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Prosecutors cite ethics rules to Hill in abortion lawsuit

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Olivia Covington for www.theindianalawyer.com

Three Indiana prosecutors are renewing their calls for Indiana Attorney General Curtis Hill to concede on their behalf the merits of lawsuit that blocked a 2018 abortion law and told the AG’s staff in an email that Hill is obligated under the Indiana Rules of Professional Conduct to follow their directive as his clients. Hill, however, maintains he is authorized to defend the statute on behalf of his “ultimate client:” the people of Indiana.

Planned Parenthood of Indiana and Kentucky sued the commissioner of the Indiana State Department of Health, the members of the Indiana Medical Licensing Board and the prosecutors of Marion, Lake and Monroe Counties in April after Gov. Eric Holcomb signed Senate Enrolled Act 340 into law the previous month. SEA 340 required abortion providers to report all “abortion complications” and to submit to annual inspections. A judge issued an injunction enjoining the law from taking effect, but Hill filed an answer a day later in which the prosecutors are named despite their objections.

Marion County Prosecutor Terry Curry again asked Hill’s office to admit the allegations of the complaint on behalf of him, Lake County Prosecutor Bernard Carter and Monroe County Prosecutor Chris Gaal. In an email sent Thursday to Aaron Negangard, Hill’s chief deputy, Curry said the prosecutors asked Hill’s office May 2 to admit the allegations on their behalf and file an amended answer that admits the allegations of the complaint on behalf of the prosecutors.

“In response on May 3, you sent a copy of the Attorney General’s press release which stated in part: ‘While prosecutors Curry, Gaal and Carter share the opinion that this case should not be defended, they also share no authority to make that call,’” Curry wrote in the email, which was provided to Indiana Lawyer.

“… Contrary to the AG’s release, we did not state that the ‘case should not be defended,’” Curry continued. “We fully expected that the AG would defend the constitutionality of the abortion-related bill on behalf of the other state defendants.

“By statute, the AG is our attorney in such civil actions. We are the client of the AG as named defendants,” he said. “Pursuant to Rule 1.2(a) and Comment (1) of the Indiana Rules of Professional Conduct, an attorney must abide by the client’s ‘ultimate authority’ to decide the objectives of the attorney’s representation.”

But in a statement to Indiana Lawyer, Hill held his ground.

“The Attorney General is authorized to defend state statutes in court as he works on behalf of his ultimate client, the people of Indiana,” Hill’s office wrote in an email to IL. “Prosecutors cannot unilaterally veto legislation passed by the General Assembly.

“If these prosecutors choose not to enforce the statute, they are accountable to their voters,” he said.

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According to the complaint, which the ACLU of Indiana filed on behalf of PPINK, SEA 340 violated constitutional protections under the 14th Amendment’s Due Process and Equal Protection clauses. That’s because the “abortion complications” reporting requirements was vague and the annual inspection requirement was not imposed on other medical facilities, PPINK said.

Shortly after the complaint was filed in the U.S. District Court for the Southern District of Indiana, Curry, Carter and Gaal — all Democrats — released a statement saying they had directed Hill, a Republican, to concede the merits of the case on their behalf. The three prosecutors are named as defendants in the suit because PPINK operates abortion clinics in their counties.

“We are tired of being drawn into the annual act of legislative futility to pass abortion-related bills, which inevitably results in lawsuits at taxpayer expense,” Curry said in May, referencing the fact that every abortion-related bill passed in Indiana since 2016 has been struck down by federal courts.  Curry also said in May that Indiana had paid nearly $300,000 in legal fees to the ACLU of Indiana after courts struck state abortion legislation as unconstitutional.

“When we took office, we swore a duty to uphold both the federal and state constitutions, and this law appears just as unconstitutional as the last few attempts to impose such restrictions,” Carter said in May.

