Rad Geek People's Daily

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Posts tagged Arizona

The Border Wall

I don’t feel particularly bad about the fact that Ephraim Cruz lost his job with the Border Patrol. The Border Patrol should not exist at all, and the men and women who decide to join it are, whether they realize it or not, violently inflicting injustices on innocent people every day, as an essential part of their job duties. Cruz seems to me like a basically decent man with an acute conscience, and it will be better for him now that he has to find an honest line of work.

But Jenn’s interview with Cruz at reappropriate is still powerful, and important to read, because of what it tells us about the institutional culture of policing in general, and border policing in particular. It should be no surprise that the Blue Wall stays in place when the uniforms change from blue to green; if anything, it is worse, because abusive border cops can rely on getting away with even more than abusive ordinary cops can. Their usual victims have no formal standing as citizens, often cannot speak English well, have few advocates with high profiles in the media or the legal system, and are about to be forced out of the country, far away from anyone who might do anything about their mistreatment.

Ephraim Cruz, a former patrol agent with the U.S. Border Patrol, tried to do something about Border Patrol agents who abused captured and imprisoned immigrants. Here are some of the things that he saw while he was stationed in Arizona:

Ephraim was also amazed to find cells were frequently filled to two or three times their posted capacity, while neighbouring cells were not being utilized at all. Not only was this a clear violation of fire codes, but Ephraim feared this practice could pose a serious health risk for detainees.

But, most heart-wrenching for Ephraim was the observation that detainees were frequently going twenty to thirty hours at a time without food. In his March 21, 2004 memo, Ephraim recounts how he watched a young ten-year-old boy — whom his mother described as in good health — break out into red bumps after going more than twenty hours without a meal. Later that same day, Ephraim remembers how a young girl went more than thirty hours without food, and complained of feeling faint. These were hardly isolated incidents: Ephraim remembers countless children and pregnant women who went without food for two or three shifts at a time.

According to Border Patrol spokesperson Andy Adame (quoted in archived Tucson Citizen article Border Agent Claims Detainees Mistreated in Douglas, written by Luke Turf, published May 22, 2004), Border Patrol policies state that all detainees should be fed at 6am, noon and 6pm and ... crackers and juice are always available for immigrants. However, Ephraim writes in an August 5, 2004 memo (Memo from E. Cruz to R. Bonner, SUBJECT: Ongoing Mistreatment of Illegal Aliens and Processing Issues):

The integrity of those meal times are habitually violated, and crackers and juice are not always available. Furthermore, when crackers and juice are indeed available, it is not readily provided to the detainees... It is station policy that we feed all illegal aliens held beyond six to eight hours. Many illegal aliens easily go two to three times beyond that time frame without one meal.

In that same memo, Ephraim recounts how on July 31, 2004, he approached the control room that 220 meals would be needed that day, only to be told that 70 meals would be ordered. Most likely, Ephraim opined, two-thirds of detainees at the facility went hungry that day. According to Ephraim, the Douglas station also went weeks at a time without replenishing their supply of juice and crackers, and even when such items were in stock, they were not always made available to detainees. In one incident, Ephraim left some juice and crackers near the door of a holding cell only to have a fellow Agent remove the food moments later, muttering to Ephraim that by leaving it within reach of detainees, they might assume the food was for them.

Ephraim further notes that there was a distinct lack of concern for detainees amongst Agents; an almost dehumanization of the UDAs [Undocumented Aliens –R.G.] that helped perpetuate the mistreatment. Ironically, the Agents — who were predominantly Mexican American — looked down on UDAs as if to say that they, as legal Mexican Americans, were better than the Mexican detainees. Many seemed to feel that detainees deserved their mistreatment; Ephraim recalls how in one instance, while denying food to a detainee, one agent remarked that [the illegal aliens] knew they were coming, they should have brought food with them.

The dehumanization extended in one case to abuse reminiscent of the Abu Ghraib scandal (which ironically occurred only a few months after Ephraim began writing his memos). On March 1, 2005, Ephraim wrote a memo that included a recount of an incident he observed(Memo from E. Cruz to M. Nicely, Chief Patrol Agent, Tucson Sector) :

[I] informed FOS Jeffrey Richards and FOS Ignacio Luevano, in the presence of SBPA Robert Marrufo that SBPFA Marrufo directed BPA Jon Gleber to put an undocumented alien in our custody in a stress position. The incident took place about two weeks ago on the north side of the processing floor and to the knowledge of other agents. The stress position consisted of the alien performing the chair which entails leaning against the wall with both legs at a 90 degree angle and both hands straight out. They had the alien remain in that position until he buckled and cried.

Marrufo then suggested that the alien be placed in the forward leaning rest position, a push-up position, to give him some exercise, however I don't know if Agent Gelber followed through with the suggestion.

— Jenn @ reappropriate (2007-11-05): The Price of Conscience: An Interview with U.S. Border Patrol Agent Ephraim Cruz

In 2004, Cruz, believing that a man's conscience is God's voice, began to write memos and letters to try to make his supervisors, politicians, and the media aware of violations of policies, training, state laws, fire and health codes, and illegal aliens' civil and human rights within [the Douglas, Arizona] processing facility. Here is what happened:

Ephraim writes in his March 21, 2004 memo (Memo from E. Cruz to supervisors, 2004):

This culture... reflects a disturbing level of complacency and lack of accountability and is coupled with responses... that this is the way things are done.

