Category Archives: Local Government

And…Todd Rokita Again

I’ve posted a lot about the negative consequences of bigotry for individuals and the body politic. What I haven’t focused on–at least, not sufficiently–is the moral culpability of the politicians who pander to and encourage bigotry and ignorance because they think it will help them win elections.

Which brings me to Indiana’s current Attorney General, Todd Rokita.

Rokita, predictably, is one of the GOP officials currently screaming about President Biden’s vaccine mandate– elevating political identity over government’s obligation to protect  public health.

It’s part and parcel of his persona.

Some of you will remember that Rokita was a prime mover of Indiana’s Voter ID law–premised on a “voter fraud” that every single study found to be non-existent. But of course, minorities were less likely to have the required documentation–and  not-so-coincidentally, less likely to vote for Rokita.

Todd Smekens, who often comments on this blog, shared a letter with me that Rokita had sent to multiple media outlets in Indiana, “explaining” his war on the Confucius Institutes that dot campuses around the state. (I’ve previously noted how ridiculous and dishonest those attacks have been.)

This letter–replete with inaccuracies (China did not intentionally loosen the virus on the world, Valparaiso University does not have an “affiliation with the Chinese Communist Party”…) continues Rokita’s assault on Confucius Institutes and common sense, and ends with a ringing promise to protect Hoosiers from the Chinese Communist Menace. (Oh good..I’ve been so worried. Hoosiers are so susceptible…) In any event, that grandiose promise of “protection,” ridiculous as it is, falls far afield of the Indiana Attorney General’s job description.

As I’ve previously noted, Confucius Institutes exist at some 100 American colleges, including IUPUI, where I taught, although given its lack of prominence on campus, most students had probably never heard of it. The Institutes are one of a wide range of campus organizations intended to introduce students to a diverse set of global cultures.

Valparaiso University’s Confucius Institute–for some reason, a particular target of Rokita’s– was founded in 2008 and its website said it “aims at helping Northwest Indiana citizens learn about China and its people and culture and study the Chinese language, and promoting cultural, particularly music, exchange between the US and China.” Valparaiso shut the Institute down last year, citing a loss of federal funding.

It’s tempting to shrug at this posturing –after all, this is deep-red Indiana, where we’re used to  political figures making fools of themselves. But we need to realize that the character, morality and intellect of the people we place in leadership positions actually matters.

In a recent piece in the Economist, Stephen Reicher revisited the infamous Stanford Prison Experiment, and found evidence of the important role played by leadership–the researchers who shaped the experiment– in producing the shocking results that  brought the experiment to an early close. As Reicher reports, a full reading of the study archive–recently opened– “does not reveal natural brutality, as it is often depicted, but how brutality is mobilized by others.”

At the moment, Americans are in the middle of a different leadership experiment, this one focused on a deadly pathogen. “Leaders” like DeSantis and Abbott and Rokita are actively encouraging behaviors that are equally toxic–behaviors that pose a threat to public health and are directly responsible for hundreds if not thousands of deaths. That encouragement is clearly intended to enhance their standing in the ranks of the “freedom fighters” who control today’s GOP. (Rokita fought efforts by IU to ensure that students coming back to campus were vaccinated; he lost in court.)

Rokita’s “letter” (really a press release) was clearly intended to endear him to his natural constituency– to the sort of voter who would be receptive to his misinformation (pretty much the horse de-wormer crowd).

As I noted when he first initiated these attacks against China, communism and American universities, it really doesn’t matter whether Rokita is as loony and smarmy as he seems (a la Marjorie Taylor Greene et al), or just pursuing what he considers to be a savvy strategy of appealing to uninformed and loony voters. He’s a prime example of everything that’s wrong with contemporary American politics.

Our ability to get government functioning properly again–our ability to ensure that the various leaders of state agencies are doing the jobs they are supposed to be doing rather than chasing media mentions and the votes of the credulous and uninformed– requires ridding ourselves of elected officials like Rokita.

