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Posts tagged Radley Balko

Well thank God #7: Sagging and the new sumptuary laws

A couple years ago, the Virginia state legislature took bold action against a grave and gathering threat to democracy, freedom, and our way of life:

The House of Delegates voted 60 to 34 Tuesday to impose a $50 fine on anyone found wearing pants low enough that a substantial portion of undergarments is showing. Note the vote: It wasn’t even close.

About those pants: Lots of kids these days are conducting a large-scale experiment to see if trousers can defy gravity. This results in the widespread public exposure of underpants.

This greatly offends Del. Algie Howell Jr., a Democrat from Norfolk and author of the no-low-pants bill, which still faces a vote in the generally more skeptical Senate. People that live in my neighborhood don’t want to have to see undergarments, Howell told me. It’s not about individual rights; it’s about values. I own a group home; we take in kids who’ve been in trouble. Most of the men who come in in shackles and handcuffs are trying to hold up their pants. The way you dress does have something to do with how you behave.

Since the state has an interest in fighting unemployment and crime, Howell figures the state is right to ban a practice that he says makes young people less attractive as employees and more likely to turn to crime.

— Marc Fisher, Washington Post (2005-02-10): Droopy Drawers Drive Va. House To Distraction

Now here’s the latest from Delcambre, Louisiana:

The Delcambre Board of Aldermen outlawed indecent exposure in the form of sagging pants Monday, but not before several residents voiced their objections.

The board voted unanimously to make it illegal for anyone to wear clothing that exposes them or reveals their underwear in public.

The ordinance states, It shall be unlawful for any person in any public place or in view of the public to be found in a state of nudity, or partial nudity, or in dress not becoming to his or her sex, or in any indecent exposure of his or her person or undergarments, or be guilty of any indecent or lewd behavior.

It is punishable by up to a $500 fine or up to six months in jail, or both.

Delcambre Police Chief James Broussard said violators can be arrested if officers spot them while on patrol, or if another resident files a complaint.

— Jeff Moore, The Daily Iberian (2007-06-12): Sagging bagged by town

Radley Balko informs us that there is a movement afoot amongst the Real Americans, in both Red states and Blue:

Moreover, civic organizers in Atlanta, Detroit, Nashville, Tenn., and Birmingham, Ala., are planning antisagging rallies, says Pastor Dianne Robinson of Jacksonville, Fla., who last week handed out 78 donated belts at a belt rally. This sagging of the pants is to me a defiant act, and it has all kinds of implications, says Ms. Robinson, who is black. If you can’t get up in the morning and pull your pants up, that says a lot about you, even if I don’t know anything about you.

–quoted by Radley Balko, The Agitator (2007-07-20): Droopy Drawers Banners See Cracks in Opposition

Now that we already have a professional cadre of bureaucrats running behind us all, yelling You’ll put an eye out with that! and Don’t drink that, it’ll stunt your growth!, how could our statesmen and civic organizers possibly refuse their duty to set the Law running around after people wearing dress not becoming to his or her sex [sic!] and black kids committing defiant acts, screaming You’re not going out like that, are you?! and Don’t you take that attitude with me, young man!

Free Cory Maye

Roderick’s recent post (2006-01-06) reminded me: Cory Maye needs our help, and we need to keep eyes on his case. About a month ago, I mentioned the case of Cory Maye in the course of my commentary on the premeditated murder of Tookie Williams by the state of California. Maye was sentenced to die by poisoning on January 23, 2004. Now, as far as the death penalty is concerned, I just don’t care whether Maye is innocent or guilty. Innocent or guilty, the state of Mississippi has no right to kill him when he poses no threat; that’s premeditated murder, with or without the black hood and the Crown on the heads of those responsible. (See GT 2004-12-15: God damn it and GT 2005-12-13: Murder in the first for further discussion in the context of different cases.)

But there are good reasons to think that Maye is innocent, and that the crime of murdering him would be doubly foul. Radley Balko has been talking this up since discovering the case in early December. There are lots of legalistic worries about the conduct of the police and the progress of the trial. It’s important to keep track of those for the purposes of defending Maye’s life, but it’s also important to remember that the pretext on which the narco-cops were storming Maye’s house in the first place — the so-called War on Drugs — is itself a massive, systematic, and senseless paramilitary assault on innocent people, for committing the crime of taking drugs without a permission slip — an act which is at worst foolish, perhaps a vice, but which can at worst hurt only themselves. The cops, in other words, had no damn right to storm Maye’s house, and the state of Mississippi couldn’t give them one even if they had complied with all the official paperwork (which it seems that they didn’t). Whether or not a judge wrote them a warrant that covered Maye’s home, they had no right to be there. Whether or not they knocked and identified themselves, they had no right to break into Maye’s house by force. And when an armed gang that has no right to be there invades your home without your permission and comes after you, you have a right to defend yourself, by force, if necessary. Balko’s right to say:

Maye’s case is an outrage. Prentiss, Mississippi clearly violated Maye’s civil rights the moment its cops needlessly and recklessly stormed his home in the middle of the night. The state of Mississippi is about to add a perverse twist to that violation by executing Maye for daring to defend himself.

— Radley Balko, The Agitator (2005-12-17): Cory Maye

But it’s important to note that that’s true even if the police and D.A.’s version of the story were (as it almost certainly is not) true from beginning to end. The War on Drugs is indeed a war — but it’s a war on people, not substances, and those people have done nothing to deserve being attacked by the paramilitary forces of the State. The warriors are trying to make Cory Maye its latest casualty. They must be stopped.

