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Posts tagged American Civil Liberties Union

Neighborhood Safety Ghettoes in D.C.

So, there’s this poster that’s been circulating around anarchist, civil libertarian, and lefty blogs for a few months now. It’s become popular because it’s funny (in a nerdy way), and also because it makes an important point:

It has a photo of a column of people dressed as Imperial Storm Troopers from Star Wars is marching down a city street. Caption: Fascism: You really think it'll be this obvious?

But, well, the awful truth is that, as with so many other things in American politics, the answer to that rhetorical question can’t really be taken for granted, because it really depends on what kind of neighborhood you live in. The poster makes an important point addressed to, and about the daily lives of, people of a particular socioeconomic class (specifically, the people who most often spend their time reading blogs). For many if not most people in other social classes, the answer really is just, You bet it will. Or, It already is. Has been for decades. Where you been?

For example, consider the cops plans for improving neighborhood safety in the D.C. Ghetto. No, I’m not using that last word as a careless synonym for slum. I am using it in the most literal sense.


D.C. police will seal off entire neighborhoods, set up checkpoints and kick out strangers under a new program that D.C. officials hope will help them rescue the city from its out-of-control violence.

Under an executive order expected to be announced today, police Chief Cathy L. Lanier will have the authority to designate Neighborhood Safety Zones. At least six officers will man cordons around those zones and demand identification from people coming in and out of them. Anyone who doesn't live there, work there or have legitimate reason to be there will be sent away or face arrest, documents obtained by The Examiner show.

— Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough 'hoods in latest effort to stop wave of violence

Guess who decides what counts as a legitimate reason for being in the neighborhood — the people who live and work in that neighborhood, or the government’s goon squad?

Lanier has been struggling to reverse D.C.'s spiraling crime rate but has been forced by public outcry to scale back several initiatives including her All Hands on Deck weekends and plans for warrantless, door-to-door searches for drugs and guns.

Under today's proposal, the no-go zones will last up to 10 days, according to internal police documents. Front-line officers are already being signed up for training on running the blue curtains.

Peter Nickles, the city's interim attorney general, said the quarantine would have a narrow focus.

This is a very targeted program that has been used in other cities, Nickles told The Examiner. I'm not worried about the constitutionality of it.

— Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough 'hoods in latest effort to stop wave of violence

Just so we’re clear, neither am I. I couldn’t possibly care less whether surrounding poor neighborhoods with cops, giving everyone the Ihre Papiere, bitte treatment, and chopping a community up into police-occupied strategic hamlets for the purpose of a government quarantine without any probable cause whatsoever for believing that any of the individual people you will be surrounding, stopping, hassling, and threatening with jail have ever committed any crime against any identifiable victim, is or is not countenanced by the United States Constitution. Who cares? The basic problem with terrorizing and brutalizing entire neighborhoods is that it is evil and incredibly dangerous, whether or not the Constitution allows for it.

Others are. Kristopher Baumann, chairman of the D.C. police union and a former lawyer, called the checkpoint proposal breathtaking.

Shelley Broderick, president of the D.C.-area American Civil Liberties Union and the dean of the University of the District of Columbia's law school, said the plan was cockamamie.

I think they tried this in Russia and it failed, she said. It's just our experience in this city that we always end up targeting poor people and people of color, and we treat the kids coming home from choir practice the same as we treat those kids who are selling drugs.

The proposal has the provisional support of D.C. Councilman Harry Tommy Thomas, D-Ward 5, whose ward has become a war zone.

They're really going to crack down on what we believe to be a systemic problem with open-air drug markets, Thomas told The Examiner.

Thomas said, though, that he worried about D.C. moving towards a police state.

— Michael Neibauer and Bill Myers, The Examiner (2008-06-04): Lanier plans to seal off rough 'hoods in latest effort to stop wave of violence

But what the hell did D.C. Councilman Harry Tommy Thomas expect, anyway? You can’t go around pushing your paramilitary crack downs with rhetoric about war zones and then act all surprised when you get a police state. If you plan for an occupation, you can expect that you are going to get lock-downs and de facto martial law.

