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Mike hopes to see the world turned upside down through local communities banding together for social change, especially churches which have recognized the radical calling to be good news to the poor, to set free the prisoners and oppressed, and to become the social embodiment of the reign of God on earth as it is in heaven. He lives with the blessed memory of his wife, in Durham, NC, and has three adult children living in three different states. He also shares his life with the Mt. Level Missionary Baptist Church in Durham, the faculty and students of Shaw University Divinity School in Raleigh, NC, and the faithful fans of Duke and Baylor Basketball in his neighborhood.

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Friday, September 11, 2015

Everyone Wants Affordable Housing--But How to Do It?

One sure thing came out of today's Durham City Council work session discussion on agenda item 29:  Affordable housing draws strong support from Durham's City Council.  What kind of development to carry out is where there is disagreement.  Some support a Durham Can proposal for a development that could provide 80-100 units of housing affordable for households making 40% to 60% of the Area Median Income, which would be up to $43,000 for a household of two people.  Working class, lower end of the middle class--about  40% of Durham's population is below that threshold.  They are people with steady jobs, earning a salary or a high hourly wage, starting families, building careers.  They are the backbone of our community.

Others insist any development should have a wider range of incomes, including some above the AMI.  One comment from Mayor Bell praised a development that has 40 units above AMI and 100 units below AMI.  That calculates to over 70% below AMI, and certainly there should be room for much or most of that to include the targeted population of 40 to 60% of AMI.

Others spoke in more vague language of "some" affordable housing.  Reasonably, a mixed-income development which targets affordable housing would not fall below offering homes to at least 15% of resident families who make below 60% of AMI.  But I think we can do better than that. 

The only sort of sour note in the conversation was the way that some people implied that Durham CAN was proposing to build a Cabrini-Green Homes style of housing structure.  The comparison is far off base.  Unlike that infamous Chicago development of thousands of highly concentrated public housing units, this proposal is for no more than 100 units.  It is not a public housing project, but a private venture supported through a public partnership.  The target income range, while below AMI, is at 40% AMI a higher base level than Habitat for Humanity housing (starting at 30% AMI) and has the same upper limit at 60% AMI.  Although I do not see why providing housing for very low income residents should be a problem for downtown planning, that is not what this particular proposal aims to do.  On the east end of downtown, Durham is having good success in building strong neighborhoods with even very low income levels. Higher income citizens are eagerly moving into East Durham.  People are not destined to remain so divided, unless market forces work alone to shape housing.  Several speakers praised diversity.  But diversity is exactly what current downtown development is preventing.

In conjunction with adjacent buildings, it would be part of a mixed-income neighborhood strategy and a strong head start to catch up with the goal of 15% affordable housing near the transit station.  Right now there is 0%, and none planned in the "pipeline" of development that will lead to 2200+ units within a half mile of Durham Station.  Even 100 units will be less than 5% of the goal for affordability.  There is much more to do, and getting this development underway will be a good start.

I remember getting a list of salaries for professors at one of the area universities a few years ago.  Barely a third of faculty at this historic university would make a salary above 60% of the AMI.  These are committed, hard-working, highly intelligent, community-minded citizens, many of whom live in Durham.  They are strong contributors to any community.  I think people like these university professors, along with school teachers, artists, construction workers, police officers, mechanics, and others who would fall in this income category are exactly the kinds of citizens we want living in any of our neighborhoods.

I believe there is still an opportunity to make this project happen at Durham Station.  Either Durham CAN's proposal or some other version of a development including significant affordable housing is right for this property.

Thursday, September 10, 2015

Cooper Should Have Retried the Officer Who Killed Jonathan Ferrell

NC Attorney General Roy Cooper says that the killing of Jonathan Ferrell by Charlotte police officer Randall Kerrick fits the legal description of manslaughter.  He says the killing was illegal because the officer clearly went against department policy.  Even so, he believes he and his prosecutors are right not to retry the case after the first trial ended in a hung jury.

Cooper justifies his position by saying that the prosecutors made the best case possible for conviction.  He says that the eight of twelve votes for acquittal from the jury is a strong indication that a retrial, lacking any powerful new evidence, would fail again.  He says the difficulty of getting an indictment of Kerrick in the first place, when there was no case made by the defense, is another reason to believe that getting a conviction is highly unlikely.

Ministers from Charlotte, NC, came to Raleigh to ask Cooper to change his mind in this case.  They made quite compelling arguments in favor of pursuing a retrial.

