Paul Ryan, Culture and Poverty

NY Times, Mar. 21, 2014

By Charles M. Blow

Paul Ryan continues to be flogged for disturbing comments he made last week about men “in our inner cities” and their “culture” of not working.

In a radio interview with Bill Bennett, Ryan said, “We have got this tailspin of culture, in our inner cities in particular, of men not working and just generations of men not even thinking about working or learning the value and the culture of work, and so there is a real culture problem here that has to be dealt with.”

Reactions to the comment were swift and brutal.

Representative Barbara Lee, a California Democrat, said in a statement, “Let’s be clear, when Mr. Ryan says ‘inner city,’ when he says, ‘culture,’ these are simply code words for what he really means: ‘black.’ ”

Blow_New-articleInline.jpg

Charles M. Blow

Ryan has agreed to meet with the Congressional Black Caucus, of which Lee’s a member and which found his remarks “highly offensive.”

But at a town hall meeting on Wednesday, Ryan was rebuked by one of his own constituents, a black man from Mount Pleasant, Wis., named Alfonso Gardner.

Gardner told Ryan, “The bottom line is this: Your statement was not true.” He continued, “That’s a code word for ‘black.’ ”

But instead of cushioning his comments, Ryan shot back, “There was nothing whatsoever about race in my comments at all — it had nothing to do with race.”

23blow-ch-articleInline.gif

That would have been more believable if Ryan hadn’t prefaced his original comments by citing Charles Murray, who has essentially argued that blacks are genetically inferior to whites and whom the Southern Poverty Law Center labels a “white nationalist.” (The center’s definition: “White nationalist groups espouse white supremacist or white separatist ideologies, often focusing on the alleged inferiority of nonwhites.”)

Whatever Ryan meant by men “in our inner cities” and their culture, the comment obscures the vast dimension of poverty in America and seeks an easy scapegoat for it.

According to the Institute for Research on Poverty at the University of Wisconsin-Madison (in Ryan’s home state), the gap between the poverty rate in inner cities and that in rural areas and small towns is not as great as one might suspect. The inner city poverty rate is 19.7 percent, and the poverty rate in rural areas and small towns is 16.5 percent.

Furthermore, as Mark R. Rank, a professor of social welfare at Washington University, argued several months ago in The New York Times:

“Few topics in American society have more myths and stereotypes surrounding them than poverty, misconceptions that distort both our politics and our domestic policy making. They include the notion that poverty affects a relatively small number of Americans, that the poor are impoverished for years at a time, that most of those in poverty live in inner cities, that too much welfare assistance is provided and that poverty is ultimately a result of not working hard enough. Although pervasive, each assumption is flat-out wrong.”

His research, he noted, indicates that “40 percent of Americans between the ages of 25 and 60 will experience at least one year below the official poverty line during that period” and “54 percent will spend a year in poverty or near poverty.” Rank concluded, “Put simply, poverty is a mainstream event experienced by a majority of Americans.”

By suggesting that laziness is more concentrated among the poor, inner city or not, we shift our moral obligation to deal forthrightly with poverty. When we insinuate that poverty is the outgrowth of stunted culture, that it is almost always invited and never inflicted, we avert the gaze from the structural features that help maintain and perpetuate poverty — discrimination, mass incarceration, low wages, educational inequities — while simultaneously degrading and dehumanizing those who find themselves trapped by it.

Other parts of Ryan’s original interview were on target, when he talked about the value and dignity of work and the way that work builds character. Work doesn’t always alleviate poverty, in part because some people are forced to work for less than a living wage, though work does bring dignity.

But this is in part the problem, and danger, of people like Ryan: There is an ever-swirling mix of inspiration and insult, where the borders between the factual and the fudged are intentionally blurred and cover is given for corrosive ideas.

Ryan is “one of the good guys,” a prominent Republican operative explained to me last week. Maybe so, but even good people are capable of saying and believing bad things, and what Ryan said was horrific.

School Data Finds Pattern of Inequality Along Racial Lines

NY Times, Mar. 21, 2014

By Motoko Rich

Racial minorities are more likely than white students to be suspended from school, to have less access to rigorous math and science classes, and to be taught by lower-paid teachers with less experience, according to comprehensive data released Friday by the Department of Education’s Office for Civil Rights.

