The "All White" SCOTUS Bench Is Blind

Evidently, the current batch of ultra-conservative "Supremes" have designs on just about every progressive act the Supreme Court ever produced. In several hacking attacks on justice in our land, the SCOTUS justices swept aside the intent and letter of the law from Brown v. Board of Education (and Thurgood Marshall is rolling over in his grave), as well as undermining over 90 years of consumer protection by rolling back the restrictions on price fixing between retailers and their producers/suppliers.

It's really nice of Chief Justice Roberts to tout the idea of ending racial segregation by merely waving his magic wand and declaring that the way to deal with racism is not to deal in racism. However, as my experience here in Arkansas reveals, the more we stick our head in the sand over racism, the more pronounced it becomes. Sure, we do not have the overt and profound racism of the Reconstruction Era, but many of those victimized by today's versions of racism will tell you, our forms of racism may be worse... Our forms of racism are only marginally hidden just under the surface of our society and are fast becoming re-institutionalized, just as they were under the Jim Crow Laws, and as they were prior to the Civil Rights Movement.

As for the anti-trust reversal and the protections against consumer-focused frauds, the SCOTUS justices have once again sided with big business and corporations over the rights of individuals, working members of our society, the poor, children and families. In other words, they have screwed us over once again. Of course, Congress could undo both rulings with laws that counter these rulings in a constitutional manner. However, it is unlikely that Congress will do so for the following reasons:

1. Almost no one in Congress has read, or understood, our Constitution in a sufficient manner to understand that they are supposed to protect us;

2. Almost everyone in Congress is paid by Big Business and multi-national corporations that control not only the congress critters by way of out-of-control campaign finance, but by controlling access to congress members and the process of making laws by average citizens;

3. No one in Congress has the leadership skills, the charisma or the talent to get out of their own way and pass laws that make any sense to anyone with an iota of intellect or a scintilla of common sense.

Now someone might notice that I referred to the SCOTUS Bench as being "all white" and object, or at least try to correct me. But Clarence Thomas is what we used to call an "Oreo Cookie": Black on the outside and white on the inside. Once that is realized, the "whiteness" of the bench is obvious. Now, someone might find fault with the idea that being "all white" is somehow a bad thing. Given that our society has never been "all white" in the first place, and efforts to make it so are inherently misplaced and misdirected, having a SCOTUS bench that presents as white supremacists is inherently evil.

When we consider our history, we must understand that we are a society of mongrels. Most of our colonial settlers and homesteaders involved themselves in interracial and inter-cultural relationships (sometimes formal and sometimes informal) in some form or another. Thomas Jefferson has been proven to have had intimate relations with one of his slave women. In fact, a majority of slave owners involved themselves in intimate relations with their slaves, partly as a matter of control, partly as a matter of breeding new slaves, and partly because they were immoral bastards that preached one standard and lived by anything but that standard. The French and Spanish explorers and settlers were passionate about intercourse with Native American women, often producing offspring that they rejected.

Several genealogical studies demonstrate that a lot of European surnames reflect interracial family histories involving the Moors of Spain and North Africa (i.e. Black, Schwartz, Blackwell, Moore, Maher, Negroponte, Morris, etc.). These surnames are found throughout Europe and North America, especially in the United States.

So, when we institutionalize our prejudices and racism, we are denying our own heritage and family secrets, as well as violating the very teachings of Christ that so many lily-white Christian Americans claim as the basis for their values... and their racism.

Justices Limit the Use of Race in School Plans for Integration

Standing in the Schoolhouse Door

Court Ruling Likely to Further Segregate Schools, Educators Say

Century-Old Ban Lifted on Minimum Retail Pricing

REFERENCES:

Not One More Roberts or Alito

Whites Faced Election Bias In Mississippi, Judge Rules

Supreme Court Term Shows Shift to Right

I Am Back... No Thanks To Arkansas ISPs

I have often engaged in discourse on the "digital divide" that present barriers to Internet access and information. Many times this discourse has involved the need to connect the "Third World" for purposes of economic and political improvement of the lives of people in these countries (most of which are in Africa, Asia and parts of South America). But the truth of the matter is that there are areas in the United States that are so under-served by acceptable and economically accessible Internet connection that these areas might as well be located in Africa, the far eastern parts of Asia, or some remote location in the Amazon.