Hill immediately hit back, claiming the three prosecutors “share no authority” to make the decision not to defend the state against the lawsuit. “Mr. Curry’s ‘directive’ to me to concede the constitutionality of an Indiana statute has zero force or effect,” Hill said at the time.

Southern District of Indiana Judge Richard L. Young granted PPINK’s motion for a preliminary injunction against SEA 340 – which was scheduled to take effect on July 1 – on June 28, and the next day the AG’s office filed an answer to complaint that denied the allegations against the bill. The answer was filed on behalf of all of the named defendants, including the three prosecutors.

Online court records show little substantive action has been taken in the case of Planned Parenthood of Indiana and Kentucky, Inc. v. Commissioner, Indiana State Department of Health, et al., 1:18-cv-01219, since the state filed its answer on June 29. A pretrial phone conference has been scheduled for Aug. 31 before Magistrate Judge Doris L. Pryor.

In a separate case, Hill has come under fire from Indiana Secretary of State Connie Lawson for his intervention in the Marion County early voting case. Hill is seeking to appeal a consent decree entered by parties in that case while Lawson, whose office is charged by law with overseeing elections, has asked Hill to withdraw. He said he would not.

The embattled Hill has been asked to resign by Gov. Eric Holcomb and Democratic and Republican leaders over allegations he groped a lawmaker and legislative aides. Hill has denied the allegations.