Radley Balko writes:

Last week, I received the following email:

I live in Eckington, a transitional neighborhood in northeast DC. I got a knock on the door this morning from a guy with ACORN (looks like a lefty community group that I'd never heard of) saying that DC police would be coming around shortly asking to search homes in the neighborhood for guns, and explaining we had the constitutional right to refuse, etc. He added that anything the police find they can use against you because you never know what a friend of a friend might have left in your house Not sure if he told me this because I had just gotten out of bed and had answered the door in my bathrobe looking disoriented, but I digress. He was handing out a packet of info from the ACLU including a nifty doorhanger you can put out that says NO CONSENT TO SEARCH OUR HOME. One of my neighbors told me the guy told them they were only doing this in poor black neighborhoods, and this notice from the ACLU that I found online seems to bear this out.

I know it's not exactly a wrong-door no-knock raid, but I am concerned because while I certainly don't want the police (or any other strangers) rummaging through my junk, I'm kind of afraid of what would happen if I refuse the search. I already live on one of those streets with the surveillance cams installed. Does my address get marked for being uncooperative or suspicious? I should mention of course that I don't own any guns and have never touched anything more powerful than a bb gun.

You are free to refuse the searches. But if a regular reader of this site feels uncomfortable asserting that right, you can imagine how other people subject to these searches might feel.

— Radley Balko, The Agitator (2008-06-04): Police State D.C.

Please also keep in mind that this is the same metro police force which will toting around AR-15 assault rifles as they surround and cordon off and do door-to-door searches and raids in these inner-city neighborhoods.

Do you feel safer now?

See also:

Bow down before the one you serve

(Via Lew Rockwell 2008-05-09: Young Heretics vs. the Flag Religion.)

I spent my first few years of school in a Montessori co-op school with a large contingent of aging New Leftists and burned-out hippie types among the parents. But after that it was all government schools, and, as far as I can remember, every government school I ever attended started business each day with the Pledge of Allegiance. I started having problems with the Pledge around the time I got to junior high school; I didn’t like being expected to chant out one nation, under God, and I figured it violated my religious liberty, so I stopped saying that. In high school I refused to say the Pledge of Allegiance at all, and I usually wouldn’t stand up, either, unless I felt like someone in the room was eyeing me. It’s not that I was trying to make some kind of anarchist protest; I was a fairly boring sort of Democratic Party-identified state Leftist for most of the time I was in high school, and didn’t become an anarchist until after I spent a couple years kicking around more radical forms of Leftism in college. But even then I considered the whole ritual Strength-Through-Unity exercise stifling and creepy, and I didn’t want to participate. So I feel a lot of personal, not just political, solidarity for these three teenagers in western Minnesota:

Three small-town eighth-graders were suspended for not standing at the start of the school day Thursday for the Pledge of Allegiance.

My son wasn’t being defiant against America, said Kim Dahl, mother of one of the students, Brandt, who attends Dilworth-Glyndon-Felton Junior High School in western Minnesota. She said her son offered no reason for sitting.

Brandt told the Fargo Forum that Thursday’s one-day in-school suspension, was kind of dumb because I didn’t do anything wrong. It should be the people’s choice.

Kim Dahl said the punishment didn’t fit the crime. If they wanted to know why he didn’t stand, they should’ve made him write a paper.

— Paul Walsh, Minneapolis-St. Paul Star Tribue (2008-05-09): Principal who punished 3 who sat pledge foresees policy rewording

I understand the desire to try to protect your son from abuse in a case that’s sure to draw the howling attention of the Patriotic Correctness bellowing blowhard bully brigade. But, in all honesty, what would it matter if he were being defiant against America? Everyone’s got the right their convictions and nobody should be forced to participate in theo-nationalist rituals that violate their conscience. I also understand the desire to try to get a lighter punishment for your kid when the school is so clearly throwing its weight around in an attempt to bully and intimidate through a heavy punishment. But, in all honesty, what possible justification could there be for forcing this kid to take on extra academic work or to explain himself any further than he cares to do so freely?