Arkansas is a state that reflects this access isolation. Despite the laws and programs that have been in place for ten years or more to bring the Internet to rural areas of the United States, most rural areas of Arkansas do not have reasonable or affordable access to the Internet. While there are some dial-up providers, most of them are essentially long distance calls and incur significant costs to use. There are some cable companies providing high-speed cable access, but these mostly serve the few cities and towns that have a population over 1,000. Since most of the cities and towns in Arkansas have under 1,000 people, this is severely limiting. DSL is also limited to regions with a significant customer base. If DSL is offered in a smaller community it is usually limited to those residents that live close to the "business section" of the towns. Unfortunately, those "business sections" are so small that most people don't even notice they were in a "business section."

Satellite service is probably the most reliable option, but the initial costs are about $500, which most people in the rural areas of Arkansas cannot afford. There is a "promotional sale" going on with the major (only) satellite service that allows a monthly payment over 24 months, but it ends up making the monthly bill almost $100. Plus, if you are not using a credit card to pay the monthly bill, there is a $5 to $10 additional charge for mailing a bill to your home. There are also a few other fees that are not directly advertised until you have committed to the sale. In the end, satellite Internet service will end up costing close to $120 per month for the first 24 months (under the payment promotion), unless you are willing to pay $400 up front and use a credit card to pay the monthly tab. Even then, the complete costs for service will be between $75-$100 per month. On top of that, and even if you use a credit card, you must pass a credit check and commit to 24 months of service.

The majority of local elementary schools do not have full Internet access. In Lee County the library does not have computer access for patrons in any shape or form. In St. Francis County the only library I have run into with Internet access is the one in Forrest City, but ordinarily you have to be a library patron to use it... and if you do not live in Forrest City there is a $15 annual fee for access to the library. In Helena-West Helena, located in Phillips County, the library has a limited number of computers for use by patrons, but the use is so regulated that 30 minutes is all you can have, and you cannot surf as you please. Neither the Lee County, St. Francis County or Phillips County libraries are really up-to-date in terms of their books, services, audio-video or computer access. In fact, each and every computer I have used down this way has been so poorly maintained that the virus prevention software has been 6-12 weeks expired on each system and network.

But there are economic, transportation and cultural barriers present down here that just seem to make the Internet a non-entity down here. In most places, even the computer as a tool for word processing, data processing and other standard work-related uses is received as a foreign object that is to be feared.

But I finally found a solution and the money to reconnect to the Internet. I am not fully setup as of yet, but I will be gradually restoring my connections and blogging with some of my same zeal and considered opinions.

I hope some of my more loyal readers will return to read my words.

The Woe That Is Arkansas

I am newly transplanted to Arkansas from the East Coast by way of Indiana. By all proprieties of Southern etiquette, I should be keeping my mouth shut and working on getting accustomed to the “way of the South” (stealing a line from the “Prince of Tides”). But I cannot keep quiet when I see oppression.

That’s right… I said “OPPRESSION.” There is a level of economic, political and spiritual oppression that permeates the very soul of Arkansas. While there is a church on practically every corner of every intersection—even in areas where there are no corners—there is a spirit of acceptance in terms of this oppression. The politicians in Little Rock beat their collective chests and decry the immorality of popular culture, touting Christian values as the bedrock of Arkansas culture and politics, but their collective and historical actions have done nothing more than create an oppressive and manipulative culture that puts down everyone in the state that is not inherently wealthy.