Ephraim describes this culture of complacency as fostering the sentiment that, management condoned [the mistreatment] and Agents knew that management knew and [were] not correcting it. Therefore, Ephraim says, Agents asked themselves why should I rock the boat?

… Despite his 117 letters, Ephraim received little support from the Senators and Congressmen he contacted. Andy Adame, Border Patrol spokesperson, told the media that the Office of the Inspector General (OIG) would conduct a generic investigation of Ephraim's accusations, but a recent article by the Tucson Weekly reports that this investigation — though supposedly having found Ephraim's claims to be unsubstantiated — may never have actually taken place.

— Jenn @ reappropriate (2007-11-05): The Price of Conscience: An Interview with U.S. Border Patrol Agent Ephraim Cruz

After he began speaking out, Cruz found that his employee review scores suddenly plummeted. One supervisor encouraged his co-workers to take care of him for the accusations. Then, in 2005, he was brought up on federal charges for transporting an illegal alien across the border. He and some friends had gone across the border into Agua Prieta after work, and on his way back he gave Maria Terrazas — a waitress who lived in Douglas and who was dating one of his colleagues at the Border Patrol — a ride back across the border to her home in Douglas. Later, in an unrelated criminal investigation against her boyfriend, it turned up that she didn’t have her papers. Cruz, who had no way of knowing this at the time, was brought up on federal charges. Nobody else involved in giving Terrazas the ride was charged. If he had been convicted, Cruz could have been sentenced to up to 20 years in a federal prison for this non-crime. As it turns out, the jury found the prosecution baseless and acquitted him on all charges. But that didn’t stop the retaliation. Last month, he received a letter from the U.S. Border Patrol stating that he would be fired on administrative charges — the same charges that a federal jury had already acquitted him of. He has been forced to resign so that he could avoid having this baseless smear go on his record; he could not afford a lawyer to fight the dismissal in court.

When it comes to cases of corruption or abuse, it’s often said that cops will protect their own. That’s close to the truth, but it misses the mark in one important respect. Cops — and this manifestly includes border cops, too — will try as hard as they can to intimidate, harass, defame, abandon, hurt, fire, imprison, or even kill any of their own who speak out against their colleagues’ crimes.

That isn’t cops protecting their own. It’s cops protecting their power. And they’ll do just about anything to absolutely anybody who endangers it. Ephraim Cruz is the latest of many victims to get the long knife treatment.

Public schooling

One of the worst things about so-called public education, i.e. government-controlled schooling, is that students are forced into an institution that they consistently find unpleasant and boring, whether or not the individual student thinks that it’s worth the trouble. That fact, combined with the fact that the victims are all young and many of them are poor or black or otherwise marked as at-risk youth in need of special surveillance and control, naturally and systematically corrupts the way that the school relates to its students. It leads administrators and political decision-makers to focus on restraining the unruly behavior of the coerced students, by making authority, control, security, and discipline top priorities. In practice this means monitoring, intimidation, and coercion. These facts in turn result in attitudes and institutional practices throughout State schools that are often hard to distinguish from those prevailing in a prison camp.

Here are three stories that have come out, just over the course of the past week, about the practices of administrators and uniformed thugs in American public schools. In particular, they are about three separate cases in which one or the other set out to maintain control over their school by physically brutalizing or sexually humiliating young women.

The first case, from Arizona, happened four years ago. It’s in the news today because the famously liberal Ninth U.S. Circuit Court of appeals recently ruled that Safford Middle School officials were within the bounds of their legitimate authority when they forced a strip-search on a 13 year old girl — because a couple of student snitches claimed that she had some unauthorized ibuprofen on her, and the Authorities had to know for sure:

Safford Middle School officials did not violate the civil rights of a 13-year-old Safford girl when they forced her to disrobe and expose her breasts and pubic area four years ago while looking for a drug, according to the Ninth U.S. Circuit Court of Appeals ruling.

The justices voted 2-1 in favor of the Safford School District on Sept. 21. The decision upheld a federal district court’s summary judgement that Safford Middle School Vice Principal Kerry Wilson, school nurse Peggy Schwallier and administrative assistant Helen Romero did not violate the girl’s Fourth Amendment rights on Oct. 8, 2003, when they subjected her to a strip search in an effort to find Ibuprofen, an anti-inflammatory drug sold over the counter and in prescription strengths.

The girl’s mother filed a federal law suit against the district and Middle School officials because they forced her daughter to strip down to her underwear then move her bra and panties in such a way that her breasts and pubic area were exposed. The mother also asserts that she was not notified of the impending search.

In the opinion written by Judge Richard Clifton, Based on the information available to them, defendants (Safford School District, Wilson, Schwallier and Romero) had reasonable grounds for suspecting that the search of (the girl’s) person would turn up evidence that (the girl) had violated or was violating either the law or the rules of the school.

Clifton wrote that Wilson and the others had reasonable grounds for believing the girl had Ibuprofen based on conversations with two other students.

The other students said the girl possessed Ibuprofen and had distributed the drug to others, according to the court report.

