Category: Uncategorized

  • Done Deal: No Public Access to Review of Voting Vendors

    By Sonia Santana

    The Texas Senate was presented a trojan horse bill in HB2465 last night, and they accepted it. Section 8 barely concealed in the belly of the bill would kill the open public process for vendor certification at the Sectretary of State.

    The bill passes the Senate last night on a recorded vote of 31-0. HB2465, authored by Elections Committee Chairwoman Mary Denny (R-Flower Mound), had a carefully worded caption promoting public hearings conducted by the SOS, when in fact the bill does exactly the opposite in closing a process that should be open to the public.

    Initially the House bill, was in fact only a requirement for a public hearing, after the examination process, to be conducted by the SOS. Public hearings are great; who would be opposed to a public hearing, right? That was exactly the point of Denny’s strategy. Write a nice little innocuously captioned bill and get all kinds of support for it including the ACLU-TX.

    Why was it important for ACLU-TX to be on board supporting the bill? Well because the ACLU-TX and The Electronic Freedom Frontier Foundation (EFF) had sued the Secretary of State last year to open those secret vendor certification meetings, and they had won a temporary injunction in district court.

    The Secretary of State and the Texas Attorney General contend that this appointed board of examiners is not subject to the Open Meetings Act because they aren’t a governmental body. District Court Judge Stephen Yelenosky reviewed
    the documentation and recorded tapes of those secret meetings and disagreed with the Attorney General. Yelenosky ruled that these meetings were subject to the Texas Open Meetings Act.

    When a substitute HB2465 was voted out of the Elections committee, it contained a poisoned pill in Section 8 that reads “An examination conducted or determination made under Chapter 122, Election Code, before or after the amendments made by this Act, was and continues to be not subject to Chapter 551, Government Code.”

    That single word “not” in that section has now created a very bad law for Texas voters. Texas voters now do not have the right to substantive review and input into the examination process of our voting systems. You just have to trust the Secretary of State to do the right thing, a sort of “faith based” public policy.

    I do encourage Texas voters to come to the next examination hearing. It will be the last time they get to view the examination meeting in an open and transparent process, the way it was supposed to be.

    Texas voters may get an interim study for a verified paper ballot trail. That amendment was successfully added to the Senate version of the bill. Hopefully that will be acceptable to the author Mary Denny. [Stay tuned for the date.]

    As a footnote Representative Eddie Rodriguez (D-Austin), authored House bill HB3383 that specifically wrote into our election code the right of the public to view this examination process. That bill was killed in committee by Representative Mary Denny.

  • Civil Rights Analysis without Civil Rights Numbers

    Change of Data Sources Yields Anomalies

    By Greg Moses

    A Texas agency charged with taking over Civil Rights analysis has decided to stop basing its civilian workforce report on data collected by the federal Equal Employment Opportunity Commission (EEOC).

    Instead of basing its analysis on data collected for civil rights purposes, the Division of Civil Rights at the Texas Workforce Commission in its debut report this year used less precise figures reported by the Bureau of Labor Statistics (BLS).

    In the past, noted the report, the Texas Commission on Human Rights had compiled the civil rights report from data provided by the EEOC. As a result of the switch in data sources, the first table of the Texas Equal Employment Opportunity Report shows some civil rights anomalies.

    For example, Caucasian Americans, African Americans, and Hispanic Americans collectively represented 128 percent of all Texas workers; and all three categories of race-ethnicity cited were under-represented in Administration jobs. While these anomalies are common in reports from the BLS, they make a poor basis for analyzing civil rights.

    Since the civil rights report is supposed to compare state agency employment figures with civilian workforce numbers, the choice of BLS data as a baseline raises further questions about the “comparison charts” presented in the report.

    Chart One for instance (not Table One) presents numbers on the employment of African Americans, Hispanic Americans, and Females in the Statewide Civilian Workforce. Numbers used in the chart for race and ethnicity are taken from the overlapping BLS categories.