In the first analysis in nearly 15 years of information from all of the country’s 97,000 public schools, the Education Department found a pattern of inequality on a number of fronts, with race as the dividing factor.

Black students are suspended and expelled at three times the rate of white students. A quarter of high schools with the highest percentage of black and Latino students do not offer any Algebra II courses, while a third of those schools do not have any chemistry classes. Black students are more than four times as likely as white students — and Latino students are twice as likely — to attend schools where one out of every five teachers does not meet all state teaching requirements.

“Here we are, 60 years after Brown v. Board of Education, and the data altogether still show a picture of gross inequity in educational opportunity,” said Daniel J. Losen, director of the Center for Civil Rights Remedies at the University of California at Los Angeles’s Civil Rights Project.

In his budget request to Congress, President Obama has proposed a new phase of his administration’s Race to the Top competitive grant program, which would give $300 million in incentives to states and districts that put in place programs intended to close some of the educational gaps identified in the data.

“In all, it is clear that the United States has a great distance to go to meet our goal of providing opportunities for every student to succeed,” Secretary of Education Arne Duncan said in a statement.

One of the striking statistics to emerge from the data, based on information collected during the 2011-12 academic year, was that even as early as preschool, black students face harsher discipline than other students.

While black children make up 18 percent of preschool enrollment, close to half of all preschool children who are suspended more than once are African-American.

“To see that young African-American students — or babies, as I call them — are being suspended from pre-K programs at such horrendous rates is deeply troubling,” said Leticia Smith-Evans, interim director of education practice at the NAACP Legal Defense and Educational Fund.

“It’s incredible to think about or fathom what pre-K students could be doing to get suspended from schools,” she added.

In high school, the study found that while more than 70 percent of white students attend schools that offer a full range of math and science courses — including algebra, biology, calculus, chemistry, geometry and physics — just over half of all black students have access to those courses. Just over two-thirds of Latinos attend schools with the full range of math and science courses, and less than half of American Indian and Native Alaskan students are able to enroll in as many high-level math and science courses as their white peers.

“We want to have a situation in which students of color — and every student — has the opportunity and access that will get them into any kind of STEM career that takes their fancy,” said Claus von Zastrow, director of research for Change the Equation, a nonprofit that advocates improved science, technology, engineering and math education, or STEM, in the United States. “We’re finding that in fact a huge percentage of primarily students of color, but of all students, don’t even have the opportunity to take those courses. Those are gateways that are closed to them.”

The Education Department’s report found that black, Latino, American Indian and Native Alaskan students are three times as likely as white students to attend schools with higher concentrations of first-year teachers. And in nearly a quarter of school districts with at least two high schools, the teacher salary gap between high schools with the highest concentrations of black and Latino students and those with the lowest is more than $5,000 a year.

Timothy Daly, president of the New Teacher Project, a nonprofit that recruits teachers, said that while the data looked at educator experience and credentials, it was also important to look at quality, as measured by test scores, principal observations and student surveys.

“Folks who cannot teach effectively should not be working with low-income or African-American kids, period,” he said, adding that the problem was difficult to resolve because individual districts are allowed to make decisions on how to assign teachers to schools.

Hurricane Sandy and New Jersey’s Poor

NY Times, Mar. 19, 2014

By the Editorial Board

The Department of Housing and Urban Development is required by law to ensure that states spend federal disaster aid in a fair, nondiscriminatory manner that furthers the goals of the federal fair housing law. But history shows that states sometimes need a push, and the evidence suggests that Gov. Chris Christie’s administration in New Jersey needs one right now.

Testimony at a recent Senate hearing convened by Senator Robert Menendez, a Democrat of New Jersey, showed beyond a doubt that the recovery effort following Hurricane Sandy was mismanaged from the start and, worse, has consistently shortchanged poor and minority victims.

Janice Fine, a professor in the school of management and labor relations at Rutgers University, told the committee that the Christie administration hired a contractor with a mixed record to manage the recovery program and then failed to provide basic oversight.