1.  The duty of a prosecutor is to pursue a verdict when a crime has been committed.  Cooper said that he and his prosecutorial staff agree on this: "the elements of the crime of voluntary manslaughter were met by the facts and the law in this case."  A grand jury believed they saw enough evidence to call for a trial to determine whether the officer committed a crime.  It is not the duty of the prosecutor to predict in advance whether a case can win, nor to choose not to prosecute some crimes, especially crimes as serious as voluntary manslaughter.  It is an abdication of duty to decide now that a previous hung jury means that there cannot ever be a conviction.  Still that is what the AG Office's statement said: “Meeting the standard of proof of beyond a reasonable doubt could not be achieved.”

Read more here: http://www.charlotteobserver.com/news/local/crime/article32625516.html#storylink=cpy

2.  A hung jury has not spoken.  It has, for all intents and purposes, remained silent.  A mistrial is not a trial.  A jury that gives no verdict is a discussion group.  In the words of Rev. William Barber, II, "A hung jury is not a spoken jury."  Yet AG Cooper said, "We need to listen to what the jury said."  They did not say anything, or perhaps what they did say was gibberish.  They have not spoken anything that the public can understand.  They have thrown up their hands and passed the decision on to others.

3.  Pursuing justice is not something to give up on.  Even granting the pessimism expressed by Cooper concerning a retrial, the clergy delegation pointed out that the struggle for justice requires going against the odds.  Particularly in communities of people who have historically been denied justice, one cannot always depend on winning every battle.  Sometimes, the battle lasts for decades, and many court cases fail along the way before a powerful precedent emerges to change the direction of case law.  From Dred Scott to the Brown v Board of Education case, there was slow, not always steady, progress to eliminate barriers to equality for African Americans.  The history of lynchings has its corresponding history of failed prosecutions against those who murdered innocent people for the crime of being black.  That history is still being told in the twenty-first century in excessive force and killing at the hands of police.  Fearing the prosecution's case may lose is not reason enough to give up on prosecuting.

4.  It seems that future similar cases need only aim for a hung jury to end prosecution.  Cooper cites the sentiment of jurors who said that any future group of twelve jurors will be unable to arrive at a verdict.  How could they know that?  This particular issue raises one of the most dangerous implications of this case.  It seems to say that in criminal jury trials, in particular cases concerning excessive use of force by the police, a defense attorney can aim for a hung jury.  Selecting jurors whom they expect will disagree, presenting a case that will encourage prejudicial differences of opinion, or using whatever sorts of tactics they can imagine that will bring a hung jury would seem to be enough to avoid a conviction, since a hung jury seems to be enough reason to give up on prosecution.

Above I wrote that the hung jury has not said anything that the public can understand.  Perhaps I need to qualify that statement.  Dr Rodney Sadler has commented that the public may very clearly understand what the official conversation is leaving out.  The ongoing conditions of living in a society still shaped by its history of slavocracy, of white supremacy, of Jim Crow, and of de facto apartheid by neighborhood and congregation, means that a jury is selected from a population of people who do not understand one another and can only with great difficulty see things from one another's point of view.  

Divisions along lines at the intersections of race, ethnicity, and class play an enormous role in how criminal justice is meted out.  When a police officer looks at a black person, all kinds of cultural assumptions play a role in what that officer perceives to be happening, and the assumptions are demonstrably very different than when the person looked upon is white.  The same can be said about jurors.  As long as the claim, "I feared for my life," remains a carte blanche for deadly force against a suspect, a society that automatically fears black men will continue to allow police to kill them with impunity.  The era of lynchings has not come to an end.  We are now observing its continuation in the streets of New York City, Ferguson, Waller County, Baltimore, and Charlotte.
  • What are the duties of public officials in the criminal justice system?  
  • What constitutes completing the process of seeking justice in a criminal prosecution?  
  • What role do citizens have in demanding public responsibility to carry out justice?  
  • What can and should churches and ministers do to promote the carrying out of justice in their communities? 
I've already addressed the first three questions:  public officials must pursue justice to arrive at verdicts in criminal cases; a hung jury is not a "spoken" jury; fighting on against the odds is the proper social orientation toward justice.

