Letter to NE State Senator on ACLU action items in Support of Black Lives

Reference for Nebraskans:
https://www.aclunebraska.org/en/news/fighting-racism-nebraska

Greetings, Senator X, 

    I hope you and yours are staying safe during the pandemic. I wish Gov Ricketts was a better leader in regards to this disease, and that he was less ... how do I say... worshippy of Trump, who is an unfit leader, to say the least. 

    The past month or so has been gut-wrenching to see the continued danger black and brown people feel at the hands of police. It's so evident, after watching videos of police brutality towards peaceful protesters, elderly, pregnant, children, and journalists that we are in need of MAJOR reform. Our police are militarized and breaking the First Amendment, breaking laws. All that is being asked is that police do NOT brutalize citizens .... and now we see the police essentially demand what they view as a right to do just that.

    I definitely support defunding the police and redistributing those funds to many avenues that can do what the police can't, doing away with qualified immunity so police don't act out knowing they'll never suffer consequences, and banning the use of tear gas, rubber bullets and other projectiles. Tear gas has been banned in warfare, so there is no reason it should be used on civilians.

    I am aware, thanks to the ACLU, that there are some possible NE LB's that may be helpful for me to refer to. Hopefully this list will help you understand where I stand.

1. SUPPORT LB 924 - Require Anti-Bias Training for Law Enforcement - Although many police who have killed black people have undergone anti-bias training before their murders of civilians, any bit more we can do to require officers of the law to acknowledge their responsibilities towards others is a must.
2. SUPPORT LB 1060 - Ban Natural Hair Discrimination - By prohibiting hair discrimination in Nebraska, we come closer to ensuring that all Nebraskans of color, but specifically Black Nebraskans, can contribute to their communities and workplaces as their full selves. To begin to confront the long stigma that falsely associates the way a person’s hair naturally grows with a lack of professionalism, we need to state it clearly: this is racial discrimination and it’s illegal.
3. SUPPORT LB 918 - Establish a Commission on African American Affairs - Nebraska already has the Commission on Indian Affairs and the Latino American Commission. LB 918, introduced by Sen. Wayne, creates a long overdue Commission on African American Affairs and a study of disparities in government contract allocations. The Commission would center African American leadership and issues on the state level to foster consistent racial justice gains in legal, political, social, economic, and educational spheres.
4. SUPPORT LB 646 - End Cash Bail - LB 646 ends Nebraska’s current system of cash bail that lets the size of an individual’s wallet determine whether they are granted freedom or stay detained, disproportionately impacting Black Nebraskans and low-income households. 
5. SUPPORT LB 589 - Eliminate a Permanent Police Force in our Schools - A school-based arrest is the quickest route from the classroom to the courthouse and the data is clear that in Nebraska, Black and Brown children and children with disabilities are grossly overrepresented in extreme school discipline - including arrest rates and criminal system involvement due to disciplinary issues in school. The time is right to end these failed programs that are antithetical to an educational environment. We need to reinvest those resources in mental health family support and educational opportunity.
6. SUPPORT LB 176 - Mandatory Minimum Reform LB 176 gives local judges the discretion to impose an individualized sentence rather than an extreme mandatory minimum term of imprisonment. Mandatory minimums are used by prosecutors to pressure individuals into guilty pleas. Prosecutors often threaten mandatory minimums when the case against the defendant is weak or when police violated the citizen’s rights to garner the evidence. Often, Black defendants being held on an unreasonably high cash bail amount must choose between “pleading out” and going home or facing the prospect of an unjust mandatory minimum sentence if they exercise their rights. These extreme sentencing tools increase the likelihood of wrongful convictions and eliminate the judge’s discretion to impose a more just sentence. 
7. SUPPORT LB 1170 - Implicit Bias Training for Healthcare Workers - Across the nation, Black women are three to four times more likely to die during childbirth than white women. LB 1170 ensures more equitable delivery of healthcare in Nebraska by requiring anti-bias training to address the unacceptably high rates of maternal mortality specifically among women of color.
8. SUPPORT LB 89, LB 110 & LB 652 - Sensible Drug Policy -The failed war on drugs has been a key driver of racial injustice. The ACLU’s new report, “A Tale of Two Countries” shows overall in Nebraska, Black people are 3 times more likely to be arrested for marijuana. Black people were six times more likely to be arrested for marijuana possession than white people in Lancaster and Sarpy Counties and more than eight times more likely in Buffalo and Adams Counties.
9. SUPPORT LB 83 & LR 286CA - Restore the Right to Vote -Far too many Nebraskans of color have been disenfranchised due to criminal system involvement – both directly by Nebraska law and indirectly by the confusion and chaos surrounding application of this law. LB 83 introduced by Sen. Wayne would remove the arbitrary two year waiting period that prevents people from voting until two years after completing the terms of their sentence. LR 286 CA, introduced by Sen. Cavanugh, is a constitutional amendment to remove nearly all limitations on voting rights based on criminal system involvement. 
10. SUPPORT LB 986 - Ban the Box in Higher Education -People of color are disproportionately and negatively impacted when college applications ask about criminal system involvement because of unjust overrepresentation at every juncture of our criminal system. LB 986, introduced by Sen. Pansing Brooks, would prevent public colleges and universities from asking about or considering a person’s criminal record for purposes of admission.
11. SUPPORT LB 44 - Abolish the Death Penalty and Replace with Life in Prison -The death penalty in America is a broken process from start to finish. Death sentences are predicted not by the heinousness of the crime but by the poor quality of the defense of the accused and the race or ethnicity of the accused and the victim. A systemic racial bias in the application of the death penalty exists at both the state and federal level. More and more states are turning away from the death penalty and it’s time Nebraska rejoin that list to address this miscarriage of justice and pursue alternatives that put public safety first.
12. OPPOSE LB 147 - Physical Restraint in the Classroom - I know I've reached out to you on this one before, but still want to reiterate my opposition. LB 147 allows teachers or administrators to physically restrain students and provides immunity for teachers or administrators when using restraint. This is a key racial justice and disability rights issue. Black children and children with disabilities are grossly overrepresented among children who are physically restrained and who face harsh school discipline sometimes with lifetime consequences. 
13. SUPPORT - Racial Impact Statements - Nebraska needs to begin to include racial justice impact statements on legislation. An example is LR 217, introduced in 2019 by Sen. Vargas, which would have directed a study to determine the feasibility of these impact statements.