The contractor regularly lost applications for aid, misled hurricane victims and wrongly turned away thousands who, as it turned out, were fully qualified for aid. The contractor was fired in December, but Ms. Fine believes the state still lacks the capacity to monitor and manage such contracts efficiently.

Even more disturbing testimony came from Adam Gordon, a lawyer for the Fair Share Housing Center, a housing rights group that has been battling Governor Christie over irregularities in the recovery program from the very beginning. Drawing on an analysis of state data the center published in January, Mr. Gordon said that the programs offering grants to people to rebuild their homes or replace belongings had a disparate impact on minorities: applications from African-Americans were rejected at 2.5 times the rate of whites, while Latinos were rejected at 1.5 times the rate of white, non-Latino applicants.

Worse still, according to the center’s analysis, nearly 80 percent of the people who appealed after they were denied funds turned out to be eligible after all, another sign that the screening process was deeply flawed. It seems wholly plausible that many among the thousands of applicants who did not bother to appeal adverse rulings were wrongly turned away as well.

In addition, the housing center found that too little money had gone to programs meant to build or repair rental properties.

This raises yet another troubling matter of fairness, given that more than two-thirds of African-Americans and Latinos victimized by the storm were renters. Moreover, Mr. Gordon said in his written testimony that federal authorities at the Department of Housing and Urban Development had known about these problems for months, but had taken “too little action to ensure that these federal funds are spent fairly.”

New Jersey has already received $1.8 billion in Sandy aid and is expected to receive another $1.5 billion soon. With that in mind, Senator Menendez asked Shaun Donovan, the housing secretary, how he planned to address the situation, rectify past mistakes and prevent new ones from occurring. Mr. Donovan said the Christie administration had assured him that it would adopt new procedures and take steps to reach families that may have been wrongly denied aid.

Given the state’s recent history, Mr. Donovan should take nothing for granted.

Racial and Ethnic Disparities in Health — and How to Fix Them

National Journal, Mar. 13, 2014

Harnessing willpower. Focusing on poor neighborhoods. Launching Obamacare. And still the racial and ethnic disparities in health care persist.

Hard work: Fitness specialist John Kirby reviews with Lorraine Speaks the log of everything she ate during the previous week.(Matt Stanley)
By Chelsea Conaboy
PHILADELPHIA—The goal that Lorraine Speaks has set for herself seems simple: Eat better. Barely 5 feet tall, the 58-year-old weighs 240 pounds. To lose weight, she knows she’ll have to cut back on processed foods and the bags of miniature cookies that are her go-to snack.
Three weeks into a weight-loss program at the 11th Street Family Health Services here in North Philadelphia, instructor John Kirby helps Speaks focus. He suggests she aim for three servings of fruits and vegetables daily. It’s a good goal, Speaks says, but do canned vegetables count? In the transitional housing facility where she lives, the kitchen is shared and fridge space is limited, so keeping fresh vegetables is difficult.
Preparing them is a challenge, too. “I want to eat squash and zucchini and all that,” she tells Kirby. “But, I don’t know how to cook it.”
As the country grows in diversity and struggles to control medical costs, the greater burdens of health risks, disease, and premature death among people of color and the poor are a matter of increasing urgency. While the “biggest loser” program at 11th Street is aimed at changing people’s eating and exercise habits, activists here and scholars around the country say that efforts focused on shifting individual behaviors probably won’t be enough to change the broader patterns of inequities in health.
Some experts point to the need for transforming the traditional health care system, in which people of color are less likely to have insurance or to get decent medical care. This has been the Obama administration’s main strategy in expanding insurance coverage under the Affordable Care Act.
But, people who study these disparities say the problem isn’t just a matter of what happens in an individual’s home or in the exam room but of what life is like in an entire neighborhood. Researchers emphasize social and economic factors, such as employment, education, and social networks—whether people have the resources to protect their health. In racially segregated neighborhoods such as this one, with its crumbling infrastructure and history of institutional neglect, the main obstacle to good health is poverty.
A growing number of programs across the country focus on rebuilding healthier neighborhoods—improving housing conditions, opening grocery stores, developing public transportation, and creating green space for play and exercise. All of these efforts are important, but they may do little, many scholars say, to close the gap on health unless they are part of a broader plan to mitigate the effects of poverty that includes improving early education, creating jobs, and building a stronger safety net for those in need.
“You can’t solve racial and ethnic disparities if you don’t deal with income differences,” says Sherry Glied, dean of New York University’s Robert F. Wagner Graduate School of Public Service. As the federal Health and Human Services Department’s assistant secretary for planning and evaluation in 2010-12, she helped write the first national action plan on health disparities. “Poverty and poor education,” Glied says, “are just terrible for people’s health.”