While it is easy for someone from outside of the “Deep South” to recognize that the remnants of racism that were born during Reconstruction and reportedly defeated during the Civil Rights Era are “wall-to-wall” throughout Arkansas, the oppression I am speaking about affects the majority of white citizens as equally as it does black citizens. The economic hardships that are pervasively present in Arkansas keeps people from having rights in the workplace, choice in the selection of jobs, achievement in education and academics, or even the notion that life as it has been can change.

The entire culture of Arkansas seems to be based on the premise that change produces bad results, that anyone asserting rights is either daft or doesn’t understand normality, and that anyone speaking out is a troublemaker. In the case of our black citizens, anyone that dares to question the way of things is quickly labeled as a no account… I won’t use that word, but suffice it to say that it is a word that is still widely used among the white folks in Arkansas and is deeply offensive to anyone of any race or culture. In fact, many Arkansans think and convey that “word” in conversations between whites and blacks even when they do not use it. The fact that this word and the attitude and hate that goes with it undermines the humanity of the victim to whom it is addressed and the perpetrator that uses it to demean others.

In the case of our white citizens, they are being misled as to the cause of this oppression. They are being told it is because of the lack of business infrastructure and development. They are also being led to believe that our black communities are the reason. But, to quote George C. Scott playing General George Patton, Jr., “a blind man could see it {the cause] in a minute.” The lack of education and cultural experience outside of the “we’ve always done it this way” mentality that permeates Arkansan thinking.

Again, I know I am stepping out-of-bounds here because I am the newcomer. But sometimes it takes an outsider’s perspective to see the things that are obvious but oblivious. One of those obvious but oblivious matters is the fact that no one down here seems to have any enthusiasm for what needs to be done. There is a lot of enthusiasm for making a buck—and I do mean just a buck. But actually getting things done that would improve the overall situation of Arkansas is not a real high priority. Instead of working on poverty, ignorance, health matters, economic development, business infrastructure and the workforce, our major towns and communities have concentrated on passing unconstitutional laws about playing loud or profane music, wearing trousers in such a manner as to expose under garments (but it is okay to wear a speedo or a bikini to the pool or a swimming hole), or other ordinances that infringe upon the basic rights of choice and expression.

While I agree that some music is offensive when played loudly, or when certain words are used in the lyrics, I do not think these issues are so pressing upon the municipal, county or state government that they should have spent one moment on considering them. I also agree that seeing a teenager with his “drawers” hanging low, exposing the general public to knowledge of his/her choice of undergarments is unsightly. However, I cannot fathom why it was such a pressing concern that many places in Arkansas (and other parts of the South) passed ordinances or laws that provide for a fine and legal entanglement on the basis of this fashion offense.

Because of these ordinances I am sure that all of the appliance repair people and plumbers are running out to the store to buy better fitting jeans so that they are not arrested for the type of exposure for which both professionals are well known. Mothers are now worrying about being fined for allowing their babies and toddlers to run about just wearing diapers. Young ladies are exchanging their bikinis for full-length one-piece suits from the 1920s. And those men brave enough to wear Speedo bathing suits are now considering the types of suits once made popular by Moe, Larry and Curly.

Fundamentally, the idea of dictating what kind of music or what kind of attire someone chooses is a First Amendment right. Any law or ordinance that seeks to limit either choice or expression has to demonstrate a compelling interest in order to be constitutional. While many communities across America have “noise ordinances,” and several states have motor vehicle regulations that prohibit loud music or noise being produced from a vehicle, these laws have been upheld on the basis of disturbing the peace due to the congestion of larger cities and towns.

But a town like Brinkley, or even one like Marianna, cannot claim such rationale because neither town is so congested or densely populated that a loud muffler or a loud radio could cause a significant disturbance of the peace. Like most towns across Arkansas, Brinkley and Marianna have numerous empty storefronts and abandoned businesses. In fact, some of the businesses open in these communities look like they have been abandoned even though they are open for business and are contributing to the municipal tax base. Even in the more densely populated sections of town, at least 15 to 20 feet exists between homes. The business sections of these communities are so small that the old rub about blinking twice and being through it applies. Loud music could only disturb the armadillos, mosquitoes and the abundance of toads living in these parts of Arkansas. There is no compelling interest to justify passing and enforcing such ordinances and laws against loud music.