She said that Brandt has not been standing all year, and all of a sudden it became an in-school suspension.

The district today is defending the punishments. The school’s handbook says all students are required to stand but are not obligated to recite the pledge. The same is true for all four schools in the district, a school official said.

These three [students] didn’t, and they got caught, said Mel Olson, the district’s community education director. He said he backs the punishment, being a veteran and a United States of America citizen, absolutely. Olson served in the Marines in Japan during the Vietnam War.

— Paul Walsh, Minneapolis-St. Paul Star Tribue (2008-05-09): Principal who punished 3 who sat pledge foresees policy rewording

Another thin-skinned Veteran Against Individual Freedom, I guess, who has nothing better to do with his time than rant and cry about how nobody gives the military and its obsessive flag protocol the respect they allegedly deserve.

One of the things that makes me happy to see is that there is vigorous debate in the comments section on this story, with many posts from people who condemn the school’s actions (and the very idea of forcing children to recite a pledge of loyalty to the federal government on a daily basis), with reasonable argument and also, at times, with the ridicule and withering sarcasm that this asinine school administration deserves. The only thing there that’s irritating is the number of people who feel compelled to say things like, Oh, I think that everybody ought to jump up and shout Sir, yes Sir! when it comes time to say the Pledge, but I’m not sure that it’s really right to force people…. Whatever your personal views about flag protocol may be, this is an argument that can and should be made without doffing your hat to Patriotic Correctness.

As for the commenters who have posted in defense of the school’s actions, they’ve offered three different sorts of arguments, each one of which is beneath contempt. In order of increasing outrageousness, here are some examples of each.

First, there’s the standard Patriotic Correctness argument, along with several direct invocations of love it or leave it, some bizarre non sequiturs about caring about the Constitution (which is nowhere mentioned in the Pledge of Allegiance, has nothing to say about the Pledge or about flag protocol, and seems to mean absolutely nothing in the mouths of the people citing it except as a synecdoche for the authority of the United States federal government), and the usual long litany of demands for unearned respect in return for unasked-for services. The idea here is that the kids ought to be punished for daring to hold, or at least to express, anything other than glassy-eyed unquestioning loyalty to the federal government of the United States of America:

Out of respect for our country..

Its really not that hard to stand up and show some respect- not merely for the flag, but for the values that the flag represents: liberty, justice, and truth. Yes, this is a free country, but that also means that these families are free to leave if they cannot respect our nation.

olin157 @ 9 May 2008, 10:07 AM

And:

Snot Nosed Brats

These snot nosed brats should not only stand but they should gladly participate in the pledge. At a minimum they should obey the rules of the school which means get off you rear and stand. You don’t have to harm your little sensibilities by actually pledging allegiance to the only country you have, just stand up for goodness sake. The school was right, ACLU and these punks are legally wrong.

seanintucson @ 9 May 2008, 12:21 PM

Not to mention:

Idol Worship?

Are you people serious? It has nothing to do with the sort. You are not idolizing anything by standing up during the pledge. Hey, you don’t have to say it, the all powerful Supreme Court has brought that commandment down, if you will. Have we forgotten so soon what the Standard represents? Have you Baby-Boomers forgotten your parents who fought to raise that same flag during WWII? How about the current generation, your grandparents fought for it in WWII or Korea, parents in Vietnam and your friends now in Iraq and Afghanistan. I AM a current soldier, not retired, and HAVE served two tours in Baghdad. I truly believe you have the right to free speech, which is why you can go ahead and not say the pledge, but for the sake of my brethren who have fallen and those in the past who have died, show THEM the respect they deserve. Parents, you need to be teaching that this country isn’t about the government, but the people, and the people who formed it. This country’s freedom has, and is, constantly being paid for with the lives of its fighting men and women. While you may have the luxury of sitting back and saying its a free speech thing, just remember who gave you that same free speech.

SGT_M on May. 9, 08 at 12:26 PM

I should pause to note that my father was indeed in the Army in Vietnam, and my father’s father was in the Army in Korea. The claim that either my father, or my father’s father, fought for free speech, or this country’s freedom, is absurd. Neither the North Korean government nor the North Vietnamese government, let alone the occupied countries of South Korea and South Vietnam, ever posed any threat to free speech or freedom in the United States of America. They did nothing in the Army to give me free speech because freedom of speech in the U.S. was not at risk in the first place.

