Protests This Week Show Dissent on New Orleans Criminal Justice System

Two upcoming protest marches have revealed divisions among New Orleanians in their views of police and the criminal justice system. Organizers of an LGBT March and Rally Against Hate and Violence, scheduled for this Wednesday at 8:00pm, and Slutwalk New Orleans, scheduled for this Saturday at 10:30am, have both advertised and embraced a police presence as part of their events, bringing criticism from other activists.

The facebook description of the LGBT March announces that the New Orleans police "will be there to escort us and protect us." The full description reads:

Please join us for a rally and a march to show the presence of the LGBT community in the French Quarter. As I am sure many of you know, there have been several recent anti-gay hate crimes in New Orleans and especially in the French Quarter and the Marigny. There have been many robberies as well. It is time that we start to show our connection to our community. We need people to see that we are united in our commitment to each other. We need them to know that if someone in our community has been victimized that we are there to support each other, either by getting people to report crimes that have been committed or by helping them to report the crimes if they feel that cannot do it on their own. During this march, the NOPD will be there to escort us and protect us. This is a great opportunity to get to know your local police. I encourage signage and your presence to show that we can be united and that it is the responsibility of us all to overcome these crimes in our neighborhood. So please join us on a walk through the French Quarter starting at the entrance to Armstrong Park at the corner of N. Rampart and St Ann.

In response, activists - including members of New Orleans Black & Pink, Critical Resistance, and other local organizations - have organized a rally with a more critical view of the police. They have released a statement that notes the harm done by law enforcement.

Our home is the incarceration capital of the world. One in 86 adult Louisiana residents is in prison. Approximately 5,000 African-American men from New Orleans are in state prisons, compared to 400 white men. Our city jail, Orleans Parish Prison, is a site of rape and violence that a Human Rights Watch report called "a nightmare" for LGBTQ individuals. Incarceration has not made us safer as a community— and in fact does not deter crime. When our community members are locked away, it tears at the social fabric that holds our community together. Children grow up without parents at home, lovers long for their partners, and groups miss their members.  

These activists have organized an alternate march and rally, called the LGBTQ March and Rally For Safety In Solidarity, aimed at presenting a different path towards community safety.

Supporting each other in the face of violence does not have to take the form of reporting to police. Community safety comes from solidarity and liberation. It comes from ensuring that all people have access to basic necessities such as food, shelter, employment, and education. We hope that through dialogue we can address concerns of all members of our community and arrive at empowering solutions together.

This division in the LGBTQ community is not new. Writing in the book Captive Genders, Morgan Bassichis, Alexander Lee and Dean Spade discussed the participants in the Stonewall Rebellion, who rioted against police:

Could these groundbreaking and often unsung activists have imagined that only forty years later the "official" gay rights agenda would be largely pro-police, pro-prisons, and pro-war - exactly the forces they worked so hard to resist? Just a few decades later, the most visible and well-funded arms of the "LGBT movement" look much more like a corporate strategizing session than a grassroots social justice movement. There are countless examples of this dramatic shift in priorities. What emerged as a fight against racist, anti-poor, and anti-queer police violence now works hand in hand with local and federal law enforcement agencies, district attorneys are asked to speak at trans rallies, cops march in Gay Pride parades. The agendas of prosecutors - those who lock up our family, friends, and lovers - and many queer and trans organizations are becoming increasingly similar, with sentence- and police-enhancing legislation at the top of the priority list. Hate crimes legislation is tacked onto multi-billion dollar "defense" bills to support US military domination in Palestine, Iraq, Afghanistan, and elsewhere. Despite the rhetoric of an"LGBT community," transgender and gender-non-conforming people are repeatedly abandoned and marginalized in the agendas and priorities of our "lead" organizations.

