Do not circulate graphic videos of police brutality.

But race is a social construct, and social constructs have social histories. Our The first place generating criticism is in financial commitments. Companies in the U.S. pledged a collective $50 billion to various racial initiatives (Financial Times), an unprecedented response to social issues (Washington Post). But, research indicates that only $250 million has actually been spent or committed to a specific initiative (Financial Times). William Cunningham, the chief executive of Creative Investment Research, who published the study, notes that until those funds are actually spent, there’s no reason they couldn’t be retracted or allocated to another initiative. Another survey found that tech companies that made commitments have 20% fewer Black employees on average than those that didn’t (Bloomberg), adding more skepticism to some organizations’ intentions.

Happy Tuesday and welcome back to the newsletter. This was never meant to be a newsletter that lasted a year. I was in a lot of pain when I started this project. It felt like the whole world woke up to the violence that white supremacy has wielded for generations. I pledged to send one email each day because we know that this work isn't solved with one action. This world won't change from reactions, but a collective, persistent investment today, tomorrow, and the day after, too. Today is a reflection on the ongoing conversations on the role of graphic videos in public discourse.

Thank you to everyone that makes this work possible, particularly the ones that have been here since the start. We won't stop until we're all free. If you want to support, give $7/month on Patreon. Or you can give one-time on our website or PayPal. You can also support us by joining our curated digital community.

Nicole

TAKE ACTION

Join the George Floyd Remembrance Virtual Day of Action by participating in any of the action items listed on the campaign page.
Donate to Yes 4 Minneapolis, a Black-led campaign to replace the Minneapolis Police Department with a new Department of Public Safety.
Use the resources created by the Witness Media Lab when considering posting or sharing videos of police brutality.
If you feel resourced, reflect on what you’ve learned – and unlearned – about the fight for racial equity over the past year. How can you continue to advocate for change? Use this article for guidance on identifying your role in your community.

GET EDUCATED

By Nicole Cardoza (she/her)

One year ago, George Floyd was murdered by a member of the Minneapolis Police Department. A video of his death, recorded by then 17-year-old Darnella Frazier, generated tens of millions of views in the following days and has been shared repeatedly across this past year, reigniting the everlasting fight for racial equity (NowThis). It’s undeniable that the video, and the conversation that sparked from it, fundamentally shifted society. It’s also re-ignited discussions on the role of violent videos available for public consumption, particularly regarding their impact on communities of color.

Note: this is different than advocating for the release of bodycam videos to the public. Bodycam footage, designed to hold police officers accountable while on the job, should never be withheld from a victim’s family and community.

But violence against Black people has also been used as a commodity, bartered and sold throughout time. I can’t help but think about how, just decades ago, lynchings were treated as a public attraction. Crowds would gather to partake in festivities surrounding the unjust killing, posing for photographs and taking home pieces of the person’s corpse as “souvenirs.” Postcards would be created and distributed as lasting memories. Learn more in a previous newsletter. Videos taken by police bodycams and shared widely have a similar feeling; digital souvenirs of violence protected by social and political norms.

But user-generated videos, like the one recorded by Frazier, have a different intent. Although still difficult to watch, they’re the recordings of what an everyday person was forced to bear witness to, individuals rendered helpless in the face of violence. Recording a conflict can be a form of bystander intervention when other options are limited. And social movements across time have been sparked by marginalized communities leveraging whatever channel they can to ensure their voices are heard. In this case, user-generated videos are journalism, a testament to the stories that define generations.

Author and professor Allissa Richardson, who advocates for citizen journalism and encourages everyone to consider their role in documenting the world around them, refers to it as sousveillance. This is the opposite of surveillance, created by body cameras, security cameras, and other public, often state-sanctioned forms of recordings. Sousveillance is people capturing stories with their own devices (usually smartphones) that will likely counter or disprove the facts presented by those with more power and privilege (Nieman Lab).

It’s no surprise that journalism leaders are calling for Darnella Frazier to receive the Pulitzer Prizes in Public Service for the video she recorded that changed the world, undoubtedly exemplifying content that “roots out corruption and contributes to the public good” (Nieman Lab).

Regardless of their intention, though, these assets need to be shared with sensitivity, as they exacerbate the trauma that people of color experience regularly. A study found that 20% of Black people who watch a video are “significantly affected” by it, experiencing lasting effects, including stress, anxiety, post-traumatic stress disorders, or vicarious PTSD (Yahoo). These only elevate the race-based trauma that people of color experience in their daily lives (PBS). In an article written by Arionne Nettles, Alfiee Breland-Noble, the founder and director of mental health organization AAKOMA Project, notes how Black adolescents deal with vicarious trauma from watching the videos (ZORA).

“

Instead, cellphone videos of vigilante violence and fatal police encounters should be viewed like lynching photographs — with solemn reserve and careful circulation.

Allissa Richardson, assistant professor at the University of Southern California’s Annenberg School for Communications and Journalism, 2021 fellow at the Berkman Klein Center for Internet and Society at Harvard University, and author of Bearing Witness While Black: African Americans, Smartphones, and the New Protest Journalism, for Nieman Labs.

Leon Ford, who was shot and paralyzed by a police officer during a traffic stop in 2012, also urges us to consider the individuals and families of the victims. “These people have children. These people have cousins, aunts, uncles, grandparents, who can’t live a normal life...even though I don't watch those videos, I can feel that energy. When I see somebody posting, I scroll past it. It still sticks to me” (Yahoo).

Some will argue that it’s necessary to share because we will never be able to fight for justice without them. But what does it say about us that justice can only be pursued for the most atrocious cases, and only if they were captured on video and circulated broadly enough to create public outcry? Why is justice only justified when the crime is warranted worthy of national attention? Most urgently, when will we take action not to share, but change the social conditions to ensure that these instances never happen again?

That will take us changing our behavior. We must channel immediate outrage into a persistent commitment to long-term change. Media platforms are taking note; more have chosen not to post the videos on their social media feeds and create multiple news articles highlighting the event – one including the video footage, one without. And as individuals, we can do the same. Instead of sharing to elicit strong emotions like shock or disgust, consider sharing the information sans video. More importantly, we recommend sharing proactive ways your community can address policing and public safety issues, like upcoming city council meetings or alternatives to calling the police. It’s action – not awareness – that will prevent these videos in the future.

Key Takeaways

The U.S. has a long history of distributing assets depicting violence on marginalized bodies
The circulation of police violence videos often exacerbate stress, anxiety, vicarious trauma and PTSD in the Black community
We need to evolve beyond sharing for shock and awe and take action for solidarity

8/26/2020 | Be an active bystander.

6/4/2020 | Don't tell Black people how to respond.

PLEDGE YOUR SUPPORT

Thank you for all your financial contributions! If you haven't already, consider making a monthly donation to this work. These funds will help me operationalize this work for greatest impact.

Subscribe on Patreon | Give one-time on PayPal | Venmo @nicoleacardoza

Nicole Cardoza 4/21/21 Nicole Cardoza 4/21/21

Unpack the Derek Chauvin trial.

For the past month, Derek Chauvin has been on trial for the murder of George Floyd. Finally, the verdict is out. Chauvin faced three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. To convict Chauvin, the prosecution needed to show each charge beyond a reasonable doubt. The prosecution did not need to prove that Chauvin intended to kill George Floyd to convict him of the charges.

Happy Wednesday and welcome back to the Anti-Racism Daily. After a tense month, the Derek Chauvin trial has finally come to an end. For the first time in Minnesota state history, a white police officer has been held accountable for killing a Black man. It shouldn’t have had to take a video recorded by a 17-year-old girl, a summer of national protests, and months of intense pressure by the family and organizers for this trial to occur. Remember that true justice would mean George Floyd is still alive. Brutality like this cannot be reformed. Today, The George Floyd Memorial Foundation joins us to review the details of the trial and its impact. The details below indicate how so many other charges against law enforcement in the past have been dismissed or discredited.

Our Earth Week series, "This is our home," starts tomorrow! Subscribe to learn from youth environmental justice leaders addressing the biggest climate threats of our time. thisisourho.me.

This newsletter is a free resource and that's made possible by our paying subscribers. Consider giving $7/month on our website or Patreon. Or you can give one-time on our website or PayPal. You can also support us by joining our curated digital community. Thank you to all those that support!

Nicole

TAKE ACTION

Support The George Floyd Memorial Foundation’s current initiatives by donating to the organization or purchasing a Justice for George “Be the Change” T-Shirt.
Follow @justiceforgeorge on Instagram for updates on the upcoming trial for other officers responsible for the murder of George Floyd.
Learn about The George Floyd Memorial Foundation’s current initiatives, including providing scholarships to diverse youth and internship opportunities to college-aged Black men.

GET EDUCATED

By The George Floyd Family Foundation

For the past month, Derek Chauvin has been on trial for the murder of George Floyd. Finally, the verdict is out.

Chauvin faced three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. To convict Chauvin, the prosecution needed to show each charge beyond a reasonable doubt. The prosecution did not need to prove that Chauvin intended to kill George Floyd to convict him of the charges.

Throughout the trial, groundbreaking developments came to light, such as confirmation that Chauvin pinned Floyd down for 9 minutes and 29 seconds, not the well-known 8 minutes and 46 seconds, and confirmation that George Floyd did not attempt to flee the scene before the incident.

Cause of Death Confirmed: The official autopsy for George Floyd declares his death a HOMICIDE, caused by cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. Drug use and heart disease were "contributing conditions" but "not direct causes" (The New York Times 1). Dr. Martin Tobin, a medical expert testifying in the trial, confirmed, "A healthy person subjected to what Mr. Floyd was subjected to would have died” (The New York Times 2).

While the prosecution provided significant evidence proving that George Floyd died from homicide, the defense continued to spread misinformation, blaming George and his health conditions for his death, blatantly ignoring and undermining evidence and witness/expert testimony.

In light of the defense’s strategy to confuse and mislead the jury and the public, let’s review Fact vs. Fiction regarding the trial of Derek Chauvin:

FICTION: George Floyd died from a drug overdose.

FACT: Dr. Martin Tobin, a pulmonologist who took the stand, confirmed that George Floyd could not have died from a drug overdose, telling the jury, “Mr. Floyd appeared to be breathing at a normal rate before he became unconscious… Had he been overdosing on fentanyl, his rate of breathing would have slowed” (The New York Times 2).

FICTION: If George Floyd was able to speak, he must have had enough oxygen.
FACT: Dr. Tobin clarified to the jury that while George Floyd could speak, that does not mean that he had enough oxygen. “During the arrest, a police officer told Mr. Floyd that he seemed to have enough oxygen because he was able to tell officers that he couldn’t breathe. Dr. Tobin said that a person might be taking in enough oxygen to speak, but not enough to survive. They can be alive and talking one moment, and dead just seconds later, he said” (The New York Times 2).

FICTION: George Floyd suffered from “excited delirium.”

FACT: Dr. Bill Smock, an expert witness of the prosecution and Louisville Metro Police Department surgeon, confirmed that George Floyd did not die of excited delirium, “a term used to describe someone who has become aggressive or distressed from a mental illness or drug use (The New York Times 2). Dr. Smock explained to the jury, “The term has been disproportionately applied to Black people and has been used by law enforcement to justify police brutality.”

During the trial, numerous members of law enforcement testified against the actions of Derek Chauvin, confirming his actions were “uncalled for” and not in line with policy or training. Minneapolis Police Chief Medaria Arradondo even testified that Chauvin violated policy. Use-of-force expert Sgt. Jody Stiger testified that Chauvin used “deadly force” when “no force should have been used” (The New York Times 3). The willingness for active members of law enforcement to come forward and speak out against a fellow officer led some, including Minneapolis Civil Rights Attorney and former NAACP Chapter President Nekima Levy Armstrong, to believe that the “Blue Wall of Silence,” also known as the “‘no snitching’ code for cops,” collapsed during the trial (NowThis News). Others believe this to be an isolated distancing from one cop rather than a systemic shift in norms amongst law enforcement.

In Closing Arguments, the prosecution reminded the jury that George Floyd is “not on trial here,” after weeks of the defense attempting to put George and his past on trial for the scrutiny of the jury and the world (The Hill). In this, we are reminded that George Floyd, his health, and his past are, in fact, not of concern here. What is on trial is Derek Chauvin’s decision to apply deadly force to George Floyd for 9 minutes and 29 seconds.

The Verdict: Derek Chauvin has officially been found guilty for the murder of George Floyd and has been convicted of all three of the charges. Chauvin’s bond has been revoked and he will remain in custody until sentencing in eight weeks. He faces up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter.

While nothing can erase the pain that the Floyd family has incurred as a result of this tragedy, this conviction represents a major milestone in holding this system accountable.

Key Takeaways

Derek Chauvin was found guilty for the murder of George Floyd and was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.
Derek Chauvin is in custody and will face sentencing in eight weeks.
As confirmed in the official autopsy report, George Floyd died due to cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression from HOMICIDE. Compounding factors include heart disease and drug use, meaning that neither heart disease NOR drug use caused his death.
The three other ex-officers responsible for the murder of George Floyd will go on trial in August 2021.

PLEDGE YOUR SUPPORT

Nicole Cardoza 4/14/21 Nicole Cardoza 4/14/21

Abolish qualified immunity.

The death has been referred to as an “accidental discharge.” But there is nothing accidental about the death of an unarmed Black man by law enforcement. Our system is designed to maximize interactions between Black and brown people and police officers, which all but ensures that harm will happen. This is enforced through the practice of over-policing, initiatives that have justified increased levels of policing for the sake of the greater good, but often with adverse consequences (Scientific American).

Happy Wednesday and welcome back to the Anti-Racism Daily. Our previous two newsletters both depict the atrocities of our criminal justice system, emphasizing that abolition is the only way forward. Qualified immunity is part of that narrative, too, and garnering more attention this month. Today I thought it would be wise to revisit its history and context in current events.

This newsletter is a free resource and that's made possible by our paying subscribers. Consider giving $7/month on our website or Patreon. Or you can give one-time on our website or PayPal. You can also support us by joining our curated digital community. Thank you to all those that support!

Nicole

TAKE ACTION

Encourage your local Congresspeople to sponsor the BREATHE Act, which includes the support of ending qualified immunity in alignment with the Ending Qualified Immunity Act.
Send a letter to your Senators to support the “Ending Qualified Immunity Act”.
Research to see what the latest efforts are to ending qualified immunity in your state.

GET EDUCATED

By Nicole Cardoza (she/her)

The latest series of body camera videos released in conjunction to police brutality have reignited conversations about the role of qualified immunity in holding law enforcement accountable.

