2024

The printed Weekly Edition of the Oakland Post: Week of June 12-18, 2024

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2 days ago

June 14, 2024

Oakland Post

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Antonio‌ ‌Ray‌ ‌Harvey‌

More Segregated Than Deep South: ACLU Releases Report on Calif. Public Schools

The 2024 State of Black Education: Report Card was recently published by the American Civil Liberties Union California Action (ACLU California Action). It states that California is the third most segregated state for Black students.  Co-author of the report, policy counsel Amir Whitaker from ACLU Southern California explained the criteria the ACLU use to rank California during the commemoration of the 70th anniversary of the landmark 1954 U.S. Supreme Court decision Brown vs. Board of Education held at the State Capitol the day after the Memorial Day holiday.

Published

2 days ago

June 13, 2024

Oakland Post

Asm. Mia Bonta (D-Alameda) was a guest speaker at the State of Black Education report card briefing at the State Capitol on May 29. CBM Photo by Antonio Ray Harvey.

By Antonio‌ ‌Ray‌ ‌Harvey‌, California‌ ‌Black‌ ‌Media‌

The 2024 State of Black Education: Report Card was recently published by the American Civil Liberties Union California Action (ACLU California Action).

It states that California is the third most segregated state for Black students.

Co-author of the report, policy counsel Amir Whitaker from ACLU Southern California explained the criteria the ACLU use to rank California during the commemoration of the 70th anniversary of the landmark 1954 U.S. Supreme Court decision Brown vs. Board of Education held at the State Capitol the day after the Memorial Day holiday.

“For every state in the Deep South, California (schools) are more segregated,” Whittaker said. “People often think that California is not segregated or unequal as Deep South states and others. The inequalities here (in California) are actually wider.”

New York and Illinois are ahead of California regarding the racial diversity of their student bodies. According to a report May 2022 report by Stanford Graduate School of Education, the Los Angeles, Philadelphia, and New York City school districts are in the top 10 most racially segregated districts for White-Black, White-Hispanic, and White-Asian segregation based on the average levels from 1991-2020.

In bigger school districts, segregation between low-income (students who are eligible for free lunch) and non-low-income students increased by 47% since 1991, according to the Stanford Graduate School’s report.

“That’s why it’s important to look at this data,” Whitaker said. “When you have millions of people living in places like Los Angeles, Chicago, and New York, the urban areas are a lot more segregated than the south. That’s a big part of it.

A number of factors contribute to the segregation of schools in California such as parents sending their children to private schools, others optioning for homeschooling, and other reasons, Whitaker said.

The Brown v. Board of Education case declared that separating children in public schools based on race was unconstitutional. However, Whitaker pointed to cases after the landmark decision that circumvented that federal law.

According to a 2014 report by the Civil Rights Project, in the 1990s, decisions by the U.S. Supreme Court decision ended federal desegregation orders in San Francisco and San Jose. In addition, court decisions in the state that ordered desegregation in the 1970s were overturned by the 1990s. Legally, California has no school integration policy to adhere to.

“This is why we did this report. There needs to be a report just on this issue (of school segregation),” Whitaker told California Black Media. “Right now, there’s no task force or anything addressing it. I have never seen the California Department of Education talk about it. This is a pandemic (and) a crisis.”

ACLU Northern California hosted an overview of the report and panel discussion at the State Capitol on May 29. California Black Legislative Caucus member Assemblymember Mia Bonta (D-Alameda) and Sen. Steven Bradford were the guest speakers. Parents, students, educators, and Black education advocates from all over the state attended the 90-minute presentation at the State Capitol.

School segregation is the No. 1 issue listed in among the report’s “24 areas of documented inequality,” along with problematic trends of racial harassment, a continuous decline of Black student enrollment, school closures, connection with school staff, chronic absenteeism, low Black teacher representation, and parent participation.

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California Black Media

L.A. Pilot Program Addressing Asian American Hate Could Be California Model

Californians who are Asian American or Pacific Islanders (AAPI) were the targets of an escalated number of hate crimes and hate incidents during the COVID-19 pandemic. Many AAPI people, particularly the elderly, reported being too scared to leave their homes. Others experienced firsthand hateful incidents stemming from deep-rooted prejudices and stereotypes — such as verbal or physical assaults in public.

Published

3 days ago

June 13, 2024

Oakland Post

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By McKenzie Jackson, California Black Media

Californians who are Asian American or Pacific Islanders (AAPI) were the targets of an escalated number of hate crimes and hate incidents during the COVID-19 pandemic.

Many AAPI people, particularly the elderly, reported being too scared to leave their homes. Others experienced firsthand hateful incidents stemming from deep-rooted prejudices and stereotypes — such as verbal or physical assaults in public. Yet, too many of them were hesitant to voice their emotions, according to Yu Wang, an associate marriage and family therapist at the Asian Pacific Counseling and Treatment Center in Los Angeles.

“A space for healing is critically needed,” Wang said, also noting that some Asian cultures don’t put a heavy emphasis on sharing feelings and vulnerabilities. “It makes it difficult to talk about experiences related to racism. Also, many of us lack to the language to express emotions, which exacerbates feelings of isolation and fear.”

The Asian/Pacific Islanders (AAPI) Equity Alliance in collaboration with other Asian American community groups recently launched the Healing Our People through Engagement (HOPE) pilot program in Los Angeles County geared at healing racial trauma experienced by Asian American community members by providing healing spaces and reducing isolation. Based on the successes of the initiative, supporters and organizers believe the “culturally centered” program could become a model for other cities around the state.

Ethnic Media Services hosted an hourlong Zoom press conference on the last day of May, which was AAPI Heritage Month, to allow HOPE program facilitators and allies the opportunity to provide details of the initiative to the media.

HOPE is a healing space for five distinct Asian American communities — Cambodian, Chinese, Filipino, Japanese, and Korean — created to make sense of their experiences with racism and recent surges in hate crimes. The psychology of the program is radical healing, a framework that has aided Black people in dealing with years of prejudice-caused trauma. HOPE is funded by a grant from the California Department of Social Services.

More than 11,000 stories of hate have been reported to the California-based online resource, Stop AAPI Hate, since 2020.

AAPI Managing Director of Programs Michelle Sewrathan Wong called HOPE vital and said Asian Americans endured episodes of brutality on a scale not seen in generations.

“They were scapegoated by politicians for transmission of COVID-19, targeted for violent physical attacks, made to feel unsafe and unwelcome in their own communities and bullied and ridiculed by neighbors and strangers,” she stated.

HOPE opened healing spaces in Los Angeles County that offer six two-hour sessions conducted in groups by facilitators, who are staff from partner community organizations.

DePaul University Associate Professor of Psychology Dr. Anne Saw said the radical healing framework promotes healing over coping.

“Healing may be lifelong because racism is ongoing, yet a program like ours reminds people of the cultural, community, family, and individual strengths they have to resist racism,” Saw said. We believe that healing in a group can be more powerful than an individual engaging in healing on their own because of the support they receive.”

This resource is supported in whole or in part by funding provided by the State of California, administered by the California State Library in partnership with the California Department of Social Services and the California Commission on Asian and Pacific Islander American Affairs as part of the Stop the Hate program. To report a hate incident or hate crime and get support, go to CA vs Hate.