The claim that either my father or my grandfather fought to raise a damned flag on the other side of the world is also absurd. The reason that my father and his father were in the Army is because the federal government sent each of them a letter announcing that if he did not join the Army, he would be arrested and thrown in prison. I’ll be damned if I sit around and listen to some sanctimonious volunteer soldier talk about how the United States Army, which conscripted both my father and my grandfather against their will, deserves my respect and gratitude for guarding individual freedom during the wars on Korea and Vietnam

As for the statement Parents, you need to be teaching that this country isn’t about the government, but the people, and the people who formed it, I’m inclined to agree, but I think the upshot is not quite what SGT_M takes the upshot to be. And I certainly don’t know what any of it has to do with standing during the Pledge of Allegiance. The Pledge of Allegiance is not about the country, much less about the people; it’s about loyalty to *the government*, and it says so right at the beginning:

I pledge allegiance to the flag of the United States of America.

And to the republic, for which it stands.

Anyway.

For the second argument, there’s the These snot-nosed punks got no respect line. This is, honestly, even worse than the belligerent appeals to American theo-nationalism, because, as disgusting as the latter is, the former involves singling out harmless kids for sneering speculation on their motivations and character. And also because they are is no longer attacking a difference of view and an exercise of liberty because they think something more important (love of the government and its symbols, or whatever) overrides it, but rather attacking difference and liberty just as such, because these teenagers are acting like free human beings instead of doing as they’re told by the wise and powerful authorities. Thus:

Respect!

Even if you do not like the Pledge of Allegiance for what ever reason. You should respect others who care and stand! The lack of respect is the main part of our trouble in this rough times.

hussman02 @ 9 May 2008 10:05AM

And:

If it’s a school rule and he doesn’t have an answer as to why he didn’t stand – then he clearly is just being obstinate. I can’t believe a parent would support their kid in this situation!!!

Cartert1 @ 9 May 2008, 9:55 AM

And:

$10 says these are pain-in-the-rear kids with pain-in-the-rear parents that hover around their kids and never make any acknowledgment that their kids could ever do anything wrong. If these kids were formally and legitimately protesting the United States they should not have been punished, but the tenor of the article suggests they are just smart asses and that they did not have any political/personal convictions when they sat out the pledge.

pipress1487 @ 9 May 2008, 10:23 AM

I don’t think that Brandt Dahl’s statement that I didn’t do anything wrong. It should be the people’s choice. suggests they are just smart asses without any political/personal convictions. But suppose this were true. Then so what? Freedom of speech and expression don’t depend on you having something to say that fits some highly stylized model of formal and legitimate protest. The chief value of freedom of association just is being able to be a lazy smart-ass and live your ordinary life as you see fit, rather than spending your time protesting and fighting an overbearing, invasive government. While the right to speak out against injustices is vitally important, what’s even more important, and in fact what makes the right to speak out against injustices as vitally important as it is, is the right to just be left the hell alone and not be subjected to the officious demands of busybodies and blowhards on your time and energy.

If these kids are just trying to be pains in the ass over a ritual that they find stupid and tiresome, I support them and salute them. I can think of no better reason to refuse to participate.

The third, and worst, of the arguments seems (surprisingly, for me, anyway) to be the most common: the idea that even if the school policy is unjustified, and even if schools oughtn’t force students to stand, and even if the kids have got a legitimate beef with the school board, it does not matter, because they broke The Rules, and you got to punish anybody who steps out of line, even if they had a perfectly good reason to object. Now it’s no longer a matter of attacking them for having the wrong beliefs about public political devotion, and no longer a matter of attacking them for being thoughtless or not following orders that the authorities had good reason to hand down. It’s a matter of attacking them for not subordinating their own considered judgment and obeying orders which are admittedly arbitrary and perhaps even wrong in themselves. (If you have some free time and a high tolerance for pain, feel free to count the number of times that people repeat, verbatim, the phrase rules are rules.)