Some members of law enforcement act like the law don’t apply to them. And because of qualified immunity, they're kind of right. Qualified immunity means that government officials are shielded from charges that violate constitutional and civil rights – unless the victims can prove that these rights were “clearly established law.” This means that in order to charge the perpetrator, the victim must first find an exact same example of the case that's already been ruled illegal or unconstitutional to establish its legitimacy (USA Today).

Still confused? Here's a TikTok video that demonstrates it more simply. Bless TikTok creators.

Here's a real-life example. In February 2020, the 5th Circuit U.S. Court of Appeals held that a prison guard in Texas who pepper-sprayed an inmate in his locked cell “for no reason” did not violate clearly established law because similar cited cases involved guards who had hit and tased inmates "for no reason,” rather than pepper-spraying them (USA Today). The full report notes that if the victim was punched or hit by a baton "for no reason" the assault would violate clearly established law (PDF).

Another example is the story of Malaika Brooks, a Black woman who was seven months pregnant and pulled over for speeding while dropping her 11-year-old off at school. She refused to sign the speeding ticket (mistakenly thinking it was an acknowledgment of guilt). She was then tased three times, dragged into the street, pressed facedown into the ground, and cuffed (NYTimes). Although the judges saw that her constitutional rights were violated, they dismissed the case, arguing that "no precedent had 'clearly established' that tasing a woman in Ms. Brooks’s circumstances was unconstitutional at the time" (NYTimes).

This creates a paradoxical situation: how can we starting holding law enforcement accountable if their specific violations haven't been held accountable in the past? Justices are allowed to interpret "clearly established law" as specifically as they choose. And what's worse – the more egregious the violation, the more likely it doesn't fit neatly into a previous case. It's no surprise that, according to George F. Will, the Supreme Court, applying its “clearly established law” doctrine, has denied immunity only twice in its past 30 cases (Washington Post). There are dozens and dozens of examples just like the ones above, preventing citizens from holding police accountable for harm.

"
Important constitutional questions go unanswered precisely because those questions are yet unanswered. Courts then rely on that judicial silence to conclude there’s no equivalent case on the books. No precedent = no clearly established law = no liability. An Escherian Stairwell. Heads defendants win, tails plaintiffs lose.

Judge Don Willett, U.S. Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit, in The New Republic

The government had to act, so it passed the Ku Klux Klan Act, granting it more power to intervene against violations of the 14th Amendment (house.gov). Within it, Section 1983 gave private citizens the ability to sue state and local officials who were violating federal constitutional rights – building more personal accountability into the work (The New Republic). Although the Supreme Court removed power granted by the Ku Klux Klan Act after the Reconstruction Act, Section 1983 remained, dormant until 1961.

This was when James Monroe, a Black man, and his family were pulled from their beds late one night and assaulted by thirteen police officers with no warrant (sound familiar)? Monroe was then held for interrogation without being charged a crime, or access to a lawyer, for 10 hours. In the case Monroe v. Pape, the Supreme Court ruled that they had the right to hold the police officers accountable, using the terms of Section 1983 as reference. This grounded the provision as a part of holding law enforcement accountable in today's rhetoric (The New Republic).

But a shift in terminology has made this more challenging to execute. In 1982, the Supreme Court revised Section 1983 to ensure that government officials were entitled to “qualified immunity” from such lawsuits unless their actions violated a “clearly established law” (The New Republic).

“

Qualified immunity shields police from accountability, impedes true justice, and undermines the constitutional rights of every person in this country. There can be no justice without healing and accountability, and there can be no true accountability with qualified immunity. It’s past time to end qualified immunity, and that’s exactly what this bill does.

Ayanna Pressley, U.S. Representative for Massachusetts's 7th Congressional District, on her website.

A wide range of organizations advocate for ending qualified immunity, including the ACLU, the Electronic Frontier Foundation, the Movement for Black Lives and the Institute for Justice. The George Floyd Justice in Policing Act, which recently passed in the House, includes ending qualified immunity for law enforcement (although many Black-led organizations oppose most of the other aspects of this legislation). To bolster it, the bill entitled “Ending Qualified Immunity Act” was re-introduced to the House of Representatives, which would end qualified immunity not just for law enforcement, but all government officials (Congresswoman Pressley). And Some states are also ending laws that act similarly to qualified immunity on the state level (The New Republic). Ending qualified immunity is a necessary step towards abolition.

RELATED ISSUES

12/15/2020 | Repeal stand your ground laws.

9/3/2020 | Support mental health response services.

8/26/2020 | Be an active bystander.

PLEDGE YOUR SUPPORT

Nicole Cardoza 4/13/21 Nicole Cardoza 4/13/21

Stop over-policing.

Happy Tuesday, yall. I’m tired of writing emails like these. I want our safety – our survival – to never be up for debate. I don’t know how many more times this needs to happen until we take abolition more seriously. Today's action items center on supporting the family of Daunte Wright and its community, but consider how you can proactively make similar investments for those impacted by the criminal justice system where you live.

This newsletter is a free resource and that's made possible by our paying subscribers. Consider giving $7/month on our website or Patreon. Or you can give one-time on our website or PayPal. You can also support us by joining our curated digital community. Thank you to all those that support!

Nicole

TAKE ACTION

Donate to the verified GoFundMe for the family of Daunte Wright. You can support his son and girlfriend with diapers and other in-kind supplies on this list.
Donate either in-kind or financial support to the Brooklyn Center community, which expects major businesses to be boarded up in advance of protests in the coming days.
Follow the work of Black Visions as they reimagine safety in MN.
Review the community-based alternatives to calling the police in your city to help offset the impact of over-policing.

GET EDUCATED

By Nicole Cardoza (she/her)

On Sunday afternoon, 20-year-old Daunte Wright was shot and killed by a police officer during a traffic stop in Brooklyn Center, Minneapolis (NPR). The shooting sparked tensions in the area as the community anticipates the outcome of the Derek Chauvin trial (NYTimes). At a press conference Monday morning, Brooklyn Center police chief Tim Gannon expressed that the police officer fired her gun instead of her Taser. This is a dubious claim, and it’s been used as an excuse before. You can learn more about those cases, and the difference between a Taser and a gun, here.

It’s also important to note that Tasers, too, can be deadly. In 2019, Reuters identified at least 1,081 U.S. deaths following the use of Tasers by law enforcement since they became commonly used in the early 2000s. Many of these are exacerbated by other uses of force like hand strikes or restraint holds. During their investigation, they found that police officers often aren’t trained to use Tasers properly, which increases the propensity for harm (Reuters).

A controversial example of this is “stop and frisk” initiatives, which allow police to stop and detain someone if they have “reasonable belief” that the person is, has been, or is about to be involved in a crime (NYTimes). After taking office in 2002, Mayor Bloomberg dramatically extended this program across NYC. Data indicated that crime decreased because of it, but that was later noted as an indirect correlation after the program was reduced. During that time, Black and Latino people were nine times as likely as white people to be stopped by the police but were no more likely to warrant an arrest (NYTimes). Another study found that only 6% of stops from 2009 to 2012 had resulted in an arrest, and 0.1% in a conviction for a violent crime. The majority of those stops caused undue stress and anxiety in the community. The practice was deemed unconstitutional in 2012 (The Guardian).

Predominantly Black neighborhoods are simultaneously over-policed when it comes to surveillance and social control, and under-policed when it comes to emergency services.

Daanika Gordon, an assistant professor of sociology in the School of Arts and Sciences, for Tufts

A report by the Prison Policy Initiative found that Black residents were more likely to be stopped by police than white or Hispanic residents, both in traffic stops and street stops. And over 1 in 6 of Black respondents stated that they had similar interactions with police multiple times over the course of the year. During these interactions, police were twice as likely to use force against Black or Hispanic residents than white residents (Prison Policy).

And there are countless examples of these stops resulting in death. Philando Castile was murdered in 2016 at a routine traffic stop – and had been stopped at least 46 times before in his lifetime (Reason). Army Lt. Caron Nazario, who identifies as Black and Latino, was recently stopped, pepper-sprayed, and handcuffed during a routine traffic stop. The officers involved illegally pulled their weapons, threatened to murder him, and illegally searched the vehicle (NPR). The death of Sandra Bland was also caused by an unjust traffic stop back in 2015 (Vox).

Over-policing also causes harm by weakening trust – not just between police and civilians, but between each other, too. Over-policing creates a biased perception that certain community members are more likely to harm than others, which is racially bias and skewed. And when people lose faith in the system, they’re less likely to cooperate with it, which in turn, makes policing more ineffective as time goes on (Vox). There’s some beneficial work that can come out of this, like mutual aid and safety networks organized by the community as a more nurturing alternative. But it can also spark violent outrage and retaliation, which serves no one.

We must advocate to divest from policing in our communities. We can also do our part to invest in other community-based services and practice using them instead of calling in law enforcement. It might seem small, but that one less interaction could save someone's life.

RELATED ISSUES

12/15/2020 | Repeal stand your ground laws.

9/3/2020 | Support mental health response services.

8/26/2020 | Be an active bystander.

PLEDGE YOUR SUPPORT

Nicole Cardoza 3/8/21 Nicole Cardoza 3/8/21

Demand accountability during the Derek Chauvin trial.

Today, March 8, marks the beginning of the murder trial of former Minneapolis police officer Derek Chauvin, one of the four police officers responsible for the death of George Floyd in May of 2020. Chauvin is the officer depicted in cellphone and bodycam footage kneeling on Floyd's neck for nearly nine minutes.

Happy Monday and welcome back to the Anti-Racism Daily. I started this newsletter days after the death of George Floyd; my way to hold us all accountable for the violence and devastation that racism causes. Today I'm amplifying the work of The George Floyd Memorial Foundation to demand a fair trial, and sharing local reporting from the ground. Please do what you can to support their efforts.

This newsletter is a free resource made possible by our paying subscribers. Consider giving $7/month on Patreon. Or you can give one-time on our website, PayPal, or Venmo (@nicoleacardoza). You can also support us by joining our curated digital community. Thank you to all those that have contributed!

Nicole

TAKE ACTION

Sign the petition urging Governor Tim Walz, Keith Ellison, of Minnesota Attorney General, and Judge Peter Cahill to ensure a fair trial.
Send an automated postcard to members of city and state government advocating for a fair trial. Their goal is to send 10,000 cards by March 31, 2021, and I know we can help them get there. A portion of proceeds supports the George Floyd Memorial Foundation.
The Minnesota Star Tribune will be making all reporting on this case free to the public. Consider subscribing to support local journalism during this time.
Remember, this is not the “George Floyd” trial. George Floyd is NOT on trial. As the NAACP states, “George Floyd was taken from us viciously, inexplicably, and inhumanely. Derek Chauvin is on trial to tell his side of the story. A luxury that was not afforded to George Floyd and countless other men and women within the Black community”.

GET EDUCATED

By Nicole Cardoza (she/her)

Chauvin is charged with second-degree murder and second-degree manslaughter. Prosecutors were initially denied the chance to add a third-degree murder charge in the case, but the Minnesota Court of Appeals overturned that decision on Friday, March 5. This could potentially delay the trial proceedings (Star Tribune). Three other former police officers involved in the death of George Floyd will face trial together in August 2021.

If he’s found guilty, Chauvin would be the first former police officer to be convicted of murdering a Black man in Minnesota. He will also be one of the few police officers charged and convicted to this extent. Our current justice system makes it incredibly difficult to hold police officers accountable (NYTimes). Read more about qualified immunity in a previous newsletter. This was made quite evident last September when a grand jury decided not to charge any police officer with a crime for killing Breonna Taylor (NYMag).

And justice is rarely seen for victims of police violence in Minnesota. In the past 20 years, at least 195 people have died in law enforcement incidents in Minnesota. But only one officer has been convicted of an on-duty killing. That officer was a Somali American man, and the victim was a white woman (Star Tribune). Last Friday, families of over a dozen of those victims gathered to advocate for a murder conviction in this trial – not just for the family of George Floyd, but everyone that’s failed to see accountability in these kinds of cases (Star Tribune). In each of the families' cases, facts were disputed, credibility was questioned, and police escaped liabilities when juries decline to indict or refuse to convict. Read more about Families Supporting Families against Police Violence in this excellent long-form story from the Star Tribune.

Although courtroom seating is limited due to COVID-19, video, and audio of the trial will be streamed live online, which is also significant. A fair and equitable trial unfolding in real-time may help to shape accountability for future cases. This will be the first time a high-profile trial in a Minnesota state court will be broadcast live, and the second trial in August will be, too (Star Tribune). The Star Tribune will offer a live stream each day on StarTribune.com.

If the city’s preparations for the upcoming trial are any indication, they give a pessimistic outlook on the case’s perceived outcomes. The city plans to spend $1M on security measures, and over half of that budget will go towards fortifying its five police precinct stations (NBC News). They’ve also called in thousands of additional law enforcement, including police officers and members of the National Guard. Although the city says that they have been working in partnership with local activists, reporting Tasneem Nashrulla at BuzzFeed News says otherwise. She reports that many activists did not hear from city leaders until Thursday — just days before the trial — and were not involved in the public safety plan. After criticism, the city also reversed plans to hire local social media “influencers” to spread messages of civility and unity in advance of the trial (USA Today).

Demonstrations have been held all weekend in Minneapolis and across the U.S. They are expected to continue today and throughout the trial (Star Tribune). And although only some may participate in person, it’s clear that the world is watching. George Floyd and his family deserve a fair and just trial, but so do all the families impacted by police violence, and all of us still processing the trauma of police brutality in our communities. The verdict in this trial will symbolize how far we’ve truly come over the past year – and only emphasize how much we’ve fallen short historically.

KEY TAKEAWAYS

Today is the start of the Derek Chauvin trial, one of the four police officers responsible for the death of George Floyd in May 2020.
The trial will be livestreamed to the public, and Minneapolis is bracing for tension by hiring law enforcement and building barricades.
Police officers are rarely tried or convicted, particularly in Minnesota, and families of victims are advocating for a fair and just trial.
The outcomes of this trial hold particular cultural significance and will symbolize how the U.S. is responding to the racial reckoning of the past year.

RELATED ISSUES

3/2/2021 | Demand more than reform.

9/24/2020 | Demand justice for Breonna Taylor.

7/6/2020 | Abolish qualified immunity.

PLEDGE YOUR SUPPORT

Nicole Cardoza 3/2/21 Nicole Cardoza 3/2/21

Demand more than reform.

The murders of George Floyd and Breonna Taylor this past summer sparked militant uprisings and massive protests nationwide. Combined with the ongoing pandemic and recession, the upheavals sparked tension and frayed nerves as the National Guard roamed American streets and police stations burned. None of this was helped by Trump’s hostility towards protestors, leaving many to look towards the incoming administration for a breath of fresh air.