    Chart One in turn is compared to employment of protected classes in state agency employment. From attachments, it appears that state agency employment is calculated according to more rigorous EEOC standards, where protected classes do not overlap.

    Throughout the report, numbers are presented in such isolation that it is difficult to scan for internal consistency or disparate impact. Why does no chart present a complete spectrum of protected classes including Asian Americans or Native Americans. Why do colorful graphs of employment rates not also show comparison bars for Anglos or Males? Why are women rarely considered as various races or ethnicities? Why are discussions, analyses, and footnotes so scarce?*

    In the end, the reader wants to know, what purpose is this report intended to serve beyond simply complying with some law that says a report is to be issued? Do the laws themselves not have a civil rights context that can serve as the basis for stating the purposes, findings, and recommendations of this report?

    Perfunctory is the word that would most charitably describe this report. Evasive is the word I would rather use. From start to finish, the reader gets the impression that no one has really set out to present the condition of equal employment opportunity in Texas in a way that the plain language of civil rights demands.

    NOTES:

    The Texas Equal Employment Opportunity Report:
    http://www.tchr.state.tx.us/EEOrptsum205.pdf

    The BLS distribution of employment report 2003:
    http://www.bls.gov/opub/gp/pdf/gp97_complete.pdf

    The EEO-1 Aggregate Report for 2002:
    http://eeoc.gov/stats/jobpat/2002/state/48.html
    [What a Civil Rights report looks like.]

    First posted 3/27. *Paragraph revised 3/29 to include “disparate impact,” Asian Americans, and Native Americans.

  • Racism at Cape Cod

    By Greg Moses

    CounterPunch

    Faithful reader Lynn Chadderdon sends a link to the Sean Gonsalves article posted at “Working for Change” in which the columnist counsels against careless use of the word “racism.” For example, he lives at Cape Cod where there aren’t many black folks, so when local movie theaters fail to schedule black movies, he hears the complaint: “It’s Racism.”

    “Well, yeah, this is America,” answers Gonsalves. “The ripple effects left behind in the wake of white supremacy are still with us, even if not overtly. But locales that are mostly white are not going to ‘get black movies’ at the local theater. And it’s not racism. It’s supply and demand. The almighty dollar, to borrow a phrase from the O’Jays famous song ‘For the Love of Money.’ “

    To comment on this article please visit the comment blog.

    To which we reply one more time: everything follows from where one begins. Gonsalves begins with a concept of racism that can be separated from a concept of supply and demand. That’s how he defines racism in the first place. So, of course. one must choose between racism and economics.

    Yet Gonsalves recognizes that his own conceptual map is more influenced by “white” conceptions of racism than by “black” ones. Or to speak more directly to the concepts involved, Gonsalves recognizes that there is a big difference in defining racism as “intent” (the ‘white’ usage) or as “effect” (the ‘black’ usage).

    When black folks at Cape Cod diagnose their movie choices as effects of “racism”, Gonsalves says that they are unintentionally communicating a concept of “intent” to their predominately white Cape Cod audience. However, it is not “racist intent” that moves movie managers but “intent to make money.”

    But what if black folks at Cape Cod are asking their predominately white audience to “listen up”? That is, what if black folks at Cape Cod in sharing their discontent over racism at the movie theaters are seeking from the community some recognition of the ways that even the so-called “level playing field of supply and demand” is a racist field after all? That there is no way to separate “supply and demand” from racist effects in a racist economy?

    What if black folks at Cape Cod are making use of “black usage” in order to raise issues that run much deeper than “white usage” allows? In that case, we would encourage columnist Gonsalves to not lead the retreat into “white usage.” Rather we would encourage attention to the cover story at Black Commentator this week and, “Reject the Language of White Supremacy.”

    Once upon a time I taught Northern students. And Northern white students have a way of speaking that is just too precious. For example, some will say: “We live in an all white town, so there is no racism where I live.” You gotta admit that’s cute stuff. Neither beautiful nor true, but quite cute indeed.

