Alabama – UAB Institute for Human Rights Blog

Black Voter Suppression in Alabama: Congressional Redistricting Goes to Supreme Court

People demand their rights in Washington, D.C. Source: Yahoo Images

On Monday, February 7, 2022, the United State Supreme Court blocked the creation of a second majority-Black congressional district in the state of Alabama for the 2022 election. This action further undermines the significance and precedent of the Voting Rights Act of 1965, a monumental piece of legislation that continues to fight for the equality of the voices and votes of people of color.

Context

The issue of the redrawing of the AL congressional map arose earlier this year after a court case was brought forth by the ACLU of Alabama and NAACP Legal Defense and Education Fund, Inc. (LDF). In 2021, the Alabama legislature, which has a GOP majority, was given the responsibility of redrawing the map in accordance with the 2020 census. The legislature drew only one majority Black district, which was not reflective of the census that shows 27% of Alabama’s residents identify as Black. The plaintiffs argued that because of this drawing, “Black voters have less opportunity than other Alabamians to elect candidates of their choice to Congress.” The panel of district court judges included two district judges appointed by President Donald Trump and a court of appeals judge appointed by President Bill Clinton. On January 24, 2022, the district court ordered the state to draw a new map, agreeing with the plaintiff that the initial drawing likely violates Section 2 of the Voting Rights Act, which bans racial discrimination in voting policies. The court gave the state two weeks to draw a new plan that includes two majority-Black districts. Failure to do so within the time period would result in the task being delegated to an expert.

The defense – the state – plead for the order to be put on hold while they appealed. The court turned down the plea, claiming the request was “effectively an unsupported motion for reconsideration” as the case had been characterized as a “straightforward Section Two case, not a legal unicorn.”

Alabama Goes to the Supreme Court

On January 28th, the state turned to the Supreme Court, asking the justices to freeze the district court’s order. The court granted said request and set the dispute for an oral argument in the fall. The decision was a 5-4 decision, with Chief Justice Roberts, Justices Kagan, Breyer, and Sotomayor dissenting. In her dissenting opinion, Justice Kagan emphasized that normally, a litigant asks the Supreme Court to freeze the lower-court order because it believes that the lower court got the law wrong. In this case, however, she argues that the district court made the proper, legal decision. Putting the ruling on hold “forces black Alabamians to suffer what under that law is clear voter dilution.”

Justice Brett Kavanaugh responded to Kagan’s dissent with his concurring opinion which highlighted two points: one, that the Court’s decision is simply putting the district court’s order on hold until the Supreme Court can review it in the fall; and two, that the Purcell principle – the idea that federal courts should not change state election rules shortly before an election – is applicable to the situation. Kagan’s response was that it is not too late to require Alabama to redraw its maps prior to the election, as the district court’s initial two-week deadline did. Alabama’s primary election is not until May 24, 2022, giving the legislation plenty of time to properly allocate congressional districts as per 2020 census.

Implications of SCOTUS’s Decision

Black Alabamians like Evan Milligan, one of the four voters who sued Alabama for its new map, sees the ruling as a significant setback for Black voters like him. This fight is a personal one for him, a lifelong resident of Montgomery, the endpoint of the 1965 march from Selma that prompted Congress to pass the Voting Rights Act. Milligan shared that he lived in a home with four generations where the right to vote was sacred: “It was a house with a lot of conversation about the legacy of voting rights work and just the amount of resiliency and struggle that Black families have encountered, particularly in the Deep South and Alabama.” He is not the only one who is scared of such a legacy being tarred by a Supreme Court decision.

Harvard Law School Professor Nicholas Stephanopoulos, an expert in redistricting, commented on the impact a SCOTUS ruling in favor of Alabama could have: “If the court accepted Alabama’s argument, that would be the end of Section 2 as we know it. It would become harder for plaintiffs to win Section 2 cases, and states could eliminate many existing minority opportunity districts without violating the statute.” The Supreme Court’s opinion in the fall could set a dangerous precedent for congressional district mapmaking nationwide, eroding the legacy and applicability of the Voting Rights Act.

The Republican state legislators, who maintain the Alabama legislation currently, have continuously made the argument that the redrawing of the map makes the congressional district designation a matter of race. They argue the consideration of race in drawing electoral maps must be limited, which is why the legislation “adopted a map that used ‘race-neutral’ criteria.” Even in the district court case, the state argued the creation of a second majority-Black district would divide the suburbs of Mobile. The argument was rejected by the lower court, which noted that the school districts in Mobile were divided in precisely the same way. There would virtually be no difficulty in applying the new map; the only noticeable difference would be the recognition of a second majority-Black congressional district.

A mural at the Birmingham Civil Rights Institute. Source: Blog author.

Next Steps

Despite the disappointing Supreme Court’s decision, Alabama’s black population has always persevered in the fight for civil rights, including the right to vote. It will only continue to do so.