We once again have a Democrat in the White House, one who has said we must “root out systemic racism across our laws and institutions” (USA Today). Biden is proposing $300 million for “community policing”: buying body cameras, diversifying and retraining police departments. Reform seems to be coming. You might think all is well.

Happy Tuesday and welcome back to the Anti-Racism Daily! Cities across the U.S. have pledged to hold local law enforcement accountable for the racial disparities in policing. But are efforts of reform sufficient to create comprehensive change? Andrew joins us today to emphasize the importance of advocating for abolition, in time for the launch of defundpolice.org, a comprehensive platform with education and action items for those that want to drive this work home in their communities.

This newsletter is a free resource and that's made possible by our paying subscribers. Consider giving $7/month on Patreon. Or you can give one-time on our website, PayPal, or Venmo (@nicoleacardoza). You can also support us by joining our curated digital community. Thank you to all those that support!

Nicole

TAKE ACTION

Visit DefundPolice.org, a new, comprehensive web resource where organizers can find everything they need for their campaign to defund police in one place.
Read “How I Became a Police Abolitionist” by Derecka Purnell to learn how someone who grew up calling the police decided that they never should have existed.
Support police and prison abolitionist groups like Critical Resistance (@C_Resistance), Survived and Punished (@survivepunish), the Incarcerated Workers Organizing Committee (@IWW_IWOC), Study Abolition, and Jailhouse Lawyers Speak (@JailLawSpeak).
Donate to the National Bail Fund Network to free those behind bars solely because of a lack of financial resources.
Read about the white supremacist origins of policing and consider the role one’s privilege might play in opposing abolition.

GET EDUCATED

By Andrew Lee (he/him)

The problem is that depending on reforms is dangerous. First of all, it takes power away from protestors and communities and puts it in the hands of detached politicians. If politicians had the inclination and competence to fix unjust systems of their own accord, they presumably would have done so long ago.

The second problem is that community policing is just the last in a list of “silver bullets” supposed to truly end police brutality. First, it was civilian review boards (Minneapolis Star Tribune). Then, dashboard cameras (CNN). Now we’re told sensitivity training and body cameras are the missing piece. But if we look at the history, we find reason to be skeptical of these quick fixes.

A number of major American cities now have some form of police review board where citizens submit complaints about police misconduct. New York City implemented civilian oversight in the mid-1960s (Civilian Complaint Review Board) after the police murder of a Black teenager sparked the Harlem race riot (Britannica). A few years after a massive uprising following the assassination of Dr. King, Chicago started a police review board as well (Better Government Association). For many, it stood to reason that police misconduct would cease with civilian oversight.

Similarly, increasing attention to racism in law enforcement in the 1990s caused a number of states to mandate that police have in-car cameras (“dash cams”) to record traffic stops (Department of Justice). Surely if every police stop were recorded, the thinking went, racial bias in law enforcement would end.

And in the wake of the murder of Mike Brown and the Ferguson uprising, civil rights advocates joined with politicians (including President Obama) to support body-worn cameras for police (The Guardian). How could police racism ever persist, advocates declared, with video evidence of each and every encounter?

We now know that each of these silver bullets failed repeatedly in the most abysmal, tragic ways. A police review board didn’t stop Officer Jason Van Dyke from murdering teenager Laquan McDonald (New York Times). Officer Derek Chauvin’s body camera didn’t give him second thought as he knelt on George Floyd’s neck for eight long minutes (ABC News). And the Louisville Metro Police Department’s body cams didn’t stop them from executing Breonna Taylor in her own home (VICE News).

This should be no surprise: studies have found review boards (PBS) are often woefully unprepared to actually investigate police and a study commissioned by Washington, DC found that body-worn cameras actually have no measurable impact on police use of force (The Lab @ DC). We’ve seen cops get all of the shiny new tools they keep promising will finally bring accountability and justice, and we’ve seen nothing change. There has been so little improvement in American policing as a result that two panels looking at Chicago police misconduct found virtually the same problems some 43 years apart (Chicago Reader).

All of these much-lauded police reforms have actual effects—but not the ones advocates hope for. The announcement of reforms can pacify protests following highly-publicized police misconduct. And those dashboard-mounted and body-worn cameras for cops? Police departments were already interested in those, not for the purpose of protecting civil rights, but rather to help police evidence collection (Department of Justice). Nine out of ten state prosecutors’ offices who use body-worn camera footage as evidence in court use it to prosecute not the police but rather the civilians being filmed (Body-Worn Camera Training & Technical Assistance).

These reforms not only do not work, but they also increase the scale and the funding of policing. What abolitionist organizations like Critical Resistance identify is that the problem isn’t that the right tweaks haven’t been made, or the correct diversity seminar hasn’t been presented. The problem, in a deeply unequal and white supremacist society, is policing itself. Instead of directing more resources towards police departments, whether in the guise of reform or not, we should move resources away from them and into oppressed communities. For more on the difference between reform and abolition, check out our previous newsletter.

As an East Asian man with a college degree and housing, I don’t face the brunt of police brutality in my day-to-day life. But I’ve seen them unleash incredible amounts of violence at political demonstrations, and I’ve heard real horror stories from people in my life. It’s relatively painless for allies to support easy fixes to police brutality. Imagining a world without policing and its flip side, incarceration, can be scary for the privileged since police and prisons function in many ways to protect that very same privilege.

But if we want to be true allies for racial justice and collective liberation, we don’t have the luxury of taking the easy way out. We can’t be satisfied with simplistic reforms, especially ones that not only fail to limit police abuses but actually increase police power.

Removing resources from the police to build the kind of fully-resourced, safe and thriving communities that make policing obsolete won’t be easy. But at a time of inspiring mass mobilizations and incredible political danger, we need to look honestly at what decades of much-lauded reforms have actually done and what they haven’t. It’s time to demand more than reform.

KEY TAKEAWAYS

Police reform has been tried before. There is compelling evidence that a variety of reforms do not reduce police misconduct.
In fact, reforms can actually strengthen law enforcement’s power by increasing surveillance or diffusing anger at police abuses.
We should directly redistribute resources currently invested in law enforcement to under-resourced communities.

PLEDGE YOUR SUPPORT

Nicole Cardoza 10/25/20 Nicole Cardoza 10/25/20

Learn the history of the Texas Rangers.

But behind each hashtag is a person. This time, his name was Jonathan Price. He was a 31-year-old from Wolfe City, Texas, a small town outside Dallas. He was a “motivational speaker, a mentor to student-athletes in the area, and a frequent participant in community service activities” (Yahoo News). He was beloved by his community. And on October 3rd, he defused a fight he witnessed between a man and a woman at a convenience store. For his intervention, he was killed. To be more precise: on October 3rd, a police officer, a Texas Ranger, murdered an unarmed Jonathan Price as he walked away from the scene (Washington Post).

Happy Sunday, and welcome back to the Anti-Racism Daily. Each day, we send one email to spark action – and dismantle racism and systemic oppression in the U.S. To support our work, you can donate one-time or monthly on our website, Patreon, Paypal or Venmo @nicoleacardoza.

Last week we published an article about sports team names that glorify violence against communities of color. Today, Jami unpacks the history of the Texas Rangers and demands justice for another Black man whose life was stolen away. Read and rally for accountability in your community.

Nicole

TAKE ACTION

Ensure Jonathan Price stays part of the conversation. Demand #JusticeforJonathan.
Call for police accountability in your community. Follow up on conversations on defunding the police and re-investing in other community support systems.
Reflect: Are there any groups, people, or institutions like the Texas Rangers that are romanticized or glorified in your area? Take a careful look at the history behind those local legends. Did their glory come at others’ expense?

GET EDUCATED

By Jami Nakamura Lin (she/her)

If you stumbled across the #JusticeforJonathan hashtag recently, you could probably guess what it referred to, even without context. This is what we have learned to expect in America: another day, another name, another Black person killed by the police. Because these events happen so frequently, people can easily tune out the deaths, especially when they aren’t as high-profile as George Floyd’s or Breonna Taylor’s.

But behind each hashtag is a person. This time, his name was Jonathan Price. He was a 31-year-old from Wolfe City, Texas, a small town outside Dallas. He was a “motivational speaker, a mentor to student-athletes in the area, and a frequent participant in community service activities” (Yahoo News). He was beloved by his community. And on October 3rd, he defused a fight he witnessed between a man and a woman at a convenience store. For his intervention, he was killed. To be more precise: on October 3rd, a police officer murdered an unarmed Jonathan Price as he walked away from the scene (Washington Post). For more about Jonathan Price, read Marquise Francis’s article from Yahoo News.

When I read that, I thought about the line from our recent newsletter on being an active bystander: “It’s important to note that being an active bystander often takes privilege.” Jonathan Price intervened as an active bystander to stop the violence he happened to see, and yet, because he was a Black man, he was murdered for his efforts. This, unfortunately, is not surprising when we think of the litany of “reasons” the police have killed Black people. What is surprising, though, is that the officer was charged with murder in the next few days (WFAA). Unfortunately, as Americans are well aware, both the charges themselves and the speed with which they were deployed are a rarity.

To better understand the context of this police shooting, we need to look at the unique history and structure of the Texas Rangers, an influential agency within Texas law enforcement. The Texas Rangers, a “division within the Texas Department of Public Safety with lead criminal investigative responsibility” (Texas.gov), are unlike the state police in other states. They have broader power and higher-level responsibilities, like overseeing special operations and SWAT teams (Dallas Morning News).

More importantly, the Texas Rangers have captured American popular imagination in a way no other state law enforcement agency has. They were mythologized in the character of the Lone Ranger, of radio, TV, movie, and comic book fame (History), and in the later Walker, Texas Ranger TV series, which ran from 1993 to 2001 (IMDB). Even the 1986 Pulitzer Prize-winning novel Lonesome Dove (and subsequent Emmy-nominated miniseries) is based on the exploits of former Texas Rangers (Pulitzer). The law enforcement agency is also memorialized in the name of the Arlington-based Major League Baseball team (Dallas News).

In such media, the Texas Rangers are portrayed as do-good defenders of the law, with a staunch moral code, battling for the soul of the Old West. Americans love such stories because we have a collective nostalgia for the West. But our collective nostalgia is, at its core, collective amnesia. The saying “History belongs to the victors” is exemplified by the fact that we still view westward expansion through the lens of the rugged, individual (white) American spirit – instead of through the lens of colonialism and genocide. For more on the myth of the frontier, check out our previous newsletter on racism in sports team names.

In the case of the Texas Rangers, when we remember only the Lone Ranger and the like, we ignore the racism and white supremacy at the root of the institution. In the early 1820s, the Texas Rangers began a small, informal army to “protect” the white settlers from the Indigenous people whose land they occupied. According to the founder, Stephen T. Austin, protection meant the eradication of the Native tribes: “There is no way of subduing them but extermination” (Texas Monthly).

In the 1910s, the expanded, established Texas Rangers participated in similar violence:

"
[The Texas Rangers] didn't invent police brutality, but they perfected it down there on the [Texas-Mexico] border, where they operated as what we would now term death squads… They executed hundreds, perhaps thousands of Mexicans and Mexican Americans. And some of those were bandits who had attacked white-owned farms and ranches, but many of them had committed no crimes. You know, they were guilty of having brown skin.
Doug J. Swanson, author of Cult of Glory: The Bold and Brutal History of the Texas Rangers, on NPR

Over the next century, their violence towards people of color continued. Before the Civil War, they collected bounties for escaped enslaved people; after the Civil War, they ignored the lynching of Black men (Texas Monthly). In the 1918 Porvenir Massacre, 15 unarmed Tejano men and youth were “taken into custody, denied due process, and executed en masse” by the Texas Rangers (Texas State Historical Association).

Some might argue that we cannot judge an institution today based on their actions in the early 1800s. But even in 1956, the Texas Rangers merely watched while a gravel-throwing white mob prevented Black students from entering their school. A decade later, they assaulted Mexican American workers while breaking a strike (Star-Tribune). Institutional rot spreads and trickles down.

It is true that Jonathan Price’s murder was not organized or sanctioned by the Texas Rangers themselves, and that they charged the responsible officer relatively quickly. Yet the officer’s actions descend from the same racist beliefs upon which the Texas Rangers were founded. Jonathan Price deserves justice— the kind of justice denied to all the other Indigenous, Mexican, and Black people the Texas Rangers killed over the last two centuries. And the rest of us need to ensure we do not succumb to collective amnesia. We must remember the truth behind the myths of the American West.

KEY TAKEAWAYS

Jonathan Price, a 31-year-old Black man from Wolfe City, Texas, was walking away after breaking up a fight when a Texas Ranger shot and killed him on October 3, 2020.
The Texas Rangers law enforcement agency is mythologized in popular media. Rangers are often depicted as moral defenders of the law, battling for the soul of the Old West.
The agency was founded in the 1820s specifically to protect white settlers by “exterminating” (killing) the Native residents.
In the 1910s, Texas Rangers massacred hundreds of Mexicans and Mexican Americans along the border.

PLEDGE YOUR SUPPORT

Nicole Cardoza 10/20/20 Nicole Cardoza 10/20/20

Support #EndSARS.

Citizens in Nigeria have been protesting since early October against police brutality, gaining international attention. More people have died from police brutality than COVID-19 since the nation’s lockdown (BBC), and decades of abuse have prompted youth organizers to take to the streets and social media to demand change. Demonstrations in solidarity have been organized in cities around the world, including Atlanta, Berlin, New York, and London (NYTimes). As protests escalate in Abuja, the nation’s capital, so does the violence against the protestors in a series of organized attacks (BBC). But the movement shows no sign of slowing down.

In a letter from the Birmingham city jail in 1963, Dr. Martin Luther King, Jr. wrote: “Injustice anywhere is a threat to justice everywhere.We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” This quote came to mind as I read about the protests against police brutality in Nigeria, which echo the same sentiment of many of us in the U.S. Today's email encourages us to draw awareness and accountability to these protests, and keep a global perspective on our anti-racism work.

Thank you for supporting this platform. Our work is made possible because of your thoughtful contributions. If you'd like to help pay our team of BIPOC writers and editors, you can give by...

Giving on our website, PayPal or Venmo @nicoleacardoza
Subscribing monthly or annually on Patreon

Nicole

TAKE ACTION

Donate to the Feminist Coalition, a group of young Nigerian feminists formed in July 2020 rallying to End SARS.
Share and repost content using the hashtag #ENDSARS to drive international awareness and accountability.
Stay informed on global events. Add one news outlet that doesn’t focus on your home country to your weekly news consumption.