    On the other hand, I have been driving my spouse to work this week and my favorite morning radio is “Wake Up Call” with Rev. Frank Garrett, Jr. This show reminds me that even if one adopts the “black usage” of racism and does not try to revert to cute white language, there is still a limit to the value of the term.

    In Rev. Garrett’s analysis of the social and political scene in Texas, I hear no retreat from “black usage” of “racism as effect” yet there is a point where in the judgment of the wise reverend one must find some way to move forward “in spite of.” This is what I take to be the deeper meaning of the recent counsels of Bill Cosby. It’s a way of saying, especially to young people, “look you have to make a way here — you cannot carry your analysis of racism around like a crutch, because it will not help you take your next step.”

    In the worlds of “white usage” and “black usage” the Cosby talk is what I call “family talk” — it is a talk that wisdom adopts among families who are undergoing hard times. Yes, says the family, we are living in hard times, but we cannot let that knowledge impair our creative effort. Despite the world, we must proceed to succeed.

    There is a great existential courage in the Cosby talk, especially if it remains logically connected to “black usage” in the wider analysis of racism. There is also a sugar-coated delusion in the Cosby talk if it simultaneously links itself logically to “white usage” where racism has no “effects”.

    But the problem of succumbing to “white usage” is that it demands nothing more from white America than that they merrily pursue their beloved laws of “supply and demand.” And what that comes down to may be best remembered by all Americans as we review what Frederick Douglass said when he was asked to give his thoughts on the Fourth of July.

  • Reader Appreciates Database Reports

    Greg,

    I just wanted to drop you a note to tell you how much I appreciate the work you’re doing to cover the Texas Voter Database Project. This is flying well beneath the radar of our major media and you’re doing a great service to Texans to take a closer look at such an important project. Also, the questions you’re raising as you parse through the material are serious
    ones and I hope they get extracted and debated in a larger forum. Having found you through OffTheKuff, perhaps that will be the Texas blogosphere.

    Thank you! And keep up the good work.

    ———-

    Reply from Editor: You’re welcome. And thank you for taking time to send such a kind note. Indeed, the Texas Civil Rights Review is quite grateful to Kuff and many other Texas bloggers who keep us linked to a critical community of hope and activism.–gm

  • Ramsey's Dream Part Two

    Note: Sunday evening in the second-to-last episode of Pioneer House
    on PBS a tiny colonial enclave was visited by native peoples who
    presented themselves as living witness to history made whole. For the
    second time in the show’s season, modern-day colonists discarded an
    opportunity to radically re-evaluate their re-enactment. The first
    opportunity was the early morning departure of an African American
    freeman who became deeply disturbed at the experience of colonial
    economy. He could feel the natural birth of slavenomics coming, so he
    left. In both cases, neither the departure of an African American nor
    the arrival of Native Americans posed anything more than a brief
    distraction from the main game. Soon enough colonists get back to work
    for the company. Every night the colonists return to their beds. We
    know they sleep, but do they ever dream?—gm

    * * *

    The following letter from Ramsey Muniz was received via email from Irma L. Muniz on May 19.

    Please distribute the enclosed message regarding our ancient past and spirituality.

    "As I embrace our ancient sacred indigenous spirituality, I’m
    transformed by a passion I have only heard in our past; confined in
    these prisons now I feel it in my own Mexika soul. I have been given
    access to a great and universal profound secret. Now I know the
    suffering, sadness, sorrow, and sacrifices of my ancestors, and now it
    has become my own."–Tezcatlipoca (Ramsey Muñiz)

    It gives me great honor and pride to share with nuestra gente the
    second part of what I wrote late into the night, after awakening from
    an ancient Mexika dream. These are the exact words I wrote: "It is
    evident from our ancient Mexika writings, symbols, and manuscripts that
    eventually the primary principle of our cultural realization was the
    power of spirituality of the hearts of the masses of our people –
    spirituality in the sense of its liberation, teachings of justice, and
    the universal philosophy of a free humanity."

