Due Process: Is It Standard Operating Procedure?

United States Supreme Court  The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill.
United States Supreme Court. The southern-facing main facade of the United States Supreme Court, overlooking Capitol Hill. Source: Matt Popvich, Creative Commons

I read “The Presumption of Guilt: The new liberal standard turns American due process upside down” the other day. I found this piece presumptuous at worst, and revelatory at best. The WSJ editorial board outlines three core tenets potentially derailing due process in the Kavanaugh appointment, most notably the presumption of his guilt. These core tenets, in the board’s estimation, will defend against a mockery of “the new liberal standard of legal and political due process.” What strikes me most about this piece is the presentation of their core beliefs about the justice system in America: “The core tenet of Anglo-American law is that the burden of proof always rests with the person making the accusation.” What the board revealed is the ever-present reality that populations of color in this country know and experience daily, and this fact is symbolized in the very name of the board’s ideal legal system itself: Anglo-Saxon. The law is not as colorblind or unbiased as the justice system would have us believe. The law is not for the protection of all; it is for the protection of Anglo-Americans. It is a law to the exclusion of everyone else. This blog, using the outlined WSJ tenets as section headers, speaks to the presumption of guilt applied daily to marginalized populations without due process.

Tenet #1: The core tenet of Anglo-American law is that the burden of proof always rests on the person making the accusation. Non-whites do not get the benefit of the doubt, even when video evidence, witness statements, or 911 recordings indicate otherwise. For marginalized persons, few opportunities transpire to make an accusation or offer a defense. Consider any number of non-threatening Sikhs, Muslims, Native Americans, or Blacks who find themselves on the receiving end of the “fear” of a White person for their safety. The accusatory nature of white America against persons of color, especially Blacks, living their lives has become so galvanized that #whileblack is a social media phenomenon.

#WhileBlack spotlights White Americans willingly interfering and causing disruption in the lives of Black people. Whether a politician canvassing a neighborhood or realtor checking on a property or a White grandmother riding home with her Black grandson, White Americans usage of the police as quenchers of irrational fear may result in the death of another unarmed and unassuming citizen. A few months ago, a group of Black women packed their car following their vacation when White residents phoned the police, accusing the women of robbing the AirBnB house where they stayed. Even after pleading their case, the officers did not believe the Black women. A White student at Yale phoned the police on two different Black students on two different occasions because she believed they did not belong on the campus. Colorado campus police detained two Native American students visiting a university when a White parent complained that the boys seemed threatening because they did not say much during the tour. In addition to highlighting the direct and structural violence that non-Whites face over the course of the day, #whileBlack showcases that the mastery of accusation and othering heavily favors the dominant party.

Tenet #2: An accusation isn’t any more or less credible because of the gender, race, religion or ethnicity of who makes it. This tenet suggests that any accusation is worthy of address. Recent history, including accusations against Roy Moore and this current case, tell us that many Americans presume the innocence of white males in the entertainment industry and political arena over white women. Thus, revealing a gender bias. Just ask Bill O’Reilly, Les Moonves, and Louis C.K. Presently the exceptions to this rule are men of color like Aziz Ansari and Bill Cosby.

Accusations of sexual misconduct by women of color are often dismissed or discredited. In 1991, Anita Hill came forward with allegations against Supreme Court nominee Clarence Thomas. When Lupita Nyong’o said Harvey Weinstein sexually harassed her, Weinstein denied the possibility of it, despite more than 40 other women making similar and more explicit claims. This tenet, however, is inaccurate if you are Carolyn Bryant or Donald Trump. Carolyn Bryant lied to a judge and jury in 1955. With that lie, she sentenced Emmett Till, a 14-year-old Black boy from Chicago, to a lynching by Bryant’s husband and other family members. Donald Trump, in 2008, initiated and perpetuated the birther narrative about President Obama. Despite the release of Obama’s birth certificate in 2011, many doubt Obama and believe Trump.

statue of justice
Scales of Justice-Frankfurt. Source: Michael Coghlan, Creative Commons

Tenet #3: The right to cross-examine an accuser. This tenet is the crux of due process as exercised under the auspices of a third party, whether a mediator, a judge, or an adjudicator. “The denial of cross-examination is a major reason that campus panels adjudicating sexual-assault claims have become kangaroo courts.” The right to confront an accuser is a component of justice; however, in many cases of sexual assault and violence, there is an invoking of “boys will be boys” and/ or “that’s just what we did in high school and college” to bypass cross-examination and the potential for prosecution altogether. This flippant attitude is primary to the problem. A double standard has always existed when describing the sexual behaviors of men and women.