Thus:

he wasn’t protesting.

he didn’t have a reason why he didn’t stand, he just didn’t want to! what happens when mom and dad have house rules that he doesn’t want to follow? should they force him to follow their rules? life is full of rules that different people think are pointless, it just depends on whose ox is being gored. so now he’s learning that he doesn’t really need reasons for his actions, just whether he wants to do it or not. and we wonder why our youth have become so complacent today!

K_Zemlicka @ 9 May 2008, 10:37 AM

And (all-caps is from the original):

RULES ARE MEANT TO BE FOLLOWED!

RULES ARE RULES, FOLLOWED THEM OR YOU’LL DEAL WITH CONSEQUENCES. BOTTOM LINE ! THAT CHILD DESERVED IT, I BETCHA HE’LL STAND NEXT TIME.

securpo on 9 May 2008, 10:43 AM

Of course, there are two kinds of consequences in this world. There are the natural consequences of an action, and then there are the artificial consequences that people attach to an action by their chosen responses. In this case the only natural consequence of not standing for the Pledge is getting to spend a minute longer sitting rather than standing. The consequences that these three teenagers are being forced to deal with are better described as the choice of school administrators to flip out and try to make teenagers suffer in the name of Old Glory. In any case, statist logic aside, the fact that school administrators flip out when you don’t obey this stupid policy can hardly be used as a justification for their flipping out, without making your argument do doughnuts around the parking lot.

And then there’s this:

I find it interesting that the school has a policy that students must stand during the Pledge. But, policy is policy and rules are rules, so I agree that the students should be punished. I do think it’s an anti-patriotic policy though and standing for the Pledge would be made more meaningful if kids are allowed to do it through free will.

ttepley @ 9 May 2008, 10:28 AM

In other words, God forbid that anyone should sit down when there are rules to be followed. Students should be punished for refusing to co-operate with a policy which you yourself believe to be foolish and wrong, because rules and authority need no rational justification, and indeed can defy any rational justification, and they ought to be obeyed nevertheless.

And then there’s this:

My son wasn’t being defiant against America

My son wasn’t being defiant against America, said Kim Dahl, mother of one of the students, Brandt, who attends Dilworth-Glyndon-Felton Junior High School in western Minnesota. Yet The school’s handbook says all students are required to stand but are not obligated to recite the pledge. So her son wasn’t being defiant against America, but defiant to the school policy itself. Ignorance is not a justifiable defense.

pizann0 9 May 2008, 12:12 PM

I can’t stand flag creeps. I think that kind of belligerent theo-nationalism is absurd, contemptible, and dangerous. But what’s even worse than those who believe that every individual conscience should be turned towards a servile worship of the State, are those who believe that whatever your individual conscience is turned towards, you damn well ought to ignore it and follow the rules, because being defiant to authority is itself a mortal sin, whatever that authority may be and however pointless or wrong may be the rules that they are trying to impose. Where the complaint is not that they ought to be worshipping the one true God, but rather that they had damn well better bow down, no matter what may be before them at the altar.

Incidentally, the state ACLU says that punishing these students is against the rules, as set out in the U.S. Constitution and in rulings by the Supreme Court. I don’t care, and neither should anybody else.

See also:

Death by Homeland Security (#2)

(Via La Chola 2008-03-17.)

Francisco Castaneda, a refugee from the civil war in El Salvador, died on February 16, 2008, from metastatic penile cancer.

He died because he went without getting a biopsy or receiving any medical treatment for about a year after obvious and excruciatingly painful symptoms began to show up. He went without the biopsy and the treatment because the United States government’s immigration Securitate had him locked in a cage at the time, and they repeatedly refused to let him get any treatment.

I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape from the civil war. my family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away.

But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Aparrently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw an oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE. The urologist said I needed a circumcision to remove the lesion and sop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was elective surgery.

My pain was getting worse by the day. When you are in detention, you can't help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn't do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility–when I was deported.

