New Orleans Police Department Blames Victims

The New Orleans Police Department recently released a statement on "women and safety," that has outrage across the city and furthered the perception that this police department does not get it. They are more interested in blaming the victim than preventing assault. With absurd advice like "don't get into an elevator with a stranger," or "dress comfortably so you can move quickly if you have to," the statement is pure victim-blaming. We have pasted the entire release below.

FOR IMMEDIATE RELEASE March 23, 2013 New Orleans Police Department Crime Prevention Unit Women and Safety  Violent crime can happen to any woman, anywhere, in any situation. Victims and attackers come from all economic classes and cultural backgrounds. Often, victims know their attackers. Violent crimes can happen any time of the day.  You can help protect yourself by understanding the risk and learning how to reduce them.  Stay out of isolated areas: Avoid little-used stairwells, parking lots and roads. Don’t get into an empty elevator with a stranger. Trust your instincts. If you sense trouble, get away as soon as possible. Show confidence. Walk at a steady pace. Keep your head up. Avoid carry lots of packages. It can make you look defenseless. Practice street smarts. Plan the safest route before you leave. Dress comfortably, so you can move quickly if you have to. Don’t wear headphones. It’s important to stay alert. Vary your biking and jogging route, and bring a friend. If someone follows you, change course and head toward other people. Stand back from the car when giving motorist directions. Take self defense classes. When using public transportation: Wait at busy, well-lit stops. Sit close to the driver. Speak loudly or yell if you feel threatened. Use caution on dates and in relationships. Beware of alcohol and other drugs. They affect judgment. Watch how much your date uses them, too. Don’t leave your drink alone. And don’t drink anything you didn’t get, open or pour yourself. “Date rape drugs” mixed in drinks can leave you at risk. Make your sexual limits firm and clear. Be independent. Don’t let your date make all the decisions. Provide your own transportation. Avoid secluded places.   Know the warning signs of abuse. Watch for behavior and attitudes in your date, partner or friend that signals trouble. For example, he or she may: Show a lack of respect for your feelings or ideas. Want to make all of the decisions. Frequently display anger, mistrust or jealously. Misuse alcohol or use of other drugs. Responding to an attack Only you can decide how to respond, and no one strategy will work every time. But in   general:  Size up the situation. You have several options. Many women will: Scream for help or yell “Fire!” Run away Fight back If you think resisting would put you in more danger, cooperate. Remember that your survival is most important. Do whatever you think is best. If you have been attacked or sexual assaulted: Act quickly. Get to a safe place. Get in contact with a friend, relative or rape crisis center. Go to the hospital. Don’t shower, brush your teeth, douche, comb or clean any part of your body, or change your clothes. This might destroy medical evidence. Tell the police. Remember, an attack is never your fault. Don’t blame yourself. Sergeant L. J. Smith New Orleans Police Department Commander, Crime Prevention Unit 715 S. Broad Avenue, Office # A- 412 New Orleans, LA 70119 (504) 658-5590 – Office Phone Sylbrown@nola.gov - Email

Coalition of Black and Latina Women, Women from Arizona, Demand Sheriff Stop Submitting to Immigration Hold Requests

From our friends at the Congress of Day Laborers:

A delegation of undocumented women from Arizona will join local immigrants and civil rights leaders from Women United for Justice, in demanding that Sheriff Gusman stop holding undocumented immigrants for Immigration and Customs Enforcement (ICE). The visit will happen Thursday, August 9, at 1:30pm at the office of Sheriff Marlin Gusman, 819 South Broad Street.

The delegation is part of Women United for Justice, a group of New Orlean women of all races and backgrounds organizing against over-incarceration and deportation of communities, families, and children. They will join an Arizona delegation, part of the ‘No Papers No Fear Ride for Justice,’ a group of undocumented immigrants traveling across the south working for immigrant rights. They will bring the example of Sheriff Joe Arpaio’s notorious treatment of undocumented immigrants, and ask Sheriff Marlin Gusman to stand on the right side of history.

The delegation includes undocumented women from Arizona, part of the ‘No Papers No Fear’ Ride for Justice, a journey that began in Phoenix, Arizona on July 29th; Deliny Palencia, member of the Congress of Day Laborers and local leader who was unconstitutionally held by the Sheriff’s department; Latoya Lewis, organizer with Stand with Dignity, New Orleans.