In conclusion, what is interesting is for all the chatter of due process in this piece, the WSJ editorial board fail to recognize that due process is exactly what the women who have stepped forward desire. Due process allows the accusers the opportunity to tell their sides of the story and Kavanaugh to tell his side. It allows for cross-examination and a committee of his peers to decide if he should find himself rewarded with a lifetime appointment to the Supreme Court. Due process should bring about a more just society and system.

If the failure to administer due process signals “the new liberal standard”, how does it apply to conservative-led initiatives? Republicans control the executive, the legislative, and the judiciary – in effect, the Republican party is the chief executor of due process in all branches of government. Are Americans to infer that government officials have not implemented the due process as standard operating procedure? If there is a failure of due process, the burden of responsibility falls at the feet of the Republicans.

Due process seems like an overarching ideal outworked in the request to receive all the documents concerning his judgeship so proper vetting could take place in preparation for the confirmation hearing. It seems like a logical next step when considering the “committee confidential” emails that should not have been confidential; if there is nothing to hide, given the presumption of innocence and blind trust this society is to have for its leaders. Why is a due process so important in this case and for this person but not for others?

Where are the demands for due process for the children stolen from their parents and held hostage by the government as migrant families seek refuge in a country that once held so much promise? Where are the demands for due process when unarmed men, women, and children are murdered in their schools or on playgrounds, or streets or in their homes? Where are the demands for due process for the thousands of survivors of abuse in the Catholic Church? Where are the cries for due process when individuals commit suicide because they experience bullying because of something they cannot change or choose?

Articles 6-12 of the Universal Declaration of Human Rights outline the basic tenets of due process. If Kavanaugh has nothing to hide and believes, as an officer of the court, that the system is just, then he should have no issue facing his accusers, calling a cross-examination, and letting the justice system work. Unless he knows the demands for due process are inequitable because justice is not just.

What is the meaning of “due process” as a component of the justice system, if a potential justice stymies the rights of accusers during his pursuit of a position in the highest court of the land as an executor of the justice system?

Representation and Respect: Addressing Transgender Rights at UAB and Beyond

On Thursday, September 13, the Institute for Human Rights had the opportunity to host Joan Rater and Tony Phelan, parents to actor and student Tom Phelan; and Brianna Patterson, a transgender activist, veteran, former firefighter and UAB health educator. Joan covered her journey as a parent supporting her transgender son and advocating for trans representation on television, while Brianna shared her story of being a transwoman from the South, moving from social isolation to embracing her womanhood.

Brianna, Joan and Tony Engaging with the Audience. Source: UAB Institute for Human Rights

 

Joan opened with a presentation titled “Transforming My Family”, where she spoke about Tom’s transition that began at 17 but addressed his once reserved feelings about his gender. Tom was very confident as child, but this withered with his teens, becoming suicidal and even briefly moving from Malibu to Boston with his family so he could receive outpatient treatment. One day, after his mental health improved, while being dropped off at school, Joan and Tony received an email from Tom as he walked to class. The email was Tom’s proclamation of being transgender, at the time using they/them/their pronouns, while including resources for his parents to better understand. Usage of the internet and technology has proven to be a positive resource, not only for people in the transgender community to communicate, but to inform allies about the transgender experience, allowing to amplify these traditionally marginalized voices.

A year into his transition, with support of his parents, Tom pursued “top surgery” which is the process of removing one’s breasts through medical procedure. As soon as he had his doctor’s approval to workout, he began jogging without a shirt, feeling a sense of liberation. Soon after, Tom debated the idea of hormone therapy that would ultimately change his voice, becoming a compromise between his options as an actor and happiness. Tom chose the latter, eventually leading to a role as a trans teen, Cole, on ABC Family’s The Fosters. Once Joan saw her son’s role validating the experience of transgender fans, she saw it was her and Tony’s obligation, as television producers/screenwriters, to amplify such voices through media representation. This led to emergence CBS’s Doubt, including Laverne Cox as Cam, a transgender law graduate from Yale University who often litigated for underrepresented clients, contributing to the mainstreaming of complex, genuine transgender identities.