GET EDUCATED

By Nicole Cardoza (she/her)

The Special Anti-Robbery Squad, referred to as SARS, is a unit of the Nigerian Police Force. It operates undercover, wearing plainclothes and driving unmarked vehicles. It was intentionally designed to root out corruption in stealth (Washington Post). But that anonymity has been co-opted for manipulation. Through the years, disturbing reports of violence and corruption have mounted against SARS. Amnesty International has documented at least 82 cases of “torture, ill treatment and extra-judicial execution” by SARS between January 2017 and May 2020 (Amnesty). Dare Olaitan, a 29-year-old filmmaker, reflects on being pulled over multiple times and forced to withdraw cash from the ATM (Washington Post). More damning reports of torture were found on detainees of SARS victims, often carried out by high-ranking police officers (Amnesty).

“No circumstances whatsoever may be invoked as a justification of torture. In many cases the victims are the poor and vulnerable, easy targets for law enforcement officers whose responsibility it is to protect them.”
Osai Ojigho, Director of Amnesty International Nigeria

Most of these victims are young men between the ages of 18 and 35, which is important to note (Amnesty). Nearly half of Nigeria’s population of 182 million is below age 30, one of the world’s largest concentrations of young people (NYTimes). This young generation has quickly swelled the protests into an international movement by organizing both online and off, using Twitter in particular to spread awareness of the growing unrest. As of Friday, October 16th, the hashtag #EndSARS was posted on Twitter over 3.3M million times, generating over 744,000 retweets.

Despite this, the Nigerian government has failed to take action. Shortly after protests swelled, Nigeria’s government announced that SARS would be disbanded. But citizens are not convinced. This is the fourth time the government has said they would dissolve SARS, aptly described by Gimba Kakand as “old wine in a new bottle” (Time). This time, they gave it a new designation: Special Weapons and Tactics Team, or SWAT, which, for what it’s worth, doesn’t exactly sound like a reassuring change of pace.

Protesters aren’t going to quit until the president takes more action not just to disband SARS, but implement more comprehensive solutions, including psychological evaluations for reassigned SARS officers, better pay for officers, and compensation for victims of police violence (NYTimes). And this movement is transforming into a broader call for accountability for other injustices, like widespread poverty and political corruption (Time). These issues are partially why 45% of Nigerian adults said they plan to move to another country sometime within the next five years – and why most of all African immigrants to the U.S. are Nigerian (Pew Research).

Does these calls for justice sound familiar? It should – they mirror the racial reckoning that’s unfolded in the U.S. over the past few months. And that’s part of why this movement is gathering so much attention here in the states, which traditionally falls silent when it comes to international issues. Nigeria is, by population, the largest Black nation in the world. Standing for justice is an act of solidarity for Black people everywhere, regardless of which country they call home. It’s also a way to act in solidarity with the tens of thousands of Nigerian Americans who face the same police brutality in the U.S. It’s no surprise that the most outspoken celebrities on this issue are Black (CNN).

“True to what's happening in the U.S. and around the world, with the pandemic, people have just been pushed until they break. They're already living paycheck to paycheck, living at the margins of society in terms of the ability to survive, and then you have police who are brutalizing them. It's like, how much can you take from us? So the fact that our lives are quite literally being taken and snuffed out and we're being brutalized and beaten, you know...it's just, "Enough." The imagery and the rallying cries are so incredibly similar, because the issues are connected; poor governance, poverty, injustice in every system, from health care to high unemployment rates to the criminalization of poor people.”
Opal Tometi, co-founder of Black Lives Matter, for Vogue.

And, there’s also a direct link between the violence inflicted by police officers in Nigeria and the U.S. In the past, our law enforcement has trained members of the Nigerian police in human rights. Prince Williams County in Virginia, the same that used tear gas and rubber bullets against peaceful protesters this summer (Prince Williams Times), provided a “hands-on, scenario-based approach” in stability restoration (U.S. Embassy). The U.S. has also sold equipment and weapons to the Nigerian army and security forces (Washington Post). As residents of the U.S., we must hold ourselves accountable. But as a nation, we must hold ourselves responsible for our contributions to this injust system.

Moreover, police brutality is a global issue. Whether you’re in Brazil or the Philippines, China, or Canada, people around the world have been reckoning with state-sanctioned violence, much of which is rooted in racial bias. When we stay silent on police brutality beyond our border, it further normalizes it everywhere, including on our home turf. So can we commit to re-investing in community services that support not just our country but the whole world?

With technology, countries are closer than ever. And what we do here reverberates around the world. We need to stand for the injustices we face here – and around the globe. More urgently, we need to listen and learn from the activists dismantling oppression in their communities as we do the same in ours. Perhaps awareness of the similarities countries around the globe are facing will drive more empathy than xenophobia, and unite us in a collective path for liberation.

KEY TAKEAWAYS

#EndSars is a youth-led movement to end police brutality in Nigeria
Police brutality is a national and global issue, standing up for injustice needs to be here and everywhere
Although SARS has been "disbanded" by the government, protests are calling for more comprehensive accountability

RELATED ISSUES

6/22/2020 | Talk about our right to protest.

9/24/2020 | Demand justice for Breonna Taylor.

6/10/2020 | Defund the police.

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/25/20 Nicole Cardoza 9/25/20

Decriminalize sex work.

Happy Friday! I became quite passionate about today's topic after hearing Layleen Polanco's story, and the injustice she suffered after being arrested for prostitution and drug charges in NYC. Meanwhile, solicitation charges against Robert Kraft were dismissed yesterday in court. The sex worker industry disproportionately harms communities of color and other marginalized populations. Ebony walks us through the relationship between consensual sex work and law enforcement below.

Also, many of you noted some strange link issues with the social graphics. Not sure why. Hopefully, they're fixed now, but know that we also post them on Facebook and Instagram each day (in fact, we share more images than we include here)!

Thank you for your contributions. If you enjoy this newsletter, you can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

– Nicole

TAKE ACTION

1. Tell your senator to oppose the EARN IT (Eliminating Abusive and Rampant Neglect of Interactive Technologies) Act, which will implement dangerous online censorship that will disproportionately impact marginalized communities. Learn more and sign >

2. Do your research and see how your state representative voted for SESTA/FOSTA and other prostitution-loitering laws.

3. Support organizations such as Sex Workers Outreach Project, Helping Individual People Survive (HIPS), and Erotic Service Providers Legal Education and Research Project (ESPLERP), who are actively fighting for sex workers’ rights.

GET EDUCATED

By Ebony Bellamy (she/her)

Note: This article discusses sexual assault and violence against sex workers. Please be aware this content may be triggering. Read with care.

Sex workers are regularly targeted, abused, and profiled. And marginalized communities suffer the most from this. Of the 41 sex workers who were murdered in the US in 2015, 17 were Black, and 12 were transgender women (Amnesty International).

In 1985, in Los Angeles, the L.A.P.D. knew a serial killer targeted Black women in the South Central community, yet waited until 2007 to alert the public about the murders (Vanity Fair). The killings were occurring for 22 years before the general public knew about it. To keep these crimes secret, police officers allegedly used “the unofficial acronym ‘N.H.I.’ (“no humans involved”) to describe the slayings of prostitutes and drug addicts” who were the main victims of the serial killer (Vanity Fair).

Between 2012 and 2015, the State Division of Criminal Justice Services reported that 85% of the individuals arrested in New York for loitering for prostitution were Black or Latinx (Survivors Against SESTA). At that time, anti-loitering policing was highly concentrated in Bushwick, Belmont/Fordham Heights, East New York, Hunts Point, and Brownsville because their residents were predominantly people of color (The Village). And approximately 68.5% of arrests for loitering prostitution* were made in those communities, with a vast majority being women.

In Calfornia, Black women made up 42% of all prostitution-related arrests in 2015, despite representing only 2.8% of the state’s population (Survivors Against SESTA). In Chicago, 90% of all prostitution-related arrests in 2017 were connected to selling sex, and 8% were for buying sex (Chicago Reporter). This means women of color are more likely to be arrested for sex work than men who receive their services.

This stems from loitering laws being based on whether or not an officer believes someone is “loitering for the purpose of prostitution” (Chicago Reporter). Police can make prostitution-related arrests even if they don’t have evidence the person committed a crime. In NYC, officers have regularly cited a woman’s clothing as evidence of her engaging in prostitution (The Village). And everything from tight leggings to a bra strap showing has been listed as evidence.

“When you have factors like an article of clothing or the fact that you are one gender and you are talking to people of another gender, you have to expand your view and ask, where is this happening that’s not being policed? And our answer with the loitering case is, everywhere, except these places when the police decide these are the arrests they are going to make.”
Sarah Mogulescu, a survivor of anti-loitering policing via The Village

These arrests happen so frequently that in 2015, the FBI reported more than 30,000 prostitution-related arrests. And of those, 39.9% of arrestees were Black, and 18.7% were Latinx (FBI). But, when violence is committed against sex workers, police often neglect or ignore these cases (Amnesty International).

According to a 2015 report conducted by the DC Trans Coalition, approximately 23% of Black transgender individuals were physically or sexually assaulted by the police because they were perceived as transgender and involved in the sex trade (Amnesty International). This interaction has made transgender sex workers weary to ask for help. About 27% feel somewhat uncomfortable, while 32% feel very uncomfortable (31.8%) seeking help from the police (Meaningful Work).

This community is heavily policed because officers assume transgender women of color are involved in the commercial sex industry (Chicago Reporter). Commercial sex work includes stripping, street prostitution, brothel prostitution, paid domination, and sexual massages, among other things (National Association of Social Workers). And this belief has caused officers to frequently police places they know transgender women socialize at (Chicago Reporter).

Police even target people with prior arrests for prostitution, despite their charges being dismissed. They often follow these individuals around until they catch them engaging in prostitution-related acts such as “approaching a vehicle” and “beckoning to multiple vehicles passing by with male drivers” (The Village). This, unfortunately, creates a cycle of arrests and incarcerations for transgender women, whether they’re involved in the sex trade or not (Chicago Reporter).

And this level of policing will only intensify as bills such as SESTA/FOSTA continue to be passed. Introduced in 2018, this group of bills was meant to curb online sex trafficking. However, many sex workers say SESTA/FOSTA has significantly affected their ability to make a living in consensual sex work because it has prevented them from advertising (Rolling Stone). It has also removed the online safety networks they used to vet potential clients and has driven them into the streets, which increases their chances of experiencing violence and sexual assault (Rolling Stone).

Between SESTA/FOSTA and anti-loitering laws, people of color and members of the LGBTQ+ community are continually being targeted by the government for being different. It’s time to shift the way people think and support sex workers trying to earn a living like everyone else. And we can start this work by decriminalizing sex work because sex work is work.

*The term prostitute/prostitution is considered a derogatory phrase by many in the sex worker community. We use it here only in law enforcement related terminology.

KEY TAKEAWAYS

1. In New York, between 2012 and 2015, 85% of the individuals arrested for loitering for prostitution were either Black or Latinx (Survivors Against SESTA).

2. 90% of all prostitution-related arrests in Chicago in 2017 were connected to selling sex, and 8% were for buying sex (Chicago Reporter)

3. The FBI reported more than 30,000 prostitution-related arrests. Of those, 39.9% of arrestees were Black, and 18.7% were Latinx (FBI).

4. Approximately 23% of Black transgender individuals were physically or sexually assaulted by the police because they were perceived as transgender and involved in the sex trade (Amnesty International).

5. SESTA/FOSTA is a group of bills created to curb online sex trafficking but has severely affected the way sex workers conduct their business.

9/3/2020 | Support mental health response services.

8/27/2020 | Help decriminalize drug possession.

8/26/2020 | Be an active bystander.

8/23/2020 | Support those incarcerated and impacted by COVID-19.

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/24/20 Nicole Cardoza 9/24/20

Demand justice for Breonna Taylor.

Today's newsletter doesn't need context. We've been regularly publishing on the Breonna Taylor case since our start in June. Yesterday marked the conclusion of the investigation around her case and the continuation of our fight for justice.

Although signing the petitions and donating will be helpful, the most important action item for today is being inquiry with yourself. Consider how your participation in your community – from how you vote, what businesses you choose to support, and how you treat the people around you – will contribute to the next story like Breonna Taylor's. More importantly, consider how you can change your actions to prevent another act of violence like this from occurring again.

Thank you for your contributions. If you enjoy this newsletter, you can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

– Nicole

TAKE ACTION

Tangible Actions

Demand Congress to pass the BREATHE Act, a radical reimagining of public safety, community care, and how we spend money as a society
Donate to the Louisville Community Bail Fund:
Donate to the Louisville Healing Fund

Reflect

Who is your local Attorney General? When did you last vote for them? What are the rulings they've made in similar cases? Note: there are 10 Attorney Generals on the ballot this year.

What was the last ruling re: police brutality in your community? What was the verdict? Who marched for them?

GET EDUCATED

By Nicole Cardoza (she/her)

I'll keep this short: the justice system failed Breonna Taylor. On Wednesday, the Kentucky grand jury brought no charges against the police officers responsible for the death of Breonna Taylor back in March. Prosecutors said that the two officers who fired their weapons at Taylor were justified in using force (AP News).

The third officer, Brett Hankison, was charged with three counts of “wanton endangerment,” as he had threatened three people’s lives by firing bullets that traveled through Taylor’s apartment and into another. In that apartment, a pregnant woman, her husband and their 5-year-old child were sleeping. None of them were harmed (NYTimes). The other two officers, one of whom who fired the bullet that shot Taylor, were not charged (Washington Post). Somehow, the danger and ultimate loss of Breonna Taylor's life wasn't considered in the charges.

Many people are unfamiliar with the term "wanton endangerment." According to Kentucky law, this occurs “when, under circumstances manifesting extreme indifference to the value of human life, [a person] wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person" (Kentucky Law, via Washington Post). This charge is interpreted as “in between” crimes of negligence and crimes of intent.

The two-page indictment created for this charge doesn't mention Breonna Taylor's name, a cruel detali of injustice after months of advocacy to #SayHerName as part of a campaign that aims to illuminate crimes against Black women (Ayman Mohyeldin on Twitter).

The city of Louisville started preparing for protests around this verdict days ago by adding blockades downtown and calling in reinforcements (Courier Journal). As I write this Wednesday evening, I see news stories of protests unfolding across the country, demanding accountability (Buzzfeed). Gov. Andy Beshear is urging the Attorney General Daniel Cameron to release the evidence from Breonna Taylor's case, including ballistics reports and the race and gender composition of the jury (Courier-Journal).

This story is ongoing. We'll add updates where relevant on the web version of this newsletter.