The Sheriff’s submission to immigration hold requests has led to numerous, grave, constitutional violations and a deterioration of trust between the immigrant community and local authorities. The Sheriff could follow in the footsteps of Cook County, Washington D.C. and the state of Connecticut, and no longer use city resources to divide families and deteriorate civil rights. This is an opportunity for the Sheriff to hear how people in Arizona have been affected by implementation of similar policies, and to chose to be on the right side of history.

Actions by undocumented students, such as coming out of the shadows events and civil disobedience actions, have demonstrated the power and results of communities acting and speaking for themselves. The riders are undocumented people  from all over the country and their allies, including mothers, fathers, day laborers, people in deportation proceedings, students, and many others who continue to face threats of deportation, harassment, and death while simply looking for a better life in the only nation many of them know and call home.

More information on the No Papers No Fear Ride for Justice is at www.nopapersnofear.org.

New Policy at Charter School in Delhi Louisiana Forces Out Students Suspected of Pregnancy

NOTE: See below for update.

From our friends at the ACLU of Louisiana:

The ACLU issued a letter today to the administration at Delhi Charter School in Delhi, Louisiana in response to its Student Pregnancy Policy. The policy requires female students even suspected of being pregnant to submit to a pregnancy exam – and if they are pregnant or refuse to take the test, it forces them out of school.

The pregnancy policy it states that if a teacher or administrator suspects a female student of being pregnant (whether she is pregnant or not) the school can require her to have a pregnancy test and even select the physician. If the student is pregnant, according to the plan, “the student will not be permitted to attend classes on the campus of Delhi Charter School…and will be required to pursue a course of home study.” It goes on to state further, “Any student who is suspected of being pregnant and who refuses to submit to a pregnancy test shall be treated as a pregnant student and will be offered home study opportunities. If home study opportunities are not acceptable, the student will be counseled to seek other educational opportunities.”

“The pregnancy policy violates the rights of every girl at Delhi Charter School, ” said Marjorie R. Esman, Executive Director of the ACLU.  “Every girl is at risk of being subject to intrusive medical testing, and possibly forced out of school, for reasons that have nothing to do with her education.”

Delhi’s policy stands in violation of, among other things:

·         Title IX of the Education Amendments of 1972 and its implementing regulations because it excludes students from educational programs and activities on the basis of sex.

·         The Equal Protection Clause of the U.S. Constitution, because it treats female students differently than male students and because it relies on impermissible sex stereotypes

·         The right to procreate, and to decide whether to continue or terminate a pregnancy

·         The Due Process Clause of the Constitution by imposing the presumption that pregnant students are unable to continue to attend classes.

Esman says the policy is just a pretext for sex discrimination. “It is based on the archaic and pernicious stereotype that a girl’s pregnancy sets a ‘bad example’ for her peers.” The law is clear that no one can be excluded from participation in, be denied the benefits of, or be subjected to discrimination in education on the basis of sex,’” Esman said. She says the policy subjects all and, of course, only female students to the possibility of mandatory pregnancy testing, based on a subjective ‘suspicion’ that they might be pregnant. “Male students who might also have engaged in sexual activity or be expecting children are not subjected to similar action or risk,” says Esman.

“The right to attend school and to participate fully in activities cannot be denied a student simply because she is, or may be, pregnant,” said Galen Sherwin of the ACLU’s Women’s Rights Project.  “Pregnancy is not a disease, and schools may not treat it that way.  To force a student to home study simply because she is pregnant is to deny her the equal right to a full education.  The administrators of Delhi Charter School should be ashamed that they seek to deprive students of the benefits of going to school every day.”

In addition to its discrimination against girls, the policy is unlawfully vague and subjective by stating that “all students will learn and exhibit acceptable character traits that govern language, gestures, physical actions, and written words.”  “This provision, which clearly trenches on protected speech and expression, fails to define ‘acceptable character traits,’ leaving students of common intelligence [to] necessarily guess at its meaning. It fails to regulate First Amendment freedoms ‘with narrow specificity,’ rendering it impermissibly vague and in violation of the First Amendment.”