— Diane Saunders, Eastern Arizona Courier (2007-09-26): Court rules school officials acted properly in strip search

The second case is from New York, where — in order to enforce a blanket no-bags policy putatively adopted for the students own health and safety — a member of the school goon squad decided that it was O.K. for him, an adult male ex-cop, to pull 14 year old girls carrying purses out of class and interrogate them about their menstrual cycles:

Grahamsville — Several television news crews from New York City are camped outside the Tri-Valley Central School following the story in today’s Times Herald-Record about what question a school security guard asked a 14-year-old female student.

The girl was called out of class by a security guard during a school sweep last week to make sure no kids had backpacks or other banned bags.

Samantha Martin had a small purse with her that day.

That’s why the security guard, ex-Monticello cop Mike Bunce, asked her The Question.

She says he told her she couldn’t have a purse unless she had her period. Then he asked, Do you have your period?

Samantha was mortified.

She says she thought, Oh, my God. Get away from me. But instead of answering, she just walked back into class.

At home, she cried, and told her mother what happened.

It appears that at least a few other girls were also asked the same question.

On Sept. 21, Martin and other girls were called to the office of Principal Robert Worden. Lisa Raymond, the assistant superintendent for business, was also there, Martin said.

They just asked me what he (Bunce) said. I told them, and they said thanks for coming, she said.

The small Sullivan County school has been in an uproar for the last week. Girls have worn tampons on their clothes in protest, and purses made out of tampon boxes. Some boys wore maxi-pads stuck to their shirts in support.

After hearing that someone might have been suspended for the protest, freshman Hannah Lindquist, 14, went to talk to Worden. She wore her protest necklace, an OB tampon box on a piece of yarn. She said Worden confiscated it, talked to her about the code of conduct and the backpack rule — and told her she was now part of the problem.

Tri-Valley Superintendent Nancy George, who has refused to meet with any reporters today, yestedar said that when Worden, Bunce and another staffer did the bag check, they were telling students to put the bags in their lockers. The administration is investigating whether they said anything more to some girls.

I have had some parents talk to me personally, and they gave me the names of some students who were asked, she said. We’re certainly not going to make light of this. It’s a very sensitive issue, but it needs to be handled. Parents with more information should call her directly, she added.

Raymond and Worden failed to return calls yesterday for comment. Bunce was not working yesterday, and his home phone number is unlisted.

Bunce was forced to retire from the Monticello Police Department in 2002 after he and the former chief were caught running their process-serving business on village time.

School board President Lori Mickelson declined comment.

The school banned backpacks in the halls this year for two reasons, George said: Student health, because heavy bags could hurt the kids’ backs or people could trip on them; and for security concerns, felt nationwide, about concealed weapons.

— Heather Yakin, Times Herald-Record (2007-09-28): The Question’ causes furor at local high school

Clearly the Authorities concerns about small purses and their contribution teenagers’ back problems outweigh minor considerations like the dignity and sexual privacy of 14 year old girls.

The third case comes from Palmdale, California, near Los Angeles, where a member of the school goon squad slammed Pleajhai Mervin, a young black woman at Knight High School, down on a table, twisted her arm behind her back, and broke her wrist — after she refused to follow his bellowed orders to make a fourth try at cleaning up the last bits of a slice of cake that she had accidentally spilled on the lunchroom floor. According to Mervin, the uniformed thug yelled hold still nappy head at her during the course of the attack. The fifteen-year-old young woman was then ticketed for littering, expelled from school, and arrested for battery against the beefy uniformed security thug who was breaking her wrist while other security goons hovered around. Two other black students — a 14 year old boy and his 16 year old sister — were tackled, held down, shoved around, handcuffed, and arrested for daring to film what was going on using their cell phone cameras.

School security guards in Palmdale, CA have been caught on camera assaulting a 16-year-old girl and breaking her arm after she spilled some cake during lunch and left some crumbs on the floor after cleaning it up.

… The girl, Pleajhai Mervin, told Fox News LA that she was bumped while queuing for lunch and dropped the cake. After being ordered to clean it up and then re-clean the spot three times, she attempted to leave the area out of embarrassment but was jumped on by security who forced her onto a table, breaking her wrist in the process.

Steve Watson, InfoWars (2007-09-28): School Guards Break Child’s Arm And Arrest Her For Dropping Cake

Mervin says a security guard slammed her against a table at a lunchroom at the high school and twisted her arms behind her back so violently, he broke her wrist. Her wrist is in a cast.

He put my arm behind my back and he started raising it until it hurt, so I told him, Stop, it hurts. He had slammed me on the table and told me to hold still. He called me a nappy-head, and that’s when I just started crying, said Mervin.

Mervin claims she was roughed up simply because she failed to pick up every crumb of a birthday cake she accidentally dropped on the floor of the lunchroom during a lunch-hour birthday celebration for a friend. She says she thought she cleaned up the mess, but the security guard thought otherwise.

He said, You have to come pick the rest of this cake up. So I said, I picked it up. He gets on his walkie-talkie, he got a call, so I just started walking to class, and that’s when he grabbed me, said Mervin.

Mervin says when the security guard realized he was being videotaped, he tackled the student shooting the video. She says another student captured photographs of that incident. She says the whole incident was unnecessary.

Leo Stallworth, KABC Los Angeles (2007-09-26): High School Security Guards Accused of Excessive Force

One security guard twisted the arm of 16-year-old Pleajhai Mervin behind her back and slammed her against a lunch table, fracturing her wrist, parents said.

