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Why I Went to Jail on October 5

Sometimes friends have to hold friends accountable.

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Barbed Wire

Sometimes friends have to hold friends accountable. That’s why I got arrested outside the White House on October 5. I was there with other civil rights and religious leaders to call on President Joe Biden to do more to protect voting rights that are under attack.

We know that President Biden supports voting rights. He has called anti-voting laws being passed by Republican state legislators the biggest threat to our democracy since the Civil War. We need him to act like he truly believes those words.

We need a federal voting rights law passed this year. More states are enacting voter suppression. They are abusing the redistricting process to rig future elections and give Republicans more power than they would win in a fair system.

They want to shut Democrats out of power in 2022 and 2024. They want to stop progress that millions of Americans voted for when we put President Biden and Vice President Kamala Harris in the White House—and mobilized to elect Georgia Sens. Raphael Warnock and Jon Ossoff.

We have seen this before.

When Black people and their allies won political power after the Civil War, white supremacists used violence and illegitimate power to reverse that progress. State-level voter suppression was a core tactic of Jim Crow. The solution then, and the solution today, is strong federal voting rights legislation that will override those state laws and prevent new ones from taking effect.

The good news is that the legislation has been written. It has passed the House of Representatives and it has the support of every Democratic senator. If it gets to the White House, President Biden will sign it.

The bad news is that Senate Minority Leader Mitch McConnell and his Republican colleagues are using Senate filibuster rules to keep voting rights from coming up for a vote. This is 2021, not 1921. President Biden and Senate Democrats cannot let McConnell have the final word on voting rights in this country.

In the 1960s, President Lyndon Johnson did not choose between civil rights and his anti-poverty agenda.

He knew the country needed both and he used his mastery of the Senate to get both passed.

That’s what we need from President Biden, who has more experience in the Senate than any president since Johnson. The infrastructure bill is vitally important. So is the Build Back Better agenda.

But we need the White House to devote the same level of urgency to the infrastructure of our democracy. President Biden must lead Senate Democrats in passing voting rights this year—and getting rid of the filibuster if it stands in the way.

We need strong, effective moral leadership both inside and outside the White House at this moment. The civil rights movement of the 1950s and 1960s was a moral movement. It called on Americans to live up to their own ideals as well as to the promises in our founding documents.

It brought the public pressure that compelled LBJ to use the powers of his office to pass civil rights and voting rights legislation.

I was proud to stand outside the White House with so many religious leaders: a Catholic nun representing thousands of her sisters; a Jewish rabbi in whose organization’s office the original Voting Rights Act was drafted; Black Baptist and AME clergy taking their place in the Black church’s long legacy of working for justice. We were joined by representatives of secular social justice and voting rights organizations.

Rev. Timothy McDonald, who pastored in Martin Luther King’s church and who serves as the co-chair of People for the American Way, the organization I lead, led us in singing and prayer and brought powerful words of truth.

I choked up a bit with gratitude for their leadership, and with gratitude for all the members of the movement, including members of my own family, who risked their lives over the years to secure the right to vote for all Americans.

Before I was arrested and spent the night in jail, I delivered a message to President Biden: When the president of the League of Women Voters is willing to risk arrest, when pastors in Dr. King’s lineage are willing to risk arrest, when Catholic nuns are willing to risk arrest to call you to fulfill your promise to make voting rights a top priority, it is time to examine your moral conscience.

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Activism

Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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California Black Media

Commentary: Finding the Right Balance — Addressing Organized Retail Theft While Upholding Civil Liberties

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process. AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld.

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Assemblymember Tina McKinnor (D-Inglewood)
Assemblymember Tina McKinnor (D-Inglewood)

By Assemblymember Tina McKinnor | Special to California Black Media Partners

Organized retail theft is a significant issue that impacts both consumers and businesses. While it is crucial to address theft and protect businesses from losses, we should also be mindful of safeguarding individuals’ constitutional rights, particularly the right to due process.