The ACLU of Louisiana issued the letter to the Delhi Charter School in hopes they revise the policy so that it complies with the U.S. Constitution and Federal law.  The letter asks the school to suspend the policy until it is revised and to notify parents and students of the policy change. Esman says if Delhi refuses to incorporate the changes the ACLU of Louisiana will consider taking further legal action, including filing a lawsuit or a complaint with the appropriate state or federal enforcement agencies.

UPDATE:  On Thursday, August 9, Delhi Charter School announced that it will eliminate the policy that required female students even suspected of being pregnant to submit to a pregnancy exam and forced them out of school if they refused or tested positive. Delhi Charter School President Albert Christman claimed that the policy was intended to protect students from ridicule and harassment. The school rescinded the policy after receiving a letter from the American Civil Liberties Union and the ACLU of Louisiana.

We Belong Together: Women's Delegation to Georgia, by Williana Washington-Tadlock

My name is Williana Washington Tadlock and I am a member of STAND. I became a member by getting involved in the BW Cooper campaign to fight for the rights for jobs in rebuilding our community. I am happy to say that we won that fight! With that, I became intrigued and wanted to do more. I began to attend meetings, protests, speak for my rights and help out in the office when I can. My involvement with STAND brought my community into direct fights with politicians, developers, community board members, and others to make sure that our voices are heard.

I had never been out of Louisiana before Katrina, which forced by relocation to Texas. Through my involvement with STAND I began attending Women's group meetings as a STAND representative. I was asked to go with our Women's Group to Atlanta for the We Belong Together Women's Delegation for immigrant women's rights - the second time I have left Louisiana in my life. There were women from all over the world; and the women of STAND With Dignity, and the Congress of Day Laborers represented New Orleans. The We Belong Together Delegation was designed to understand the stories of women who are living in Georgia after the passage of HB87 - a law which is intended to discriminate against immigrants, and which to me is a throwback to slavery.

The first day of the convention all the women met at a hotel suite to introduce each other, where we were from, and the organization we represent. After the introduction, we met the Georgia women's delegation. They are Latina women who want to fight for their human rights, especially after seeing the effects of HB87 on their families. For me, this experience was amazing. The women told the story of their lives - about the discrimination they go through not only in the US but in the countries they are from. There was Claudia, who is from Honduras: her husband was abusing her and threatened her by saying that her immigration status would be used against her if she told anyone. She never called police for help because she was afraid of the police. When she went with her husband to get documentation for her son she was caught by authorities and immediately deported, but he was not - her worst fears came to pass. She found her young son left in the hands of her abusive husband.

Alicia was a victim of racial profiling. She feel threatened when she takes her daughter to school or the hospital, because of police checkpoints set up since the passage of HB87. Her daughter suffers from a serious medical condition where she has convulsions in her sleep. Two years ago, she was stopped at a police checkpoint on her way to a pediatric hospital with her daughter, who had a high fever and pneumonia. She tried to reason with the officer but he made her wait 30 minutes with her sick daughter, then she was told she would be arrested for driving without a drivers license.

There were two Latinas who were traveling with us as delegates from the Congress of Day Laborers. One told the story of how she was arrested in New Orleans. She is here undocumented but her six-month-old son was born here and is a US citizen. Because of a domestic dispute, she faces deportation and the loss of her son.

I sat together with another lady on the trip to and from Atlanta, and asked her about her life. She informed me that she left six children in her country in order to come to the US to make enough money to send her kids to college. That did not make sense to me so I asked why she could not just work in her own country. She said in her own country, there is no health insurance and a job pays $50-$80 per week if you are lucky.

I wanted to understand how she came to the United States. She is from Guatemala and had to cross the Mexican border as well as the US border, where she walked across the desert all night and was picked up by a van. I asked why she did not just pay money and get a visa to come to the US. She explained that to do so requires that you own your own home, have a good job, a family, and other things that will ensure your return to your home country. Essentially, the US immigration system only allows rich people to come to the United States. Me being African American, I saw that this is just another form of slavery.

Since I have been home, I have been searching for more information about the plight of the strong women that I was honored to spend time with in Georgia. I realize that this is the fight that African Americans have struggled to overcome here for over 400 hundred years; we must come together to make sure that we are all treated equally. After all, we are all human beings, and no human being is illegal. I am Williana and I STAND with Dignity.

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.