Urban planning decisions can be a complicated mix of government, business and community members trying to find a balance of their unique interests. But what happens when government makes planning decisions systemically have a negative impact on low-income and minority communities? When some neighborhoods need a voice on environmental concerns, the ACLU of Wisconsin steps up to fight for their needs.
On Monday, the ACLU of Wisconsin Foundation's legal department joined the Black Health Coalition of Wisconsin (BHCW) and the Midwest Environmental Advocates (MEA) to request that the Wisconsin Public Service Commission (PSC) address the disproportionate adverse impacts of electric generating facilities on minority and low-income communities in Milwaukee (PDF). The organizations seek to ensure that the PSC address these environmental justice issues in deciding whether to retire, "mothball," or upgrade existing electric generating units.
“Environmental justice issues are raised most clearly by WE Energies’ Valley generating plant on Canal Street, in the City of Milwaukee," said Dennis Grzezinski, MEA Senior Counsel. "This plant is the utility’s oldest power plant and lacks modern air emission controls. It is located in the heart of the State’s largest majority-minority city, between the state’s largest concentration of African-American residents to the north and its largest concentration of Hispanic and Asian residents to the south. While many other old coal-fired power plants in the state are shutting down or being upgraded, the Valley plant has avoided installation of pollution controls.”
In contrast to the negative effects created by the Valley plant, WE Energies’ coal-fired generating plant in Port Washington, a community with very few non-white residents, was razed and replaced with a cleaner, natural gas fueled plant. In Oak Creek, another overwhelmingly white community, four old coal generating units were retired, construction of the second of two new units with pollution controls is nearing completion, and four other old coal generating units are continuing in operation with installation of improved air emission controls.
“The different treatment given the Valley plant raises questions of compliance with the requirements of Title VI of the Civil Rights Act and of federal environmental justice requirements," said Karyn Rotker, ACLU of Wisconsin Foundation Senior Staff Attorney. "We urge the PSC to address them.”
Dr. Patricia McManus, President and CEO of BHCW, pointed out the big picture of both environmental and public health concerns: “The adverse health impacts of air pollution, of which power plants are a major source, are well-recognized. Meanwhile, asthma, caused and exacerbated by air pollution, affects nearly 100,000 Wisconsin children under age 18; is far more common in southeastern Wisconsin; and is far more prevalent among blacks than whites. The problems are exacerbated by the fact that Milwaukee has been designated by the EPA as out of compliance with air quality standards.”
The complete comments can be found on the ACLU of Wisconsin website. Comments include an analysis of federal civil rights law, details on the energy facilities in Milwaukee, how environmental justice principles apply and media reports on the issue. The coal plant story has also gotten some media coverage from the Milwaukee Shepherd Express.
Wednesday, August 11, 2010
Tuesday, August 10, 2010
Milwaukee Ald. Donovan’s Ill-Conceived Surveillance Scheme Amateurish
According to media reports in the Milwaukee Journal Sentinel and his own press release, Milwaukee Alderman Robert Donovan has procured a recycled armored truck equipped with surveillance cameras for his crime fighting group “Operation Impact.” The Milwaukee Police Department will accept the vehicle, although they did not ask for it, according to a MPD spokesperson. The American Civil Liberties Union of Wisconsin is concerned that the Alderman appears to be offering his constituents publicity rather than the professional policing they deserve.
“South side residents face crime, poverty, and family hardships just like other city residents," said ACLU of Wisconsin Executive Director Christopher Ahmuty. "However, these conditions are no excuse for the second-rate police service the alderman is offering. The alderman’s scheme will tend to divert police resources. It will also tip off criminals who will see the armored truck parked on their block, thereby giving them a chance to move their operations.
“The Milwaukee Police Department trains its officers in proper and legal surveillance and search procedures. The alderman should leave policing decisions to police commanders. Residents don’t need amateurs to protect them. The alderman shows a disturbing willingness to put his schemes ahead of the reputation of innocent residents and professional police.”
The ACLU was quoted on this issue in the Bay View Compass, on WSAW.com, NBC's TMJ4 , and there was a story including an ACLU quote and a video on the surveillance truck on Fox 6 in Milwaukee.