In late November 2006, I was transferred from San Diego to San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. after a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn't even look at it–one of them said I couldn't be helped because I needed elective surgery. They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

In the beginning of January, one of the guards told me I was going to Harbor-UCLA Medical Center. They put me in handcuffs and leg shackles and drove me in a van to the emergency room. When I got there the officer walked all around trying to find someone to see me, but he was told I would have to wait in line like everyone else. After about an hour of following him all chained up, he took me back to San Pedro and I didn't get to see anyone.

Back when I was in San Diego, another detainee gave me the phone number for the ACLU and said they might be able to help me. I called them, and spoke with Mr. Tom Jawetz, here, and told him my story about how much pain I was in. When I got to San Pedro he sent letters and called the people at the facility to try to help me get medical care. Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-UCLA–the same place they had left me in the waiting room in shackles–and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I ahd cancer and would have to have surgery right away to remove my penis. He said if I didn't have the surgery I would be dead within one year. On February 14–Valentine's Day–nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast–it had already spread to my lymph nodes and maybe my stomach.

I’m sure you can at least image some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me–and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain–and mine–could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn't get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care.

In many ways, it's too late for me. Short of a miracle, the most I can hope for are some good days with Vanessa and justice. My doctors are working on the good days and, thankfully, my attorneys at Public Justice here in Washington, Mr. Conal Doyle in California, and the ACLU are working on the justice–not just for me, but for the many others who are suffering and will never get help unless ICE is forced to make major changes in the medical care provided to immigrant detainees.

I am here to ask each of you, members of Congress, to bring an end to the unnecessary suffering that I, and too many others, have been forced to endure in ICE detention.

— Francisco Castaneda (2007-10-04), testifying before the House Immigration Subcommittee Hearing on Detention and Removal: Immigration Detainee Medical Care

This man’s life could have been saved. He wanted to get medical treatment in March 2006. His doctor recommended a biopsy. If he were a free man, he could have gotten this treatment, but as a prisoner of the U.S. government’s Homeland Securitate, he was forced to stay where they wanted him to stay, go where they wanted him to go, and get what they wanted him to get. So he lived with excruciating pain for two years while the cancer grew, spread, and ate him away from the inside. It didn’t matter when he developed a painful lesion; it didn’t matter when he bled everywhere for months; it didn’t even matter when he developed a tumor the size of his fist. What matters to the ICE bordercrats, and their hired thugs, is that this man once possessed a stimulant that the U.S. government didn’t approve of him having, and, to their minds, that’s a good enough reason to grab him at gunpoint, lock him in a cage for months on end, and then exile him from the home he has lived in since he was 10 years old. Or, in this case, to just lock him in the cage and deliberately deny him medical treatment until the imprisonment turns into a slow-motion death sentence for a nonviolent petty drug charge. What, after all, is the life of Francisco Castaneda — who is, after all, only a man, a son, the father of a teenaged girl — compared with the duty to zealously protect the prohibitionist domestic policies of the U.S. federal government, the awful importance of rigorously preserving the sanctity of imaginary lines in the southwestern desert, and the honor of the politico-cultural system of international apartheid, which those lines are drawn to implement?

Federal judge Dean Pregerson just issued a ruling in which he denounced ICE’s actions, or inaction, as conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker cruel is inadequate. The primary practical effect of this ruling is that Francisco Casteneda’s family will be able to sue ICE in federal court for his death. They certainly deserve whatever compensation they can get for this horrible crime. But even if they succeed, it must be remembered that the sanctimonious, unaccountable thugs who effectively tortured a peaceful man to death — the immigration cops, the prison guards, and the comfortable bureaucrats, government lawyers, and politicians who direct them in their actions — will never pay a damned cent for what they did. What they will do, if a judgment is entered against them, is to help themselves to tax money in order to make the pay-out, sticking the rest of us–who never had anything to do with their asinine border laws, immigration prisons, or callous indifference to human life–with the bill. Then they will go on doing exactly the same vicious and inhuman things to peaceful people who never did anything to deserve such appalling treatment. And why wouldn’t they? As far as they can see, they have every reason to believe that none of them will ever be held personally accountable for their choices.