    On a personal note, I'd like to say that despite our rural area and lack of diversity in this district, it's imperative that we, in District XX, in Nebraska and in the whole country, take responsibility for the injustices that exist in a system that is completely unbalanced. It means a lot of uncomfortable conversations and a lot of introspection. I sincerely hope that if you find this difficult, you search out resources about anti-racism and police brutality and reform. I'm currently engaged in reading these books as well to deepen my understanding and find ways I can help bring about change. The time is always right to do what is right. 

    Statues may tumble, and people may not be able to spout hateful rhetoric to others, but it's about time. Our country has never been equitable for all and we hold it in our hands to admit that, fix it, and make it better for EVERYONE.

   

    I am currently leaving a job (a weekly newspaper based in KS) because a co-worker said she was a proud racist, and dropped the n-word in front of one of our bosses (the publisher of the paper), who did nothing to correct her, but actually added to her racist comments. My heart was pounding and I felt sick. I told her I don't approve of that word (I have black nephews and friends, but one shouldn't have to state that to point out it's wrong) and she used the n-word again. I told her she didn't have to stay a racist, that she could change, and she looked at me like I was crazy. When I left the room, our boss told her that I "take things too seriously". When I emailed the two bosses the next day to lodge an official complaint (small office), one wrote back and said that he would tell her that language isn't allowed, but he also tried to tell me that she isn't really a racist. 

    I cannot stand to be in a hostile work environment which is discriminatory and allows bad behavior. So many other places would fire a racist on the spot instead of defending them. Instead I'm losing a job, and she, who is also on the city council and a mother, and substitute teacher, no less, is not forced to address what she has done. She said she's a proud racist, and that's how she was raised. No doubt, that's how she's raising her children. She proudly stated her 4 year old son called the KS governor a dipshit. So you can imagine what else they learn, and the unfair and unsafe classrooms she will oversee. This is why change and introspection is imperative.

    I understand this occurred in Kansas, but it's just over the border from us here in Nebraska. The environments are so similar. The roots run deep. But they are roots to a poison. 
    I implore you to strongly consider how the above LBs can be utilized to bring about a little more equity in our state. I encourage you to check out books on anti-racism and police defunding so that we can acknowledge the difficult realities and change them for the better.

Thank you for your time.