“South side residents face crime, poverty, and family hardships just like other city residents," said ACLU of Wisconsin Executive Director Christopher Ahmuty. "However, these conditions are no excuse for the second-rate police service the alderman is offering. The alderman’s scheme will tend to divert police resources. It will also tip off criminals who will see the armored truck parked on their block, thereby giving them a chance to move their operations.
“The Milwaukee Police Department trains its officers in proper and legal surveillance and search procedures. The alderman should leave policing decisions to police commanders. Residents don’t need amateurs to protect them. The alderman shows a disturbing willingness to put his schemes ahead of the reputation of innocent residents and professional police.”
The ACLU was quoted on this issue in the Bay View Compass, on WSAW.com, NBC's TMJ4 , and there was a story including an ACLU quote and a video on the surveillance truck on Fox 6 in Milwaukee.
Monday, August 9, 2010
Join the ACLU of Wisconsin’s E-Action Alert Network Today!
Want to get news, action alerts and important updates on civil liberties issues sent directly to you? Join the ACLU of Wisconsin’s e-action alert network today.
By being a part of the ACLU of Wisconsin’s e-action alert network, you can be an active part in supporting individual freedom and civil rights. We will send you news and updates on the ACLU’s work in our state. You will also learn about ways you can take action by contacting your legislators or sharing action alerts with your friends on line.
Here is what you can do to become a part of our on-line community:
1. Join our mailing list on line. You can also sign up on our website at www.aclu-wi.org. You can opt-in or unsubscribe at any time.
2. Join us on Twitter and Facebook. Share civil liberties news with your friends. Find us at ACLUofWisconsin or ACLUMadison.
3. Forward this information to your contacts who share your support of civil liberties and the important work of the ACLU in Wisconsin.
Thank you again for your support. Join us on line today. We look forward to keeping in touch with you.
By being a part of the ACLU of Wisconsin’s e-action alert network, you can be an active part in supporting individual freedom and civil rights. We will send you news and updates on the ACLU’s work in our state. You will also learn about ways you can take action by contacting your legislators or sharing action alerts with your friends on line.
Here is what you can do to become a part of our on-line community:
1. Join our mailing list on line. You can also sign up on our website at www.aclu-wi.org. You can opt-in or unsubscribe at any time.
2. Join us on Twitter and Facebook. Share civil liberties news with your friends. Find us at ACLUofWisconsin or ACLUMadison.
3. Forward this information to your contacts who share your support of civil liberties and the important work of the ACLU in Wisconsin.
Thank you again for your support. Join us on line today. We look forward to keeping in touch with you.
Friday, August 6, 2010
Voting Rights: Unfinished Business on the Anniversary of the Voting Rights Act
Today is the 45th anniversary of the passage of the National Voting Rights Act of 1965. Until the height of the civil rights movement, state voting laws allowed discriminatory practices like poll taxes, “literacy” tests and grandfather clauses. Additionally Jim Crow segregation and even intimidation and violence led to the systemic disenfranchisement of African American voters.
The National Voting Rights Act helped to return voting rights to how the 15th Amendment of the Constitution read: “the right of U.S. citizens to vote shall not be denied or abridged … on account of race or color.” By trumping the state laws that had a grossly discriminatory effect of African American voter disfranchisement, the Voting Rights Act was a major step forward for the civil rights movement and taught our country that barriers to voting are unconstitutional.
But as we look back at the history of this landmark legislation, we must remember that there is unfinished business in the area of voting rights. One holdover from the days of Jim Crow laws is the idea that citizens who commit felonies should be denied their right to vote. The American public is still split on this issue and some still support the idea of taking away voting rights as a form of "civil death" as a fair part of punishment.
However it must be said that America is doing an excellent job of putting people behind bars since we have the highest incarceration rates in the world. And Wisconsin is among our country’s leaders for disproportionate imprisonment of people of color. Punitive trends started with Reagan’s War on Drugs, led to “truth in sentencing” and today politicians emphasize incarceration and harsh sentences for even non-violent drug offenses. Add in racial profiling and a systemic imbalance on how sentences are meted out in court rooms across the country and the truth is simple: we are locking up more people of color than ever before.