Ellis Park Debutante: Bivian B just hitting the board would be bonus

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For trainer John Hancock, his 2-year-old filly Bivian B has done her job just being in the starting gate for Sunday’s $75,000 Ellis Park Debutante. Hitting the board or winning would be an unbelievable bonus.
Mind you, Hancock believes the filly — co-owned by his wife, Donna, and Lexington’s Gatewood Bell and named after the trainer’s mom, who died last year — is good enough to win the seven-eighths of a mile stakes, Sunday’s co-feature with the Ellis Park Juvenile. In her only start, the $10,000 yearling purchase prevailed by 5 3/4 lengths to create a large and emotional winner’s circle throng at Ellis Park, where Hancock is the third generation in his Henderson-based family to train.
“It would be great to win it here at home,” he said Friday morning while watching Bivian B gallop under exercise rider Savannah Goebel. “But just to be on the board here at home … to think that I was a big fan of bringing the stakes back, and the way the horses who ran in it have gone on and developed to make really nice 2-year-old fillies and 3-year-old fillies. It’s a big deal. It doesn’t make any difference if we hit the board or not — we’re a part of it. You can’t be a part of it if you don’t walk over.
“It’s unfortunate that Gatewood has business in France and can’t be here, but pretty much all of my family is coming. One, because she’s in a stakes. But second because she’s named after my mom. Everybody has kind of been with her and backed her from the get-go. She’s got her own little fan club. The whole family is really excited about it, because it keeps us tied to my mom.”
Both stakes appear to be wide open, with the Tom Amoss-trained Serengeti Empress the 3-1 favorite off finishing a well-beaten fourth in Saratoga’s Grade 3 Schuylerville, with the jockey that day dropping the whip at the quarter pole. There must be something about lost whips at the Spa, because the Steve Asmussen-trained Whiskey Echo is the 9-5 favorite in the Juvenile after coming in a respectable third in Saratoga’s Grade 3 Sanford, with that jock also parting ways with his stick late in the race.
Whiskey Echo has done the most in the Juvenile field but breaks from the extreme outside in the field of 11 colts and geldings. While there’s a long run into the turn, there’s also the possibility in a large field that Whiskey Echo will either have to be asked for too much speed early or risk being sucked too far back or hung out wide on the turn. But no rider is hotter than Shaun Bridgmohan, who has vaulted to a two-win lead, 21-19, over apprentice jockey Edgar Morales heading into Friday’s racing. Bridgmohan has a shot to win his fourth stakes of the meet.
Hancock is sticking with Morales for the Debutante, though Bivian B won’t benefit from the jockey’s five-pound apprentice allowance because it is a stakes.
“I had phone calls, and I could have brought a rider in to ride her, an older rider,” Hancock said. “But the young man, I believe in him. We’ve had a good summer and he knows her. My grandpa always told me, ‘If it’s not broke, don’t fix it.’”
Morales this week earned his first stakes victory, guiding The Money Dance to victory in Wednesday’s $150,000 Governor’s Stakes for Indiana-bred 3-year-olds at Indiana Grand.
“I know the filly,” Morales said. “John is a really nice guy and gave me the chance. It showed a lot of loyalty. I think she has a big chance, that the distance will help her. It’s big to win a stakes. Let’s see if we can win another one here.”
Hancock loves Bivian B’s No. 7 post.
 “I like being right in the middle,” he said. “Especially since there seems to be some early speed on the inside and a little bit of speed on the far outside. It gives her an opportunity to get away clean and take back and drop over. It will give the bug boy a chance to see what develops in front of him. Then at the same time, if something falls apart and nobody goes, she’s got enough speed that she can go on about her way.
“She’s really come back sharp from her last race; I mean, really sharp. She won but she just kind of went through the motions. She didn’t come up with that really hard kick down the lane like I thought she would. She had to struggle the last part to get in front, but she galloped out well. I think going seven-eighths of a mile, she’ll get a chance to level off and we’ll find out where she fits.”
A victory would be Hancock’s first in a stakes dating to when he began training in 1981, according to Equibase statistics. That’s with few opportunities as the best horses he develops usually are sold.
Bivian B was broken to a saddle last fall right at Ellis Park by Hancock’s exercise riders.
“The first racetrack she ever stepped a foot on was Ellis Park,” Hancock said. “She was so smart, she had the attitude. Then once she started (training), she just caught on so fast. When I kept watching her, it was a no-brainer: Bivian B, that was her name. I remember calling Gatewood in February and said, ‘We’ve got a runner.’ And she is. But the bottom line is this: She doesn’t have to ever do anything else. She’s done what she was bought to do and she did what she had to do for us.”
Amoss remains bullish on Serengeti Empress