I encourage all of you to follow this issue closely, read about the Voting Rights Act (specifically Section 2), vote in the primaries (May 24), and continue learning about the various policies and legislation that have been made possible by Black social justice and civil rights advocates.

Policing for Profit: An Ongoing Alabama Investigation

Brookside, Alabama – a poor town, 70% white, 21% black with a small but growing Hispanic population and a median income “well below the state average” has made national news because of the Brookside Police Department (BPD). The BPD has managed to double the impoverished town’s total income from 2018 to 2020 as a result of its 640% increase in fines and forfeitures. How can a town with no traffic lights collect $487 in fines and forfeitures in 2020 for every man, woman, and child while the Brookside Police Chief Mike Jones claims, “It’s not about making a dollar”?

Brookside Changed in 2018

From 2011 to 2018, the town of 1,253 people reported a total of 55 serious crimes to the state of Alabama across the span of eight years. In 2018, with the appointment of Mike Jones as Police Chief of the BPD, this changed significantly: police stops soared between 2018 and 2020; fines and forfeitures – including the seizure of cars during traffic stops – doubled from 2018 to 2019; and an eight additional officers were hired.

Nine full-time officers for a town that stretches six miles, has no traffic lights, and has a population of 1,253 people is “far larger than average.” According to the 2018 FBI Uniform Crime Reporting (UCR), the average size of a police force in the southern United States was three officers per 1,000 residents. As of last year, Brookside had one police officer per 144 residents. As of January 2021, the department announced via Facebook that it had hired six more officers, in order to “expand our dedication and commitment to provide superior community service & protection.” The Facebook page is no longer available to the public.

The lack of transparency does not stop there. While Chief Jones and Mayor Mike Bryan claimed that “neither the town nor the police department relies on the revenue” police officers bring in, audits by Philip Morgan & Co. showed that the town was indeed dependent on the ticket money. From 2018 to 2020, spending on police alone increased 560%, from $79,000 to $524,000. The correlation is reason for causation, for total arrests (custodial, misdemeanor, and felony) rose 1,109% from 2018 to 2020. Additionally, the BPD issued more than 3,000 citations in 2020 – a 692% increase from 2018. The revenue that was brought in increased overall town spending 112% from 2018 to 2020.

trucks — Brookside Police Department purchased unmarked cars and a fully loaded truck with taxpayers’ money. Source: Yahoo Images

Where is this money going? Towards purchasing unmarked, tinted vehicles for the BPD to severely patrol the six miles the town covers, in hopes of collecting even more revenue. The Brookside police officers, according to Jones’s testimony, wear gray uniforms with no Brookside insignias. They also do not list their names in tickets.
In one case, a young man, Thomas Hall, was stopped for speeding and was found with a small amount of marijuana. He was charged with a misdemeanor possession and five counts of possession of drug paraphernalia: rolling papers, the bag the held the marijuana, cigar wrappers, a small jar “that once may have held marijuana,” and a small tray that “might have” been used to roll a joint. On the ticket, the arresting officer was listed as “Agent JS” and assisting officer as “Agent AR.” Hall is not the only one with unnecessary charges tacked onto his citation.

February Town Hall

On February 2, 2022, more than 200 people gathered where 31 people spoke of the victimization they had endured from a “rogue police department that bullied, tormented, and in some cases ruined their lives.” Residents of all demographics – black and white, old and young – demanded that tickets given by the Brookside force be voided and their money be returned. Common themes emerged during the emotional conversation, including how the police was targeting residents and drivers in an aggressive manner, adding on as many charges as possible to the citations, and frequently ticketing outside of its jurisdiction.

Brookside PD Leadership Resignations

After CNN and AL.com launched investigations into the recent events and actions of Brookside PD on January 19, 2022, Mike Jones resigned on January 25, 2022. He could not be reached for any comments. Leah Nelson of Alabama Appleseed Center for Law and Justice stated Jones’s departure is good news but that he is “just a symptom of the problem. We need policy reform.” Nelson’s statement is one that is supported on both sides of the aisle; what is happening in Brookside is not a partisan issue, and it is gaining national attention.

Brookside is a Continuation of History

A 2019 Governing Magazine report found that fines and forfeitures account for more than 10% of general fund revenues for nearly 600 jurisdictions across the United States. This trend first was noticed after the death of Michael Brown in Ferguson, Missouri, where the town issued 32,975 arrest warrants in 2013 for nonviolent offenses. It has been happening across the United States – California, Georgia, even Washington, D.C., for years on end, eroding the already-thin layer of trust between the community and law enforcement.

Another force adding to this erosion is the practice of sentencing people to jail when they are unable to pay their debt – an illegal practice as decided by the United States Supreme Court in Bearden v. Georgia (1983) and again in Timbs v Indiana (2019).