Saturday's "Slutwalk"is part of an international movement against rape culture. The movement began in Toronto, in response to statements from police officers that placed blame on women, and their their outfits or behavior, for being raped. Despite its goals and history, the movement has often been criticized for using language that excludes women of color. Shortly after the movement began, Canadian organizer Harsha Walia wrote this analysis:

Slutwalk runs the risk of facilitating the dominant discourse of ‘liberated’ women as only those women wearing mini-skirts and high heels in/on their way to professional jobs. In reality, capitalism mediates the feminist façade of choice by creating an entire industry that commodifies women’s sexuality and links a woman’s self-esteem and self-worth to fashion and beauty. Slutwalk itself consistently refuses any connection to feminism and fixates solely around liberal questions of individual choice – the palatable “I can wear what I want” feminism that is intentionally devoid of an analysis of power dynamics.

The history of Slutwalk as a mostly white movement that excludes women of color is also highlighted by the timing and location of this year's march and rally. The rally begins at Congo Square at 10:30am. At the same place and time, an annual event called the Celebration of the African American Child is scheduled for the park, while just a few blocks away and a half hour earlier is an immigrants' rights march, sponsored by the New Orleans Congress Of Day Laborers.

On March 27, the organizer of New Orleans Slutwalk announced that law enforcement would be part of the event.

I am so super, special, extra excited to announce that representatives from several departments of the ‪#‎NOPD‬, and quite possibly other law enforcement agencies, will be joining us prior to the walk to discuss crime prevention and victims assistance in New Orleans!!!! For those of you who know the history of the SlutWalk movement...this is HUGE! HUGE!!!!!

While no counter protest has been planned for Slutwalk, this announcement brought responses similar to those expressed by critics of the LGBT march and rally. One commentator wrote, "the presence of the NOPD is offensive, threatening and problematic... Feminist politics without a racial/class analysis is not in fact feminist." The NOPD has been criticized in the past year for statements that blame women for sexual assault, and NOPD officers have frequently been charged with committing sexual assaults.

In response to online criticism, the Slutwalk organizer wrote:

I don't need to be "schooled" on feminism or why some might be offended or disturbed by the presence of law enforcement. I am well aware of the distressing behavior and actions of many within the NOPD and other agencies in this city. What I DO know is that as SlutWalk started because law enforcement failed the community, establishing dialogue with the police in this city is a starting point. Do I expect their presence to magically do away with racism, transphobia, sexism, misogyny, or any other issues we have with law enforcement? No. But I do know that without dialogue, none of those issues will ever be addressed.

Solidifying the links between these marches, today the organizer of the Slutwalk march posted a facebook invitation to the LGBT March and Rally Against Hate and Violence.

The conflicts revealed in these demonstrations are not new, but in the context of gentrification and displacement, a culture of police violence and an out of control city jail, they come at a time in our city when these issues evoke particular pain and passion. Organizers of the LGBTQ March and Rally For Safety In Solidarity do not see themselves as protesting the other march, but rather "calling in," to build a safer community without the devastating effects of the prison industrial complex.

Victory at Last! Louisiana has Removed Hundreds of Individuals Unconstitutionally Placed on Sex Offender Registry

From our friends at Women With A Vision.

Today, all of us at WWAV celebrate a huge victory not only for those who have been criminalized through the Crime Against Nature by Solicitation statute, but for all women and LGBTQ people who have been criminalized across the globe.  The class action lawsuit we filed with the Center for Constitutional Rights (CCR), Andrea J. Ritchie, Esq., and the Loyola University New Orleans College of Law, Law Clinic challenging the CANS statute finally wrapped up.  Over 800 individuals with CANS convictions have officially been removed from the Louisiana sex offender registry.

When WWAV started this fight five years ago, we were told that we couldn’t win – that a small, black-led organization in the South couldn’t win a victory on this scale.  But we pressed on.  We came together, using a grassroots framework to engage community to affect change.

To quote Ms. Michelle, one of our NO Justice clients who has been on the Sex Offender Registry since 1980, ” I can taste my FREEDOM!”  All of us can.