I'll offer a couple of brief remarks on the last question.  Churches follow Jesus in specific places and times.  Their discernment of how to live in these contexts is shaped by the interplay between their formation in the incarnational ministry given by Jesus.  Being among the people, pursuing the good of the people and the community in which they live--the form this takes will vary in time and space.  In a time of persistent and far too frequent use of excessive force by police, which destroys lives, undermines hope and love, and cuts short faith, churches and ministers may take a representative position and provide advocacy for reorienting structures and systems toward justice.  This sort of intervention is what the clergy speaking to AG Cooper have been doing in many neighborhoods of Charlotte.

A second response to the last question has to do with the racial separation of church people.  Church people's responsibility to one another and to God is clear in the gospels.  Jesus taught his followers and his opponents that the primary path of righteousness comes through loving God and loving one another.  Gustavo Gutierrez calls this process "conversion to the neighbor."  A Christian has to quit being caught up in his or her own way of seeing things and learn to see life as the neighbor sees it.  A Christian must love the good of the neighbor, and not only as an afterthought.  That means the rich need to learn to see what the poor see in the world.  Whites need to learn to see what blacks see in the world.  There is a place for reciprocity here, but most important is to recognize that the "normal" way of things is shaped by the view of those in power.  The crucial step is for majorities and for the powerful to open their eyes and hearts to those who have been held down or pushed to the margins.  This conversion to the neighbor should follow the path of Rev Barber's constant theme that in North Carolina we are dealing with a "heart problem."  Churches ought to be on the leading edge of this process of knowing one another and loving one another across the barriers that keep people apart and keep those who benefit from division on a path of injustice.

Along with incarnational representation and with conversion to the neighbor, the church must uphold its calling to a prophetic ministry.  In the tradition of Amos, Isaiah, and Micah of old, the church must be the bearer of truth to those who hold power, especially when they fail to live up to their calling to seek the good of the people, to protect the widow, orphan, and marginalized, to promote peace and justice, and to build beloved community.  Part of fixing the heart problem is what Rev Barber has called being the "defibrillator."  It's an aggressive intervention to save a life that could be lost.  A prophetic word must challenge the ways of those who have become misleaders, for their own good and for the whole body which suffers from their failure.  Who else will speak if the church does not?  God will not be without a witness, but God is calling for the church to be that witness to righteousness, to justice, to the good that God intends for this world.  It is also a witness against greed, against domination, against violence, against injustice, against the evil that corrupts social systems and those who lead them.  There is no doubt that this group of Charlotte clergy intends to continue down this road of witness to the justice and blessing God intends for creation.

Sunday, September 06, 2015

Durham's Housing Crisis and the Wise Exhortation of James

Today I heard a sermon based on a passage from the New Testament Letter of James.  It made me think about the current crisis of affordable housing in Durham and strategies to fix this problem.  Addressed as a letter, James looks more like a collection of wisdom teaching and moral exhortations.  Rev. Dr. William C. Turner, Jr., pointed us to the first ten verses of chapter 2.
My brothers and sisters, do you with your acts of favoritism really believe in our glorious Lord Jesus Christ? For if a person with gold rings and in fine clothes comes into your assembly, and if a poor person in dirty clothes also comes in, and if you take notice of the one wearing the fine clothes and say, “Have a seat here, please,” while to the one who is poor you say, “Stand there,” or, “Sit at my feet,” have you not made distinctions among yourselves, and become judges with evil thoughts? Listen, my beloved brothers and sisters. Has not God chosen the poor in the world to be rich in faith and to be heirs of the kingdom that he has promised to those who love him? But you have dishonored the poor. Is it not the rich who oppress you? Is it not they who drag you into court? Is it not they who blaspheme the excellent name that was invoked over you?

You do well if you really fulfill the royal law according to the scripture, “You shall love your neighbor as yourself.” But if you show partiality, you commit sin and are convicted by the law as transgressors. For whoever keeps the whole law but fails in one point has become accountable for all of it.
Housing has been driving economic restructuring for more than a decade.  At first, it was the housing bubble created by overinvestment and irrational exuberance about buying up mortgages.  That led to all kinds of bad risks in writing mortgage loans, misleading people without experience in dealing with real estate markets, repeated selling of a property for inordinate profits, lying about the reliability of mortgage-backed securities, and in general lots of swindling, taking the money, and running.