The possibility of a noise nuisance caused by a radio or a muffler in either town (or most towns in Arkansas) is remote, especially in comparison with other noise nuisances in the area. The biggest noise nuisance in either of these towns would more likely come from the trucking traffic on the nearby highways or the numerous tractors and farming equipment being used regularly. Yet, there is little effort being made to erect noise suppression walls along I-40, Route 1, or US 70. No one is suggesting fines for the farm equipment and tractor noises that awaken most of us as early as 5:00 AM. What is disturbing in these towns is the utter disregard for the US Constitution, the First Amendment and the Constitution of Arkansas.

The same First Amendment issue is present in regard to ordinances and laws against wearing trousers down low enough to expose undergarments. While I may agree that such fashion is unsightly, impractical and, in many cases, offensive, it is not obscene, profane or immoral. There are no “private parts” being exposed and there is no sexual connotation to this form of expression. As an educator, I can see the compelling interest for a school to enforce a dress code that prohibits such choices during school hours on school premises. However a person chooses to dress in public, absent of a compelling interest or rationale against such attire and expression, is entirely a matter of choice and taste. In the case of teenagers, it should be left as a matter between themselves, their peers and their parents. While it is important to convey the idea that “first impressions are lasting impressions” and that choice of attire can convey attitudes and messages about the person, making these issues a matter of law is overkill and an unconstitutional overreach for power. But this unconstitutional status seems to be ignored in Arkansas.

But there it is… the issue is power, not righteousness or correction of our youth. Here, in Arkansas there is a permeating notion that things have to be dictated to others. This notion has been accepted as a normal part of life for everyone living in Arkansas. But the reality of this notion is control and exercise of power. There is a subtle, yet permeating, manipulation of culture toward submission, hopelessness and helplessness that overpowers all but the very wealthy or very powerful in the state. My “spidey senses” tell me that this is the profound influence of the Christian Right dictating moral standards to the communities at-large in regard to these attire and noise ordinances.

Throughout Arkansas, workers are given a “take it or leave it” ultimatum by practically every employer, including the state and its municipal entities. The notion of equal employment opportunities is a formality that is expressed on paper and in job ads, but is largely ignored in the workplace. But because jobs are so few and far between, workers tolerate the oppression and suppression, just being thankful they have income. The lack of economic and vocational opportunity is the underlying justification for allowing oppression, discrimination, hardship and hatred to be the norm experienced by a large number of Arkansans.

Equal housing opportunities in Arkansas appears to be dealt with in much the same way as equal employment rights and labor relations. Housing in Arkansas is atrocious in terms of quality and quantity. Anyone visiting Arkansas can see this as fact just by looking at the disrepair of so many homes, including housing projects operated by municipalities. Then, too, the number of abandoned homes, shops and buildings along the roads—in the countryside and within municipal boundaries—illustrate the status of housing in Arkansas. Unlike so many other states, housing reforms, affordable housing starts and housing assistance are substandard. The contrasts between those that can afford decent housing and those that cannot are illustrated by a mere drive through the countryside and the towns in general. Myself, I managed to document it in a pictorial essay that points to houses built to the nines located next to abandoned mobile homes, dilapidated shacks that once served as homes, and “disasters waiting to happen” homes still occupied by families… not to mention the number of Arkansas families living quite literally in the midst of “Hillbilly havens” (junk and scrap metals) littering their lawns and backyards.