Serengeti Empress lived up to Tom Amoss’ expectations in winning her July 4 debut by 5 1/2 lengths at Indiana Grand, where the trainer has a substantial division. Amoss expected owner Joel Politi’s $70,000 yearling purchase to turn in another big effort in Saratoga’s Grade 3 Schuylerville 16 days later.
Serengeti Empress was in the thick of things when Javier Castellano dropped his whip.
“She’s a horse we’ve always liked, and she didn’t disappoint us when she broke her maiden,” Amoss said from Saratoga. “When she came to Saratoga, the rider dropped the stick right before they turned for home. I guess he figured that was going to be it, because she really wasn’t ridden after that, which is puzzling, to say the least. But she’s come back to train well and we’re looking to make amends. This is a very nice filly. We had a lot of confidence even coming into here. It just didn’t go our way… So rather than stay up here, we said, ‘OK, forget it. We’re just going to regroup.’”
Corey Lanerie, the two-time defending Ellis riding champion and four-time titlist here overall, picks up the mount.
Thomas, Bradley get another crack at Debutante with Somewhere
A year owner Chester Thomas of Madisonville and trainer Buff Bradley finished second in Churchill Downs’ Debutante with a maiden, Upset Brewing, who subsequently won an Ellis Park maiden race by almost 10 lengths. Expectations were high going into the Ellis Park Debutante, with Upset Brewing second by a length as the favorite behind 11-1 winner Kelly’s Humor.
Upset Brewing has proven a useful horse while still seeking that second win, albeit with seven seconds in 14 starts, including three stakes. But now Thomas and Bradley are back in the Ellis Park Debutante with Somewhere, a 5 3/4-length maiden winner at Churchill Downs in her second start. And while they believe Somewhere is better than Upset Brewing, they are keeping expectations muted.
“We’ll find out Sunday,” Thomas said of Somewhere. “She’s well-bred and she’s doing everything right. We’ve got a lot of hope for her. Of course it’s a horse race, and as you leave the first-time winners, then you step up and it keeps getting deeper. But so far so good. Upset Brewing, she’s a nice filly and hard-knocker. She’s come this close to being a stakes-winner, but she seems to always hook a bear.
“Somewhere hasn’t run against winners yet, but we think she’ll like the distance. We’re improving. We all like to win, but this is a tough game.”
Bradley said Somewhere “did in her second start what we expected out of her in her first start. But when she didn’t break well, she kind of took off and used herself in the middle part of the race and got tired coming down the lane.
“But coming back in her second start, she was very professional and drew away at the top of the stretch. It was nice to see that she’d matured that much. We have wanted to stretch her out, and we would have stretched her out even farther if the opportunity had come about. But the Debutante, we picked that out as soon as she won.”
A good effort could earn Somewhere a shot at Churchill Downs’ Grade 2, 1 1/16-mile Pocahontas, whose winner gets an entry fees-paid berth in the Breeders’ Cup Juvenile Fillies Nov. 2 in Louisville. Bradley acknowledges the Juvenile Fillies at his hometown track is in the back of their minds.
“We’ve worked with her quite a bit because eventually we’d like to stretch her out to two turns,” he said. “The seven-eighths is good. The whole thing we’ve been working on is getting her to relax early. Sometimes she wants to do a little too much early, but we’ve been doing that with her training.
“Compared to that filly last year, this filly has quite a bit more talent, I believe. I can say that because it’s the same owner. The other filly is a very nice filly and runs her race every time. But this filly has more upside to her at this point.”
Ellis Park Debutante
Purse: $75,000. Distance: 7 furlongs. Division: 2-year-old fillies
Post time: Sunday at 4:10 p.m. CT (eighth race)        odds
PP horse (weight)           jockey/trainer
  1. Lucky Girasol (118)       Esquilin/Gorostieta      30-1
  2. Spice It Up (120)         Hill/Catalano           12-1
  3. Kristizar (120)            McMahon/Asmussen    12-1
  4. Profound Legacy (122)     Hernandez/Wilkes        5-1
  5. Wakeeta (120)           Perez/Gorham          20-1
  6. Somewhere (120)         Albarado/Bradley        9-2
  7. Bivian B (120)            Morales/Hancock        8-1
  8. La Coyota (120)          Camacho/Gonzalez      30-1
  9. Serengeti Empress (120)   Lanerie/Amoss           3-1
  10. Include Edition (120)      Graham/V. Foley         10-1
  11. Shanghai Rain (120)       Saez/Calhoun            4-1
Ellis Park Juvenile
Purse: $75,000. Distance: 7 furlongs. Division: 2-year-olds
Post time: Sunday at 4:40 p.m. CT (ninth race)
PP horse (weight)            jockey/trainer           odds
  1. Pradar (120)            Gilligan/Yanakov         20-1
  2. Lady’s Weekend (120)     Rocco/Demeritte         15-1
  3. SS Trooper (120)         Castanon/Johnson        20-1
  4. Manny Wah (120)         Hill/Catalano              5-1
  5. Giant Act (120)           Camacho/Helmbrecht     30-1
  6. Veritas (120)             Pedroza/Wohlers         15-1
  7. Shanghaied Roo (120)     Saez/Calhoun             8-1
8.  Overanalyzer (120)        Ulloa/Elliott               8-1
9.  Tobacco Road (120)      Lanerie/Asmussen         9-2
10. Mine Inspector (120)      Graham/V. Foley           8-1
11. Whiskey Echo (120)       Bridgmohan/Asmu