WikiPedia’s article on Cory Maye summarizes the details of the case. There’s a new website, MayeIsInnocent.com, that provides a clearing-house for information and news about the fight for Maye’s life. If you want to help, here are three things you can do:

  1. Write a couple letters: Read over the information on Maye’s case at The Agitator, at WikiPedia, and at MayeIsInnocent.com. Write a polite, well-considered letter to Governor Haley Barbour (for an example, see Silent Running (2005-12-10): An Open Letter) mentioning the legalistic details that I’ve mostly set aside here, and ask him to grant clemency or a pardon. Be sure to mention what you’re going to do next: take that letter, pare it down to 300 words or fewer, make it a bit less polite, and send it to your local newspapers. Be sure to include URIs for Balko’s coverage and/or MayeIsInnocent.com. The more heat that Barbour gets, and the more that it makes its way into the Op-Ed pages of newspapers across the country, the more pressure there will be to act. And the more that it appears in those Op-Ed pages, the more people will learn about the case.

  2. Post news or commentary on your website about the case. If you haven’t done so already, get on it. If you have, mention anything that’s new since your last post. Why? Because this is important, but it’s in danger of receding into bloggers’ archive sections and out of public sight. Keep the debate alive online and it will have a better chance of reaching more ears both online or offline. If you’ve written letters, you can post copies online for other people to see. If it’s nothing more than a Cory Maye is still in jail and the state of Mississippi still threatens to murder an innocent man, there’s nothing wrong with that, either. Because he is still in jail and the state of Mississippi is still threatening to murder an innocent man; the sword over his head hasn’t moved away just because your attention has. (If you’re the sort to post buttons or banners at the top of your page, Roderick (2006-01-08) and Laura Denyes (2006-01-04) have some suggestions. Don’t forget to link the image to MayeIsInnocent.com or a similar clearing-house.)

  3. Help Cory defend himself in court. If you have the money, you can help by contributing to [Cory Maye’s legal defense fund]. Even small contributions ($10, $20) can be immensely helpful in a case like this. Maye’s case is on appeal, but his current lawyer is a public defendant and needs financial help to be able to continue his investigative and advocacy work on Maye’s case. Contributions can be sent by mail to:

    Cory Maye Justice Fund
    c/o R.E. Evans
    P.O. Box 636
    Monticello, MS 39654

    See Balko’s post (2005-01-06 for the details.

Battlepanda (2005-12-13) suggests some more ways you can try to raise a ruckus about this. Let’s get on with it: an innocent man’s life is on the line.

Murder in the first

As you probably know by now, mercy was denied, and Stanley Tookie Williams was murdered by the state of California at 12:35 am this morning. In other news, none of his alleged victims came back to life and there are no reports of murders having been deterred in the state of California.

Here are some things I don’t care about today.

I don’t care whether Tookie repented, deep down in his heart, or whether he was trying to put on a good face in order to save his skin.

I don’t care whether Tookie’s trial was fair or not.

I don’t care about whether Tookie was innocent or guilty of the crimes for which he was slaughtered.

I don’t care about whether Tookie was innocent or guilty of a bunch of other crimes that he has or hasn’t copped to.

I don’t give a damn about what kind of message mercy would have sent. Or what kind of message slaughtering him did send.

And if I hear one more goddamned professional blowhard cheerfully pontificating about the calculated electoral pandering that informed Governor Schwarzenegger’s deliberations over a man’s life, as if there were nothing unexpected or wrong with snuffing out a human life in order to make sure that your political base stays behind you, I am going to scream. And cry.

Regardless of the fickle electoral preferences of California Republicans, the messages that the State’s Harrow might inscribe into a man’s body for the edification of unnamed others, his guilt or innocence, the adequacy of his trial, or the inner state of his soul, Tookie would have posed no more credible threat to anyone alive in San Quentin without the possibility of parole than he does now that he has been poisoned to death. I wouldn’t presume to know whether he, or anyone in this vale of tears, deserved to live or deserved to die. What could give me the right to say? More to the point, what ever gave the hangmen and politicians of the state of California the right to say?

I do know that if he did deserve to die, we would have no right to give him what he deserves. Blood vengeance is not ours to dispense. Would you have sanctioned the premeditated murder if one of the other inmates managed to break out and slit Tookie’s throat in the middle of the night, just ’cause he deserved to die? If so, why? If not, what makes the relevant moral difference between the criminal and the State’s hangman?

The death penalty is the definitive expression of what the power of the imperium means. It means that the State claims a special right to control you, to beat you, to tie you down, and to kill you, at its own pleasure and discretion, a claim that would be universally met with indignation and horror if it came from anyone else, if it weren’t covered with the robes and the crown. The death penalty — an act of State-sanctioned murder whether the victim is good or evil, innocent or guilty, redeemed or sinful — shows the State in all of its power and all of its glory, in the mirror that flatters not.

engraving: a ghastly skeleton, robed and crowned, holds a sceptre and a polished glass with the words, THE MIRROR THAT FLATTERS NOT

The State is Death. That is its power. That is its justice. That is its law.

At 12:35 a.m., it claimed Tookie Williams. It must be stopped before it claims even one more life.

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