DEPTH OF DISPARITIES

Philadelphia is known as a city of “eds and meds,” where world-class hospitals, pharmaceutical companies, and universities drive the economy. Last year, more students trained to be doctors in Pennsylvania than in any other state but New York. Yet in the neighborhoods that stretch north from the public-housing developments around the clinic at 11th and Parrish streets, this world of success is little in evidence.
In North Philadelphia, only about one-eighth of all adults have gone to college. The unemployment rate is three times the national average, and the rate of shooting deaths is among the highest in a violence-prone city. Compared with neighborhoods nearby, children are more likely to be uninsured, obese, or hospitalized for asthma. Men and women can expect to die as much as a decade earlier than Philadelphians in the city center.
The picture here is stark. But similar disparities play out across the country. Despite dramatic advances in medicine, the gaps related to many conditions have held steady and, in some cases, widened.
Black children in 2008 were more than twice as likely to die before their first birthday as white and Hispanic children, according to the Centers for Disease Control and Prevention. Infant mortality is closely associated with a mother’s health, socioeconomic status, and prenatal care. Hispanic infants who live in segregated urban centers, where the gap in mortality rates compared with infants in integrated neighborhoods may actually be getting worse, are at a disadvantage, too, according to an analysis by the Joint Center for Political and Economic Studies, a research group focused on improving socioeconomic status for people of color.
Repeated studies have shown that black children have the highest rates of asthma diagnoses and hospitalizations. While genes may play a role in causing asthma, inadequate medical care and exposure to environmental triggers—mold, cockroaches, polluted air—make things worse. Across all ages and races, Americans of color were more than twice as likely to die of asthma in 2009 than white people were, the American Lung Association reported in 2012. And as the overall mortality rate declined in the previous decade, that gap did not close.
Such inequities abound for other chronic conditions, particularly for black Americans. Their risk of dying before age 75 of coronary artery disease is 52 percent higher than for whites, by the CDC’s count. The rate of premature death from stroke among African-Americans is more than twice that of whites. About 7 percent of white adults but more than 11 percent of black and Hispanic adults had diabetes in 2010. Compared with rates from 2006, the gap between white and black women was narrowing, but disparities were widening for all Hispanics, and especially for Hispanic women.
Interestingly, Hispanics in the United States tend to be healthier than their poorer circumstances would suggest. Researchers don’t fully understand what they call the “Hispanic paradox.” It may be that new immigrants bring with them healthy habits of diet and exercise. But as their children and grandchildren adopt a fast-food culture and collect in segregated neighborhoods where the medical care is subpar, these advantages ebb.
There are reasons to hope. As Americans’ average life span lengthened by 11 percent between 1970 and 2010, to 78.7 years, a CDC report found that blacks were living 17 percent longer than before, to age 75.1. Still, a gap persists between blacks and whites, because of wide differences in rates of heart disease, cancer, and—for men—homicide.
The problem of racial and ethnic disparities in health, says Brian Smedley, director of the Joint Center’s Health Policy Institute, “literally cuts across the life cycle from birth to death.”