We also know that this is but one step in realizing the healing that our community needs.  The women and LGBTQ people that WWAV supports continue to bear the scars of the war on drugs, mass incarceration, systemic poverty, HIV/AIDS and domestic violence.

So today we celebrate.  And still we rise.

Stereotypes, Myths, & Criminalizing Policies: Regulating the Lives of Poor Women

An important statement from the New Orleans organization the Women's Health and Justice Initiative:
Since the beginning of the year, we have witnessed a surge of legislative attacks targeting poor communities through bills calling for mandatory drug testing as an eligibility requirement to receive federal aid under the Temporary Assistance for Needy Families (TANF) program in over two-dozen states. (TANF is a federally funded, state- administered aid program created when President Bill Clinton signed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996C (PRWORA), which abolished Aid to Families with Dependent Children (AFDC). It is more widely known as the Welfare Reform Act.)

§ On January 25, 2011 U.S. Senator David Vitter, R-Louisiana, introduced The Drug Free Families Act of 2011, (S. 83), which would require all 50 states to drug test all TANF applicants and recipients.

§ On May 10, 2011, Missouri state legislature passed Senate Bill 607, which require welfare applicants and recipients to pass a drug test in order to receive public assistance, if ‘reasonable suspicion’ is raised by a social worker; and on July 12, 2011, Democratic Governor Jay Nixon signed the bill into law.

§ On May 31, 2011, Governor Rick Scott, R- Florida, signed legislation into law requiring adults applying for welfare assistance to undergo drug screenings.

§ And for the fourth consecutive year, Louisiana State Representative John LaBruzzo aggressively tried to get similar legislation passed before House Bill 7 died in the Senate on June 21, 2011 after winning approval in the House.

The targeting of welfare recipients – under the false pretense of “saving tax dollars from supporting someone’ s drug addiction” or by “helping drug addicts become productive citizens” – is nothing more than the continual use of stereotypes and myths to criminalize the lives of poor women and their families through invasive and unconstitutional regulatory policies of economic violence.

The Women’s Health & Justice Initiative (WHJI) condemns these coordinated federal and state assaults on recipients of public cash assistance. The legislative actions of Governor Scott, Senator Vitter, State Representative LaBruzzo, and others criminalize the poverty of welfare recipients, exploit low-income women’s economic vulnerability, and stereotype welfare recipients as illegal drug users by publicly presuming welfare recipients’ socio-economic status as linked to addiction.

Punitive, Criminalizing, & Discriminatory Attacks

Using the ‘Get Tough’ rhetoric of the War on Drugs; reproductive regulation; and neoliberal austerity measures to attack poor and marginalized women (who rely on government subsidies for financial support) irresponsibly exploits their economic vulnerability by falsely implying their assistance is the cause of the country’s financial woes. Although recipients of public assistance are no more likely to use illegal drugs than the general population, they are often disproportionately targeted by elected officials as social burdens in need of governmental regulation.

At both the federal and state levels, Senator Vitter and State Representative LaBruzzo have tried unsuccessfully for years to restrict public assistance eligibility through mandatory drug testing under the disguise of helping recipients with untreated drug addictions. Despite the fact such testing has been ruled unconstitutional by the Sixth Circuit in 2000, Vitter and LaBruzzo continue to promote dangerously punitive policies.

If passed, Senator Vitter’s Drug Free Families Act of 2011 would amend part A of The TANF Program and thereby require all states to drug test all TANF applicants and recipients. The bill will deny assistance to individuals who test positive for illegal drugs and those convicted of drug-related crimes. Not only will this Act further restrict the privacy and agency of women who are daily portrayed as deceitful, deviant, oversexed, and addicts—all because of racialized gender-based misconceptions of what it means to receive public assistance- it will also subject them to various forms of discrimination with regards to housing, employment, education, and their voting rights.

Additionally, Louisiana State Representative LaBruzzo’s House Bill 7 would have required twenty percent of TANF recipients to submit to drug tests as a condition to receive public assistance – a similar measure attempted by former State Representative and Klu Klux Klan member David Duke in 1989.