HOT JOBS IN EVANSVILLE

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VCSO and USI Partnership announcement

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WHO: USI President Ronald Rochon, USI Vice President for Finance and Administration Steve Bridges, USI Public Safety Director Steve Bequette, Vanderburgh County Sheriff Dave Wedding, and other members of USI Public Safety and the Vanderburgh County Sheriff’s Office.

WHAT: Public announcement of agreement and start of work of full-time Vanderburgh County sheriff’s deputies on the University of Southern Indiana campus.

WHEN: 10 a.m. Tuesday, August 21, 2018. Anticipated time 30 minutes or less.

WHERE: The University of Southern Indiana Rice Library Book Drop and Loading Dock area located on the south side of the library. A map of campus that includes the Rice Library can be found at USI.edu/map. Parking for media will be available in this same area, adjacent to the library off University Boulevard

UE men’s basketball adds two transfers

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Aces add Sam Cunliffe and Artur Labinowicz

University of Evansville head men’s basketball coach Walter McCarty continues to build for the future and took a big step in that direction with the addition of transfers Sam Cunliffe and Artur Labinowicz.

Cunliffe comes to Evansville from the University of Kansas while Labinowicz spent his first two collegiate seasons at Coastal Carolina.

“It is very exciting to add two guys that bring a variety of skills such as shooting and athleticism to our program,” McCarty said.  “They each will have a year to learn our system, which will pay dividends when they are eligible in 2019.”

“We are happy that Sam and Artur chose the University of Evansville to further their careers,” McCarty continued.

Sam Cunliffe was a top 50 player in the nation coming out of Rainier Beach High School in Seattle, Washington.  He was the Seattle Times Player of the Year as a senior while leading his high school squad to its fourth state championship in five seasons.  He began his career at Arizona State where he played in 10 games as a freshman while recording 9.5 points and 4.5 rebounds per game.  His top effort at ASU was a 23-point, 10-rebound game against The Citadel.

The 6-6 guard transferred to Kansas, where he was eligible to play in the second semester of the 2017-18 campaign.  Cunliffe saw time in 15 games for the Jayhawks as they made a run to the 2018 Final Four.  He played just under five minutes per game while appearing in two NCAA tournament contests.  Cunliffe will have two years of eligibility at UE.

Labinowicz joins the Purple Aces following two seasons at Coastal Carolina.  Following a solid freshman season that saw him post 6.5 points and 3.9 rebounds, he enjoyed great improvement as a sophomore, upping his productivity to 10.8 points and 4.4 caroms.

Last season, the 6-4 guard from Charlotte, N.C. set his career mark with 32 points against Georgia State while draining six 3-pointers.  He averaged 27.3 minutes per game as a sophomore.  Labinowicz began his high school career at David W. Butler High School and led his team to a 23-4 record.  He went on to play at Combine Academy averaging 24 points per game with his top outing being a 37-point game while also posting a triple-double.

 

 

Adopt A Pet

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Cloudy is a 6-year-old female dilute tortoiseshell cat. She’s friendly with other cats and should do fine in just about any home! Her adoption fee is $40 and includes her spay, microchip, vaccines, and more. Contact Vanderburgh Humane at (812) 426-2563 for adoption details!

 

Unions Brought Black Americans Into The Middle Class.

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Unions Brought Black Americans Into The Middle Class. They’re Now Being Decimated

posted in the  Guardian

Ozell Ueal and the Rev Cleophus Smith in Boston, Massachusetts on 17 July. Photograph: Scott Eisen for the Guardian

Cleophus Smith started working at the Memphis, Tennessee, sanitation department in 1967. He had no union, six children, and made the equivalent of about $8.50 per hour. Ozell Ueal started working at the same sanitation department seven years prior for roughly the same pay.

On 1 February 1968, during a violent rainstorm, two fellow sanitation workers, Echol Cole and Robert Walker, were killed when heavy rain caused barrels of heavy garbage to crush them. Their deaths catalyzed what would become one of the most important civil rights and labor rights campaigns in US history, ending 12 days after Martin Luther King Jr was assassinated.