In Wisconsin, our state law says that people with felony convictions cannot vote until they have served time behind bars as well as completed probation and parole. Our state’s disproportionate minority incarceration means that minority voters on probation and parole in our communities are working and paying taxes but remain locked out of the voting booth.
The ACLU of Wisconsin and the Restore the Vote coalition worked hard this year to convince our state legislators that the time is now to change our state law to allow voting access for every citizen who is not incarcerated. Meanwhile state laws and court decisions across the country are moving toward making ex-felon disfranchisement a thing of the past. Wisconsin shouldn’t wait for the courts or Congress to restore the vote to those who are no longer incarcerated.
For more on this topic, check out Linda Greenhouse’s opinion piece in the New York Times from last week where she describes who goes to prison, why the racial imbalance of those who are incarcerated combined with felon disfranchisement has a discriminatory result, and how this issue has the attention of the Supreme Court and the Obama Administration. Greenhouse is a Yale Law professor, an expert on SCOTUS and a Pulitzer Prize winning writer.
For news from around the country on the work of the ACLU to secure voting rights for those who are no longer incarcerated, visit our national website.
The National Voting Rights Act helped to return voting rights to how the 15th Amendment of the Constitution read: “the right of U.S. citizens to vote shall not be denied or abridged … on account of race or color.” By trumping the state laws that had a grossly discriminatory effect of African American voter disfranchisement, the Voting Rights Act was a major step forward for the civil rights movement and taught our country that barriers to voting are unconstitutional.
But as we look back at the history of this landmark legislation, we must remember that there is unfinished business in the area of voting rights. One holdover from the days of Jim Crow laws is the idea that citizens who commit felonies should be denied their right to vote. The American public is still split on this issue and some still support the idea of taking away voting rights as a form of "civil death" as a fair part of punishment.
However it must be said that America is doing an excellent job of putting people behind bars since we have the highest incarceration rates in the world. And Wisconsin is among our country’s leaders for disproportionate imprisonment of people of color. Punitive trends started with Reagan’s War on Drugs, led to “truth in sentencing” and today politicians emphasize incarceration and harsh sentences for even non-violent drug offenses. Add in racial profiling and a systemic imbalance on how sentences are meted out in court rooms across the country and the truth is simple: we are locking up more people of color than ever before.
In Wisconsin, our state law says that people with felony convictions cannot vote until they have served time behind bars as well as completed probation and parole. Our state’s disproportionate minority incarceration means that minority voters on probation and parole in our communities are working and paying taxes but remain locked out of the voting booth.
The ACLU of Wisconsin and the Restore the Vote coalition worked hard this year to convince our state legislators that the time is now to change our state law to allow voting access for every citizen who is not incarcerated. Meanwhile state laws and court decisions across the country are moving toward making ex-felon disfranchisement a thing of the past. Wisconsin shouldn’t wait for the courts or Congress to restore the vote to those who are no longer incarcerated.
For more on this topic, check out Linda Greenhouse’s opinion piece in the New York Times from last week where she describes who goes to prison, why the racial imbalance of those who are incarcerated combined with felon disfranchisement has a discriminatory result, and how this issue has the attention of the Supreme Court and the Obama Administration. Greenhouse is a Yale Law professor, an expert on SCOTUS and a Pulitzer Prize winning writer.
For news from around the country on the work of the ACLU to secure voting rights for those who are no longer incarcerated, visit our national website.
Wednesday, July 28, 2010
Government Planning Agency Can't Conduct "Open" Business Via Private Email
The ACLU of Wisconsin has told a Wisconsin agency, the Southeastern Wisconsin Regional Planning Commision, that it can't conduct the public's business in a private e-mail list serve.
The group called SEWRPC is an urban/rural governmental planning organization that is charged with the task of hearing and weighing business, development and environmental decisions for an area spanning seven southeastern Wisconsin counties. The group wanted to have one of its committees, the Environmental Task Force, discuss and vote on whether to accept a consultant's report about the water supply in southeastern Wisconsin. Karyn Rotker, ACLU Senior Staff Attorney, stepped in to remind SEWRPC that Wisconsin's Open Meetings Law prohibits agencies from discussing and voting on issues in private - and that includes a private email exchange.