AB 1990 by Assemblymember Wendy Carrillo, also known as the STOP Act, raises concerns about the balance between addressing theft effectively and ensuring civil liberties are upheld. This bill allows law enforcement officers to make warrantless arrests for shoplifting offenses not witnessed by the officer, as long as there is reasonable cause to believe the individual committed the crime. This bill has a dangerous potential for overreach and infringes on civil liberties, particularly the right to due process.

While the stated intention behind the STOP Act is to combat organized retail theft and protect businesses, there are valid concerns that this bill is an overreach and that existing law works, if properly enforced by our partners in law enforcement. A petty theft involving property stolen valued at $950 or less may be charged as a felony or misdemeanor (called a wobbler) if the offender has the following prior convictions:  1) at least on prior petty or theft-related conviction for which a term of imprisonment was served, and 2) a prior conviction for a serious or violent offense, for any registerable sex offense, or for embezzlement from a dependent adult or anyone over the age of 65.  A misdemeanor can result in a sentence of up to one year in jail, whereas a felon can mean incarceration for 16 months, two years or three years.  Let’s look at shoplifting in California.  It occurs when a suspect enters a store, while that establishment is open, intending to steal property worth less than $950.  The crime is considered a misdemeanor, punishable by up to six months in the county jail.

Granting officers the authority to arrest individuals based on reasonable cause, without witnessing the crime firsthand, can lead to negative consequences and possible violations of individual rights. Probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for the courts to issue a search warrant. A grand jury uses the probable cause standard to determine whether or not to issue a criminal indictment.  The principle behind the probable cause standard is to limit the power of authorities to conduct unlawful search and seizure of a person or its property, and to promote formal, forensic procedures for gathering lawful evidence for the prosecution of the arrested criminal.  Reasonable cause does not require any of this due process and only requires that an officer reasonably believes that a crime has been committed. It is essential to find a middle ground that effectively addresses organized retail theft without compromising the fundamental rights of individuals.

California’s current laws, including the use of witness statements and surveillance evidence are sufficient for addressing suspected shoplifting and organized retail theft. California Attorney General Rob Bonta recently prosecuted Michelle Mack, a suspected organized smash and grab ringleader who paid twelve women to travel around California and commit over $8 million in retail theft at 21 different stores. AG Bonta used California’s current laws to have the suspect arrested and brought to justice.

The State of California is also making significant investments to address retail theft. Just this past year California invested an additional $267 million to combat organized retail theft. It has been less than a year and our law enforcement partners should have the opportunity to address this recent spike in retail theft crime.

Los Angeles County recently applied for and received a grant for the State of California for $15.6 million dollars to address retail theft enforcement.  LA District Attorney George Gascon also recently formed an organized retail task force that partners with LA County Sheriff’s Department, Glendale, Beverly Hills, Burbank, Torrance and Santa Monica Police Departments to integrate their response to retail theft across the region. These collaborative efforts, such as those seen in initiatives like the organized retail task force in LA County, demonstrate the importance of a united approach to tackling theft while maintaining a balance between enforcement and civil liberties.

As we move forward, it is essential for policymakers, law enforcement agencies, businesses and communities to work together in finding solutions that effectively address organized retail theft without encroaching on individual rights. Ongoing evaluation and a commitment to thoughtful consideration will be crucial in navigating this challenge and fostering a safe and prosperous environment for all. Balancing the scales of justice to protect businesses while upholding civil liberties demands a comprehensive and conscientious approach from all stakeholders involved.

I am confident we can find that balance.

About the Author 

Assemblymember Tina McKinnor (D-Inglewood) represents the 61st District in Los Angeles County, which includes parts of the South Bay, Inglewood, Hawthorne and Lawndale.

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Oakland Post: Week of April 10 – 16, 2024

The printed Weekly Edition of the Oakland Post: Week of April 10 – 16, 2024

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