She then demonstrated the importance of voting in support of transgender rights and, if possible, donating to people and organizations who fight injustice professionally. Joan closed by insisting that when facing transphobia, we must be brave and cannot allow intolerance to go unchecked.

Brianna Patterson, an Alabama native and current health educator at UAB’s 1917 Clinic, shared the challenges and accomplishments throughout her journey, including her transition that began in 2012. Brianna expressed the first time she “felt different” was in 1st grade, not knowing how to identify these feelings and consistently using the girls’ restroom. Also, with being raised by strict grandparents, Brianna claimed to have been disciplined violently when caught experimenting with her grandmother’s clothes. At the age of 14, Brianna experienced her first suicide attempt, followed by self-isolation in high school, poor grades and an immediate retreat to the United State Marine Corps (USMC) at 17.

Brianna felt her new home in the USMC gave her the unconditional love she didn’t receive back home. Although, she described having internalized transphobia because she didn’t feel masculine enough. However, after serving her term in USMC, which included tours during the Somalian civil war, Brianna, still, didn’t feel masculine enough. This led to her joining the fire service at a local department in Alabama, which she served for 23 years. Toward the end of this career, Brianna pursued hormone therapy, but was first refused care by nine different physicians throughout the state, demonstrating the discrimination transgender patients experience in the health care field. One day, after producing her driver license with her new name, following a traffic accident, the local officer spread the word about Brianna’s identity. As a result, two years before being eligible for retirement, the city council voted to demote Brianna’s Captain status, highlighting how Alabama doesn’t provide protections for the transgender community.

Soon after, Brianna finished her Master’s in Public Health, first working for Planned Parenthood and now representing UAB’s 1917 Clinic, a job she loves because she gets to address vaccine education, recruit research participants and address health issues salient to the transgender community. Although there was a silver lining in Brianna’s story, many don’t include such an ending, demonstrating the need for local, national and international protections for the transgender community.

Following Joan and Brianna’s presentations, the guests, alongside Tony, fielded questions from the audience, including insurance coverage for gender confirmation surgery, internet support networks, advice for coming out and how to be a genuine ally to the transgender community. Brianna responded to the latter by confidently saying, “The best way to be an ally: Treat everyone like a human being. Educate yourself. And if you wouldn’t ask a cis woman that question, you shouldn’t ask a trans woman that question.”

What Does a Cave Rescue Have to Do with Statelessness?

In July of this year, I was a student in a graduate level study abroad program, Conflict Transformation across Borders, in Quito, Ecuador, through the University of Massachusetts in Boston. It was an intensive three weeks of learning about transnational conflict transformation, with an emphasis on the unique challenges of border zones. My intention was to mostly ignore the outside world while in Ecuador, to focus on my studies, but I continued to closely follow developments in a situation that had begun before I traveled to Ecuador. On June 23, 2018, twelve boys, members of the Moo Pa (Wild Boars) soccer squad, along with their coach, were trapped by flood waters in the Tham Luang Nang Non cave system, near Chiang Rai in northern Thailand.

I was keenly interested in this cave rescue situation from day one, because I am a long-time cave explorer, trained in cave rescue, and I lived in Chiang Mai (in northern Thailand) from 2012 – 2013. Also, some of my caving friends and acquaintances were involved in the rescue operation. Ultimately the entire world became captivated by the rescue effort which reached a successful conclusion on July 10, 18 days after the group became trapped in the cave. (Sadly, one of the rescuers, Saman Kunan, an ex- Thai Navy SEAL diver, lost his life during the rescue.) It was quite possibly the most difficult and technically challenging cave rescue operation ever conducted, and its success was due to an unprecedented level of international cooperation, with hundreds of expert volunteers from at least 20 nations including Australia, Belgium, Canada, China, Czech Republic, Denmark, Finland, Germany, Israel, Japan, Laos, Myanmar, Netherlands, Philippines, Russia, Singapore, Spain, Sweden, Ukraine, the United Kingdom, and the United States.