The deaths of Cole and Walker, coupled with generally poor working conditions and inadequate pay, compelled Smith, Ueal and a host of others to join a protest led by TO Jones, a sanitation worker-turned-organizer. They armed themselves with signs bearing the familiar phrase of the civil rights struggle: “I am a man.”

Only a strike, they believed, would be economically powerful enough to force the city government to negotiate. But striking would be a risky and at times dangerous show of courage. It meant sacrificing already anemic pay for the duration of the strike; facing the wrath of the mayor, Henry Loeb, who had declared the strike illegal; and enduring violent suppression by a racist and unflinching police force.

National Guard troops stand with bayonets fixed as African American sanitation workers march wearing placards reading ‘I am a man’. Photograph:

The sanitation workers went on strike anyway. With that decision, two key African American movements that had been moving in parallel for decades became fatefully intertwined: the fight for labor rights and the fight for civil rights.

Fifty years later, Cleophus “Cleo” Smith, 76, and Ozell Ueal, 79, still remember the strike as if it were yesterday. For 65 days, they and hundreds of other black sanitation workers marched – “every day, for hours”, often while being maced, clubbed or teargassed by police – to demand safer working conditions and fairer pay. Local churches helped feed the workers and their families during the strike.

One particularly bloody day, 28 March 1968, ended with 276 arrests, 60 injuries and the death of a 16-year-old boy, Larry Payne, who came to support the strikers. King was visiting Memphis to support the strike when he was murdered on a motel balcony.

Yet they prevailed. Against all odds, the strike succeeded.

” src=”blob:https://city-countyobserver.com/3f076acf-9ab6-4de5-ad50-029af86c6c91″ alt=”image002.png” border=”0″ class=”Apple-web-attachment Singleton” style=”width: 3.9583in; height: 5.9375in;”> The Rev Cleophus Smith. Photograph: Scott Eisen for The Guardian

“I got promoted to become a truck driver,” said Ueal, then “a crew chief”.

Smith has a winsome squint and a smile that belies his sharp wit, perhaps from the 51 years of working with the sanitation workers that he still counts as co-workers half a century later. His blue pinstripe suit is pressed perfectly, with creases marking each pant pleat. Ueal, who started the same job a few years earlier and has been Smith’s buddy since the 1960s, proudly wore his “I am a man” hat.

“He wouldn’t have gotten that promotion without the strike,” Smith pointed out.

The sanitation workers also achieved unionization through AFSCME Local 1733 and, perhaps most saliently, they get time off for the same type of rainy weather that led to the deaths of Cole and Walker.

Thanks in part to the work of groups like AFSCME Local 1733 – still going strong today – many black workers are now organized in labor unions. They have better pay and fairer treatment, and, as Smith said: “We don’t have to work in the rain anymore.”

But the hard-fought gains of the black labor movement may be once again under threat.

On the last Friday of May, Donald Trump signed a series of executive orders that dealt a blow to the ability of federal employees to organize.

The first order now reduces the time to fire “poor performers and employees under suspicion of misconduct”. The second order restricts union officials to using only 25% of their work hours on official time for the union, meaning it can’t be used for lobbying Congress or representing employees who file grievances. The last order empowers all agencies to renegotiate all collective bargaining agreements, under the watchful eye of a new “Labor Relations Working Group”.

Then, on 27 June, the US supreme court ruled that public sector unions can no longer compel employees to pay union dues.

On the surface, these recent developments may seem unremarkable – and outcries from labor may just sound like public sector workers unwilling to let go of a comfortable status quo. But between them, they could represent one of the most precise injuries to the progress of people of color in history.

Working, unionized black women, according to the Economic Policy Institute, “are paid 94.9% of what their black male counterparts make”, while non-union black women make “just 91% of their counterparts”.

Another study by the Economic Policy Institute shows that “unions help raise the wages of women and black and Hispanic workers – whose wages have historically lagged behind those of white men … Black and Hispanic workers get a larger boost from unionization than their white counterparts”.