RELATED ISSUES

7/31/2020 | Keep fighting for Breonna Taylor.

6/5/2020 | Breonna Taylor. Say her name. And remember it.

9/11/2020 | Protect Black women.

8/26/2020 | Be an active bystander.

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/18/20 Nicole Cardoza 9/18/20

Reject racial gaslighting.

It's Friday! And we're introducing a new term to the newsletter: racial gaslighting.

This plays a major part in the systemic medical violence we've unpacked over the past week. And it's playing out in politics. When people and systems minimize the pain and trauma that people of color experience, they shield themselves from accountability and allow that harm to continue. Jami offers some specific examples of how this plays out in various spaces, and particularly how it impacts women of color.

Tomorrow is Saturday, where we host our weekly Study Hall. Reply to this email with any questions or insights from the content we covered this past week and I'll do my best to get to them!

Thank you for all your support! You can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

– Nicole

TAKE ACTION

Watch how you and your friends/colleagues respond to the experiences of people of color. Consider how they may be gaslighting based on their comments, and inform them on why their approach is harmful.
If you’re considering two sides to a story, make sure you think about the power dynamics between the parties (in race, gender, age, position, etc.)
Don’t support businesses or organizations that deny or undermine the experiences of people of color.
Consider how racial gaslighting may play a part of the rhetoric of the upcoming election.

GET EDUCATED

By Jami Nakamura Lin (she/her)

In March, Margot Gage Witvliet developed coronavirus symptoms after a trip to Europe. Four months later, many of those symptoms still remain, putting her in the camp of what are known as “long-haulers”--coronavirus patients whose symptoms persist for months, deviating from the typically understood trajectory of the illness (read more about her experience at The Conversation). The experience of long-haulers is finally receiving more attention, but for many sufferers, it’s too little, too late.

“Employers have told long-haulers that they couldn’t possibly be sick for that long. Friends and family members accused them of being lazy. Doctors refused to believe they had COVID-19… This ‘medical gaslighting,’ whereby physiological suffering is downplayed as a psychological problem such as stress or anxiety, is especially bad for women, and even worse for women of color,” writes Ed Yong in his thorough examination of long-haulers, whose numbers could potentially be in the hundreds of thousands (The Atlantic).

Most of our popular understanding of the term gaslighting is within the context of abusive relationships, as that is the context of the term’s origin (BBC). Gaslighting is a psychological method of manipulation used to deny the victim’s experience and make them question their reality, judgment, and sanity (Britannica). The goal is to make the victim dependent on the deceiver.

But gaslighting can also happen on a structural level. Instead of an individual abuser, the gaslighter is an abusive system denying the reality of entire groups and communities in order to perpetuate power imbalances. “Gaslighting is a structural phenomenon… It is a technique of violence that produces asymmetric harms for different populations,” writes Elena Ruiz, a professor of philosophy and American Indian and Indigenous Studies (PhilArchive).

Women as a whole are often targets of gaslighting (read the American Sociological Review for how gaslighting relates to gender-based stereotypes and inequality), and articles warning women about gaslighting techniques abound. Less is said in popular media about racial gaslighting, which specifically refers to “the political, social, economic and cultural process that perpetuates and normalizes a white supremacist reality through pathologizing those who resist” (Politics, Groups, and Identities Journal). Racial gaslighting says: the system is not broken, you are broken.

These are things that most readers versed in anti-racism work will already know (that the system blames people of color instead of itself), but looking at them as forms of gaslighting can help understand how such psychological manipulation is intertwined at the individual and structural levels. Interpersonal gaslighting (within relationships) is usually successful because of systemic gaslighting because the relationship is “rooted in social inequalities” (American Sociological Association). The framework can help us understand how white supremacy remains entrenched in our society.

Such racial gaslighting appears in many different areas. An academic study on a police force in Hamilton, Ontario, found that the way the police explained away their ID and carding tactics was a form of gaslighting. In their media appearances, the police used “obfuscation techniques” (lies, misrepresentations) to undermine local people of color, who had been arguing that the police’s carding techniques were discriminatory. They used gaslighting to deny their own structural racism (SAGE Publishing).

In the field of medicine, gaslighting happens when health professionals minimize, ignore, or disbelieve patients’ symptoms and experiences (Health). Examples of this include doctors blaming physical symptoms on mental illness without justification, or providers refusing to request follow-up tests because they don’t believe their patients. Medical gaslighting is especially pernicious because of the inherent power differential between doctors and their patients, even before adding in the intersections of gender and race. Doctors have been socialized to take female patients (NY Times) and patients of color less seriously, and medical professionals still hold many racial biases (National Institute of Health). While practitioners usually participate in medical gaslighting without meaning to harm their patients, individual intent doesn’t mitigate the systemic impact. Their disregard has dire health outcomes, as explained in our recent newsletters on Black maternal health and Black mental health.

“Missteps and misunderstandings, even by well-seasoned medical professionals, are human, but medical gaslighting is not. Normal test results in patients with chronic pain, unexplained sensitivities to the world, or fatigue should provoke more investigation, rather than a weak handoff.”

Dr. Anne Maitland for Op Med

A 2016 study by patient safety experts suggests that medical error is the third-leading cause of death in America, resulting in over 250,000 deaths per year (Johns Hopkins). But medical error is not nearly as widely researched as other causes of deaths, and we don’t know how many deaths per year can be attributed to medical gaslighting.

What we do know is that medical gaslighting especially affects patients of color. One doctor described the stereotypes patients of color with myalgic encephalomyelitis (a mostly invisible illness with symptoms similar to those of COVID long-haulers) faced: Black and South Asian patients were suspected of faking their symptoms to avoid work, while East Asian patients’ symptoms were thought to be the result of working too much (ME Action). In other words, their actual medical conditions were dismissed and attributed instead to racist stereotypes.

Think about the words of Canadian policy expert Emily Riddle: “To be an Indigenous woman in this country is to intimately understand both interpersonal and systemic gaslighting… Any Indigenous woman who questions anyone who demeans her or a system that perpetuates violence against her is bound to be called difficult.” (The Globe and Mail). To effectively combat the effects of systemic gaslighting in our own thinking, we need to question not just what we believe, but who we believe.

Key Takeaways

A whistleblower filed a complaint against ICE for “medical neglect" at the detention camp she worked at, including mass hysterectomies without detainees' content
Forced sterilization was a state-sanctioned practice, often funded by the federal government, that disproportionately impacted women and women of color during the 19th century
Forced sterilizations procedures are sexist, xenophobic, racist, and ableist, and often homophobic
Unwanted sterilizations are still happening today

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/14/20 Nicole Cardoza 9/14/20

Stop the use of ketamine in arrests.

Happy Monday!

We're kicking off the week with an urgent call-to-action. Today, Sydney from the Justice for Elijah McClain advocacy group shares more about the dangers of ketamine, and how we can make a difference TODAY by contacting local officials. I urge you to take part. You can read more about Elijah McClain in a previous newsletter.

Thank you all for your contributions. To support our work, you can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

Nicole

TAKE ACTION

Call or email to demand a temporary ban on the use of ketamine in Aurora, Colorado, is put in place until at least 30 days after Elijah McClain’s case is complete. A council meeting to discuss the ban will be held on September 14, 2020, at 7:30 p.m.
Sign and share the Justice for Elijah petition to hold the officers and paramedics accountable for his death.
If you have been injected with ketamine, or have used ketamine as an EMT or paramedic in partnership with law enforcement? Share your story in this survey.

GET EDUCATED

By Sydney Cobb (she/her)

Ketamine is commonly used as an anesthetic in hospitals and veterinary clinics. It is typically regarded as safe if the proper dosage is administered, but it can have severe and lethal side effects in certain situations. Ketamine blocks pain receptors in the brain, often leading to people either falling unconscious or entering a trancelike state (The Cut). Emergency medical workers often use ketamine in order to subdue suspects at the scene of an arrest if they appear to be “violently agitated” or uncooperative.

Paramedics and first responders often describe suspects as “violently agitated” in order to justify their unnecessary use of sedatives. Ketamine is meant to subdue someone who is actively resisting arrest, but paramedics and first responders have frequently misused it. There are many cases in which suspects have been rendered helpless, with their hands cuffed behind their backs, yet they are injected with ketamine for illegitimate reasons. In some cases, it is believed that police officers involve themselves in the decision of whether or not to administer ketamine at the scene of an arrest (The Denver Post).

For example, Joseph Baker, a former Minnesota paramedic, recently spoke out against the use of ketamine for law enforcement purposes. Baker filed a whistleblower lawsuit in which he claimed that police officers attempted to coerce him into administering ketamine during an arrest. In an interview, Baker stated that the man being arrested clearly had a mental health illness and was not resisting arrest enough to justify the use of a sedative. After refusing to comply with the officers’ wishes, Baker felt that he was practically being pushed out of his job. Throughout the lawsuit, Baker emphasized that the relationship between police officers and Emergency Medical Service (EMS) workers has allowed officers to feel comfortable using coercive tactics to encourage paramedics to administer ketamine (The Intercept).

Unfortunately, Elijah McClain’s entanglement with the Aurora Police Department is one of many arrests that ended in unwarranted sedation. Max Johnson, a diabetic Black man from Minneapolis, is yet another example of how the use of ketamine can have dangerous effects. On July 26, 2020, Johnson began having a seizure as a result of low blood sugar. Abby Wulfing, Johnson’s girlfriend, called 911 and informed the dispatcher that Johnson was seizing, prompting them to send Emergency Medical Service (EMS) workers to evaluate the situation. Wulfing says that the EMS responders seemed to believe that Johnson’s seizures were caused by illegal drugs, even after she had explained the actual cause.

After continuously questioning Max’s sobriety, they began to physically restrain him and call the police for backup. After 7 minutes of pleading with the EMS workers to administer glucagon to combat Johnson’s low blood sugar, they finally obliged. Following the glucagon, the workers injected Johnson with 500 milligrams of ketamine. Wulfing stated that there was no need to inject Johnson with ketamine because he was already in a calm, post-seizure state once the EMS workers arrived. The dosage of ketamine put Johnson in a hospital intensive care unit on a ventilator for two days. Wulfing believes that the treatment Johnson received from the EMS workers was heavily influenced by the fact that he is a Black man (Star Tribune).

Both McClain and Johnson were unnecessarily injected with ketamine and endured severe health complications as a result. A sedative was not necessary in either case, considering that both men were following police orders and remaining calm in highly stressful situations. While McClain and Johnson’s cases are entirely separate, the parallels between the two are not anomalous; they indicate a larger issue with the unwarranted use of ketamine injections.

For decades, law enforcement has labeled people of color as ‘aggressive’ and ‘uncooperative’ in order to justify their unnecessary use of force. While ketamine is not a form of physical force, it can have similar or worse effects on one’s well-being. McClain and Johnson are only two examples of how police officers and paramedics unjustifiably use sedatives that ultimately lead to severe health complications.

It is imperative that we hold police departments and EMS workers accountable for misusing ketamine as a tool of brutality on ALL people, but specifically people of color. We cannot allow officers to further perpetuate the notion that Black people are disobliging and aggressive with law enforcement.

Key Takeaways

The symbiotic relationship between police officers and paramedics can lead to officers feeling comfortable with coercing paramedics into administering ketamine, therefore putting more people at risk of experiencing the harmful side effects of the sedative.
While the use of ketamine for law enforcement purposes is not limited to people of color, it is yet another way that police are wrongly labeling them as “aggressive” and “agitated.”
The use of ketamine is usually not necessary or justified.

8/27/2020 | Help decriminalize drug possession.

8/26/2020 | Be an active bystander.

8/24/2020 | Demand justice for Jacob Blake.

8/12/2020 | Demand justice for Elijah McClain.

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/5/20 Nicole Cardoza 9/5/20

Study Hall! Defund the police or add more training?

Welcome to our weekly Study Hall. Each week I answer questions and share insights from each of you in our community. This week's responses focused mainly on the role of law enforcement in our society, which to me is one of the most pressing issues of our time. I answered a couple of questions on that and other things below.

If you prefer to read our newsletter only weekly, this is the email you'll receive. You can change your email preferences by updating your profile information here.

As always, your support is greatly appreciated. These contributions are our only source of funding and help us pay writers and develop new resources. You can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

Nicole

TAKE ACTION

1. Reflect on the questions prompted by our community.

2. Ask yourself two questions about one of the topics we discussed this week. Discuss these questions with a friend or colleague.

GET EDUCATED

By Nicole Cardoza

In review: The newsletters we published this week.

Friday, 9/4/2020 | Tell museums to replace stolen artifacts.

Thursday, 9/3/2020 | Support mental health response services.

Wednesday, 9/2/2020 | Rally for fair appraisals.

Tuesday, 9/1/2020 | Learn the legacy of Japanese American incarceration.

Monday, 8/31/2020 | Condemn colorism.

Sunday, 8/30/2020 | Protect housing rights during COVID-19.

Additional Resources

One of our readers, Mallory, runs Don't Call the Police, a national database of local alternatives to dialing 911 when there's an issue. Learn more here: https://dontcallthepolice.com.

Q+A
Is the person calling 911 really able to discern whether police or mental health professionals are needed? What physical harm or risk may be present that requires a trained policeman to handle an altercation? The caller is probably very afraid of the actions of said person and just want the situation to be deescalated.

The individual calling 911 might not be able to discern enough, but there's ample research that shows that often, 911 responders can't, either. When the individual calls an alternative phone number, those trained responders are often more likely to gauge the situation and decide on the proper intervention – they could easily arrive with law enforcement if they deem it appropriate, OR encourage the caller to dial 911 outright.

When we have an assumption that the "caller is probably very afraid of the actions of said person" and only want to de-escalate, we're allowing that their fear and implicit biases lead the response. That centers the caller, and often not the needs of the individual, which is the point of offering more options.

Q+A
Does it make more sense to train police officers better in de-escalation especially with someone who potentially has mental health issues?

At a minimum, yes. On average, law enforcement spends about 58 hours on firearm training and just 8 hours on de-escalation or crisis intervention (Police Forum). So there's a ton that can change there. But considering the broad examples of harm already, compounded by the racial bias pervasive in law enforcement, there are more urgent calls to defund law enforcement and re-invest in other resources. There's no reason that we need to have law enforcement equally equipped to handle such a broad range of 911 calls. Medical professionals are likely best for health-related calls.

Furthermore, calls for re-investment argue that we can invest in mental health care support that prevents the 911 calls altogether. A punitive based approach to health doesn't change the health equity of any community. It instead focuses on de-escalating problems that preventing them altogether. And we deserve more resources to live healthier, happier lives.