I want justice, said Mervin’s mother, Latrisha Majors, who also was arrested. I want justice for my daughter. I want the guards to be held accountable for their actions.

Majors and her daughter were arrested in the Sept. 18 lunchtime incident, along with Joshua Lockett, 14, who videotaped the fight, and his sister, Kenngela Lockett, 16, who also suffered a fractured wrist.

Both Mervin and Kenngela Lockett attended the protest with their arms in slings.

Joshua Lockett, who was on probation for robbery, remained in juvenile custody on suspicion of violating his probation, sheriff’s deputies said.

We come to get an education, not to be hurt by security guards, said Kenngela, who said she tried to pull guards off her brother and was hurt while being handcuffed.

One guard, whose name has not been publicly released, has been placed on leave with pay pending an investigation by the Antelope Valley Union High School District. Attempts to reach the guard were not successful.

Los Angeles County sheriff’s deputies said the guard told them he felt threatened by Mervin.

There was resistance by her, Sgt. Darrel Brown said. He went to control her.

— Karen Maeshiro, LA Daily News (2007-09-29): Rally protests security guard acts.

Mainstream media sources such as the Los Angeles Times, KABC in Los Angeles, KSN (a local NBC affiliate), and the LA Daily News have repeatedly described what happened as a tussle … between a security guard and three students, as a scuffle with security guards, a melee with security guards, mayhem, etc. This apparently is what passes for accurate description of a professional uniformed security goon battering two high school girls and a fourteen-year-old boy, while he’s backed up by another security goon hovering around the area and clearly outweighs all of his victims. You can watch part of Joshua Lockett’s video of the scuffle at MyFox Los Angeles (2007-09-26) and MyFox Los Angeles (2007-09-28).

Oh No A WoC PhD (2007-09-30) has a YouTube montage of more photos and videos from this so-called melee, and also the contact information for school and city officials.

(Stories thanks to feministing 2007-10-01, Women of Color Blog 2007-09-30, Oh No a WoC PhD 2007-09-30, The Superfluous Man 2007-09-28, Radley Balko 2007-09-28, feministing 2007-09-28, and Majikthise 2007-09-28.)

State schooling, institutional racism, blanket zero-tolerance policies, and increasing police and security presence in schools have ensured that many if not most American schools are no longer primarily places of learning. They are guarded institutions whose primary focus is on command and control.

Further reading:

The Conservative Mind (Sin Fronteras edition)

There’s no real way to reply seriously to the kind of deliberate political sadism suggested by nativist creeps like those commenting on Wizbang’s latest on the Evil Alien Invasion. So, instead, I’ll limit myself to a couple questions and a remark. Here’s Linoge, suggesting massive new layers of government regulation in order to make undocumented immigrants suffer as much as it’s feasible to make them:

The word illegal sums it up entirely… I would not go so far as to say they should be arrested on sight (though I am close), but their presence illegally in another nation should be heavily discouraged. That means, no health care, no driver’s licenses, no jobs, no nothing. At all. Ever. —Linoge

Well, at least you’re not going so far as to say they should be arrested on sight. That’s mighty white of you.

Now, here’s the question for the day. How would immigration cops looking to make an arrest determine somebody’s immigration status on sight in the first place?

Meanwhile, here’s a small-government conservative who’s a fan of the East Berlin immigration policy:

At any rate, I don’t see why the States don’t take matters into their own hands. Why do we have to wait for the feds to take action? Is there some reason that Texas, New Mexico, Arizona and California can’t start building walls and fences along their borders with Mexico? What prevents the States from using their state police forces to find, arrest and detain for later deportation illegal aliens? I’m not suggesting roadblocks, house-to-house searches, or Ihre Papiere, bitte, but I don’t see why a state trooper who stops a Hispanic driver can’t do a quick computer check to see if the person is in the country legally.

— docjim505

Here’s the second question for the day: what is the difference, if any, between (1) a cop stopping you and — solely on the basis of your race, by the way — demanding your ID for a check of your immigration status, and (2) a uniformed goon demanding Ihre Papiere, bitte? Because he, what … demands your papers in English rather than in German?

SJBill, for his part, didn’t feel threatened by undocumented Mexican immigrants until they scared him by … exercised freedom of speech and assembly:

Before these protests, I was pretty ambivalent on the issue — meaning I wasn’t directly threatened by illegal Mexicans. I see them all the time at local Home Depots, etc., but they are looking for work and trying to grind out a living. So, with the protests, the lights in the kitchen came on and we see millions of Mexicans (presuming most have other than legal status) marching in our cities and streets — all of a sudden I’m not quite so comfy. It’s pretty scary.

… I see a credible threat to our nation’s security, and we should do what we can to send these folks back home if they cannot abide the law of our land. That’s not being a xenophobe.

— SJBill

Maybe not. But suggesting that people be threatened, beaten, restrained, arrested, detained, imprisoned, exiled, etc. simply on the basis of their nationality, for having done nothing more than tried to work for a living for a willing employer, is.

Anarquistas por La Causa

Today, 31 March 2005, is César Chávez Day–the 78th anniversary of Chávez’s birth near Yuma, Arizona, and a state holiday (I’m told it’s officially celebrated in California, Arizona, Colorado, New Mexico, Texas, Utah, and Michigan) commemorating his lifelong work as an union organizer, agitator, and Chicano activist in the Southwestern United States. Chávez, together with Dolores Huerta, co-founded the ground-breaking United Farm Workers, and organized and inspired a generation of organized labor and Chicano community activists. Hugo Schwyzer has some more thoughts on Chávez’s legacy today; and of course you can find plenty to read from the United Farm Workers’ website.