The Center for Economic and Policy Research showed that black union workers are “13.1 percentage points more likely to have employer-provided health insurance, and 15.4 percentage points more likely to have employer-sponsored retirement plans”.

And the results are more staggering for black union workers who haven’t completed high school: black union workers in this category benefit from a “wage advantage of 19.6% over their non-union peers, and are 23.4 percentage points and 25.2 percentage points more likely to have health insurance and a retirement plan, respectively”.

For many black Americans, unions have been life-changing ladders to the middle class.

The anti-union “right-to-work” doctrine has been a rallying cry of the American right wing for nearly a century. In fact, long before Trump’s executive orders (or Wisconsin governor Scott Walker’s ongoing assault on unions, which he has called an “expensive entitlement”), there was Vance Muse.

Muse is often credited with popularizing the term “right-to-work”. He epitomized big business interests in maintaining segregation during the early 20th century. Both an anti-labor hardliner and a fierce segregationist, Muse proudly told a Senate committee hearing in 1936: “I am a southerner and I am for white supremacy.”

Muse’s affinity for white supremacy influenced his ideas on organized labor. His 1944 Right-to-Work campaign in Arkansas distributed literature warning white Arkansans that “white women and white men will be forced into organizations [labor unions] with black African apes whom they will have to call ‘brother’ or lose their jobs”.

It was a simple tactic – divide and rule – that served the needs of both white supremacy and big business. By preventing unionization, Muse simultaneously enforced black subjugation and kept both black and white wages down. By the time of his death in 1950, 12 southern states had passed right-to-work laws.

Wisconsin state troopers remove a protestor from the state capitol on 10 March 2011. The state’s Republican governor, Scott Walker, is a committed foe of unions. Photograph: Darren Hauck/Reuters

In the mid-1950s, Reed Larson, leader of both the National Right to Work Committee and National Right to Work Legal Foundation, picked up where Muse left off – making anti-labor and racist ideas comfortable bedfellows. Larson was an early member of the John Birch Society, which opposed the civil rights movement and often claimed that desegregation was a communist plot.

John-Paul Ferguson, the expert in labor relations and McGill University assistant professor, says: “We’ve gotten used to thinking that there’s a meaningful difference between disparate racial impact and intent.” He argues that impact and intent are often closely linked.

“We know that attacking unions has a disparate impact on people of color in the United States,” Ferguson said flatly; right-to-work and Trump’s effort to “reform the civil service” will set back workers of color worst of all.

Brittany Adams, a black female caseworker for the state of Illinois and a member of AFSCME Local 2858, credits her family’s long history in public union jobs with propelling her into the middle class. “If there wasn’t a union, I wouldn’t be middle class. My wages would be lower and my insurance co-pays would be higher.”

In fact, the path to the middle class for many African Americans has come by way of public sector unions. Lee Saunders, president of the American Federation of State, County and Municipal Employees (AFSCME), recalled in his upbringing: “You had three ways for the majority of African American folks” in Cleveland, where Saunders grew up, “to move into the middle class”. Many blacks in the middle class were employed “at the post office, or drove the city bus, which my dad did, or worked in the steel or rubber mills”.

Those three jobs, Saunders noted, were all “organized by unions that provided African American families the ability to move up based upon having a seat at the table and being able to negotiate wages and working conditions.” The same goes for Adams; her grandfather held his position at the Chicago Public Transit Authority for 30 years, and her uncles were unionized coalminers or postal workers.

According to Saunders, efforts to curb labor have put a “bullseye on our back”. But these efforts also threaten settled law on matters of race and equality. For example, the Bradley Foundation, which has distributed $30m to 24 conservative organizations to launch legal challenges to public sector unions, also spent large sums to challenge the legality of the affirmative action and the Voting Rights Act of 1965.