As the rescue and its aftermath unfolded, details about the boys and their coach emerged, and the international community learned that the coach and most of the boys are from ethnic minority groups, or “hill tribes,” and three of the boys as well as the coach are stateless. The area is in close proximity to the Thailand-Myanmar border, and is home to many stateless ethnic minorities. Around 500,000 stateless people are registered in Thailand – members of ethnic groups who for generations have moved across borders in the mountainous regions between Thailand, Laos, Myanmar, and China.

The high profile nature of the Thai cave rescue has served to raise international awareness of the plight of stateless people in Thailand, who cannot travel outside their home provinces, and are not eligible for basic government services such as healthcare and higher education. After the successful completion of the cave rescue, the Thai government promised citizenship to the three boys and their coach within six months, assuming there are no complications. Will this promise become a reality? It’s a powerful symbolic gesture to fast-track citizenship for the three Moo Pa soccer team members and their coach, but how does this help the rest of the 500,000 stateless people in Thailand who are waiting to start the process, or struggling to get through the process (which is often lengthy and complex)? Statelessness is a difficult problem to address, and can only be handled one case at a time. It took a massive cave rescue operation requiring international cooperation among 20+ nations to speed up the citizenship process for just four stateless individuals.

In partnership with the UNHCR, Thailand has pledged to end statelessness by 2024, and more than 27,000 stateless individuals have become Thai citizens since 2011. There are many reasons that people might be stateless, but typically it happens because of discrimination – religious or ethnic, for example. Those who are stateless have no nationality, and are denied basic human rights. The UNHCR estimates that there are 10 million stateless people worldwide, and UNHCR’s #IBELONG campaign seeks to end statelessness in the next decade. Everyone has the right to a nationality!

My hope is that the increased awareness of statelessness generated by the Thai cave rescue will help to bolster international support for the UNHCR’s #IBELONG Campaign to End Statelessness, not just in Thailand but worldwide. As individuals, we can help by signing up to support the campaign at http://www.unhcr.org/ibelong/ . Will you do it today?

 

Angela Morgan works for UAB Health System as a database administrator, and is a student in UAB’s Anthropology of Peace and Human Rights graduate program. Outside of school and work she has many interests including traveling, caving, hiking, backpacking, and photography.

No More No Less: Basic Human Rights are Transgender Rights

a photo of Brianna Patterson
Me

I am a person who is transgender.

Transgender is an umbrella term that includes those that identify on the gender spectrum. It is the term used to describe an individual whose gender identity and expression are different from expected societal norms. Gender identity is the personal sense of one’s own gender, and for the majority, it correlates to the sex assigned at birth. Gender expression is a person’s behavior, mannerisms, interests, and appearance that are associated with gender in a particular cultural context. The social normative gender spectrum in most western cultures has been for centuries, binary: male and female. The basis of this binary was the presence of sexual organs at birth. When I was born, the doctor, based upon the presence of a penis, assigned me male at birth, in accordance with the binary gender spectrum. However, internally I was female.

I identify as female. As a transwoman, I continually fight a battle against erasure of my life and existence. Since transitioning I have suffered erasure by losing a career of 23 years, health insurance that will not cover medically necessary treatments, been refused treatment by medical professionals, and the state will not acknowledge my identity.

To live my life, I had to do this without acceptance from others including family and friends. I did not live on the streets because I remained hidden. I understood from growing up with my deeply religious grandparents that if I were different—my true self, I would be disowned. I made many poor choices, started drinking at age 11 and dealt with anger issues up until I got ordered to anger management counseling by the United States Marine Corps (USMC). It must have been bad for the USMC to think I was too angry to deploy. I grew up before access to the internet (no old jokes), and I had no names for what I knew about myself, so like many I suffered in silence until I figured it out much later in life. I want to make it better for the young transgender and non-binary individuals that are coming out today.

Social-Ecological Factors

Every level of the social-ecological model, from individual or intrapersonal level, all the way up to the societal or structural level in the transgender community fights against identity erasure. Many, including myself, suffer from internal transphobia. Tran individuals encounter internal transphobia as a byproduct of absorbing negative messages about not following the societal norms. Internal transphobia can occur with something as simple as not using the preferred name or pronouns, and/or through the attempt by family members to “correct” the behavior through abusive methods. For example, if society continued to identity Caitlyn Jenner as Bruce Jenner, then society contributes to the manifestation of internal transphobia she might seek to overcome. Additionally, by not employing gender pronouns like he/him: female transitioning to male (FTM), or she/her: male transitioning to female (MTF), and encouraging abusive practices like conversion therapy or berating about dating/sleeping with members of the opposite sex, society infringes upon the rights of Trans individuals to dignity and personhood.