As far as commemorating Chávez goes, they’ve said it better than I could. I’ll be commemorating the day by talking some more about libertarianism, organized labor, and the struggle of farmworkers in southern Florida–the workers organized by Coalition of Immokalee Workers and the Taco Bell Boycott they launched and, just a few days ago, won–a campaign that was directly inspired by the UFW grape boycott that Chávez helped craft and win, and a campaign that was thrilled to receive the UFW’s endorsement in August 2001.

A few days ago, I prodded Daniel D’Amico in this space and in commentary on his blog over his criticisms of the Taco Bell boycott. He’s since come back with a reply to my prodding and to some similar concerns raised by other commentators. And since we have a nice convergence between the date and a question that might be of some interest–that is, libertarianism and labor, and the compatibility of principled anti-statism and a fighting labor movement–I figured that now is as good a time as any to offer a response to the response.

Before we begin, though, let’s hop onto a long tangent about terminology. Daniel leads off his argument by saying:

The Austrian school and libertarianism alike are against government control of market transactions, but the CIW appears to be refraining from such tactics, so what’s my problem anyway? Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

Some of Daniel’s other commentators had asked him what he thought made the boycott anti-capitalist, but I didn’t and I’m not going to. I don’t have any strong opinions on whether or not the Taco Bell boycott is anti-capitalist because I haven’t got any strong opinions about what capitalism (or, a fortiori, anti-capitalism) means. It seems to me that has been used to describe at least three different things, two of which are mutually exclusive and one of which is independent of those two. These are:

  1. The free market: capitalism has been used, mostly (but not exclusively) by its defenders to just mean a free market, i.e., an economic order that emerges from voluntary exchanges of property and labor without government intervention (or any other form of systemic coercion).

  2. The corporate State: capitalism has also been used, sometimes by its opponents and sometimes by the beneficiaries of the system, to mean a corporate State–that is, active government support for big businesses through instruments such as subsidies, central banking, tax-funded infrastructure, development grants and loans, special tax exemptions, funding plants, acquiring land through eminent domain, government union-busting, and so on down the line. Since government intervention is always, by nature, either services funded by expropriated tax dollars or regulations enforced from the barrel of a gun, it’s worth noting that being capitalist in the sense of a free marketeer requires being anti-capitalist in the sense of opposing the corporate State, and vice versa. The fact that state socialists and the anti-communist Right have spent the past century systematically running these two distinct senses of capitalism together (in order to make it seem that you had to swallow the corporate State if you believed in the free market–which the Marxists used for a modus tollens and the Rightists used for a modus ponens) doesn’t make these two any less distinct, or any less antagonistic.

  3. Boss-directed labor: third, capitalism has been used (by for example, Marxians and socialists who are careful about their use of language) to refer to a specific form of labor market–that is, one where the dominant form of economic activity is the production of goods in workplaces that are strictly divided by class. Under capitalism in the third sense, most workers are working for a boss, in return for a wage; they are renting out their labor to someone else, in order to survive, and it is the boss and not the workers who holds the title to the business, the shop, and the tools and facilities that make the business run. (Or, as the Marxists would have it, the means of production.) It’s worth noting that capitalism in this third sense is a category independent of capitalism in either of the first two senses: there are lots of different ways that a free labor market could turn out (it could be organized in traditional employer-employee relationships, or into worker co-ops, or into community workers’ councils, or into a diffuse network of shopkeeps and independent contractors) and someone who is an unflinching free marketeer might plump for any of these, or might be completely indifferent as to which one wins out; whereas an interventionist statist might also favor traditional employer-employee relationships (as in Fascism) or any number of different arrangements (as in various forms of state socialism).

With these distinctions on the table, it’s worth pointing out that many 19th century libertarians–Benjamin Tucker chief among them–who considered themselves both radical free marketeers and radical critics of capitalism; what they meant was that they attacked capitalism in senses (2) and (3)–holding that state intervention on behalf of big business was unjust and at the root of most social evils, including the exploitation and impoverishment of workers which they identified as being part and parcel of capitalism in the third sense. (They also believed that exploitative and impoverishing practices would collapse in a free market; although many of the practices of landlords, bankers, bosses, etc. were not coercive in themselves, Tucker and his circle argued, they were evils that workers would not put up with if it weren’t for a background of systemic coercion and restriction of competition. So they were worth railing against, even if they were not themselves forms of aggression.)

I point all this out because I don’t think there’s actually anything about being a libertarian, or an Austrian about economics, that requires you to plump for capitalism in the second or third senses. Both Austrian economics and libertarian theories of justice require you to be a free marketeer, of course, but whether that makes you capitalist, anti-capitalist, or just doesn’t decide the matter one way or another depends on how you pin down the term capitalism. Part of my worry is that the way that statists have jammed together three completely different concepts under the chimerical term capitalism has tended to blind libertarians, in the 20th century, to some of the insights that their forbearers in the 19th century had. The idea is usually that if something is anti-capitalist, it is therefore anti-libertarian. But that only follows if it’s anti-capitalist in the sense of wanting to use violence to intervene in the free market. My worry is that Daniel has probably got a good argument for showing that CIW’s actions are anti-capitalist in senses two and three, and mistakenly figured that undermining capitalism in those senses tends to undermine capitalism in the first sense, and therefore destructive. In order to try to avoid confusion on the matter, I’m going to be sticking to the term free market when I talk about what Austro-libertarians are committed to defending.