Your question was followed with the statement that defunding might not be the answer, but remember that defunding the police doesn't mean getting rid of them entirely. It means analyzing where we can re-allocate funding to invest elsewhere, all of which should help from us overwhelming them with a wide range of social issues.

Q+A
When it comes to stolen art, why can’t museums buy the pieces from their original countries?

I suppose they could, perhaps as some form of reparations. But from what I understand, the goal now is to change the system entirely by building more points of accountability within the acquisition process. Also, the examples stated make it seem that most countries are more interested in preserving their culture than receiving financial compensation for it.

It begs a broader question: who deserves to have access to the art? Why was it ever okay for us to loot objects for our gain? And remember that the art world financially profits off of these objects as they change hands and remain on display for patrons. If monetary gains fuel this process of colocalization, I don't think we can justify it by sending money back to the countries (unless, of course, the countries themselves deem this the proper response).

Moving forward though, yes, a legal obtainment through a financial transaction seems more equitable than looting.

Reader Courtney shared the following on how the Field Museum is honoring art looted from Indigenous populations (which is a very similar story we're unpacking in a later newsletter):

The Field Museum in Chicago had the best response to Native American Graves Protection and Repatriation Act in the US that I have seen. They work with the tribes to either return the artifacts or work with the tribes to display the artifacts respectfully. They also educate about how the artifacts were not given by the tribes initially. It was the most honest and open I had ever seen a museum talk about how they received Native American artifacts and have tried to rectify that with respect and honor moving forward. They also took full ownership for a racist exhibit that was in their museum for decades. Now they use it to contextualize racism in science. It was amazing to see and learn, especially since museums are inherently elite, it felt very honest in a good way. They apologized for their history, but promised to do better now.

Bit more about their work here:
https://news.uchicago.edu/story/exhibition-upends-traditional-native-american-representations

Q+A
My family is Italian American and I have some family members who have over the years expressed frustration that “Japanese Internment” was taught to us but not the internment of Italians and Germans during the war. They have also complained that the Japanese American victims received compensation whereas the Italian and German victims did not. I've shared my disapproval with them on this already and would love to hear your thoughts.

Over 120,000 Japanese Americans were incarcerated. In contrast, approx. 10,000 German Americans and "hundreds" of Italian Americans were incarcerated. Both German American and Italian American citizens as a whole were deemed too valuable to the U.S. economic and political system for large-scale incarceration, which says a lot about the perception of Japanese Americans during that time, how our government valued human life, and the racial discrimination our country is still reckoning with.

As a result, there are broad differences in the scale of these decisions. We have to remember the devastating impact this had on the Japanese American community as a whole. The lasting physical and psychological harm, the mass loss of property, the fracture of families, and a long-lasting prejudice against Japanese people, which contributes to this country's racial bias against Asian communities. Comparatively, we do not see the same level of systemic and interpersonal racism against German American and Italian American people today.

I'm not saying that it shouldn't be taught, minimize any harm they experienced, or that the victims don't deserve compensation. It is all wrong, and all groups deserve justice. But these narratives are often a way to minimize the pain of marginalized communities to center the pain of those with more privilege. When people take that stance, they inherently continue to cause harm against Japanese Americans and insinuates that their struggles are less important.

Clarifications

The key takeaways for the Thursday, 9/3/2020 article were incorrect in the text portion of the email. That has been corrected in the archives.

PLEDGE YOUR SUPPORT

Nicole Cardoza 9/3/20 Nicole Cardoza 9/3/20

Support mental health response services.

Happy Thursday!

And a special three month anniversary to the Anti-Racism Daily! How long have you been on this journey with us? Take a look back and reflect on what you've learned. Do you have a story about how you've put the ARD into action? Let me know by replying to this email – we might feature you on our podcast launching next week! 🎉

But first, be sure to read today's call to advocate for alternative mental health response services in your community. Our criminal justice system wasn't designed for this, and as we demand justice for Daniel Prude we must also create more accountability for the safety of those most vulnerable.

As always, your contributions are so appreciated! You can give on our website, PayPal, or Venmo (@nicoleacardoza), or subscribe monthly on our Patreon.

Nicole

TAKE ACTION

Research: What are the alternatives to calling 911 in your city?

Are there none? Learn what your city council is planning for future budget spending related to law enforcement. Fight for an alternative.

Donate to the GoFundMe to support the family of Daniel Prude.

GET EDUCATED

By Nicole Cardoza

On March 23, Joe Prude noticed his brother, Daniel Prude, acting strangely and called the police for help. Officers found Daniel Prude naked and unarmed. He complied with officers’ demands and was quickly handcuffed. The officers then placed a spit sock – a mesh device used to shield police officers from spit and blood from the victim – over Prude’s head, one asking him whether or not he had AIDS. The officers then pin Prude down on the ground for over two minutes, ignoring Prude’s cries for help and continue to kneel on him as he appears to stop breathing. The family took Prude off of life support the following week. The medical examiner determined Prude’s death was a homicide. The police body camera footage was recently released as the family and local activists demand justice. Full story on The Appeal.

“I placed the phone call for my brother to get help, not for my brother to get lynched. When I say get lynched, that was full fledged, murder, cold-blooded — nothing other than cold-blooded murder. The man is defenseless, naked on the ground, cuffed up already. I mean come on, how many brothers got to die for society to understand that this needs to stop? You killed a defenseless black man, a father’s son, a brother’s brother, a nephew’s uncle.”
Joe Prude, the brother of Daniel Prude, for Rochester First

Ashley Gantt, a community organizer from Free the People Roc and the New York Civil Liberties Union, spoke with the family and other activists yesterday demanding justice. Their speech noted that "the Rochester Police Department has shown time and again that they are not trained to deal with mental health crises. These officers are trained to kill and not to de-escalate” (Democrat and Chronicle). This story, unfortunately, isn’t distinct to just Rochester. Across the country, individuals with mental health conditions are disproportionately impacted by the police.

One in four people killed by police in 2015 had a severe mental health condition (Washington Post). And beyond this, 40% of people with serious mental health conditions will interact with the criminal justice system in their lifetimes. 2 million are booked in jails each year (Washington Post). Most of these individuals haven’t been convicted of a crime, but if they have, they’re more likely to have been charged with a minor offense than something series (NAMI).

What’s more? They:

Remain in jail 4x to 8x longer than people without mental health conditions charged with the same crime
Cost 7x more than other inmates in jail
Are less likely to make bail
Are more likely to gain new charges while incarcerated

In fact, there are more people with mental health conditions in prisons than hospitals (Washington Post).

And communities of color, particularly Black people, are especially at risk, as they’re already disproportionately impacted by police brutality (Time). As we discussed in an earlier newsletter, Black people are more likely to have mental health issues and other disabilities, and less likely to receive diagnosis and treatment (Time).

This is why the conversation surrounding “defund the police” is so critical. Our law enforcement often acts as first responders for mental health crises. John Snook, the executive director of the Treatment Advocacy Center, emphasizes that mental health crises is the only medical illness that we allow the police to respond to. “Someone has a heart attack, a stroke—we don't send the police to help them. Law enforcement aren't trained to be mental health professionals” (Vice).

Part of this is because of a historical shift to defund mental health, accelerated in the 1960s with the passage of Medicaid (Mother Jones). From there, a series of mental health funding cuts caused state mental health services to dwindle nationwide. The Sentencing Project found that 6 out of 10 states with the least access to care have the highest rates of incarceration. Learn more about the history of deinstitutionalization and defunding the police in-depth over at Vice.

But another part of this is a history of intentionally deeming Black people as mentally ill to justify enslavement and dehumanization, which Ebony explained in detail in an earlier newsletter on Black mental health. Not only has this bias become reinforced throughout history, it becomes cemented within our criminal justice system when a Black person experiencing a mental health crises become synonymous with danger and threat.

Mental health response organizations across the country are providing that alternative forms of support are possible, and effective in supporting citizens in need without violence. CAHOOTS, or Crisis Assistance Helping Out on the Streets, is a non-profit organization working alongside local police in Eugene, OR to support mental health 911 calls, meeting those in need wtih medical resources nad trained professionals (Vice). Austin has a Expanded Mobile Crisis Outreach Team which does the same, and is expanding into telehealth care (Gov 1). More initiatives like this are expanding across the country (Vice) and could effectively reallocate funding from law enforcement while keeping these vulnerable communities safe.

And all of the news about police brutality is creating more mental health strain, exacerbating the problem at hand. A study published in The Lancet in 2018 found that stories of police killings have adverse effects on mental health among Black American adults who were not directly affected by the incident (Penn Today). Another study published in 2019 found that viewing viral videos of police killings, beatings, and arrests — and seeing images of immigrants in cages — was associated with symptoms of depression and PTSD in adolescents (Journal of Adolescent Health). According to the lead researcher Brendesha Tynes, this is especially insidious, as it can “make these kids feel worse about their racial identity, and make them internalize some of that dehumanization” (The Verge). We frequently write about why we don’t share graphic videos of brutality, and this is part of the reason why.

The Lancet study recommends that communities should have, in part, adequate mental health resources to heal from the trauma of these incidents. As we collectively continue to watch the video footage and stories circulate in the media, we need to resource ourselves as best we can to make it through during this significant racial reckoning of our time.

key takeaways

Individuals with mental health conditions, particularly people of color, are more likely to be negatively impacted by the criminal justice system
There are more people with mental health conditions in prisons than hospitals
By investing in community-based mental health services crisis response services we can decrease police brutality

8/26/2020 | Be an active bystander.

8/24/2020 | Demand justice for Jacob Blake.

8/23/2020 | Support those incarcerated and impacted by COVID-19.

8/12/2020 | Demand justice for Elijah McClain.

7/26/2020 | Pay attention to the Portland protests.

PLEDGE YOUR SUPPORT

Nicole Cardoza 8/29/20 Nicole Cardoza 8/29/20

Study Hall! The trauma of police brutality videos, active bystander trainings.

Get daily actions in your inbox. Subscribe Now ›

Welcome to our weekly Study Hall. Each week I answer questions and share insights from each of you in our community. We have such a wide range of readers from various different backgrounds and industries, and I always appreciate reading how this work is showing up for you.

This week was the longest year of my life, honestly, and we covered critical issues preventing our collective liberation. Spend some time reviewing the questions and insights below, and resource yourself for the work ahead.

As always, your support is greatly appreciated. These contributions are our only source of funding and help us pay writers and develop new resources. You can give one-time on our website, PayPal or Venmo (@nicoleacardoza), or subscribe for $5/mo on our Patreon.

Nicole

Share | Tweet | Forward

TAKE ACTION

1. Reflect on the questions prompted by our community.

2. Ask yourself two questions about one of the topics we discussed this week. Discuss these questions with a friend or colleague.

GET EDUCATED

In review: The newsletters we published this week.

Q+A

Q: It seems like there was a lot of misleading information published about the attempted murder of Jacob Blake. How do we know which news sources to trust?

A: I recommend always checking multiple sources to ensure what you read is true. The news is often sensationalized, so move past the headlines you see on social media and read the full article. Also, just because something is shared often doesn't make it true.

I also recommend following local journalists, both in your community and when you're learning more about news that's occuring in a specific area. Many local journalists will report in real-time during a crisis on Twitter, which is what we used to publish our initial report on Jacob Blake on Monday.

U.S. Representative Alexandria Ocasio-Cortez shared more about this on her Instagram, which was reposted on this Twitter thread.

From Demand justice for Jacob Blake. on Monday, August 24.

Insight

We often get questions from readers internationally on how to take action from their countries. Usually you'll find the same injustices occurring closer to home. Here's a note from a Canadian reader on how Tuesday's conversation on racism in. America's art museums is reflected in Canada:

This isn’t specifically related to art galleries or museums but, here in Winnipeg (in Canada), we are home to the Canadian Human Rights Museum. There has been much controversy attached to this museum since its inception but has recently come under fire for racism experienced by employees of colour and censoring content (such as a queer rights display) for different tour groups.

Just wanted to pass this on in case it is helpful for some Canadian content. Here’s a link to the full article: https://www.cbc.ca/news/canada/manitoba/pervasive-and-systemic-racism-at-canadian-museum-for-human-rights-report-says-1.5674468

From Rally against racism in America’s art museums. on Tuesday, August 25.

Insight

Linda shared this quote that embodies the act of an active bystander:

"We must always take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented." Elie Weisel

From Be an active bystander.on Wednesday, August 26.

Insight

Many people also shared that Hollaback has a series of free active bystander trainings that you can take, including one to intervene on harassment to people from AAPI backgrounds, and one to counteract implicit biases. You can learn more here or make a donation to support their work.

From Be an active bystander on Wednesday, August 26.

Q+A

Q: You mentioned that we shouldn't share videos of violence against people of color. But other people are saying that it's important that we "don't look away," because so much of these injustices have been overlooked for decades. How do we balance the two?

Here's the thing. We shouldn't need graphic videos of violence against communities of color for us to be believed. There are already countless graphic examples of the brutalization against us throughout history, available readily on the internet. These videos are proven to be traumatizing for African Americans. It is offensive for anyone to argue that the education of a white person should come before the safety and health of a non-white person; in fact, it's another form of violence.

This argument also forgets the importance of choice. Emmett Till's mother made the brave decision to share the photos of the mutilation of her child's body when he was murdered 65 years ago. But many of these videos circulating were not shared with the consent of the individual or their kin.

I can trust the accounts of eyewitnesses, and do my work to cross-reference sources from journalists. I don't need a video to believe a Black person when they call attention to the injustices so ingrained in our society.

Read more:

https://newrepublic.com/article/153103/videos-police-brutality-traumatize-african-americans-undermine-search-justice

From Be an active bystander on Wednesday, August 26.

Q+A

Q: The threat of incarceration can be powerful motivation for people to not use drugs, or fight a drug addiction. Shouldn't we keep it instead of decriminalizing it?

A: No, y'all. Why would we hold onto a rotten system in the hopes that it will encourage healthier behaviors? It would make much more sense to divest these funds into community support that can provide drug awareness and rehabilitation. In fact, it's believed that decriminalization will further encourage people to seek help.

From Help decriminalize drug possession on Tuesday, August 27.

7/11/2020 | Study Hall! Raising multiracial children and addressing microaggressions.

PLEDGE YOUR SUPPORT

Nicole Cardoza 8/26/20 Nicole Cardoza 8/26/20

Be an active bystander.

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Happy Thursday,

I started drafting today's email this weekend before I learned about Jacob Blake. I reflected on the attack against Eden Estrada, Jaslene Whiterose, and Joslyn Flawless, and the apathetic response from onlookers as they called for help. It made me consider how, as a society, we choose to witness the violence and suffering against communities of color, and how that's evolved with digital technology. I hope today's email encourages everyone – particularly those with white privilege – to do more to protect those that need it most.