The feelings associated with internal transphobia are the result of many years of discrimination, rejection, and ignorance about the rejection of gender norms. Depression can result in dangerous behavior. At the interpersonal level, family and friends reject many trans folk when they come out as transgender or gender non-conforming, mainly due to the preconceived notion of a binary gender system. The rejection becomes isolating and often leads to homelessness. In addition, some receive abuse from programs designed to rid individuals of these kinds of thoughts. The non-conformance to traditional gender norms of male and female can lead many to demonize transgender people who are out and trying to live their life. As a marginalized community, members of the transgender population are subjected to violence, harassment, discrimination, and vilification by society as a whole. The National Center for Transgender Equality (2011) survey found that those individuals that are gender non-conforming in grades K-12 were 78% more likely to be harassed, while 35% report surviving assaults. The current situation in the U.S. in regards to which bathroom transgender individuals should use leads to increase harassment. Transgender people are viewed as perverts, and being attacked for wanting to pee in peace. These types of attacks create high levels of anxiety, depression, and isolation.

The constant threat of discovery lead many to remain in hiding, leading to increased suicidal ideology. For example, the Transgender population suffers from an abnormally high suicide rate of 41% compared to 1.6% of the general population in the US. The murder rate of transgender continues to climb each year here in the US. Since 2013, an average of 25 trans women have been murdered, and there have been 18 killed this year. According to Bauer et al., a high social support network showed a 48% decrease in suicide ideation and of those with ideation, 82% decrease in attempts of suicide. The population suffers from many forms of social exclusion, and one of the main determinates is that this population is rarely counted; thereby, resulting in the marginalization of the transgender population.

the transgender flag
Baltimore Pride. Source: Ted Eytan, Creative Commons

At the societal level, this population is highly marginalized, even within the LGB community and the “T” not well represented. Due to fear, many of those who identify as transgender, are unable or unwilling to make their voice heard. This discriminatory practice reinforces an individual’s ability to care for one’s self. Few policies provide protection for, and individuals gender identity or expression. The lack of protections at the local, and state level allows discriminatory practices to continue, contributing to the overall marginalization of the transgender community. The use of conversion therapy to cure this non-compliance with gender norms is only illegal a few states and the District of Columbia.

The current data suggests there are about 1.4 million adults within the US that identify as transgender. This estimate is double the widely used previous estimate, and many organizations believe this number remains far too low. The lack of research and information on transgender issues is a direct result of this form of social exclusion and leads to incorrect assumptions about the population. Individuals suffer from social exclusion by losing family and friends when they “come out,” or being bullied at school, work, or on social media sites because they are different and challenge the gender norms. Most Trans folk keep their identity private due to discrimination and harassment. Ninety percent of Trans adults report experiencing attacks or discrimination because of their identity. In the workplace, 47% of Trans folk are fired, denied a promotion, or not hired. I lost my career of 23 years when I transitioned.

I lost my job as a fire department captain/paramedic. When I began my transition I believe that my history of good performance and exceptional results over the years of service would provide a buffer for any negative concerns that were raised. However, this was not the case and upon my coming out to the fire chief and deputy fire chief it was clear they did not wish to continue my service to the community. Things were rocky, but the mayor and personnel director had taking my side in the arguments that developed. But, to my dismay the chief had work with the city council and gathered enough votes to begin my termination. I had 23 years in public safety and two more years till retirement. Due to the lack of protects for transgender workers, there were not many options available at the time. However, I had returned to school to build my education, fearing that this might happen I wanted to be prepared.

Despite the setbacks, I have accomplished what many transgender individuals are unable to do. I returned to school, completed my undergraduate and graduate coursework, and graduated with a Master’s in Public Health. Now, I work at UAB which has been accepting and minus a few speed bumps been inclusive of my gender expression/gender identity. I hope to make a difference in the local transgender community here in Alabama by starting the conversation and showing that Tran men and women positively contribute to society and only want to live their lives just like everyone else. So please come join the conversation with UAB’s Institute for Human Rights and Department of English as they present “A Human Rights Approach to Transgender Issues.”