When that manipulated, false market crashed, more restructuring happened through a foreclosure crisis.  Housing values dropped so far that many business's and investor's paper wealth disappeared overnight.  High-risk securities and credit default swaps were exposed to be the emperor's new clothes.  An economic recession led to massive layoffs and soaring unemployment.  That put millions of people into foreclosure.  Efforts to ease the foreclosure crisis failed as the "bailout" turned out to benefit only the banks, the brokerages, and the very actors who had caused the economic crisis.  Average workers and homeowners were left high and dry, unable to pay for their overpriced mortgages.  The powers of government and financial institutions resisted any serious plan to offer principle reduction or debt forgiveness, which had successfully restored the economy after the Great Depression.

People who did manage to stay in their homes found the new housing market to have very low demand, so that if they needed to move or get more space for a larger family, it was almost impossible to sell their homes.  Slowly, the market started to recover.  First, all the bargain housing sold.  Next, slowly people began to be able to sell near the uninflated prices before the housing bubble.  There are still many pockets of foreclosed neighborhoods, and not all housing prices have recovered.

But now we are seeing what looks to be another bubble emerging.  Cities and municipalities are putting capital into downtowns.  They are trying to bring recovery and prosperity to city centers.  A new generation, facing a long period of high gasoline prices and tired of traffic jams for commuters has regained interest in living downtown.  These trends attract developers, which is something that is good for all of us.  Every city wants to see vibrant businesses and neighborhoods.  However, prices are skyrocketing for central city housing.  As rents and purchase prices rise, speculators begin to look into other nearby streets and communities for more land to buy up.  Lower cost housing gets razed, and the occupants have to look elsewhere, away from their neighborhoods and friends, to find a place to live.

We know this process as gentrification.  Some see it as only good--better housing units replace older, unmodernized, sometimes run-down units.  Property values rise.  More money in the neighborhoods attracts businesses and jobs.  I don't think anyone is against those kinds of things.  But many are bothered by the callousness that some have about displacement of people, relationships, institutions, and communities.  They also wonder why it is that lower income people always get displaced and told to go somewhere else.  Why can't redevelopment create spaces for people to continue in the networks and neighborhoods where their families have lived for years and decades?  Why is redevelopment only targeted to attract new colonizers of old and established communities?

No one is surprised that developers want to maximize their profits on the risk they take in building new housing.  We know they won't take those risks if they can't expect to make a profit.  Building new housing takes big up-front capital investment, so we don't begrudge developers a profit.  On the other hand, part of building a good city to live in means that people of various income levels need to share in the benefits the city has to offer.  If I live in Durham, I will depend on city, county, state, and commercial institutions to help structure schools, fire protection, medical care, and public safety.  Doctors and entrepreneurs, pharmaceutical executives and hi-tech wizards may have six- and seven-figure incomes.  But teachers, firefighters, nurses, and police will live on more meager salaries.  Shop clerks, wait staff, cooks, mechanics, maintenance workers, and cleaning staff--all of these people will contribute to making a city a good place to live.  They are fellow-members of the community, not merely servants to the ones who have more money.  All of us need a place to live.  All of us deserve to enjoy the benefits of a flourishing city.

That's why, in the wisdom of our civic traditions, leaders have seen fit to put in place programs and incentives to make sure there is adequate housing for people of many levels of income.  One such program, the Low-Income Housing Credit, provides tax subsidies for developing affordable housing that enable developers to make a profit.  Durham CAN and Self-Help Credit Union want to use that subsidy to build 80 to 100 units of housing downtown, by the Durham Station Transportation Center and across from the NC Mutual building.  City leaders have expressed a desire to see better affordable housing opportunities, and by donating this land for affordable housing development, they can do their part in helping make Durham affordable to more of its citizens.

These units would be affordable to people who make 40% to 60% of the median income of Durham County.  That means up to $37,000 for a household of one, or $43,000 for a household of two, and slightly more for larger households.  These people, working hard to bring home enough money to feed, clothe, and shelter their families are of equal importance to a flourishing city as those who make the median salary or more.  Durham has had notable success in the recent past with some affordable housing, and we hate to see that only in the past.  We are hoping this project can be the next planting of a seed, the down payment, toward a new strategy and plan for creating more high-quality, affordable housing in neighborhoods all around Durham.

Sadly, there are some who have said that downtown is for the millennials, for entrepreneurs, for people with higher incomes.  They say that Durham can find a way to provide affordable housing for lower incomes somewhere else, somewhere less in demand, somewhere less desirable, somewhere out of the way of the profits a select few desire to make.  Those kinds of arguments sound to me like there is some kind of insider decision-making going on about who gets to live in what neighborhood and who gets pushed out.  It seems that someone has in mind a "certain quality of people" that are acceptable for Durham's nice downtown.  Others need not apply.  If there is no property available for affordable housing downtown, the doughnut hole, then the next step, and we see it happening already, will be no affordable housing in the doughnut ring around downtown.