With that out of the way, let’s look at what Daniel objects to in the rhetoric of the Taco Bell boycott and its supporters. Here’s one objection:

Simply put I believe, there are more ways to be anti-capitalist than just using government. Mainly promoting ideas that capitalism is evil or claiming it resorts to rampant market failure are, in my view, anti-capitalist.

There are two things that this might mean.

  1. It might mean that you can undermine capitalism in the sense of the bosses’ labor market without going for government intervention. That’s certainly true, but it’s not yet clear that this is a vice. If you think (as I do) that there are serious economic problems with the sort of bureaucratic, boss-controlled, centralized, top-down corporate commerce that rose to dominance in the 20th century, then undermining that–by pointing out, for example, that it typically involves crippling knowledge problems, fosters a culture of petulant entitlement among the decision-makers, exploits the workers and systematically shuts them out of important channels for autonomous and rewarding labor, and so on–then undermining capitalism in that sense can only be counted as a good thing. If you also think that the cultural and material conditions created by boss-directed labor profits from and tends to promote the growth of corporate statism that expropriates wealth in order to support the bosses, then that gives you even stronger libertarian reasons to support anti-capitalist agitation in this sense. And indeed there are good reasons for Austrians and their fellow-travelers to think these charges against boss-centric are solid–the knowledge problems that Mises, Hayek, and Rothbard pointed out in central planning also apply when that central planning is done by bureaucratic corporations; the potential of free market competition ameliorates the problem but doesn’t eliminate it, and if decisions are being made on the margin in a market that is already dominated by centralized interlocking bureau-corps, which are supported not only by their existing market share but also by a network of cultural attitudes towards work and jobs, it looks like it is going to be a long, hard struggle to undermine those structures and make the threat of serious competition into a practicable reality. The sort of long, hard struggle, in fact, that groups like the CIW are, at their best, engaged in.

  2. On the other hand, this might mean that there are ways to undermine the free market other than calling down the government. That’s true, I guess, but it’s unclear that the things Daniel cites are examples of it. It’s true that spreading economic fallacies is dangerous, and undermines people’s willingness to stand up for economic freedom even if the person spreading the fallacies isn’t personally calling for government intervention. But whether saying capitalism is evil or that capitalism involves frequent and systemic market failures does that or not depends on whether the critic is using capitalism in the first sense, the second sense, the third sense, or an unstable congerie of different senses. If it’s in the first sense, then clearly it involves an economic fallacies–liberty as such is always an economic (and moral) good, and the Austrians have shown that, while the utopia of neo-classical equilibrium is just that–utopian nonsense–liberty doesn’t create systemic market failures, but rather creates the opportunities and incentives to overcome them. But if capitalism is being used in the sense of the corporate State, then both the condemnation and the accusation of systemic market failure are obviously right. If it’s being used in the sense of boss-directed labor, then the charges involve economic fallacies and undermine the free market only if you think that boss-directed labor is a necessary condition for a free market (which it obviously isn’t), or a necessary condition for a flourishing free market (which is a premise that has not yet been convincingly argued). In fact, I’d say that the history of big business support for stifling Progressive regulation–cf., for example, Gabriel Kolko’s The Triumph of Conservatism–the economic record of big corporations over the past century, and the considerations about bureaucratic planning that I mentioned above are all very good reasons for saying that the link doesn’t exist, that if anything boss-directed labor is corrosive to the free market, and that if it takes a fighting union to weaken or supplant it, then that’s as good an argument as any for vibrant, agitating, government-free union organizing.

    Now, it’s true that most labor organizers and labor activists today are hardly consistent libertarians, and it’s likely that their rhetoric is going to jostle back and forth between different meanings as they go along just as much as when anyone else uses the terms. But that’s not a reason to issue a blanket criticism of the action as anti-market; it’s a reason to call for a clarification of the argument, and an attempt to grasp the dominant principle in the particular case–as stated in their talk and as manifest in their actions. Coming back to the CIW and their supporters specifically, it would be a lot easier to convict them of being swayed mainly by anti-market maxims if they were, for example, a State-protected union, or if they were calling for State action against Taco Bell or its contractors, or if they were proposing that the free market in farm work is the problem, rather than the practices of specific farm employers. But they aren’t; they are making a point specifically about the common labor practices of farm employers in southern Florida, as far as I know aren’t attributing their evils to the free market (maybe their supporters in JVC were making this claim; I don’t know), and they did a lot of really quite fascinating and groundbreaking work in doing labor organizing and achieving goals without the suffocating help of the federal labor bureaucracy. All of these facts are well worth noting when we try to piece out what we should think of as the dominant trends in CIW’s campaign.

The other strand of Daniel’s objection I find a lot more puzzling: he objects that their means (boycotting) are not efficient in obtaining their ends (higher real wages and living conditions for the Immokalee workers), that this is so because the boycott strategy ignores the effects that a drop in demand for tacos will have on wages related to the production of tacos, and so that alternative means would be more effective at obtaining the ends of higher wages and living conditions for the Immokalee workers.