I am just a woman trying to leave a better place than what I found and live my life authentically.

 

The Plastic Problem

A crushed water bottle lying on its side.
Crumpled. Source: Jesse Wagstaff, Creative Commons

The world is built to run on cycles.  The water-cycle.  The food-cycle.  The carbon-cycle.  The resources on Earth exist to be used and reused.  At some point, humanity lost sight of that, our eyes drawn to the concept of disposability.  Now we must face the consequences.

Think for a moment: when garbage day comes, how much trash have you collected?  If the millions of people who send their trash to landfills every week have as much as you, what does that look like?  It is important we remember that, after the garbage truck drives off into the distance, our bags of trash do not simply disappear from existence.  They must go somewhere, and they pile up.

Reduce, Reuse, and Recycle.  You have heard it before.  Place your plastic bottles and paper in the blue bin rather than the trash can.  Take shorter showers.  Unplug electronics when they are not being used.  This is often accepted as doing enough.  The sad truth is that this makes a very small dent in the pollution of our environment.

Background

Despite being aware of its impact on the planet, most of us cannot imagine day to day life without plastic.  However, the world has not always relied on plastic as we know it.  Though naturally derived plastics have been in use for ages, the first fully synthetic plastic was not developed until 1907.  In the 1930s, its use was common in aspects of the war such as military vehicles.  Since then, plastics have become increasingly commonplace and depended on in everyday life.  It is estimated that over 8.3 billion tons of plastic have been produced since the 1950s.

Plastic does not decompose like other materials.  It is estimated that it takes at least 450 years to decompose but may never actually do so.  It shrinks and is often mistaken for food by animals or ends up in our water.  More than five trillion pieces of plastic are already in the oceans due to litter and mismanaged trash that never even reaches a landfill.  According to the United Nations, it is possible that the oceans will hold more plastic than fish by 2050 if something does not change.

We are constantly surrounded with promotions of the concept of “out with the old, in with the new.”  Replace clothes every time a new style gains popularity.  Replace technology as soon as newer models are released.  Perhaps this is why we are so comfortable with the concept of “disposable” products.  We have developed a frame of mind where the norm is to dispose and replace.  The results of this attitude have huge, negative impacts on the environment, and by extension, human beings.  In his TED talk, “The economic injustice of plastic,” Van Jones sums it up perfectly: “In order to trash the planet, you have to trash people.”

Human Rights

The pollution of the environment is a human rights and public health issue.  In the Universal Declaration of Human Rights, Article 25 states that we have the right to a standard of living that supports our health and well-being.  The United Nations also recognizes many specific environmental rights.  For example, we have the right to “a safe, clean, healthy, and sustainable environment.”  We also have the right to seek information regarding environmental issues and to “participate in public decision-making.” Plastic pollution is an increasing contributor to violations of the human rights of people all over the world; we have the right, as well as the responsibility, to be a part of the solution.

Landfills are a specific example of how plastic harms people.  Many items that end up there contain toxins that often leak in to water and soil and remain for years.  Problems can also be found when organic materials, such as food waste, are in landfills.  When they start to decompose in the middle of an enormous pile, they are deprived of oxygen and produce methane, a serious greenhouse gas that can become dangerously flammable.

Landfills also have a direct impact on the lives of entire communities.  As of 2003, the NAACP Legal Defense Fund co-represents the Ashurst/Bar Smith community (ABSCO) in a Title VI complaint against the Alabama Department of Environmental Management.  ABSCO’s complaint is that the department has discriminated against the community, “by permitting the Stone’s Throw Landfill to open and expand its operations in their predominately (98%) Black community without conducting an assessment of the Landfill’s disparate and discriminatory social, economic, and health impacts on the majority-Black community.”  The landfill had been closed but was reopened in 2002.  Landfills are often placed near low-income, black communities, especially in Alabama.  Many members of the community can trace their family’s ownership of their land back many generations, such as Phyllis Gosa, whose great-grandparents bought the land as former slaves in the 1800s.  As decades have past, such families have been able to see the changes that have occurred since the start of the landfill.