Under this year’s version of Representative LaBruzzo’s bill, a participant who wouldn’t sign a written form granting ‘consent’ to a drug test would not have been eligible to receive or to continue to receive cash assistance. Consenting to a drug test is an infringement of one’s constitutional right to privacy and equal protection, yet refusal is a denial of public benefits and a presumption of drug addiction. Clearly, this legislation was designed to both publicly demonize and undermine the agency of welfare recipients – because placing women in a position to “choose” between their right to privacy and the care of their family is not an exercise of “consent” but a blatant form of coercion. The use of coercive policies to compel welfare recipients to submit to drug testing ignores the complex structures of poverty and poor women’s daily battles for subsistence, as they often bear the brunt of income and housing related poverty, violence, and discrimination. By placing women in such positions, LaBruzzo and others are able to justify these systemic forms of coercion by dehumanizing the lives of poor women and their families.

Lastly, legislation signed into law by Governor Scott of Florida on May 31,2011 and by Governor Nixon of Missouri on July 12, 2011 both require adults applying for temporary cash assistance to undergo drug screenings. The Florida law took effect July 1st, which requires the Florida Department of Children and Family Services to drug test all adults applying for TANF assistance. Applicants are responsible for the cost of the screening and will be reimbursed by the state only if they pass the drug test. Those who fail can enter a drug rehabilitation program and reapply six months later or designate someone on their behalf to receive their child's benefits. Governor Scott claims, “we don't want to waste tax dollars...and we want to give people an incentive to not use drugs.” His statement equates public assistance with ‘waste’ and exploits the vulnerability of women’s economic status by violating their Fourth Amendment rights under the pretext of deficit reduction.

In Missouri, the recently signed law allows officials with the Department of Social Services to drug test recipients of public assistance if there is ‘reasonable cause’ to suspect illegal drug use. If an applicant tests positive, they must complete a substance abuse program. And if an applicant refuses to take a drug test or attend a substance abuse program, they won’t be eligible for assistance for three years. This law, like the others, stigmatizes welfare recipient’s economic status and equates their subsidy status with addiction.

The Truth Behind the Legislation

Not only is drug testing unconstitutional, it’s ineffective and costly. Drug testing does nothing but further marginalize and stigmatize TANF recipients. It implies that recipients are to blame for the nation’s current economic deficit, as opposed to the wasteful spending of public resources on the corporate welfare giants of Wall Street and the War on Drugs; militarism; and the over production of unnecessary commodities that negatively impact our environment. The aggressive use of punitive neoliberal policies like these rely on fear and racist stereotypes to falsely frame low-income families as economic burdens of the state, while ignoring the disastrous economic burdens of corporate welfare.

Stereotypes and stigmatizing labels associated with welfare are dramatically different in reality than what is often decried by elected officials. The racial and gendered subtext of prevailing welfare stereotypes of ‘laziness,’ ‘uncontrolled sexuality,’ and ‘drug addiction,’ implicitly informs the negative treatment of people on food stamps; landlords refusing to accept subsidized housing vouchers as rent; the general perception that welfare recipients only have children to receive a “welfare check;” the regulation of low-income women of color’s fertility; and the scapegoating of recipients as constantly burdening the government to take care of them. Despite the fact that the current TANF program carries a 5-year term limit, along with a variety of other requirements and restrictions, the false perception of low-income women of color having endless benefits to support drug habits persists.

Nationally, financial assistance to poor families represents approximately 0.7% of the federal budget. Here in Louisiana, the number of people receiving cash assistance through TANF has been declining since President Bill Clinton signed the 1996 welfare reform legislation; and since Hurricane Katrina, the numbers of families receiving assistance has decreased by 74 %.