It seems to me that the question of obtaining the end has already been settled now that the boycott has been won. Taco Bell established a pass-through program, the workers will be getting more money, and whatever effects the slow-down in Taco Bell sales might have had on the workers have now ended with the boycott. Workers will be getting about $100 more or so per year, and the amount will increase if CIW can leverage their success in the Taco Bell campaign to convince other companies to adopt a similar policy. So I’m especially puzzled by Daniel’s argument that the drop in demand for tacos (and thus tomatoes) hurts the CIW workers rather than helping them. Sure, the boycott may have hurt their income for the three years of the boycott–although my suspicion is that the change on the margin per worker was probably pretty negligible. But people make decisions that will result in less income for the short term in order to get a better result in the long term all the time. Boycotts and strikes are an example; so are school, investment, and quitting your job in order to become an entrepreneur. One thing you have to keep in mind here is that it was the workers themselves who decided that the trade-off of potential present losses for future gains was worth it; that doesn’t guarantee that the decision was a wise one, but it’s certainly not a bizarre sort of decision to make and here, at least, it seems to have begun to pay off.

Daniel’s right to point out that the Taco Bell boycott didn’t encourage consumers to patronize competing tomato-purchasing industries (in order to keep tomato prices steady or raise them by increasing demand for substitute uses of tomatoes, while encouraging Taco Bell to change its ways in order to recapture some of the lost business). But surely here he has misunderstood the strategy behind the boycott. Tomato-pickers aren’t paid directly by the tomato-using industry that consumers buy from; they’re paid by big tomato farmers, who put sell their tomatoes to Taco Bell, Pizza Hut, Heinz, Pace, et al. as contractors. Since none of those competing tomato-users has a pass-through system either, there’s no reason why the boycott should want to funnel business to them; that would merely be shifting business from one sharp dealer to another; and while it might give Taco Bell an incentive to change its ways, it would reward other tomato-using companies for engaging in exactly the same practices as Taco Bell.

Further, Daniel’s too uncharitable to the CIW when he suggests the following as an alternative, higher-valued use of resources that the CIW could have employed:

Any form of productivity. Allegedly the housing prices in the Immokalee area are exorbitant, and contribute to the poverty conditions of those who live there. So this is an entrepreneurial area that could host the energy of riled activists that is instead being diverted by this boycott. If these activists were instead producing houses, clothes, and consumable goods to be exchanged with the Immokalee workers they would be more successful in improving their quality of life.

But look, these are things that the CIW is already working on. They have already established, among other things a (tremendously successful) grocery store in Immokalee (run on a co-op model, providing goods at near-wholesale prices) and a multilingual community radio station (which helps keep workers communicating and up-to-date on community news). CIW isn’t just a fighting labor organization–although it is that; it’s a community organization and they’ve put a lot of resources into improving living conditions in Imokalee on the ground. They’ve done this in a lot of ways: by putting money into producing community resources, by organizing general strikes and boycotts to negotiate higher wages, by exposing slavery rings, fraud, and violence in the fields (sometimes through the government, sometimes through the press, and sometimes through direct action by workers). The workers have made their decisions about when and how to apply their resources by developing strategies over time to prioritize their needs, and when they launched the Taco Bell boycott it was because they decided it would be worth it to use some resources in the boycott in order to gain better pay and conditions later using a public education and pressure campaign. Now, the mere fact that they decided that this would be best doesn’t mean that they were right; but it’s important to see that their decision wasn’t different in kind from any number of other decisions in the free market, such as: quitting your job, going back to school, starting your own business, investing your money in what you think will be a winning stock, buying a tool, etc. There are plenty of cases where each of these decisions would be wise and plenty where each would be foolish; that depends a lot on the specifics of the case at hand. In this particular case, it looks like the boycott has paid off nicely for the workers–both in direct results and in precedent for future campaigns–and unless you can come up with some pretty specific plans and give some pretty strong reasons in favor of thinking that they would have been a better way to improve farmworkers’ quality of life, I think the presumption is going to be in favor of chalking this campaign up as a good move for the workers.

Of course, you might instead argue that it benefitted the workers, but only at the expense of either Taco Bell, or consumers, or both. That’s a separate argument, but it’s one worth worrying about when we talk about campaigns in which part of the outcome is raising the price of a consumer good. But of course here we need to keep a couple of things in mind. First, the marginal increase in price of the tomatos for Taco Bell is $0.01 per pound of tomatos; in total it will cost Taco Bell about $100,000 / year more than they spent before. If Taco Bell eats that cost it will hardly be noticed, and if the fraction of that cost on the margin is passed on to Taco Bell patrons, it will hardly make a difference. But also, second, that even if the change were likely to make a difference on the margin, that doesn’t necessarily mean that the change in price comes at the expense of the people buying the tacos. One way to look at CIW’s strategy in the Taco Bell boycott is that they were working to earn more money for themselves by changing consumer preferences; what they aimed to do, and succeeded in doing enough to win the boycott, was to educate Taco Bell consumers and get them to recognize the worth of a decent standard of living for farmworkers, and to take that value into account when they deliberate over purchasing a taco. Of course, once they take that into account, they will be willing to pay more for the taco in order to secure the decent standard of living for farmworkers. But it’s not at all clear that this is an loss to them. Sure, it means more money going out, but it’s money being exchanged for something they now value. You could argue that they only ought to value the pleasure of eating the taco, and drop the sentimental concerns about farmworkers; but Jesus, why would you argue that? The market isn’t an arena for machines to maximize their store of precious metals or for hedonic calculators to maximize their bodily pleasures; it’s a process that emerges from the deliberations that free human beings make about what they want and how they can achieve it. People have every right to value tasty food, of course, but they have just as much right to value solidarity with fellow workers, concern for fellow human beings, charity for people suffering, and a lot of other things that come into play when we think about the labor practices of the people we do business with.