In Bearden, the court held that in “revocation proceedings for failure to pay a fine or restitution, a sentencing court must inquire into the reasons for the failure to pay. If the probationer could not pay despite sufficient bona fide [sincere] efforts, the court must consider alternative measures of punishment other than imprisonment.” Imprisoning someone who may not possess $850 to pay within four months deserves the opportunity to defend why s/he/they could not do so, instead of being locked up.

In Timbs, the Eighth Amendment was contested – specifically, the application of “excessive fines imposed” to state and local governments. In an unanimous decision, all of the Supreme Court justices agreed that Mr. Timbs’s vehicle, valued at $42,000, should not have been seized by the state for a ticket that was worth $10,000. When delivering the majority opinion, the late Ruth Bader Ginsberg spoke on behalf of the justices, administering the opinion that cities charging citizens high fines and fees and seizing property worth far more than their debt were “a threat to American freedom.”

propaganda — This cartoon is how the BPD has been depicted. The need for reform is greater than ever. Source: Yahoo Images.

What’s next?

While policy reform is the main goal and various Alabama departments continue their investigations of the BPD, I would advocate for our readers to not forget the issue of police reform. This human rights abuse seriously affects more Americans than you know, and it is harmful to the quality of innocent people’s lives. People that are already struggling to make ends meet are being charged absurd ticket fees, and the taxes they are paying are not even benefitting them.

Reform is mandatory, and if our representatives on both sides of the aisle can come to this common conclusion, we should no longer question it. Rather, we should invest in searching and strongly advocating for alternatives to limit the police’s power. The universally-understood purpose of a police force is to protect a people, but how can said people trust the protectors if they are the ones exploiting them?

As we have seen in Brookside, the police’s abuse of power has resulted in the accumulation of millions of taxpayers’ dollars, which is only being reallocated to fund the police – the abusers of authority. Taxes are meant to assist the welfare of the state, but all the evidence indicates otherwise. Hosting a town hall meeting is simply the first step, and while it provided the residents of Brookside with an outlet to vent their ongoing troubles, the Alabama legislature and local and state governments must collaborate to ensure that Brookside PD’s actions are never repeated.

Visual Representations for Brookside

Brookside Revenue Sources Over Time

Brookside’s 2020 Revenue Streams

Another Battle for Bodily Autonomy in Trans Youth

On February 10, 2021 the Alabama Senate Health Committee voted to criminalize transgender medicaltreatment for minors. With an 11-2 vote, the committee approved Senate Bill 10 (SB-10), a bill that will “outlaw puberty blocking medications and gender-affirming care for minors.” On March 3, the Alabama Senate passed this legislation, and it is currently awaiting Governor Kay Ivey’s approval. SB-10 empowers the legal system to prosecute clinicians and pharmacists with felony charges if they prescribe medication or provide treatment to aid in the transitional processes of minors. Bill sponsor Senator Shay Shellnutt (R-AL) claims that “minors are too young to be making this decision.” The Senator has also admitted that he’s never interacted with a trans teen before submitting the bill. Opponents of the SB-10 refute Shellnutt’s claim by acknowledging this decision is between the medical care provider, the patient, and the patient guardians. As such, SB-10 infringes on the private rights of parents to care for their children with necessary and proper interventions. Shellnut has mentioned that hormonal treatment and other transgender interventions cause long term issues and that a child is not mature enough to be making such a permanent decision. Shellnut’s claims are false; the effects of hormonal drugs that are puberty blockers are reversible. Also, when evaluating long term effects of gender reassignment surgeries, doctors prefer to wait until the patient is at least 18 years old before they perform the surgery.

A person holding a sign with a metaphor describing gender. — Source: www.mindfulword.org

Doctors must take the Hippocratic Oath which defines their ethical conduct and moral reasoning. There are two main tenets of the Oath: “benefitting the ill and protecting patients against personal and social harm and injustice.” Not only does SB-10 force doctors to dishonor the Hippocratic Oath, but it is also medically harmful to the patient pursuing care and prevents them from confiding in their medical care team. Dr. Marsha Raulerson says it will “take away child’s confidence in trusting doctors with their thoughts and to talk candidly.”

Healthcare providers are only one pillar of the support system for patients wishing to transition. So, when healthcare providers are unable to provide care to these young individuals, it can harm their mental and physical wellbeing and contribute to gender dysphoria. Adolescent and young adult years are incredibly formative. It’s in these years that young people thrive and when they are in need of a lot of support and care. When their support systems and adequate healthcare is taken away “adolescents can feel alone, stigmatized, and undervalued”. Rejection, discrimination, and stigma during these formative years can put young adults at a higher risk of mental health disorders such as depression and anxiety. The aforementioned mental health disorders can lead to the usage of addictive substances like drugs and/or alcohol, and suicidal ideation. These factors contribute to significant health disparities within the LBGTQ+ community. It’s vital the care they receive is given without stigma and affirms the patient’s sexuality and gender identity, but this care cannot be given with government intervention that holds traces of transphobia.