The effects of Stone’s Throw Landfill reported by ABSCO include fear of toxic run-off polluting their water sources, health problems like cancer, respiratory problems, migraines, and dizziness, and gardens no longer producing food.  In the past, this community has been heavily self-reliant, using their own water sources and growing their food on their own land.  Due to the impacts of the landfill, they are now having pay significant costs to replace what their resources can no longer provide.  The EPA closed the complaint in 2017, but the problems continue.

This case is not unique.  Landfills pose daily threats to the health and well-being of people across the country, and yet they continue to grow.

A pile of old, worn down toothbrushes that have been thrown out.
Plastic Toothbrush Debris. Source: NOAA Coral Reef Ecosystem Program, Creative Commons

Legislation

The implementation of some large-scale efforts to decrease the use of plastics and their detriment to societies and the planet have increases as the world realizes the problem that plastic creates. China, who had been the world’s main destination for plastic recyclables until January, banned the import of plastic waste this year.  The European Commission has proposed a ban on nearly all single use plastics.  In 2016, France implemented of a “four-year phase out” of single use plastics such as cutlery and plates.  California banned single use plastic bags and began to require a ten-cent charge on recycled plastic bags in 2014, supporting the use of non-plastic bags for carrying purchases home from the store.  Nearly all of Hawaii’s highly populated cities have banned non-biodegradable plastic bags and paper bags that are made from less than 40% recycled material.

However, the United States as a whole has a lot of catching up to do.  According to the Environmental Protection Agency (EPA), we produced 258 million tons of solid waste, and 136 millions of those tons were sent to landfills.  Multiple states, including Michigan, have gone so far as to ban plastic bag bans.  They have prohibited the creation of legislation that regulates “the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers.”  Supporters of this law often consider themselves to be protecting businesses from having to make changes that disturb regular operations.  The question is whether or not it is worth it.  Is it worth accepting the harm caused by plastic bags in order to prevent businesses from being inconvenienced?

What We Can Do

While the average person cannot do very much about the landfills that already exist, we can help by not adding to them and limiting our waste.  Half of all plastic that is produced is only meant to be used once.  This leads to an enormous amount of plastic destined for landfills, even if we disregard any that could potentially be recycled.  Cling wrap.  Candy bar wrappers.  Ziploc bags.  The list goes on.

A lot of it (if not all of it) is completely unnecessary.  Take it from Lauren Singer.  She has minimized her waste production to the point of being able to fit all the trash she could not compost or recycle from four years of her life into a single mason jar.  She promotes the “zero waste” lifestyle through many different media, such as her blog, Trash Is For Tossers.  According to Singer, being zero waste means to “…not produce any garbage.  No sending anything to the landfill, no throwing anything into a trash can…”

How does she do it?  Through her blog, Singer has offered a lot of information on how to work towards living a zero waste life.  For example, to replace plastic toothbrushes, she recommends opting for a bamboo one, which can be composted when the bristles are removed.  Instead of buying all-purpose household cleaner, she suggests making your own, which is often cheaper and healthier for you to use.  Additionally, single use menstrual hygiene products can be replaced with washable and reusable options, such as menstrual cups and reusable pads.

Many people who are part of the zero waste community abide by the five Rs: refuse, reduce, reuse, rot, and recycle.

The Five Rs

1) Refuse.  Do your best not to accept things that are unnecessary or that will end up being thrown away.  Before accepting that free pen, think twice about how much you actually need another one.

2) Reduce.  Try decreasing the amount of stuff you bring home, especially if you are only going to use it once.  Consider buying products that have multiple uses and/or can be bought in bulk.  This leads to less plastic and is often less expensive.

3) Reuse.  Buy items of higher quality that can be washed and reused repeatedly, such as a stainless-steel water bottle.  Bring your own cutlery instead of using plastic ones.

4) Rot.  Compost anything you can.  Here you can learn about how to start your own compost and about what can be composted.

5) Recycle.  While it is good to recycle anything you can, it is important to note that it is at the end of the list.  Strive to find the need to recycle as little as possible, especially when it comes to plastic.  It still involves buying more disposables that will most likely end up in a dump (or worse).

If you decide to try out being zero waste for yourself, please remember that it is not about being perfect.  It is about doing the most you can to maximize the positive impact you have on the world.