If you follow us on Facebook or Instagram, you may have noticed the flurry of hateful rhetoric and harassment from new "fans." Their responses demonstrate why we need to stay committed to this work. Thank you to all those supporting in the comments.

You can always support our efforts by making a one-time contribution to our website, PayPal, or Venmo (@nicoleacardoza). Or, subscribe monthly on Patreon.

Nicole

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TAKE ACTION

Know your rights when taking videos and photographs.
Learn what to do after taking a video of police brutality.
Identify the right individual and protocol for escalating racism in your workplace
Reflect: How can I exercise my privilege to be more active during crisis?

GET EDUCATED

By Nicole Cardoza

On Sunday, August 16th, three trans women of color, Eden Estrada, Jaslene Whiterose, and Joslyn Flawless, were robbed and physically and verbally assaulted while waiting for their ride in Los Angeles (CNN). As it occurred, onlookers gathered to watch, casually recording the event on their smartphones, some even yelling their own insults. Throughout a 26-minute video of the attack on YouTube, only one person is seen briefly stopping to help. This attack adds to a long list of violence against the transgender community – this year alone, at least 26 transgender or gender non-conforming people fatally shot or killed by other violent means, a number which is likely vastly under-reported (HRC). This wave of violence prompted the American Medical Association to declare it an “epidemic” (NYTimes). Read more on the importance of centering Black trans lives in a previous newsletter.

In a news conference regarding the incident, city officials were quick to admonish the bystanders. Deputy Chief Justin Eisenberg called the lack of intervention "callous” (People). And it is, especially after a nationwide reckoning for racial justice in the LGBTQ+ community. Amid protests and Pride month this past June, transgender women of color have mobilized to ensure their voices are heard. But when these women needed their community most, they simply watched on passively.

Our society has a deep history of watching injustice unfold from the sidelines. And this goes beyond acts of racial violence. The horrific murder of Kitty Genovese in 1964 is a well-known example, where early reports indicated that 38 witnesses heard and ignored her calls for help. This story was greatly exaggerated, but its impact sparked a flurry of studies on how so many people failed to act (read the full story and the publication’s detractions in the NYTimes). Referred to as the “bystander effect,” their research indicated that the more people who witness a catastrophic event, the less likely anyone will do anything. Each person thinks someone else will take responsibility (Harvard). Additional research indicates that “in-group favoritism” may prevent bystanders from intervening for someone they don’t identify with, which can bring in various implicit biases (NBC News). You can read more examples of how this has unfolded across other terrible acts of violence in NPR.

But our society also has a history of actively watching the suffering of communities of color. Over 4,000 African Americans were lynched between 1877 and 1950 (Equal Justice Initiative), and at least 137 Native Americans were lynched between 1835 and 1964 (VOA News). These murders were often not just public affairs but also popular events; communities would gather together to watch as if it were a fun occasion (Equal Justice Initiative). Oftentimes, organizers would pass out pieces of the victims’ clothing and body parts as souvenirs. Photographers would often be present to capture the event, and postcards with photos of the victims would be offered for sale as collectibles (Equal Justice Initiative). In these cases, too, innocent victims would be subject to torture and murder without community help.

Note how similar this is to the viral videos of recent violence shared effortlessly across social media. With the rise of technology, it’s even more straightforward for the pain and suffering of communities of color to become public spectacle for eager audiences. Although sharing them can raise awareness, they often do more harm. This is one of many reasons I don’t share these videos in this newsletter – and encourage you not to do the same. And remember that watching these videos without taking action is still a passive response.

The bystander goes beyond public acts of violence. It extends to when we watch our racist family member say something at the dinner table, or fail to intervene when we hear a microaggression at work. Whenever we choose not to engage, we make it seem that these actions are tolerable and reinforce white supremacy. It sets the precedent that we are willing to excuse this violence elsewhere, not just from our peers, but our police officers, schools, on social media, and in prisons, for starters.

This concept is why more police departments are hosting “duty to intervene” or “active bystander” training, as an effort to make police officers to respond in the moment if their peer is exercising excessive force. Read a general overview via Vice, and a recent example from the Wilmington Police Department. Similar efforts to prevent sexual assault have recently been implemented at Uber (Fortune) and universities (NIU, MSU). But these efforts need to be aligned with shifting toxic culture internally – and unwind each company or institution’s long history with oppression.

It’s important to note that being an active bystander often takes privilege. Sometimes, we may only be able to watch helplessly. But when you are in a situation where you can exercise that privilege, you must. Do not choose to enjoy the show. Put your body and reputation on the line to protect the victim, however you can. And if you can’t, take clear accounts of what happened. This could be by filming an interaction between a victim and the police, or making a note of a microaggression to alert HR. Researches note that even telling another bystander to do something can pull you and/or them out of apathy and into action (Harvard).

And we need action now more than ever. Remember that without the videos, we may not have known the truth behind the injustices that George Floyd, Keith Lamont Scott, Tamir Rice, Walter Scott, Alton Sterling, Eric Garner, Philando Castile, or Jacob Blake, among others, suffered. How many stories have gone unreported? How much more suffering will be enjoyed as entertainment? And when will we fight for those further marginalized, like the LGBTQ+ community, with the same strength?

Key Takeaways

The "bystander effect" often decentivizes individuals in groups from taking action during crisis
Our society has a long history with making suffering a public spectacle
To center those most marginalized, we must become more active bystanders and exercise whatever privilege we have, when we can

6/4/2020 | Don't tell Black people how to respond.

6/6/2020 | Give to bail funds – and abolish cash bail.

7/6/2020 | Abolish qualified immunity.

6/30/2020 | Boycott as a form of protest.

PLEDGE YOUR SUPPORT

Nicole Cardoza 8/24/20 Nicole Cardoza 8/24/20

Demand justice for Jacob Blake.

Donate to the family’s GoFundMe and contact officials in Kenosha to ensure accountability.

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Today marks one year since Elijah McClain was murdered by the Aurora Police Department. His death has not seen justice. It has been 164 days since Breonna Taylor was murdered by the Louisville Metro Police Department. Her death has not seen justice. My heart is broken as I write another email calling for justice for another person in my community. It will take all of our voices and efforts to make this one the last.

Please share this story widely and encourage your community to take action. This work takes all of us. And for Jacob Blake and all others who have lost their lives to police brutality, we were already too late. The next best time is now.

Links to support our newsletter: give one-time on our website, PayPal, or Venmo (@nicoleacardoza). Or contribute monthly on our Patreon.

Nicole

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TAKE ACTION

Call local officials to demand the police officers are held accountable:

Kenosha City Attorney 262-653-4170
Kenosha Mayor and City Administration 262-653-4000
Kenosha Police Non Emergency Line 262-656-1234
Wisconsin DOJ (608) 266-1221

Donate to the Milwaukee Freedom Fund, which is extending support to protestors in Kenosha: https://bit.ly/mkefreedomfund

Review the calls to action in our related newsletters below

GET EDUCATED

Yesterday evening, an unarmed Black man was tasered and shot in the back seven times by police officers in Kenosha, WI. Reports indicate that the police were on the scene to respond to a domestic dispute, and the victim was attempting to help settle it (Kenosha News). A video of the shooting was widely circulated on social media*. In the video, the victim can be seen walking to his car and opening the door before being restrained by a police officer and shot multiple times point-blank in the back. Another video released late Monday shows Blake wrestling with a couple police officers a few moments before walking to his car (Daily Mail). A reporter for WISN, a news channel in Wisconsin, later confirmed that the victim is 29-year-old Jacob Blake (Twitter). A large group of people was present to witness the shooting, in addition to his fiancée and children. As of the time of writing this, Blake remains alive and in serious condition. Protests have since erupted in the city demanding accountability.

Kenosha is less than an hour away from Milwaukee, where the Democratic National Convention was held last week. The police officers currently do not wear body cameras, but the Kenosha County Board voted 22-0 to include body cameras for the sheriff’s department in next year’s budget (Kenosha News).

This is an ongoing story and, because this was published in a daily newsletter, we’re unable to update or change the information published here. However, we will continue to update the web version of this newsletter on our website. In addition, please keep yourself educated on this topic from other news sources.

But to be clear: there is no additional information that can ever be provided to justify this shooting. There is no justification for an innocent citizen of this country to be restrained and shot several times in the back. There is no excuse or apology for millions of us to wake up to another video of senseless violence by those entrusted to our protection. We are not waiting for more facts to be outraged, overwhelmed with grief, or take action. This is not "just another" police shooting, because one shooting alone is more than enough to demand change. We wish Jacob Blake a full recovery and swift justice.

*We are intentionally not circulating the video in this newsletter, and urge you to do the same. Read this article for context (Recode).

6/4/2020 | Don't tell Black people how to respond.

6/6/2020 | Give to bail funds – and abolish cash bail.

7/6/2020 | Abolish qualified immunity.

6/30/2020 | Boycott as a form of protest.

PLEDGE YOUR SUPPORT

Nicole Cardoza 8/12/20 Nicole Cardoza 8/12/20

Demand justice for Elijah McClain.

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Today is my 31st birthday, and I don't take a day of this short and precious life for granted. I am celebrating another year around the sun in a time of so much sorrow, knowing how deeply my community is hurting in the midst of these unprecedented times.

Today's newsletter is a reminder that this work is, quite simply, a matter of life vs. death. I can celebrate another birthday, but Elijah cannot – as so many other people we've lost to police brutality this year. It's our responsibility to use every breath we have for all those who have had their breath stolen away from them. Please take action for Elijah today. And thank you Saraya @justiceforelijahmcclain for collaborating with us on this piece.

As always, consider making a donation to this project. You can give on our website, PayPal, Venmo (@nicoleacardoza) or by subscribing for $5/mo on our Patreon. Thank you for everyone that makes this newsletter possible.

Nicole

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TAKE ACTION

Send a postcard through this Black woman-owned card company to Colorado officials demanding justice. #lettersforelijah

Call Colorado officials to demand justice – link includes phone numbers and a sample script.

Sign the petition calling for the district attorney Dave Young to resign.

View more ways to support through the @justiceforelijahmcclain website.

GET EDUCATED

By Nicole Cardoza

Written in collaboration with activist Saraya Hamidi at @justiceforelijahmcclain. Follow them on Instagram for more ways to take action.

Yesterday, the family of Elijah McClain filed a federal civil rights lawsuit against the city of Aurora and the police officers and paramedics responsible for his death (AP News).

Elijah McClain, a 23-year-old massage therapist, was stopped by three officers on Aug. 24, 2019, who responded to a call about a suspicious person “wearing a ski mask” and “waving his arms.” The caller noted that “he looks sketchy. He might be a good person or a bad person” (NPR). Police arrived and put Elijah in a chokehold. Paramedics gave him 500 milligrams of ketamine to calm him down – despite the fact that Elijah was already handcuffed and on the ground. McClain suffered cardiac arrest and was later declared brain dead and taken off life support several days later. Elijah McClain had not committed any crime.

The lawsuit outlines how one officer jammed his knee into McClain’s arm “with the sole purpose of inflicting pain by forcefully separating Elijah’s bicep and triceps muscles.” It also outlines how two officers reported that all three of them simultaneously placed their body weight, estimated to be over 700 pounds, on McClain, who was 5’6” and weighed 140 pounds, after putting him in a chokehold. In a statement released by their attorney, the family stated that “we have filed this civil rights lawsuit to demand justice for Elijah McClain, to hold accountable the Aurora officials, police officers, and paramedics responsible for his murder, and to force the City of Aurora to change its longstanding pattern of brutal and racist policing” (AP News).

Elijah was known as "nothing but positive" by his cousin, "sweet” by his sister, and "an introvert who sought peace in his life" by his mother (Elle). He played violin at a local shelter to soothe the animals. Elijah was also anemic, and often wore layers of clothing and masks to stay warm (The Cut). Body camera footage, which wasn’t released until November, captures the entire encounter, including Elijah’s last words, copied and pasted below.

I can’t breathe. I have my ID right here. My name is Elijah McClain. That’s my house. I was just going home. I’m an introvert. I’m just different. That’s all. I’m so sorry. I have no gun. I don’t do that stuff. I don’t do any fighting. Why are you attacking me? I don’t even kill flies! I don’t eat meat! But I don’t judge people. I don’t judge people who do eat meat. Forgive me. All I was trying to do was become better. I will do it. I will do anything. Sacrifice my identity, I’ll do it. You all are phenomenal. You are beautiful and I love you. Try to forgive me. I’m a mood Gemini. I’m sorry. I’m so sorry. Ow, that really hurt. You are all very strong. Teamwork makes the dream work. Oh, I’m sorry I wasn’t trying to do that. I just can’t breathe correctly.

You can read a detailed overview of the case via The Cut and watch the body camera footage here.

With the swell of protests after the death of George Floyd, Elijah’s case captured national attention, and thousands of people have called for justice. The office of 17th Judicial District Attorney Dave Young, which cleared the officers involved in detaining McClain of any wrongdoing, received over 10,000 emails and 1,000 voicemails in the beginning of June alone (Colorado Sentinel). A Justice for Elijah McClain petition has received over 5 million signatures (Change.org). Violin vigils honoring his life and protests demanding justice have sprung up across the country and the world.

Even so, we’re a long way from justice. All officers were briefly placed on leave, but since reinstated. Two were fired after the fact because they posed for a selfie that reenacted the chokehold for “solidarity” (CBS News). An autopsy report by the Adams County coroner said that the cause of death was “undetermined,” and criminal charges would not be filed. At the end of June, Colorado state governor Jared Polis signed an executive order for state’s attorney general, Phil Weiser, to re-examine the case, but no charges have yet to be filed (NYTimes). And although the Aurora police department has issued new rules against excessive force, the city’s public safety policy committee demands more (Colorado Sentinel).

In his last words, Elijah said that he was “different,” and that point, paired with his chronic asthma, has caught particular attention in calls for accountability. A study from 2016 shows that nearly half the people killed by police had some sort of disability (NAMI). And Black people are more likely than white people to have chronic health conditions, more likely to struggle when accessing mental health care, and less likely to receive formal diagnoses for a range of disabilities (Time). Our law enforcement is often the first response for any issue, regardless of whether there’s violence or not. But they have minimal training on de-escalation tactics. A report from the Police Executive Research Forum found that police academies spend, on average, about 58 hours on firearm training and just 8 hours on de-escalation or crisis intervention (Police Forum). Proper de-escalation might have saved Elijah, but he isn’t alone; several police brutality victims, including Sandra Bland, Freddie Gray, Eric Garner, and Tanisha Anderson, all had disabilities or underlying health conditions (Huffington Post). And as Adiba Nelson, mother and disability rights and inclusion advocate, wrote for Parents Magazine, “if Elijah McClain was not safe in the hands of the police, how can my child be?” (Parents).