Protestors gathering against the transgender military ban legislation. — Source: www.britishherald.com

Gender is a very dynamic concept, and there is no binary. It is up to the individual to choose their identity. Gender reassignment treatments and procedures are one way to reaffirm and respect an individual’s choice. LGBTQ+ youth deserve to know that they are respected and that they deserve quality healthcare and treatment. Healthcare providers should not be prevented from fulfilling their responsibilities. They should be able to provide quality care and treatment for their patients. If they can’t, they should be able to refer the patient to a doctor who can provide adequate healthcare. This is not the first time SB-10 has been passed to the full Alabama Senate. It was passed all the way up to the Governor in 2020 to be signed into action and is only back on the table due to COVID-19 complications. Advocacy is an important aspect of healthcare, and providers should be willing to advocate the most for marginalized communities. It is important to lift barriers to care for these groups, instead of continuing to make healthcare inaccessible.

A separate companion bill (HB-391) is currently in the Alabama House. This bill would restrict transgender students from participating in school athletics with the gender they identify with. Lawmakers that support the bill claim that it protects fairness for female and “keeps them from having to compete against transgender athletes who were born male.” The biggest difference to make right now is to call Alabama Senate representatives and tell them the harms these bills will cause to LGBTQ+ youth and to the healthcare providers that try to help them.

The Gender Pay Gap in Alabama in the Context of COVID-19

by Lauren Lockhart, UAB student

I will never forget the time in my 12^th-grade year that a boy told me the gender wage gap didn’t exist. Even after being presented with evidence and facts, he still swore that there is no pay gap based on gender, and if there were, it was obviously for a reason. Although this wasn’t the first time I had heard a statement like this regarding human rights and equality, I still cannot believe the pay inequality that exists based on gender, and how this gap continues to grow for individuals with compounding intersectional identities.

The Pay Gap During COVID-19

According to the U.S. Census, between 2018 and 2019, no progress has been made on closing the overall gender pay gap, with the average full-time working woman earning only 82 cents for every dollar earned by men. During COVID-19, this pay gap has continued to grow as women face more hardships and barriers as they try to support themselves and their families.

At the beginning of 2020, women’s labor force participation in the U.S. stood at 58%, but by October, it had dropped two percentage points because of COVID. Not only is this due to the fields that have been shut down were majority women, such as restaurants, tourism, and office space maintenance, but women have also had to shoulder the responsibility of childcare. Not only was this already a problem contributing to the pay gap before COVID, but it has since grown into a greater responsibility with the shutdown of daycare centers, schools, and after-school programs. This has led to many mothers having to reduce their hours or leave their jobs entirely to take care of their children. Among parents working at home during the crisis, fathers’ childcare has increased by 4.7 hours per day, while mothers’ hours of childcare has increased by 6.1 hours.

This reduction of hours for childcare has also increased the worry among women in the long-term evaluation for promotions and raises. Not being considered for raises and promotions puts working women during COVID at an even greater disadvantage due to the pay cuts they experienced at the beginning of the pandemic. A recent survey of 984 professionals showed that while men and women have experienced pandemic pay cuts at nearly equal rates, men (52%) were more likely than women (44%) to say their pay has been restored. So, these women are not only facing long-term consequences for their reduction in hours, but they are also facing issues presently with pay cuts and restoration.

Image of protest sign that reads: I'm so sick of running as fast as I can wondering if I'd get there quicker if I was a man. — Sabrina Groschke. Source: Selbstbestimmung, CreativeCommons.

On top of childcare and the fear of demotion, women who contract COVID face even greater obstacles. Experts and health professionals have started to call women that face COVID “long-haulers” because of the continued work and hardships that women face returning to the workforce after having the virus. After getting COVID, many women still wrestle with lingering symptoms, in addition to trying to balance home life and work. This creates numerous barriers for women amidst this strange time we are living in, with no long-term guarantees.

Women’s Well-Being in Alabama

The Women’s Fund of Greater Birmingham recently released its annual report, Status of Women, and although Alabama already treks behind many states in terms of gender equality, conditions for women have worsened amidst COVID-19. One of the key findings included in this report is that the wage gap in Alabama is wider than most other states and the national average, with women earning 73 cents for every dollar a man makes, compared to 82 cents for U.S. women overall. For women in Alabama who have children, the annual cost for an infant (under 12 months old) is nearly 17% of the mother’s median annual earnings, totaling approximately $5,858. However, add in that women have accounted for 57.3% of the total unemployment claims in Alabama since the beginning of COVID, and it seems that all of these factors can make it virtually impossible for women to sufficiently support themselves and their family.

Photo of a protest with woman holding sign that reads "Equal Pay" — Equal Pay. Source: Penner, Yahoo Images.