Despite the claims of lawmakers like Rep. John LaBruzzo, cash assistance payments in Louisiana represents less than 1% of the state budget, with:

§ Less than .3% of the population receiving assistance through the Family Independence Temporary Assistance Program or FITAP (13,237 people out a population of 4.5 million)

§ The average public assistance grant being only $189 a month for a family of three, and

§ 74% of receipts in the state being children (only 3,656 of the 13,237 recipients are adults)

The reality of welfare in Louisiana clearly illustrates drug testing has nothing to do with saving tax payers dollars and balancing state budgets, but much to do with who’s perceived as receiving benefits.

What We Need

These current actions represent yet another attempt by conservative legislators to pass criminalizing policies to restrict and police the sexuality and reproductive autonomy of subsidy-reliant women under the pretext of saving taxpayers’ dollars. The same women whose fertility and motherhood become routine targets of public debates, reproductive legislation, and policy mandates are the same women who are falsely accused of being economic burdens on the state and punished through government funded programs for being poor, thus becoming disproportionately subjected to racialized gender related poverty, violence, discrimination, and displacement.

We need legislators to take real leadership in addressing budget shortfalls not by weakening the capacity of women to care for their families, which will ultimately create more social and economic cost in the future, but by targeting inflated costs of corporations that pose dangerous risks to our communities. The efforts that have been employed to police the lives of poor women could be better used to:

§ Regulate dangerous industries and out-of-control military spending that threaten the social, economic, and environmental health of families and communities;

§ Increase the efficacy and availability of social programs designed to improve the living conditions of poor communities;

§ Support responsible, accessible, and affordable public services and resources that respect the reproductive and economic autonomy of women of color and low-income women;

§ Prioritize poor women’s economic and social needs to take care of their families in safe and healthy environments.

Legislation that is appropriately funded and provide for childcare resources, family treatment programs, mental health services, non-discriminatory employment opportunities, affordable and decent housing, and safe and non-coercive health care services is needed to assist low-income families not punitive, ineffective, and expensive drug testing initiatives that restrict the opportunities and life chances of low-income women and their families.

Formed in 2006 to address the hidden and persistent racialized gender-based forms of violence, neglect, and inequality laid bare and exacerbated by the disasters of 2005, the Women’s Health & Justice Initiative (WHJI) is a feminist of color organization based in New Orleans that engages in public education campaigns, research projects, and grassroots organizing activities to improve the social and economic health of women of color and our communities. WHJI advocates against punitive social policies, practices, and behaviors that restrict, exploit, regulate, and criminalize the bodies and lives of low-income and working class women of color most vulnerable to violence, poverty, and population control policies of blame, displacement, and social neglect. Our organizing challenges the social invisibility of the various forms of social exclusion, violence, marginality, and socio-economic vulnerability women color and poor women experience, contend with, and fight against —by staving off attempts to further undermine our human rights—while forging new opportunities to build the capacity of our communities to address the social justice implications of women’s economic and social needs to live in healthy and safe environments.

Photo Above: Staff of the New Orleans Women's Health Clinic, 2007.

Gendered Disaster

In the aftermath of Katrina, INCITE! Women Of Color Against Violence and other feminist organizations brought attention to the way that disaster in gendered, noting that women were especially victimized by Katrina and it's aftermath.

An organization called the Gender and Disaster Network released six principles for engendered relief and reconstruction, stating, "Gender analysis is not optional or divisive but imperative to direct aid and plan for full and equitable recovery. Nothing in disaster work is 'gender neutral.'"

Now in the aftermath of Haiti's earthquake, New Orleans activists from the Women's Health and Justice Initiative, which was started by members of New Orleans INCITE, have spoken out about these same issues. They have forwarded a list of women-run organizations in Haiti, encouraging activists to support relief that focuses on those hardest hit by this disaster. They ask the question, "How can we intentionally support the long term sustainability and self determination of the Haitian people? When crises of this magnitude occur, we all understandably want to act quickly, but we must also figure out how to act thoughtfully in our efforts to develop a comprehensive, sustainable, and accountable transnational radical feminist response."