The ACLU of Wisconsin has sent the message to SEWRPC before (PDF) about how important it is to weigh environmental and human concerns when making development decisions. We've blogged before about how government needs to take into consideration the environmental impact planning decisions have, especially on communities that need help with resources like accessible transportation and clean water.
The group called SEWRPC is an urban/rural governmental planning organization that is charged with the task of hearing and weighing business, development and environmental decisions for an area spanning seven southeastern Wisconsin counties. The group wanted to have one of its committees, the Environmental Task Force, discuss and vote on whether to accept a consultant's report about the water supply in southeastern Wisconsin. Karyn Rotker, ACLU Senior Staff Attorney, stepped in to remind SEWRPC that Wisconsin's Open Meetings Law prohibits agencies from discussing and voting on issues in private - and that includes a private email exchange.
The ACLU of Wisconsin has sent the message to SEWRPC before (PDF) about how important it is to weigh environmental and human concerns when making development decisions. We've blogged before about how government needs to take into consideration the environmental impact planning decisions have, especially on communities that need help with resources like accessible transportation and clean water.
Tuesday, July 27, 2010
New Berlin Planning Commission Should Allow, Not Limit, Public Comments on Housing Development
The New Berlin Plan Commission in the midst of the recent controversy over affordable housing in New Berlin altered its bylaws to prohibit virtually everyone except residents and land owners from speaking during the open comment portion of its public meetings (you can read the change on the city's website - PDF). In response the ACLU of Wisconsin has written the Commission (PDF) chiding it for engaging in censorship that will undermine the planning process.
“Free speech exists in the public spaces of even the most exclusive communities,” said ACLU of Wisconsin Executive Director Christopher Ahmuty today. “The Commissioners are engaged in an important public service. Allowing all interested parties to speak will result in a better future for New Berlin,” he added.
“The New Berlin Plan Commission is refusing to allow public comment from persons who might want to live in the community,” noted Karyn Rotker, ACLU of Wisconsin Senior Staff Attorney. “And the timing of its actions - changing its public comment policies in the middle of the affordable housing debate - strongly suggest it is doing this because some people in New Berlin objected to the efforts of faith-based groups and others to try to develop affordable housing.
“These efforts to suppress speech can also have wider-ranging consequences. For example, in addition to shutting out the speech of people who might want to live in New Berlin, the Plan Commission’s new rules would also prohibit other interested persons - like those who work or own businesses in New Berlin, but don’t live there - from commenting at public meetings,” added Rotker.
In a letter sent to Plan Commission members on Monday, the ACLU suggested alternative measures to allow the Commission to efficiently conduct its business without suppressing speech, such as limiting the amount of time given to each speaker.
“As the U.S. Supreme Court made clear many years ago, there is a ‘profound national commitment’ to the principle that ‘debate on public issues should be uninhibited, robust, and wide open,’” wrote Ahmuty. “We urge the New Berlin Plan Commission to take those principles to heart.”
The issue got a mention on the Milwaukee News Buzz website as well as some attention on the NewBerlinNow.com website.
“Free speech exists in the public spaces of even the most exclusive communities,” said ACLU of Wisconsin Executive Director Christopher Ahmuty today. “The Commissioners are engaged in an important public service. Allowing all interested parties to speak will result in a better future for New Berlin,” he added.
“The New Berlin Plan Commission is refusing to allow public comment from persons who might want to live in the community,” noted Karyn Rotker, ACLU of Wisconsin Senior Staff Attorney. “And the timing of its actions - changing its public comment policies in the middle of the affordable housing debate - strongly suggest it is doing this because some people in New Berlin objected to the efforts of faith-based groups and others to try to develop affordable housing.
“These efforts to suppress speech can also have wider-ranging consequences. For example, in addition to shutting out the speech of people who might want to live in New Berlin, the Plan Commission’s new rules would also prohibit other interested persons - like those who work or own businesses in New Berlin, but don’t live there - from commenting at public meetings,” added Rotker.
In a letter sent to Plan Commission members on Monday, the ACLU suggested alternative measures to allow the Commission to efficiently conduct its business without suppressing speech, such as limiting the amount of time given to each speaker.
“As the U.S. Supreme Court made clear many years ago, there is a ‘profound national commitment’ to the principle that ‘debate on public issues should be uninhibited, robust, and wide open,’” wrote Ahmuty. “We urge the New Berlin Plan Commission to take those principles to heart.”