Further reading:

Old Time Religion

The latest news from the Traditional Values front comes to us from Roseville, Michigan, where we find that the defenders of public decency are marshalling their forces to preserve our precious culture and heritage–by launching a legal assault against a local artist for his reproduction of part of Michelangelo Buonarroti’s ceiling for the Sistine Chapel:

In Ed (Gonzo) Stross’ eyes, his variation on Michelangelo’s Creation of Man mural is art.

In 39A District Judge Marco Santia’s eyes, it’s a crime.

Santia ordered jail time, a fine and probation — a sentence that sounds a little harsh to a state senator, the American Civil Liberties Union of Michigan and fellow artists.

Santia ordered Stross, 43, to serve 30 days in jail, do two years’ probation and pay a $500 fine for violating a city sign ordinance. Roseville officials said letters were prohibited on the mural and Eve’s exposed chest is indecent.

Besides jail time and the fee, Stross is to tastefully cover Eve’s breasts before reporting to the Macomb County Jail on Monday morning, and to paint over love by May 1.

— Detroit Free Press 2005-02-18: Muralist’s vision has jail staring him in face

(Link thanks to Copyfight 2005-02-23 and No Treason 2005-02-22.)

Of course, a bare-breasted Eve wasn’t too much for Pope Julius II; he not only approved of its public display, but was glad to have it on the ceiling of the most important church in all of Western Christendom. You might have thought that some of our traditional values include glorifying God and Creation through beautiful art, or at least respect for the achievements of our forebearers. But when it comes to the community standards of our day–which are, after all, mostly set by reference to the sensitivities of the most obnoxiously vocal and litigious segments of the Religious Right–it appears that all of these pale in comparison to the importance of ensuring that no child see boobies, ever. Anyway, since when have traditional values had anything to do with history?

This, it seems, is the modern Religious Right: a horde of know-nothing busybodies, apparently hell-bent on making Mencken’s definition of puritanism look plausible, and going to the mat to enforce the values of a past that–fortunately for the achievements of Western civilization–never existed.

Further reading

How Bob Barr Became the Tinhorn Dictator of DC

Bob Barr holds his hands out, as if to say...

Whoa there, democracy!

(The Hon. Rep. Bob Barr)

District of Columbia citizens have long had to face the frustrations of being deprived of home rule and micromanaged by the federal Congress, which maintains ultimate control over the government of D.C., while having no members at all who are elected by D.C. residents. In 1998, the antidemocratic nature of D.C. government was made clear to the point of ridiculousness, as Congressman Bob Barr (R-GA) banned D.C. elections officials from releasing the results of a referendum on allowing the use of medical marijuana, fearing that the majority of D.C. voters would approve. Barr thus managed to effectively mimic Third World tinhorn dictators such as Nigeria’s Sani Abacha, who seized ballot boxes and refused to announce results of elections he feared he had lost.

Since the Barr amendment banned the counting of the results of a referendum solely on the basis of the content of the referendum (that it was to legalize a certain use of marijuana), the ACLU filed and won a First Amendment challenge to the Barr amendment, thus allowing the votes to be counted. As expected, the initiative to legalize medical marijuana in D.C. passed by an overwhelming margin of 69%-31%. However, Rep. Barr quickly went back to work in suppressing the will of the D.C. voters, eventually managing to push through a bill overriding the initiative and banning D.C. from enacting or carrying out the bill that they had overwhelmingly voted to pass.

When the Founders created the District of Columbia as a special area set aside from all the several states, the idea was to create a space for the federal capital which would not be beholden to the sectional interests of any of the several states. However, since the 18th century, D.C. has exploded far beyond merely being a city for the top branches of federal government. Within the borders of D.C. lies one of the largest metropolitan areas in the nation. It is long past time that the federal area of D.C. be reduced into a much smaller area for the federal office buildings, monuments, and possibly residential space for federal office holders; the rest of D.C. should be granted the full rights and responsibilities of statehood under the U.S. Constitution, thus restoring democratic rights to home rule and representation in Congress to the hundreds of thousands of people within its borders.

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