“I worry that as a teenager or young black man, if my son wears a hoodie someone might call the police because he looks threatening. If police approach him and he doesn’t react in a typical way, would they wrestle him to the ground? […] Already, I’ve tried to instill how he should act around police. My son doesn’t understand why anyone would be afraid of him or assume that he is a bad person because of his skin color. When I tried gently to explain, he cried”.

Jackie Spinner, associate professor at Columbia College Chicago, for The Washington Post

This August marks one year since Elijah McClain’s wrongful death at the hands of Aurora, CO officers and medics, and activists are rallying communities to advocate for justice. With your help, and bolstered by the federal civil rights lawsuit filed yesterday, we can finally see justice for Elijah and the McClain family. Please share this story and today’s action with your community.

KEY TAKEAWAYS

Elijah McClain was murdered by the police in August 2019 and none of the involved officials have been charged with a crime
On Tuesday, August 11 the family of Elijah McClain filed a federal civil rights lawsuit against the city of Aurora and the police officers and paramedics responsible for his death
Despite persistent action from the community, the family is still seeking justice
A coordinated campaign for the month of August hopes that justice will finally be found

RELATED ISSUES

7/6/2020 | Abolish qualified immunity.

7/2/2020 | Remove police from our public schools.

6/23/2020 | Defund the police – beyond the slogan.

6/20/2020 | Support reparations.

6/17/2020 | Learn about the history of lynching in America.

6/13/2020 | Center Black trans lives.

6/5/2020 | Breonna Taylor. Say her name. And remember it.

PLEDGE YOUR SUPPORT

Nicole Cardoza 7/31/20 Nicole Cardoza 7/31/20

Keep fighting for Breonna Taylor.

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It's Friday and today's a great day to keep fighting for Breonna Taylor. Were you expecting a different punchline? Then maybe you’ll enjoy today's newsletter on the memeification of Breonna Taylor and what we must do as we fight for justice.

Although it's disheartening to write once again about Breonna Taylor, I also know that all of her killers are still walking free. And because of that, I must use my voice to keep advocating for her – and for all of us that have the privilege to still be here, and benefit from the changes that are coming. How do you choose to use yours?

We'd love your support to keep our reporting growing! Consider giving one-time on our website, (or Venmo @nicoleacardoza), or pledge $5/month on our Patreon. Many thanks to all that have supported so far!

Nicole

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TAKE ACTION

Sign the Color of Change petition to demand that all police officers involved in the death of Breonna Taylor are fired.

Donate to the Louisville Community Bail Fund, and aid the protesters still rallying in Breonna's hometown.

Call Kentucky's local official and the public integrity unit of the Louisville Metro Police Department to demand the officers involved in Breonna's death are fired and charged with her killing. Go to StandWithBre.com and tap the button on your mobile phone and they will call for you!

GET EDUCATED

By Nicole Cardoza

O Magazine is ending regular print magazine issues in December 2020 to adopt a digital-first approach (Hollywood Reporter). But for the first time in 20 years, Oprah herself isn’t on the cover. Instead, this month’s cover is dedicated to Breonna Taylor, who was murdered 140 days ago by Louisville Metro Police Department officers Jonathan Mattingly, Brett Hankison, and Myles Cosgrove after they entered her home with a no-knock warrant while she was sleeping and opened fire (The Cut). Although one of the three officers have been fired, the other two are only on administrative reassignment, and none of the officers face criminal charges (NYTimes). The magazine commissioned 24-year-old digital artist Alexis Franklin to create the cover, and she used a well-known selfie Breonna Taylor took shortly before her death (Washington Post).

You may have seen this photo on the cover because it’s been all over social media – in fact, Breonna Taylor’s name and image have been widely shared through memes, gifs, text-based posts, and more since the protests. Earlier this week, the controversial 'Women Supporting Women' Selfie Challenge dominated timelines when women encouraged others to share a selfie in black-and-white (Elle Magazine). Many people decide to use the moment instead to share photos of Breonna Taylor (The Lily). Echoes of calls for justice are heard in protests on the street, in window signs, and amplified by celebrities. Beyonce penned an open letter to the Kentucky State Attorney General (Beyonce). The WNBA dedicated its entire 2020 season to honoring Taylor and the Say Her Name movement (KPBS).

Breonna was murdered in March 2020, but her story became a key narrative in the Black Lives Matter protests in May, with specific attention towards how little press her story had received. Although Blavity and The Root, two major publications that focus on Black stories, published articles about her story in late March, mainstream news sources didn’t pick up her story until late May (used Google Search results for this one). Although the intense coverage of COVID-19 during this time likely played a factor (Courier Journal), many believe it’s our country’s longstanding tenuous relationship with Black women that minimize police brutality like this (PBS). And until we see more accountability for her death, we can expect that her story will continue to resonate with allies and activists as the anti-racism movement progresses.

But are all these memes and tributes and cover takeovers helping, or hurting? Some believe that these statements don’t do her life and legacy justice. And the statement “arrest the cops who killed Breonna Taylor,” a popular catchphrase, is misleading, according to film and culture pop critic Cate Young (Jezebel). How exactly is the community supposed to achieve that while they’re scrolling through Instagram? The more pertinent actions – like the ones in today’s Take Action section – are shared significantly less.

And what is the creator intending to do when posting a meme like this on social media: raise awareness about the injustice of over-policing Black women, or gain some easy likes? And the memeification of violence against Black women is perpetuating the same systems of discrediting and minimizing that pain (which we touched on briefly in yesterday’s Anti-Racism Daily).

“When she’s diluted down to a glib, cutesy meme it’s a dishonor to her. She was very much a real person, with real thoughts and dreams and dislikes. She leaves behind a world of hurting family, friends, and acquaintances”.
Christine Boyer, writer, for Jezebel

Others believe that these subliminal messaging shift perceptions and encourage action in a time where many people’s newsfeeds have gone back to normal. Allissa Richardson, a journalism professor at USC Annenberg and author, believes that it’s a powerful way Black people can trick the algorithm to hold conversations that advance critical issues that may otherwise go ignored (Washington Post). And when conversations persist, media pays attention, drawing the conversation back into the press cycle. (It has compelled me, too, to write about Breonna Taylor again for the Anti-Racism Daily. Very meta).

The power of media in this movement brings to mind the strength of Emmett Till’s mother for holding an open casket, putting her son’s mutilated body on display for the whole world to see. The photos, which were published in Jet Magazine and circulated broadly from there, forced America to confront the brutality of the racism that may have been easy to overlook (view the photo and corresponding story in Time Magazine). Unlike the memes of Breonna, these images were chosen by the family and approved to share, not user-generated memes with their own branding and hashtags. But for the time, these images achieved something similar to what we’re seeing today: it’s impossible to look away. But we shouldn’t need a meme to draw our attention back to injustices against Black women. It’s our responsibility to share these stories with respect and care, and continue the fight for justice even when we’re not reminded to while scrolling through Instagram.

Like the story of Breonna Taylor, the perpetrators of the murder of Emmett Till walk free. In fact, the Emmett Till Legacy Foundation, which was created by family members of Till and other community members, is asking the community to sign a petition to hold Carolyn Bryant Donham, the woman that falsely accused Emmett Till of a crime he did not commit, accountable. Learn more about Emmett Till and his story in our Anti-Racism Daily on lynching, and sign the petition here.

KEY TAKEAWAYS

It has been 140 days since Breonna Taylor was killed by Louisville Metro Police Department officers Jonathan Mattingly, Brett Hankison, and Myles Cosgrove
Oprah joined a long list of celebrities, activists and individuals using their platforms to call for justice
The memeification of Breonna Taylor is helping to keep Breonna’s name in the media – and perpetuate the same systems that harm Black women
We must leverage our platforms to center the needs of other with care and grace

PLEDGE YOUR SUPPORT

Nicole Cardoza 7/6/20 Nicole Cardoza 7/6/20

Abolish qualified immunity.

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Happy Monday,

It's been 115 days since Breonna Taylor was killed and she still hasn't seen justice (Vox). I think about this often, especially as we watch conversations swirl around qualified immunity and how we hold police officers accountable when our systems fail to do it for us. Today's #antiracismdaily takes us through history to understand how qualified immunity prevents so many victims from finding even a semblance of justice in an unjust world.

This work is possible because of your contributions – you can invest one-time on Paypal or Venmo (@nicoleacardoza) or monthly on Patreon to keep this community growing. Thank you for your support!

Nicole

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TAKE ACTION

U.S. Readers:
Contact your local senator encouraging them to act on abolishing qualified immunity.

International Readers:
Consider how your country / region holds state and local officials accountable. How does this vary from the U.S.? How does it impact your local law enforcement?

GET EDUCATED

By Nicole Cardoza

What is qualified immunity?

As communities work to reform and abolish law enforcement across the country, qualified immunity is under heavy scrutiny. Over the past few weeks, a bill to end qualified immunity has been passed by the House (as part of the Justice in Policing Act), but is currently stalled in the Senate (Vox). Last Wednesday, July 1, liberal senators introduced the Ending Qualified Immunity Act (CNN) to add as a companion piece to the initial legislation.

Some police act like the law doesn’t apply to them. And because of qualified immunity, they're kind of right. Qualified immunity means that government officials are shielded from charges that they violated constitutional and civil rights – unless the victims of those violations can show that the rights were “clearly established law". This means that in order to charge the perpetrator, the victim must first find an exact same example of the case at hand that's already been ruled illegal or unconstitutional to establish its legitimacy (USA Today).

Still confused? Here's a TikTok video that demonstrates it more simply. Bless (some) TikTok creators.

Here's a real-life example. In February, the 5th Circuit U.S. Court of Appeals held that a prison guard in Texas who pepper-sprayed an inmate in his locked cell “for no reason” did not violate clearly established law because similar cited cases involved guards who had hit and tased inmates "for no reason", rather than pepper-spraying them (USA Today). The full report notes that if the victim was punched or hit by a baton "for no reason" the assault would violate clearly established law (PDF).

Another example is the story of Malaika Brooks, a black woman who was seven months pregnant and pulled over for speeding while dropping her 11-year-old off at school. She refused to sign the speeding ticket (mistakenly thinking it was an acknowledgment of guilt). She was then tased three times, dragged into the street, pressed facedown into the ground, and cuffed (NYTimes). Although the judges saw that her constitutional rights were violated, they dismissed the case, arguing that "no precedent had 'clearly established' that tasing a woman in Ms. Brooks’s circumstances was unconstitutional at the time" (NYTimes).

This creates a paradoxical situation: how can you hold law enforcement accountable if their specific violations haven't been held accountable in the past? Justices are allowed to interpret "clearly established law" as specifically as they choose. And what's worse – the more egregious the violation, the more likely it doesn't fit neatly into a previous case. It's no surprise that, according to George F. Will, the Supreme Court, applying its “clearly established law” doctrine, has denied immunity only twice in its past 30 cases (Washington Post). There are dozens and dozens of examples just like the ones above, preventing citizens from holding police accountable for harm.

“Important constitutional questions go unanswered precisely because those questions are yet unanswered. Courts then rely on that judicial silence to conclude there’s no equivalent case on the books. No precedent = no clearly established law = no liability. An Escherian Stairwell. Heads defendants win, tails plaintiffs lose”.

Judge Don Willett, U.S. Circuit Judge of the U.S. Court of Appeals for the Fifth Circuit, in The New Republic

So, how did we get here? Qualified immunity is buried in Section 1983 (named for its number in U.S. code, not the year), a provision from the Civil Rights Act of 1871, also known as the Ku Klux Klan Act. After the Civil War, the federal government was focused on re-integrating the South but faced violent resistance from white supremacists, most notably the Klan, who was waging a war of domestic terrorism by "killing black Americans and white Republicans, burning down their homes and churches, and intimidating local communities into accepting white-supremacist rule" (The New Republic). Sound familiar?

The government had to act, so it passed the Ku Klux Klan Act, granting it more power to intervene against violations of the 14th Amendment (house.gov). Within it, Section 1983 gave private citizens the power to sue state and local officials who were violating federal constitutional rights – building more personal accountability into the work (The New Republic). Although power granted by the Ku Klux Klan Act was removed by the Supreme Court after the Reconstruction Act, Section 1983 remained, dormant until 1961.

This is when James Monroe, a Black man, and his family were pulled from their beds late one night and assaulted by thirteen police officers with no warrant (sound familiar)? Monroe was then held for interrogation for 10 hours without access to a lawyer or being charged with a crime. In the case Monroe v Pape, the Supreme Court ruled that they had the right to hold the police officers accountable, using the terms of Section 1983 as reference. This grounded the provision as a part of holding law enforcement accountable in today's rhetoric (The New Republic).

But a shift in terminology has made this more difficult to execute. Initially, the rule was written so that citizens could hold officials liable if their actions were "under color of state law," meaning they were executed by state or local officials. But the Supreme Court changed this in 1982, revising to ensure that government officials were entitled to “qualified immunity” from such lawsuits unless their actions violated a “clearly established law” (The New Republic), the terminology that still stands today. Despite the flood of renewed interest this past June, the Supreme Court declined to revisit this topic, leaving it up to the legislative branch to figure it out (CNN).

It's important to note that abolishing qualified immunity won't solve all problems in law enforcement – but if you've been reading this newsletter long enough, you might have already realized that! These issues never exist in isolation, and one change can't dismantle an entirely inequitable system. But abolishing qualified immunity sends a message that many more police officers that violate the Constitution will be held accountable. It also holds anyone with government power to the same standards as normal human beings. And shouldn’t we all be held to the same levels of accountability?

“Qualified immunity shields police from accountability, impedes true justice, and undermines the constitutional rights of every person in this country. There can be no justice without healing and accountability, and there can be no true accountability with qualified immunity. It’s past time to end qualified immunity, and that’s exactly what this bill does”.

Ayanna Pressley, U.S. Representative for Massachusetts's 7th Congressional District, on her website.

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Key Takeaways

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Key Takeaways

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

KEY TAKEAWAYS

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

KEY TAKEAWAYS

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

KEY TAKEAWAYS

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

KEY TAKEAWAYS

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

KEY TAKEAWAYS

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

Key Takeaways

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

Key Takeaways

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

key takeaways

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

Key Takeaways

RELATED ISSUES

PLEDGE YOUR SUPPORT

TAKE ACTION

GET EDUCATED

RELATED ISSUES

PLEDGE YOUR SUPPORT