Universal Fight for Gender Equality

Even though it may not be taking place in Alabama, six mayors around the world have joined forces with the organizers of City Hub and Network for Gender Equity (CHANGE) to fight the increased gender inequality during COVID-19. The network aims to continue to spread these projects among other city mayors in hopes of attracting more attention and progress. Los Angeles mayor, Eric Garcetti is requiring that every city department must have a gender action plan and measure to show progress on tackling gender equality. These measures can range from closing the gender pay gap, appointing women to boards and top positions, and ensuring more girls use public spaces, like sports fields. While these may not be large steps towards gender equality, there is an effort, nonetheless.

Shelby County v. Holder: The Voting Rights Act in Peril

Supreme Court of the United States of America — “Supreme Court” by Mark Fischer. Source: Creative Commons

One of the crowning achievements of the Civil Rights Movement was the passage of the Voting Rights Act. Signed into law by President Lyndon B. Johnson in 1965, the Voting Rights Act deemed state and federal tactics designed to restrict African Americans from exercising their right to vote unconstitutional. This made voter suppression efforts such as poll taxes and literacy tests illegal and required states and jurisdictions with a history of voter suppression and discrimination to obtain pre-clearance from the federal government before implementing any changes to voting laws or election practices. In 2013, citizens of Shelby County, Alabama, sued Attorney General Eric Holder, citing that sections of the 1965 Voting Rights Act were no longer necessary because discrimination in voting was no longer a problem. In a 5-4 decision, the Supreme Court ruled in favor of the plaintiffs. This decision has the power to single-handedly unhinge the electoral process in America.

1965 Voting Rights Act

Prior to the passage of the Voting Rights Act, minority voters were victims of vicious voter suppression tactics, and many lost their lives in the pursuit of an elusive constitutional right. These tactics included unaffordable poll taxes, frivolous literacy tests and harassment. Poll taxes financially penalized non-voters for every year they went unregistered to vote since the 1890s, a time when people of African descent were not legally allowed to vote. Literacy tests were designed to deter minority voters, many of whom were illiterate due to oppression and lack of educational opportunities. Women such as Amelia Boyton Robinson and Annie Lee Cooper attempted to register multiple times in the City of Selma, Alabama. These women and others were met with hostile opposition and fierce resistance from the state. The Voting Rights Act of 1965 enforced the 15^th amendment of the United States Constitution and prohibited discriminatory voting practices such as literacy tests. It also empowered the federal government to take an active role in the oversight of voter registration and electoral processes in states that have a documented history of voter suppression and intimidation. The Voting Rights Act of 1965 explicitly prohibited the states of Alabama, Georgia, Louisiana, Mississippi, South Carolina, and Virginia from making changes to voting procedure without the approval of the federal government. Following the passage of the 1965 Voting Rights Act, voter registration increased drastically amongst minorities throughout the United States, especially in the South.

Shelby County v. Holder

On June 25, 2013, the Supreme Court of the United States of America made a monumental decision that has and will continue to have residual effects on the electoral process moving forward. Shelby County v. Holder, 570 U.S 529 (2013)directly challenged the legality of Section 4 of the 1965 Voting Rights Act. Section 4 implemented a coverage formula that determined which voting districts were required to receive governmental pre-clearance. Pre-clearance is a term used to describe the role of the federal government in the voting process. Jurisdictions that were required by the 1965 Voting Rights Act to receive pre-clearance from the federal government were restricted from making any changes to voting laws without the pre-approval of the federal government. Prior to the pre-clearance clause, states that have long histories of voter suppression were allowed to make legal changes to the voting process with no opposition. The Supreme Court ruled that segments of Section 4 of the Voting Rights Act were unconstitutional and should no longer be implemented. The court ruled the restrictions placed on particular states years prior are no longer relevant and are now in violation of the state’s constitutional right to regulate elections. Chief Justice John Roberts stated in the opinion of the court, “Our country has changed, and while any racial discrimination in voting is too much, Congress must ensure that the legislation it passes to remedy that problem speaks to current conditions.” The court had the opportunity to reinforce The Voting Rights Act and instead decided to relegate the responsibility of protecting voting rights to Congress. This ruling greatly weakened the Voting Rights Act as a whole. Now, states such as Alabama, Mississippi, and Georgia are free to make changes to voting laws that are not explicitly covered under other sections of the 1965 Voting Rights Act.

Shelby County, Alabama successfully argued that states with a blatant history of racism and oppression were no longer in need of governmental oversight because “that was a long time ago” and these discriminatory practices had been discontinued. Following the Shelby County v. Holder decision of 2013, the state of Alabama began regressing advancements made since the passage of the Voting Rights Act. Alabama passed a “voter ID law, closed polling places in predominately Black counties, and purged hundreds of thousands of people from voter rolls.”