During the 1990s, investigative reports by the Independent found that the Center for Individual Rights, another “non-profit public interest law organization” and challenger to public unions, enjoyed the support of the Pioneer Fund, an organization that supports “research asserting the genetic superiority of whites”.

These organizations know that enough hits to public unions can cripple the labor movement as a whole. “We [public sector unions] represent about 34.4% of the workforce,” Saunders noted. “The representation of private sector (unions) is about 6.2%. So if they take us out they have mortally wounded the labor movement, not just the public sector.”

But Cleophus Smith is spoiling for a fight regardless of the setbacks. “We are having some of the same issues that we were having in 1968 but the difference is we have the tools to fight with.” He tells people not to call him and Ozell “heroes, but workers”.

It was lobbying Congress that brought Americans an eight-hour day and the guarantee of overtime pay. Or as Adams reminds her anti-union friends: “You can thank unions for your weekend.”

It was the small contributions of middle-income workers across this country that have fueled the fight for more adequate health care, fairer pay and more. It was the tireless organizing and striking of people like Cleophus Smith and Ozell Ueal that ensured that my Jamaican grandmothers, young nurse assistants in the 1970s, could walk into SEIU 1199 in New York and get fair redress of workplace grievances. Unionized labor guaranteed their foothold in the middle class, as it did for Smith and Ueal.

Or, as Smith told me: “The reason we are taking the struggle further is that had we not taken the struggle in the first place, you wouldn’t be sitting here.”

FOOTNOTE: This article was sent to us by a loyal CCO reader.  We posted this article without bias or editing.

 

 

Otters come through in the clutch to earn doubleheader split with Normal

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The Evansville Otters managed a split of their doubleheader with the Normal CornBelters, losing the first game 7-4, but rebounding to win the second game 3-2, on Thursday night at Bosse Field in front of 1,263 fans.

Chris Iriart opened the scoring in the first game with a solo homer in the second to put Normal up 1-0.

The CornBelters tacked on another run in the third on a Santiago Chirino RBI single.

Evansville got on the board in the bottom of the third when Travis Harrison doubled home Ryan Long.

Cody Erickson got that run back and one more with a two-run double in the top of the fourth. Michael Baca then brought Erickson home with a double of his own to make the score 5-1 in favor of Normal.

The Otters stormed back with three runs to make it a one-run game in the bottom of the fourth. David Cronin brought home a run with a single and Long followed him with an RBI groundout. Harrison capped off the frame with an RBI single.

Normal pulled away with two runs in the sixth, taking a 7-4 lead. A Long throwing error brought home a run and then James Davison Jr. drove home a man with a sacrifice fly.

Jonathan De Marte came on in the seventh and induced a double play to end the game as Normal won the first game of the doubleheader 7-4.

Jack Landwehr gets the victory for the CornBelters. Landwehr went five innings allowing nine hits, four runs, two walks, while punching out two batters.

Spencer Medick is dealt the loss for the Otters, his second of the year. Medick worked five innings, giving up seven hits, six runs, while walking three and striking out three.

The Otters would battle back to win the second game of the doubleheader and force a split of the twin bill.

Normal again scored first, as in the second game Cameron Adams plated two runs with a single to get the CornBelters out in front.

Evansville tied the game with back-to-back two out RBI hits in the third. Harrison singled home a run and Jeff Gardner tripled home Harrison to tie the score at 2-2.

In his first game as an Otter, Taylor Lane singled home the go-ahead run in the sixth to push Evansville on top 3-2.

Alex Phillips came on and struck out Davison Jr. with the tying run at second to end the game and net Phillips his fourth save on the year and give Evansville the 3-2 win.

Randy Wynne earns his eighth victory of the season after throwing six innings, giving up two runs on five hits and striking out nine.

Nick Bozman is handed the loss for Normal. Bozman went 5.1 innings allowing three runs on three hits while walking eight batters.

The Otters will now hit the road to take on the Florence Freedom in a weekend series at UC Health Stadium starting tomorrow at 7:05 p.m.