Municipal, county and state services are offered in a manner that is confusing, poorly coordinated, poorly managed and ineffective. Social services, health services and other services that are supposed to “promote the general welfare” (as required from both the US and Arkansas Constitutions) are designed and delivered in a manner that defies logic. Even getting a vehicle registered in this state seems to be infested with barriers to the process. Even the “free” and “affordable” services offered by the “Health Units” located in each county are neither free or affordable by comparable standards.

But I have not read much in the newspapers, or seen much on television news broadcasts, about work being done to change any of these realities. I see and read a lot about politicians getting their names in print or on the air, but not much is being done to genuinely address the social problems existing in the state. As an educator seeking licensure in Arkansas by way of reciprocity I have had to study the history of Arkansas, including its politics and laws. After studying much history and many state laws, it seems that this entrenched dynamics of control, manipulation and power have been the case for over 100 years. There have been a few moments in that history that have spoken to change, but none of those efforts have actually achieved any genuine change. The reason for this failure to change is that the dynamics of political power have not been the focus of such reform efforts. Every effort of reform in Arkansas has been preceded and followed by periods of political bargain hunting, corruption and manipulation that has either allowed backsliding, undoing or circumvention of all the past and present reform efforts.

Right now there are a lot of “Bible-thumping” ultraconservatives moving the political currents of Arkansas. Most of them are wearing Democrat garb, but are truly Republican in nature. These wolves in sheep’s clothing are kowtowing to the few big business interests that exist in Arkansas based on the rationale that is the bedrock of the Republican party: big business is how America works. But the reality of big business in Arkansas is that almost none of our big business is owned or operated by Arkansans. We have a lot of farms that grow wheat, soy beans, rice and cotton, but the market for these agricultural products is controlled by big businesses that have very little contact with, and very little concern for, Arkansas or our citizens. Mostly what we have in Arkansas is a lot of small to medium businesses, and most of that is connected to our agricultural base. We have some business in terms of tourism and vacations, but that is largely pocketed in places like Hot Springs or the outdoor nature and sporting sites. In any case, the success of most of our small and medium business interests is tied to bigger corporations, most of which are foreign to Arkansas and the interests of our citizens.

Education remains largely a second thought among Arkansas leaders, despite the recent and historical legal issues that have overwhelmingly been attached to these matters. School performance and student achievement are still measured according to metrics that are largely outdated, inappropriate and lack a national and international comparison or focus. Obtaining a teaching credential is a tedious chore and is wrought with obstacles and delays. Obtaining a teaching position is equally tedious and arduous. The salaries for teachers are higher than most jobs available in Arkansas, but are way behind in terms of parity with the vast majority of states, especially those on the east and west coasts. The capacity of a teacher to educate is stringently limited by the antiquated and oppressive policies and practices of school boards that are more concerned with control, authority, manipulation and power than they are of educating our children to be informed, able to critically examine issues and competitive in the larger context of our nation and the global realities of the workplace.

If a high-paying job were to be available, candidates from Arkansas schools would have little chance of competing based on their education alone. Unfortunately, from a precursory perspective, the same can be said for many graduates of Arkansas colleges and universities. Even more unfortunate is that the faculty of our schools and institutions of higher education are held at bay when trying to assert and effect change. While this is true in practically every US school district to some extent, the reality of these dynamics in Arkansas are as oppressive as the humidity and heat of middle August.

Even more concerning is the spiritual oppression in Arkansas. While there once was a spiritual basis for justice in Arkansas, especially during the peak of the Civil Rights Movement, there is now a spiritual stench and stagnation that assaults the sensibilities of anyone with a real notion of Christianity, God and Justice. While there is a church on every corner, there is very little justice, healing, loving and caring manifesting in the way things are being done in Arkansas. The laws in this state do very little to protect the consumer, especially those consumers that need the most protection: the elderly, the very young, the inexperienced, the uneducated and the poorest among us. It appears that there has been a general abandonment of the principle of community taught by Christ, St. Paul and other notables in the history of the faith.