The Future of Voting

The true ramifications of Shelby County v. Holder are yet to be seen, but there have been slight and monumental changes to the election process thus far. Alabama now requires a valid photo ID, polling stations are closing for no apparent reason, and voting lines are unusually long. Voting remains elusive for minorities, and the United States still does not have free and fair elections. For example, the most recent gubernatorial election in the state of Georgia displayed instances of blatant voter suppression. Brian Kemp was serving as the Secretary of State for the state of Georgia while he was actively campaigning against Stacey Abrams for Governor. Georgia’s 2018 gubernatorial election was riddled with complaints filed by voters that citied instances of voter suppression at and around the polls. The most prominent complaint was that in 2017 then Secretary of State Brian Kemp’s office removed 560,000 Georgia voters from the state voter registration logs. Many of the voters that were purged from Georgia’s registration logs in 2017 were not made aware of this until they attempted to vote in the 2018 gubernatorial election. Prior to the decision rendered in Shelby County v. Holder, Brian Kemp would have been required by law to obtain pre-clearance from the federal government before purging these voters from Georgia’s voter registration logs. Without the protections of the federal government, state governments are free to alter the voting process with no consciences. The 2017 voter purge in Georgia is one of the more well-known instances of state exploitation of the Shelby County v. Holder decision in the name of voter suppression.

With a Heavy Heart

Justice Ruth Bader Ginsberg fought tirelessly for the protections of civil rights in America. A formidable champion of voting rights, she believed it is Court’s duty above all else to protect the right to vote and to protect the election process.Justice Ginsberg’s most notable dissent was in the Shelby County v. Holder decision. Justice Ginsberg’s stated in her dissent, “Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.” Justice Ginsberg’s dissent in the Shelby County v. Holder decision can and will be citied in future legal documentation that directly challenges the decision rendered in Shelby County v. Holder. Ruth Bader Ginsberg’s dissent is indicative of the life that she lived. Justice Ginsberg was a champion of civil rights and she made a monumental impact.

Call to Action

Voting is a fundamental right that should be guaranteed to all human beings of voting age. It is imperative that we understand the price of not voting and understand the importance of being politically aware and conscience of the decisions being made on our behalf without our knowledge. November 3, 2020 is quickly approaching and the need to vote is as important now as it has always been. The best way to amend the injustices made by the Supreme Court and elected officials is to elect individuals that will fight for justice and make voting easier for all citizens. The goal is to guarantee free and fair elections and to have an electoral system that prioritizes everyone equally and refuses to benefit from the marginalization of valuable perspectives and unique experiences.

House Democrats advocating for the restoration of Section 5 of The Voting Rights Act — “#RestoreTheVote” by House Democrats. Source: Creative Commons

Under Pressure: How Court Debts Inform Racial and Wealth Inequality

On Thursday, November 7^th, the Institute for Human Rights co-sponsored an event alongside Students for Human Rights at UAB to present representatives from Alabama Appleseed Center for Law & Justice. During their lecture and discussion with audience members, they addressed how racial inequality and systemic poverty influence court debts as well as what we can do to change the status quo.

Alabama Appleseed, and its 17 other offices across North America, work at the intersection of the legal system and systemic poverty. Helping to confront a system that harms impoverished and minority communities by placing them in an endless cycle of punishment, Alabama Appleseed employs a research and policy reform approach to highlight such inequalities.

They first addressed this issue by covering the racial wealth gap which can be told through the legacy of slavery, convict labor, redlining, school segregation, and hiring discrimination that has economically disadvantaged many communities of color, namely Black Americans. Thus, in present day, the poorest 20% of Whites have an average $15,000 in wealth, while the poorest 20% of Blacks have a mere average $100 in wealth. As a result, receiving a fine can increase existing household costs, develop exorbitant interest rates, and even land one in jail if unpaid, meaning Black Americans are disproportionately affected by the looming threat of court debts.

In response, Alabama Appleseed sought to give this issue greater context by employing a statewide study, titled Under Pressure, which includes personal experiences with court debts from 980 Alabamians representing 41 counties (56% of respondents were Black). Some of the main findings were:

83% gave up necessities like rent, food, medical bills, car payments, and child support, in order to pay down their court debt
50% had been jailed for failure to pay court debt
44% had used payday loans to cover court debt
80% borrowed money from a friend or family member to cover their court debt
Almost 2/3 received money or food assistance from a faith-based charity or church that they would not have had to request if it were not for their court debt

**Alabama Appleseed presenting Under Pressure. Source: UAB Institute for Human Rights**

They went on to address some anecdotal accounts such as people paying someone else’s court debt even though having their own and missing court dates that were scheduled while incarcerated. These findings suggest that impoverished and minority communities in Alabama must maneuver around isolated court systems that don’t communicate with one another, which further places them into a cycle of poverty and looming punishment. Furthermore, Alabama has the 5^th highest incarceration rate in the world and is currently facing a 33% rate of employment in the prison system. This means that our criminal justice system not only disadvantages poor and Black Alabamians, but they are the ones funding these inequalities through a shadow tax system.