In Rokita’s case, I actually know several Republicans who agree….

Comments

Drawing Lines

Ah, gerrymandering…..

As delayed census information has finally become available, we are witnessing the every-ten-year effort by politicians to redistrict in ways that will favor their parties. Both parties engage in these efforts–but credit where credit is due, Republicans are far better at it. Ten years ago, the GOP’s “Redmap” effort–detailed in the book Rat***ked–-succeeded in delivering far more power to the party than their voters would otherwise have entitled them to.

Gerrymandering–where legislators choose their voters rather than the other way around–has been an American “tradition” since the days of Elbridge Gerry, but with the advent of computers, it has become increasingly precise. I have posted repeatedly about the negative, nefarious consequences of the practice; and I have published academic articles elaborating the damage to democratic governance. None of those articles broke new ground–the negative outcomes of the practice are widely recognized.

Here in very red Indiana, our current legislature–dominated by a Republican super-majority courtesy of gerrymandering–is once again planning to ignore broad grass-roots efforts to ensure that the lines being drawn respect “communities of interest.” In Indiana, that would mean ending the legislature’s decades-old war on urban Hoosier voters.

Even the Indianapolis Star has reported on that war.

The Star looked at the way Indiana’s gerrymandering disproportionately favors rural residents, effectively disenfranchising Blacks living in urban areas of the state.

Oliver, who is Black, lives in a diverse area on Indianapolis’ east side within Senate District 28. But she’s represented by Sen. Michael Crider, who lives in the rural Greenfield area in Hancock County. His community little resembles Oliver’s neighborhood, where nearly half the residents are people of color. Crider, like every Republican Senator and all but one GOP House member in the Statehouse, is white.

The district, in fact, is largely rural land from Fortville to Shelbyville, but jets in finger-like deep into Indianapolis’s east side all the way to the Irvington area. Indy residents note the voting power of their largely Democratic-leaning area is diluted by the rest of the majority rural Republican-leaning district.

One Irvington resident described it in a public redistricting hearing as a “middle finger slipping into the city of Indianapolis.”

It isn’t just Black people who are being disenfranchised–it’s all residents of urban Indiana. And that disenfranchisement has very practical consequences. There is, to take just one example, a connection between gerrymandering and the thousands of potholes residents of Indianapolis dodge every spring.

A majority of Indiana residents live in the state’s metropolitan areas–in cities. But as the Star article noted, thanks to the way our gerrymandered districts are drawn, a majority of policymakers in the Statehouse represent predominantly rural areas. That leads to state distribution formulas that significantly favor rural areas over urban ones.

My husband spent six years as Indianapolis’ Director of Metropolitan Development. His experience with the state’s fiscal favoritism for rural areas angered him when he dealt with it then, and it has continued to be an abiding irritation. But as often as he has fulminated about the unfairness of those distributions, it took me several years to recognize the connection between state distribution formulas and gerrymandering.

When the legislature allocates money for the state’s streets and roads, it is far more generous to the thinly populated rural areas of the state  than to the cities where the majority of Indiana’s citizens live. And that won’t change so long as the state’s districts are drawn to keep the GOP in control–because GOP voters live predominantly in the rural areas of the state, not the cities, which increasingly vote Democratic.

Even a cursory examination of Indiana’s House and Senate districts as currently drawn  illustrates the degree to which urban Hoosiers are unrepresented, the degree to which urban areas have been “carved up” and their “carved up” portions married to larger rural areas in a purposeful effort to dilute the voices and votes of city-dwellers.

So yes–it’s important to reform gerrymandering in order to reclaim “one person, one vote,” and to reverse the damage being done to the country every day by legislators who are far more responsive to rabid rural culture warriors than to the majority of American voters.  But if that goal seems too abstract– if the connection between a “gamed” and dishonest redistricting process and everyday life seems vague–think about the connection between fair and equal representation and those distribution formulas the next time you hit one of Indy’s ubiquitous potholes and bend a rim or flatten a tire.