Where are our church leaders when it comes to speaking out for justice for workers? Where is the spiritual voice for justice and fairness in regard to housing? Where are our Christian, Jewish, Muslim and other religious voices for consumer fairness? Why aren’t we standing up for our basic rights and principles—all of which are fundamentally spiritual in nature—for government in Arkansas? Where is the spiritual sense of love and caring for the poor? Where are the voices advocating for better treatment of prisoners (which is an issue that has a long history in Arkansas) and fairness in the process? Why aren’t our spiritual principles and beliefs calling for more treatment of addiction rather than incarceration (the number of people incarcerated for drug-related crimes is very high)? Where is the religiously-motivated call for loving our neighbors and offering our enemies hope and light through our example?

Landlords, shopkeepers and grocers have better protections than do consumers. A brief and cursory review of landlord-tenant laws and cases shows an overwhelming bias toward the landowner and almost a complete disregard for the rights of tenants. A tenant in Arkansas remains much like the sharecroppers that developed in the Post-Civil War Era: completely under the thumb of the landowner. If a landlord-tenant issue does make it to court, there is little hope for any tenant issues prevailing. Of course, the laws governing the sale and transfer of real property are also oppressive, confusing and significantly biased in favor of big business groups like the realtors, the banks and the tax man. Although Arkansas land is cheap by comparison to most of the US, the rules and laws here make it difficult to process a land transaction unless there is a lawyer, a realtor, a bank and the tax man getting their piece of the action. Quite frankly, it would be simpler if the mafia were making the rules for land ownership and purchases.

Health inspections of food service establishments are lacking, if not in actual inspection, definitively in effectiveness. I have yet to eat at a restaurant in Arkansas that has not had three or four obvious health and sanitation problems, including at several Sonic drive-ins. I have seen flies in kitchens, food service steam tables that were not sufficiently hot or cold, bathrooms that were not clean (and no reminders for employees to wash after use) or in good repair, and cross-contamination of raw, partially cooked and cooked foods at buffet tables and in kitchens. One might think I am talking about roadside restaurants operated in a “mom and pop” manner, but I am discussing chains like Burger King, KFC, Sizzler, Sonic, etc., as well as the “mom and pop” operations. But since there is little enforcement, these folks can operate in any manner they desire, risking the health—and possibly the lives—of Arkansans and our visitors.

Our libraries are xenophobic, provincial, exclusive and poorly supplied… and most are mismanaged. Our access to the Internet and digital information resources are so far behind the times that nations like India can be used to compare Arkansas’s ability to bring the Internet into rural areas. My own experience in Bahrain and Saudi Arabia suggests that those two nations—both controlled by control-focused ruling families rather than a democratic government—are significantly ahead of Arkansas in terms of the “information superhighway.”

On the bright side of things, Arkansas has, and has always had, great potential. There are significant natural resources throughout the state. Nature conservancy is a priority for many Arkansans. The tourism industry of Arkansas has primarily focused on camping, nature, hunting and fishing. The topography and geography of the state is significantly varied, having five major topographical regions. There are numerous waterways and water resources. There is enough flatland and sunny days that we could be generating solar energy in quantities that could be exported and shared (at a profit).

We could develop more environmentally-friendly tools for irrigation with the use of solar generation and better water reclamation. We have economic advantages over other states, including a lower cost of living standard, a lot of wide-open spaces, and readily available real estate for development. We could improve our schools and improve the attractiveness of our available labor pool as well. And none of our laws are so screwed up that we could not fix what needs to be done to make our government, economy and culture more attractive to businesses and new immigration.

But history speaks to the recognition of the potential in and for Arkansas, all of which has been touted and documented but never fulfilled. A few well-chosen families and business interests (i.e. Wal-Mart) have managed to tap the potential in Arkansas, but the ultraconservative politics and politicians have long stood in the way of progress, equality, equal access and opportunity, justice and the fulfillment of the potential in and for Arkansas. A very sad reality indeed.