Moderate- to low-income people get pushed farther and farther away from the neighborhoods with rich heritage.  Will the last remnant of Hayti be a museum surrounded by residents who know and care nothing about the struggle and achievement of families who built a prosperous community when all odds were against them?  Will Walltown go the way of Brookstown, Hickstown, and Crest Street, to be a faint memory of a lost past?  Cities change, and neighborhoods change.  That is inevitable.  But will people of various economic levels have access to the historic neighborhoods of Durham?  Or will the profiteering incentive lead to closing off the central city from people of moderate to low income?

Enter the wise exhortation of James.  James saw a problem in some churches of his time.  He saw that people became overly impressed by the wealth or affluence of some who came to their churches.  They catered to them.  They escorted them to the best seats.  They fawned over them.  But when people whose clothes were plain or even a bit worn came into the church, they directed them to the side or the back, or even suggested they stand by the wall sit on the floor.  The text says they were showing favoritism, based on the apparent affluence of those who came to their churches.

James reminded them of the Lord whom they serve.  He reminded them of the way of Jesus, who was himself from a working class home, born under bad conditions, sympathetic with beggars, outcasts, prostitutes, and others who found themselves on hard times.  His co-workers had mostly made their livings fishing and other hard work.  James, probably from the same family as Jesus, knew what it was to be looked down on by those who thought they were better.  He reminded them that the social dynamic of poverty was exploitation, and that the wealthy gained their affluence often through paying low wages or otherwise mistreating their workers.

James knew showing favoritism was not the way that Jesus had taught and planned for his followers to live.  "Love your neighbor as yourself" was Jesus' motto.  His life and ways had shown he meant every neighbor--Samaritan and Jew, blind and sighted, man and woman, worker and manager.  If it came to a question of injustice, Jesus took the side of the oppressed and stood up to the oppressor.  James said this to remind the churches that Jesus had come to reinstate, to kick-start, God's plan for this world as a good society, "There should be no one in need among you."

So when leaders in our city say that downtown is only for millennials, we wonder which millennials do they mean?  What about millennials who become teachers?  Don't some millennials become firefighters and police officers?  I think that some millennials are nurses, city staffers, cooks, and mechanics.  Aren't they welcome downtown?  Of course, I don't think anyone intends to have only one age group in the neighborhood.  Will there be room for all economic levels, age groups, and other segments of society, or are we back to drawing red lines on our maps to indicate who we will let live in which districts?

Now I understand that James is writing to the churches, and that Durham is not a church.  I also recognize that municipalities may not do everything the way churches do.  Yes, I am familiar with the distinction between church and state.  But I also want to say that the faith of the church is that Jesus came into the world to recall Israel, and all others who would come to join in, to build the kind of beloved community that God made this world to be.  While I would not think it appropriate to ask the city to enforce everything the church believes in, I do think there are many points at which our purposes of building a flourishing community may coincide.  Not cordoning off portions of the community by wealth and class and ethnicity and race and age and family size is one of the goals that the church and the city may have in common.

One theologian said that there are times when the social agenda of the church may appropriately blend with the social agenda of the communities with which the church shares space and time.  He said it is kind of like a "spiritual osmosis."  An idea like "no more shacks" that drove the Christian community of Koinonia Farms in Americus, Georgia, to create the housing model of Habitat for Humanity over time became widely accepted by people who had no connection to Christian churches.  Church or not, most people see that this plan works, and volunteers come from all creeds and no creed to build Habitat houses together.  Making room for affordable housing in the central city, near transit stations, in the doughnut hole and all the surrounding rings of the city is a similarly worthwhile goal.  People don't want to be displaced.  They want to be able to find housing near their jobs, near their schools, near the places they like to go for fellowship, friends, and food.  At all income levels, people want to share in the good things of life.

Durham must not have a housing policy which says to the wealthy and affluent, "Please, as our favorites, take the best places in which we have invested heavily, creating them just for people of your kind," and then turns to the moderate- and low-income citizen and says, "You, who are not our favorites, are on your own, and you'll have to go away from all the good things our city has invested in, because they are for someone else."  I think James's wise exhortation speaks to this issue of urban development.  Let's keep the best, that is all, of Durham available to all of it's citizens, and not show favoritism.
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