Think about it again when our public schools are once again shortchanged.

Then tell your state Representative or Senator that you will work tirelessly to defeat any legislator who supports yet another Hoosier gerrymander.

Comments

Highways And Critical Race Theory

Opponents of (a dramatically-mischaracterized) Critical Race Theory are essentially arguing against the recognition of just how deeply racism has affected American law and culture. They argue–and some undoubtedly believe–that civil rights laws created a level playing field, and that it’s now up to minority folks to stop complaining and make use of their equal opportunities.

The problem with that belief–even if we leave aside the sociological effects of two hundred  plus years of history–is that it is wrong.

As a society, we are just beginning to appreciate the extent to which racial animus has been baked into our laws and customs. (I was shocked to read The Color of the Law, for example, which documented how deeply the federal government was implicated in redlining and the segregation of America.) Only because I was involved in an effort to modify plans for rebuilding Indiana’s interstates within Indianapolis’ downtown did I become aware of the degree to which the original placement of those highways was the result of racist motives and assumptions.

Fifty-plus years ago, when the interstate system was built, entire neighborhoods were razed to make room for them. Homes, businesses, and urban amenities were destroyed, and the highways  became barriers between neighborhoods, cutting people off from job opportunities and retail options.

Subsequent environmental studies have shown that air pollution from highways negatively impacts student outcomes in nearby schools.

All of these negative impacts fell most heavily on Black neighborhoods and businesses, and that was definitely not accidental. As an architect recently wrote in The Washington Post about North Claiborne Street, formerly a bustling corridor in New Orleans:

There were many masters on North Claiborne, and Black New Orleanians were the beneficiaries of their talents. There were doctors, lawyers, retailers, insurance agents, teachers, musicians, restaurateurs and other small-business owners. The avenue stretched across the Tremé and 7th Ward neighborhoods, and in the Jim Crow era, it served as the social and financial center of the Black community.

The government tore up the avenue nearly 60 years ago, burying the heart of Tremé and the 7th Ward so the Claiborne Expressway, part of Interstate 10’s transcontinental span, could run through the city. New Orleans wasn’t alone. The same kind of thing happened across the country; Black communities like those in St. Paul, Minn., Orlando, Detroit, Richmond, Baltimore, Oakland, Calif., and Syracuse, N.Y., were leveled or hollowed out to make way for federal highway building. The Biden administration hopes to use the massive infrastructure bill now working its way through Congress to help remedy the harm done by these hideous scars, to “reconnect neighborhoods cut off by historic investments,” in President Biden’s words. It’s not clear how much of the trillion dollars that lawmakers are contemplating will actually make it to places like North Claiborne. But those places aren’t just abstract line items in a budget resolution to people like me; they’re lived realities — vivid examples of how racist planning destroyed communities of color in America.

Our aging infrastructure now requires repair and replacement, and a number of cities have recognized the harms done by those original siting decisions, They have also recognized   how racist assumptions–and all too often, conscious racial animus–prompted those decisions, and have moved to ameliorate them. (Indiana’s DOT, it will not surprise you to learn, has thus far resisted similar efforts to fundamentally redesign those highways and reconnect neighborhoods.)

There are numerous reasons to rethink the country’s interstates, and most of those reasons have nothing to do with race. City centers have changed, historic districts have proliferated, we know more about the negative effects of highway pollution, etc. But we also shouldn’t forget why so many of those highways were built where they were.

As the author of the Post essay concluded:

I do not understand why we can’t look at these infrastructure relics the way we look at monuments to white supremacy, such as statues of Confederate heroes and obelisks apotheosizing the Lost Cause. The statues are hurtful reminders of the times when Black people and Native Americans were seen as commodities or nuisances that needed removal. But urban highways are more than a reminder; they continuously inflict economic, social and environmental pain on neighborhoods like mine. Like other monuments to racism, they must be removed. The nation has a chance to support the rebuilding of disenfranchised and fractured communities and make them whole. It won’t be easy, but I hope we will seize the moment.