Finally, Daniel is again too uncharitable when he worries that the CIW’s practices and demands aren’t as free of government meddling as I’ve made them out to be. Let me be clear–as far as I know, CIW aren’t principled anarchists; while I’m excited about the model of organizing that they’ve developed, and I think their successes have a lot to do with the fact that they are free from both the worm of government union protections and the hook of government union controls, I don’t claim that they’re any kind of infallible resource. My point here has been to draw out the aspects of them that have something to teach libertarians. But it’s not fair to accuse them of grabbing for government backing based on this line from their press release:

The Company indicated that it believes other restaurant chains and supermarkets, along with the Florida Tomato Committee, should join in seeking legislative reform, because human rights are universal and we hope others will follow our company’s lead.

It’s not fair because (1) the statement about seeking legislative reform came from Taco Bell, not from the CIW; and because (2) it’s not specified what sort of legislative reform they mean. There are two different things that CIW has objected to in southern Florida: (1) the prevalent low wages and harsh working conditions; and (2) the use of fraud, coercion, and outright slavery against immigrant farm workers. Both of the complaints were part of the Taco Bell boycott campaign, and if the legislative reform is aimed at dealing with enslavement of farmworkers or making local law enforcement more responsive to issues of slavery and trafficking, then there’s no reason at all why an anarchist should object. If Taco Bell is proposing some kind of bureaucratic labor regulation by the Florida legislature, then yes, we’ll have to oppose that when the time comes. But that suggestion came from Taco Bell, not CIW, and if CIW were to come out in support of it, I wouldn’t be terribly shocked, but it would represent a substantial break from the strategy and tactics behind all of their successful organizing and activism so far.

So enjoy César Chávez Day, and wish the Coalition of Immokalee Workers well on their recent victory. It’s OK. In fact, if you care about workers bettering their lives without coercion and in organizations autonomous from the State, it’s pretty exciting. Even if you’re a libertarian. Really. I promise.

The Most Depressing Photograph in the World

…, or at least in the April 2005 issue of Reason. This is from the leading page of Homeschooling Alone by Greg Beato. Here we have three young children under Mother’s watchful eyes in Tempe, Arizona:

Photo: three home-schooled children and their mother hold their hands over their hearts and hold up a United States flag in their living room

This is a family of home-schoolers starting their day–by uttering the Pledge of Allegiance. When they don’t even have to.

You want an argument for thick libertarianism over thin libertarianism? There it is.

N.B.: this is not a diatribe against home-schooling, or even against the article. The article is mostly intended as an article about why private foundations and corporate donors seem resolutely determined to keep throwing their education reform money down the hole of proven failures–like mostly-useless charter schools and technology-in-schools fads–rather than, say, offering scholarship funds to homeschooling families or co-operative organizations of home-schoolers. It’s decent as far as it goes, but here as elsewhere the cadences of the hard Right–who are withdrawing their kids from school, by and large, so that they will be unconstrained in their ability to teach their children a bunch of lies in a resolutely authoritarian atmosphere–are lurking behind the voice of almost everyone who’s allowed to speak on behalf of homeschoolers.

That doesn’t mean that everyone who homeschools is like that of course, and it sure doesn’t mean that that’s what homeschooling as such means. It isn’t; that’s just what the most obnoxiously vocal part of the movement is about. A lot of people are doing amazing things with their kids. And, hell, it doesn’t even mean that the kids being homeschooled by hard Right fundamentalists ought to go back into government schools (let alone be pushed back into it by the heavy arm of the State). Everyone has the right to flee the institutionalized education system, and it’s hard to say how they’d be better off (on balance) if they were stuck back into one of those desks. Homeschooling means a step, even if it’s a small one, towards learning in freedom The less bullying that anyone gets from the government about getting out of the institutionalized school, the better–and that means that no bullying is best of all.

But what kind of a standard is Well, at least it’s not as bad as the government schools for an anarchist to uphold? Freedom is better than coercion, sure–being left alone is better than being stomped on, and leaving other people alone is better than stomping on them. But that’s not the end of the story; while I’ll go to the mat supporting the right of parents to keep their kids out of government schools, and the wisdom of doing so even if their views about education, history, science, politics, etc. strike me as abhorrent, it’s worth pointing out that those things are abhorrent. Besides being bad in their own right, some of those views are directly opposed to maintaining a free culture. Like taking your kids out of government schools to ensure that you can hold on to an obsessive theo-nationalism and chant out UNDER GOD! every morning, for instance. The hard Right wing of the homeschooling movement may be tactical coalition partners; they may be people that I’m obligated, by principle, to support against government aggression. But they are not my friends.

Nor should they be.

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