Thus, Alabama Appleseed offered a handful of recommendations for state lawmakers to address this system of injustice:

Eliminate court costs and fees, and scale fines to each person’s ability to pay
Fully fund courts from Alabama’s state budget
Send revenue from all court debt to the state General Fund
Create a mechanism for appeal and ensure folks have access to counsel throughout the process
Prohibit the suspension of drivers’ licenses except in instances of unsafe driving
Eliminate Failure to Appear warrants when the individual is incarcerated
Change the law that currently denies voting rights to people who are too poor to pay their court debt
Reclassify the possession of small amounts of marijuana as a civil infraction with fines connected to the defendant’s ability to pay

As demonstrated, Alabama’s criminal justice system is a harvest ground for racial and wealth inequality. However, addressing such concerns at the community-level is one way that you can participate in real change. You can do so by communicating with your local representative about overturning the “Three Strikes Law”, pressuring Regions Bank to divest from the private prison industry, and joining Alabama Appleseed to be informed about pending legislation.

Facing the threat of missing rent, losing meals, and even being incarcerated is no way to live, particularly for those who already experience a list of other disadvantages. For this reason, it’s about time we put our lawmakers and local businesses under pressure.

The Sex Trafficking Industry Right In Alabama

by Dianna Bai

a picture of hands in chains — Source: Public Domain

You may have heard of the tragic situation straddling the I-20 corridor, the stretch of highway that runs between Birmingham and Atlanta.

Known as the “sex trafficking super highway,” the I-20 corridor is a hotbed for human trafficking.

The intimate settings of this illegal trade? Familiar places in our backyard: the hotels on Oxmoor Road, Woodlawn, Bessemer, and establishments all over the city of Birmingham.

Yet sex trafficking is not just confined to the I-20 corridor, as many media reports would suggest. It’s spread throughout the state of Alabama, in large cities and rural areas alike, appearing in myriad variations. The Global Slavery Index estimates that there are over 6000 victims of human trafficking each day in Alabama, which includes labor and sex trafficking.

As a $32 billion industry, human trafficking is the second-largest criminal industry in the world after the illicit drug trade—and it’s the fastest-growing. It’s the modern-day slave trade flourishing under the radar.

In the idyllic foothills of Alabama, we are touched by dark and complex operations with global reverberations.

Who are the victims of sex trafficking in Alabama?

Sex traffickers prey on the vulnerable, such as people who come from poverty or broken families.

According to The WellHouse, a non-profit organization that shelters young women in Alabama who have been victims of sex trafficking, there is a common “model” of a victim human traffickers prey on.

She is often a 12-14-year-old girl who has already been a victim of sexual abuse by a family member. An emotionally vulnerable young woman, she is lured in by the promises of comfort, love, and acceptance that an older man offers her.

He will later become her captor.

One example provided by Carolyn Potter, the executive director of The WellHouse, offers us a glimpse into the world of the girls who become victims of traffickers:

“There was a victim who had been abused by her stepfather—and her mother blamed her. Her captor started luring her in and buying her Hello Kitty items. She loved this. Nobody who was supposed to protect her protected her.”

Sex traffickers often prey on girls who have been abused by the people who love them. The accumulated trauma and experiences of abuse that these girls have been subjected to in their young lives gives rise to a sense of apathy and hopelessness.

So when their captors, who had been lavishing them with gifts and attention, start asking them to sell their bodies, their reaction is often, “Why not? This has been happening to me all my life.”

To numb the pain of repeated abuse, they may turn to drugs provided by the captors and become addicted. Traffickers then have a way to keep them from leaving.

A few might escape this life by her own efforts, but more often than not they escape through rescue operations carried out by law enforcement. In January of this year, the Well House participated in a sting operation led by the FBI during the Atlanta Super Bowl that rescued 18 girls and led to 169 arrests.

Once rescued, one of the most important steps to helping victims is simply the process of gaining their trust, as most victims who have been trapped in this life suffer from complex trauma. “Their level of PTSD is equal to someone who’s been in war,” Potter said.

What does the sex trafficking industry look like in Alabama?

As a criminal activity, sex trafficking in Alabama can take on many forms.

“Alabama is a microcosm of human trafficking around the world,” said Christian Lim, a professor of social work at the University of Alabama who is heading up a federally funded project on the subject. “There is just about every type of human trafficking in Alabama.”

On one end of the spectrum, there are individual pimps conducting a small-time business. They might even be family members who are pimping out their children for rent or drug money—and these cases often go unreported because of the family connection. On the other end, there are the massage parlors that are the fronts for international criminal networks, laundering money and trafficking women from places as far as China and Korea. These massage parlors routinely bring in $500,000-$800,000 a year, operating late into the night and advertising online at dozens of websites selling sex.