We don’t look at highways as monuments to White Supremacy, because we don’t know–and haven’t learned–how White Supremacy influenced–determined– their placement. It’s just one more aspect of our current society whose origins we prefer not to understand.

Comments

The Journalism We Need

Yesterday”s post was about the conundrum posed by social media sites. But social media isn’t journalism–and even when it focuses on news items, it is no substitute for journalism.

The First Amendment protects freedom of the press for obvious reasons. When citizens are uninformed about their government, they are unable to ensure that it is acting appropriately, meeting its responsibilities. They are unable to cast informed votes.

The Internet and social media have dramatically changed the way in which citizens get their information, and we are still struggling to come to terms with the avalanche of news, spin, propaganda and conspiracy theories that populate today’s media. The ability to “choose one’s news”—to indulge our very human confirmation bias—has had an enormous (and I would argue negative) effect upon American governance.

An article from Resilience–an aggregator website–is instructive.The author was bemoaning, as so many of us do, the disappearance of the “journalism of verification.”

Our modern culture tells us that we have more information today than anyone in history, because of the internet – but that assumes that data that could theoretically appear on a screen has the same value as words read from paper. In truth, few web sites will cover the library board meeting or the public works department, and if they do they are likely to be a blog by a single unpaid individual. Yet these ordinary entities shape our children’s minds and our present health, and as such are infinitely more important than any celebrity gossip — possibly more important than presidential campaigns.

Even if a blogger were to cover the library board or water board, no editors would exist to review the material for quality or readability, and the writer would be under no social, financial or legal pressure to be accurate or professional, or to publish consistently, or to pass on their duties to another once they resign.

One of the most daunting challenges of contemporary governance–really, of contemporary life–is the pervasiveness of distrust. Americans no longer know who or what to believe, are no longer able to separate fact from opinion, and no longer feel confident that they can know the agendas and evaluate the performance of their social and political institutions.

We live in an era when spin has become propaganda, and reputable sources of information  compete with “click bait” designed to appeal to pre-existing prejudices. Partisans of all sorts play on well-known human frailties like confirmation bias. The result is that Americans increasingly occupy different realities, making communication–let alone rational problem-solving, negotiation and compromise–virtually impossible.

The problem is most acute at the local level.

What we lose when we lose newspapers that practiced the journalism of verification is our ability to engage in responsible self-government. Civic engagement and especially local governance suffer when local media fails to adequately cover government, and there is emerging research that bears that out. Studies of cities that have lost their newspapers confirm that the loss is followed by diminished civic and political activity. It also leads to higher costs of borrowing, because those who purchase the bonds issued by a city with no news coverage factor in the greater risk of malfeasance or incompetence when there is no “watchdog” around.

Those studies of places that have entirely lost their newspapers are now being supplemented by research into the consequences of the sort of situation we have here in Indianapolis. It’s a situation that is increasingly common–cities where a newspaper continues to publish, but no longer has sufficient staff to cover the affairs of government. A study from earlier this year, titled “Political Consequences of the Endangered Local Watchdog: Newspaper Decline and Mayoral Elections in the United States,” has sobering conclusions.

Emerging data shows that cities served by newspapers with relatively sharp declines in newsroom staffing have significantly reduced political competition in mayoral races, as well as lower voter turnout. Newspaper closures have been linked to increased partisanship–presumably because the remaining sources of local information tend to be from partisan sources and Facebook/Twitter “bubbles,” while national media focuses on America’s political polarization.

Newsrooms around the country have dramatically reduced their editorial staffs, and typically, higher-paid reporters with the most institutional memory have been the first to go.

When I taught my class in Media and Public Affairs five or six years ago, I used a textbook titled “Will the Last Reporter Please Turn Out the Lights?” Those lights are pretty dim right now–and as the Washington Post banner puts it– democracy dies in darkness.