    Our most profound and challenging ancient history is like no other
    history on this earth. The vision, the intelligence and cosmic power
    within the creation of our existence, is like no other in the past
    present, and/or future. Even before the invasion of our Mexika Empire,
    our wise council of elders was preparing for this disaster.

    Our ancient history reveals and teaches us our creation, our
    foundation, philosophy of life, cultural structures, constantly
    demonstrating the power of our spirituality. It is this hidden
    spirituality that has provided the power and pride of resistance
    against oppression and atrocities. It doesn’t matter what policies
    and/or criminal penalties America brings upon the lives of our sisters
    and brothers who came to join us here in Aztlan. It is done! We are
    only following the direction and teachings of our ancient Mexika past
    into our present world of today. We are not just anybody. We are a
    universal cosmic people who lay claim to our spiritual culture from our
    past to rehabilitate ourselves, and to begin justifying the
    presentation of our national cultural existence.

    Perhaps we have not sufficiently demonstrated that present American
    colonialism is simply not content to impose its rule upon the present
    and futures of a dominated country. American 21st century colonialism
    is not satisfied merely with holding a people in its grip, and emptying
    the Mexicano/Mexicana brain of all form and content. By a kind of
    perverted logic, it turns to the past of the oppressed people and
    distorts, disfigures, and destroys it. This work of devaluating our
    pre-colonial history takes on a dialectic significance today. When we
    consider the efforts of the colonial epoch to carry out our spiritual
    cultural estrangement, we realize that nothing was left to chance, and
    that the total result looked for by colonial domination was indeed to
    convince Mexicanos that colonialism came to lighten their darkness.

    The effect consciously sought by America was to drive into
    Mexicanos’ minds the idea that if the settlers were to leave, they
    would at once fall back into barbarism, degradation, and bestiality. On
    the unconscious plane, colonialism, therefore, was considered by the
    Mexicanos as a mother who restrained her fundamentally perverse
    offspring from its evil instincts. She protected her child from itself
    – its ego – its physiology – its biology, and its own unhappiness,
    which became its very essence.

    We must teach and share with the youth of today the importance of
    our ancient Mexika history. How sad to be poor, sad to be chained and
    shackled by the injustices of the oppressor. But nothing is sadder than
    to witness the fact that our raza does not even know who we truly are.
    Our history teaches that we would pass through these periods of
    cultural/spiritual uncertainties. It also reveals that certain destined
    Mexicanos/Mexicanas would rise within the era of our Sixth Sun. It is
    written and destined that our raza will return to its creation and
    construct the means of once more becoming a free race, a free land, a
    free nation, a free spiritual/cultural Aztlan of today.

    Our sisters and brothers from Mexico who had the heart and courage
    to cross the borders into the United States will also one day return to
    Mexico and share the truth of the fact that we are one. That the
    Mexicanos living in the United States have the same roots as the Holy
    Land of Mexico. We are finally learning and accepting the truth of our
    ancient spirituality. We must have the courage, pride, and honor to
    free ourselves and provide the assistance to free our people as well.
    We must be a proud and respectful race once again. We must begin in our
    preschools, teaching our history, cultura, and spirituality. We must
    reunite once again! Our children, our youth, and the masses of our
    people must feel proud once again.

    We will soon be the majority of the population throughout the entire
    southwest of the United States. If we have been able to accomplish
    this, then the time has come for us to rise again, to reach out, and
    share with the masses of nuestra raza how we will fulfill the great
    destiny of our race.

    We of our Sixth Sun will continue to strongly advocate the
    implementation and existence of our own political party in Aztlan. It
    will happen! Our Holy Land of Mexico is also experiencing political and
    cultural changes among the masses. The time has come and many of us
    continue to suffer, but destiny will eventually remove the sacrifice,
    suffering, and imprisonment. No one can change what history brings to
    our lives and creation. We are a people who constantly live in the life
    of history.

    "We are Indian, blood and soul; the language and civilization are Spanish."–Jose Vasconcelos

    In exile,
    Tezcatlipoca
    freeramsey.com