Sex trafficking has also risen in recent years among street gangs in Alabama with ties to Georgia, Florida, and even the West Coast, according to Teresa Collier at the Alabama Law Enforcement Agency. Street gangs such as the Bloods, Simon City Royals, Latin Kings, and Surenos are known to be engaging in sex trafficking to make a profit alongside the illegal drug trade. Recruiting mostly young victims, traffickers use “bottom girls” – prostitutes who are trusted by the pimps – to identify and recruit new girls, as well as a bevy of popular social media sites including Facebook, Twitter, Instagram, Snapchat, KIK, Meet Me, Badoo, and Seeking Arrangement. Gangs like the Surenos, which have a powerful reach back to El Salvador, can even coerce the women by threatening their families back home.

In many cases, other criminal activities such as drug dealing, money laundering, and murder also surround sex trafficking operations.

What’s being done about sex trafficking in Alabama?

One reason Alabama attracts traffickers of all stripes is because it is easier to get away with the crime than other states like Georgia that have a tactical task force dedicated to combating sex trafficking, according to Collier at the Alabama Law Enforcement Agency.

Also playing to the trafficker’s advantage is the fact that Alabama is mostly a rural state with greater distances between police stations and fewer resources for law enforcement, said Lim, the professor of social work at the University of Alabama. He also said there’s needs to be more awareness raised about this issue as many misconceptions exist about sex trafficking due to the popular media’s portrayal of sex trafficking in movies like “Taken.”

The Department of Homeland Security is investigating an array of cases in Alabama and prosecuting cases at both the state and federal level. “We have made human trafficking arrests at every socioeconomic level in Birmingham, from Mountain Brook to $35-a-night hotel rooms,” said Doug Gilmer, the agent in charge of the Department of Homeland Security’s Birmingham office. “Trafficking victims also run the spectrum, with girls ranging from age 12 to the 50s.”

DHS has also provided training to 1500 Alabama law enforcement officers to combat sex trafficking in the state and offers education to any community group that’s interested. These trainings focus on how to how to recognize the signs of sex trafficking, how to respond to a call, and how to support the victims.

Meanwhile, local law enforcement agencies such as the Tuscaloosa Police have jumpstarted special initiatives to combat sex trafficking in Alabama. The Tuscaloosa Police worked with Illinois’ Cooke County police three years ago in a “National Day of Johns” sting, specifically targeting the “demand” side of the industry. Officers placed fictitious ads for sex services on various sites, which led to the arrest of 135 Johns over 16 days.

But it’s a cat-and-mouse game as traffickers find new ways to advertise sex services, moving from online ads to alternatives like secret Facebook groups. Undercover agents are seeking out these secret online groups to find traffickers and victims as traffickers learn from past mistakes and become savvier at using the digital tools at their disposal. A popular website hosted in the United States, backpage.com, was shut down by the FBI several years ago, yet has created new challenges for law enforcement as dozens of newer and smaller sites have now popped up hosted by foreign servers that are outside the jurisdiction of U.S. law enforcement agencies.

Alabama’s state legislature is also moving on this issue. They have recently passed three resolutions that would require training for truckers and healthcare workers to spot the signs of human trafficking and make it easier for the trucker to identify victims. Two other bills moving through the legislature are intended to fine and “shame” johns for soliciting sex services.

“There should be no politics when it comes to protecting our children,” State Representative Merika Coleman told AL.com.

Right in Our Backyard

It is revealing and disheartening to see the extent of the modern-day slave trade right here in our backyard in Alabama. Without the right consciousness, it may be invisible to the average person. You may see a scantily dressed young woman walking through a gas station, a Sonic, or a Walmart. She is always accompanied by someone. She looks depressed or hopeless… You may have just run into a victim of human trafficking.

Vulnerable women (and men) and children are being exploited over and over again for the profit of more powerful and unscrupulous individuals and criminal organizations. The traffickers could be anyone, but what they have in common is a disturbing disregard for human life and human dignity. In Alabama, there are many dedicated agencies fighting for the human rights of these victims, including The WellHouse, Alabama Human Trafficking Task Force, Alabama Fusion Center, and the Department of Homeland Security.

For DHS agent Doug Gilmer, there is a sense of urgency to his mission because it is a crime that’s “unspeakable.”

“When you get into the nitty-gritty of sex trafficking at the street level and you are interacting with the victims, seeing what they go through, seeing what the traffickers do…. It’s horrible,” Gilmer said. “Seeing a 14-year-old girl with eight different STDs and the 35-year-old man who purchases this girl for sex?”

“It shocks the conscience.”

Important Links

The WellHouse – A 24-hour shelter offering immediate assistance to trafficked women who are rescued from anywhere in the United States.

EnditAlabama.org – A project of the Alabama Human Trafficking Task Force, which brings together public and private agencies to address the issue in Alabama.

Alabama Fusion Center – An information-sharing organization within the Alabama Law Enforcement Agency designed to combine or “fuse” information between federal, state and local government, private sector entities, and the intelligence community

Department of Homeland Security “Blue Campaign” – A national public awareness campaign, designed to educate the public, law enforcement and other industry partners to recognize the indicators of human trafficking, and how to appropriately respond to possible cases

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.