Comments

Incentivizing Appropriate Police Behavior

Many years ago, I spent three years heading up Indianapolis’ legal department. It was–among other things–my introduction to the way municipalities defended against (and far more often, settled) claims of police misconduct and/or brutality. I’d venture to say that very few taxpayers have any idea how costly those claims can be.

A recent post to Lawfare considered not only the dollars, but the sense.

On March 12, the City of Minneapolis agreed to pay George Floyd’s family $27 million for his wrongful death via the knee of a police officer. Despite being the largest pretrial civil rights settlement, it is only a fraction of the taxpayer money spent on settling police brutality. From 2015 to 2019, more than $2 billion, mostly taxpayer money, was used on civilian payouts for police misconduct in only the 20 largest police departments.

As the article points out, the way in which we currently address payouts for police misconduct operates to absolve officers from any financial culpability, no matter how egregious the behavior that triggered the settlement. This is mostly due to qualified immunity, which I have discussed previously. Qualified immunity is a court-invented doctrine that was originally intended to protect officers when they were acting in good faith, but actually ends up allowing police officers to escape civil liability for virtually any behavior, good faith or not.

While qualified immunity often shields government officials broadly from personal liability, it is particularly used with law enforcement. And though it is applicable only to civil proceedings, prosecutors, defense attorneys, judges and even jurors are often swayed during grand juries and criminal proceedings by the protection of qualified immunity.

Depending on the state, officers accused of misconduct might even keep their police pension and even be able to sue the municipality for back pay if they are fired and then found criminally not guilty. The money for civilian payouts for police misconduct does not come from police department budgets. Rather, civilian payouts overwhelmingly come from general funds, though some come from bonds and even insurance policies, particularly in smaller areas.

Between expansive doctrines like qualified immunity and a widespread social willingness to accord police officers–who have an admittedly difficult and dangerous job–the benefit of any doubt, holding an officer personally responsible for misconduct is an exceedingly rare event.

The Lawfare article suggests structural changes that would begin to redress the current imbalance. A number of legal scholars recommend abolishing qualified immunity, and there are other changes that would provide incentives for better monitoring of officer behaviors (and arguably, better training protocols) by police departments. They include moving payouts from city budgets to police department insurance policies and having individual officers carry liability insurance.

The costs of the current system are considerable, and it would be a mistake to shrug off the Chauvin settlement as an anomaly.

Besides the settlement for Floyd’s death, a series of notable civil settlements for police misconduct include $38 million in Baltimore County, Maryland, for the wrongful death of Korryn Gaines and the accidental shooting of her four-year-old son, Kodi; $20 million in Prince George’s County, Maryland, for the wrongful death of William Green; $12 million for the wrongful death of Breonna Taylor of Louisville, Kentucky; and $6 million in Cleveland, Ohio, for the wrongful death of 12-year old Tamir Rice, who was killed while playing with a toy gun in a park. All the people mentioned above are Black. These cases are not cherry-picked but, rather, are part of a much larger systemic problem in policing and municipal government. Black people are roughly 2.5 times as likely as whites to be killed by police. Blacks are 3.5 times more likely to be killed by police when they are not attacking or do not have a weapon relative to whites, like Floyd, Green and Rice. Black women are disproportionately more likely to be killed in their homes by police, like Taylor and Gaines.

There are also many incidents that do not end in death but will probably result in civilian payouts for police misconduct. Some of the most recent incidents include a five-year-old who was arrested and yelled at by police after leaving school in Montgomery County, Maryland, as well as Marion Humphrey Jr., a 32-year-old law student who was detained for more than two hours as state troopers in Arkansas searched his U-Haul. Humphrey, the son of a retired judge, has already sued the Arkansas State Police.

Reforming the way these settlements are funded would not only incentivize improved training, oversight and behavior, it would save taxpayer dollars that could be put to far more productive use.

Comments