The issue got a mention on the Milwaukee News Buzz website as well as some attention on the NewBerlinNow.com website.
Monday, July 26, 2010
On Tuesday, Let’s Hope ‘Forward’ — Influences the National Organization for Marriage
Posted in the op-ed section of the Capitol Times.
The National Organization for Marriage tour bus will stop by our Capitol building on Tuesday at noon to bring its message to the residents of Dane County that only different-sex couples are families. Local residents who support marriage for all loving, committed couples will hold a counterdemonstration where they will likely outnumber the NOM folks. The Madison office of the ACLU of Wisconsin will send volunteer legal observers to witness the protest and counterdemonstration as people on both sides of the marriage debate flex their free speech rights. We love it.
The ACLU of Wisconsin welcomes the National Organization for Marriage bus tour to rally on our Capitol steps. And not just because everyone has the right to free speech. We welcome the NOM because we are for marriage too. Like free speech, everyone should have the right to marry. And the ACLU of Wisconsin continues to work to advance the fair treatment of same-sex couples.
Until the time when voters can successfully repeal the discriminatory constitutional amendment prohibiting same-sex couples from marrying, there are more real families that need equal protection under law today. Just over a year ago, the state Legislature created a domestic partner registry and benefits for same-sex partners of state employees. But these steps fall far short of the necessary legal protections provided to the families of married couples. National and local foes of the domestic registry want to challenge it.
Among the opponents, the National Organization for Marriage wants to convince voters of the need to restrict the freedom and liberty of loving, committed couples to have their marriages recognized by law. This group should have a hard time proving that heterosexual marriages are threatened by recognizing other relationships. Fortunately most Madisonians know exactly how much stronger our community is because of the diverse families who live here. And that is the kind of freedom we all can be proud of.
In the long run, people who work to restrict freedom and liberty will fail. The history of our country and our Constitution is a story of evolution, progress and an expansion of rights for individual freedom. Hopefully, when the National Organization for Marriage bus tour stops at the Capitol near a statue emblazoned with our state motto “Forward,” they will be welcomed as freedom of speech dictates, and then they will take the statue’s advice.
Please visit the op-ed webpage and log in to leave your comments on why NOM is wrong about same-sex marriage.
The National Organization for Marriage tour bus will stop by our Capitol building on Tuesday at noon to bring its message to the residents of Dane County that only different-sex couples are families. Local residents who support marriage for all loving, committed couples will hold a counterdemonstration where they will likely outnumber the NOM folks. The Madison office of the ACLU of Wisconsin will send volunteer legal observers to witness the protest and counterdemonstration as people on both sides of the marriage debate flex their free speech rights. We love it.
The ACLU of Wisconsin welcomes the National Organization for Marriage bus tour to rally on our Capitol steps. And not just because everyone has the right to free speech. We welcome the NOM because we are for marriage too. Like free speech, everyone should have the right to marry. And the ACLU of Wisconsin continues to work to advance the fair treatment of same-sex couples.
Until the time when voters can successfully repeal the discriminatory constitutional amendment prohibiting same-sex couples from marrying, there are more real families that need equal protection under law today. Just over a year ago, the state Legislature created a domestic partner registry and benefits for same-sex partners of state employees. But these steps fall far short of the necessary legal protections provided to the families of married couples. National and local foes of the domestic registry want to challenge it.
Among the opponents, the National Organization for Marriage wants to convince voters of the need to restrict the freedom and liberty of loving, committed couples to have their marriages recognized by law. This group should have a hard time proving that heterosexual marriages are threatened by recognizing other relationships. Fortunately most Madisonians know exactly how much stronger our community is because of the diverse families who live here. And that is the kind of freedom we all can be proud of.
In the long run, people who work to restrict freedom and liberty will fail. The history of our country and our Constitution is a story of evolution, progress and an expansion of rights for individual freedom. Hopefully, when the National Organization for Marriage bus tour stops at the Capitol near a statue emblazoned with our state motto “Forward,” they will be welcomed as freedom of speech dictates, and then they will take the statue’s advice.
Please visit the op-ed webpage and log in to leave your comments on why NOM is wrong about same-sex marriage.
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