A PERSONAL STRUGGLE

Speaks wants to lose weight. She knows that obesity increases her risk of heart disease, diabetes, and other illnesses, and that losing weight could ease her asthma. Plus, she has support. Her adult daughter texts her each Tuesday and Thursday to be sure she boards the first of two buses she takes to 11th Street.
The nurse-led center, run by Drexel University downtown, is a good place to start. In addition to running the “biggest loser” class, Kirby staffs the center’s gym, where patients get free use of the equipment and personal training.
Speaks is unemployed and disabled by chronic pulmonary disease. She says her struggle with weight is partly a matter of willpower. “It’s the cookies,” she says. “I’m going to have to do a cold-turkey thing.”
Perhaps the most successful campaign for willpower in U.S. history involves smoking. Over the past 50 years, Americans have been scared, taxed, and guilt-tripped into quitting the tobacco habit, reducing the prevalence of smoking by more than half. Restrictions on advertising, state and federal taxes on cigarettes, and laws prohibiting smoking in restaurants and on public property have recast as repulsive what was once considered sexy.
“We cut down on smoking in this country by making it not OK to light up,” says Stuart Butler, in charge of policy innovation at the Heritage Foundation, a conservative think tank. He hopes for a similar change of public sentiment about lifestyles that lead to obesity. He’d like to see teachers and community leaders talk to parents of obese children about the health implications.
The campaign against obesity has borrowed from the assault on smoking. The federal government has raised nutritional standards for food served to children who receive free or reduced-price meals. Next fall, schools are expected to begin implementing a federal ban on the sale of most sugary snacks and beverages. Michelle Obama’s “Let’s Move!” campaign enlists celebrity power to promote healthy food choices and regular exercise. The first lady recently unveiled an updated nutrition label that offers a clearer picture of the calories and added sugars in packaged foods.
Implementing tougher tactics has been trickier. Philadelphia Mayor Michael Nutter has tried twice to tax sugar-sweetened beverages sold in the city, but the measures failed under industry pressure. Former New York City Mayor Michael Bloomberg’s attempt to ban the sale of large surgery drinks—twice ruled unconstitutional—will be considered by the state’s highest court this year.
Still, some signs indicate the campaign may be taking hold. Preschoolers who are overweight are far more likely to be obese as adults. But a recent CDC study found that obesity rates among children ages 2 to 5 declined by 40 percent in the past decade, although there was no significant change for older children or most adults.
Heritage’s Butler isn’t alone, however, in believing that it won’t be enough to hold people more accountable to make healthy choices on their own. “The way people actually behave personally is so affected by what happens in the community,” he says.
Eating more fruits and vegetables, for example, is far more difficult for someone who cannot afford fresh produce or who lives in a neighborhood where markets don’t stock much. That’s why Kirby takes patients on a tour of a grocery store and helps them plan menus and shopping trips. The most successful participants in his program are those who can adapt what they learn in class to their own lives, he says, and that requires resources.
Traditional public-health approaches may be of limited use in reducing disparities, according to work that Columbia University professors Bruce Link and Jo Phelan have led over the past 20 years looking at why disparities persist despite advances in medical care and social conditions. Public-awareness campaigns aimed at healthy eating and weight loss may reach people who have the resources to respond, but not those who may need them the most. The biggest gaps in mortality, they have shown, occur in conditions that are the most treatable.

UNEVEN ACCESS

It’s hard for Americans to get decent health care without insurance. In Philadelphia, only 11 percent of white adults under 65 were uninsured in 2012, compared with 20 percent of black adults, according to an annual survey by the Public Health Management Corp. Among the city’s Hispanics and Asians, the rate of uninsured adults was higher still, at 27 percent. Nationally, according to a Kaiser Family Foundation analysis, the disparities in uninsured rates were similar—15 percent for whites, 25 percent for blacks, and 33 percent for Hispanics.
The Affordable Care Act was designed to help the uninsured by making health care accessible to nearly everyone. Besides expanding Medicaid for the poor and subsidizing insurance for many low- and middle-income people, it also invests billions of dollars in community health centers and other organizations that serve millions of people who are poor and uninsured. The law “really offers a transformative opportunity not only for better insurance but for better care and better public health,” says Howard Koh, HHS’s assistant secretary for health.
Yet, for every two or three Philadelphians who have been newly insured this year, at least one has been left behind, says Antoinette Kraus, director of the Pennsylvania Health Access Network, a coalition of organizations helping people enroll. After the Supreme Court allowed states to decline the expansion of Medicaid, which provides health care for the poor, 25 of them—including Pennsylvania—have done so. That has left about 281,000 Pennsylvanians without coverage, by Kaiser’s calculations, including 91,000 blacks and Hispanics. Gov. Tom Corbett, a Republican, has proposed an alternative that would expand Medicaid while limiting some benefits for all recipients and requiring poor people to contribute, which seems unlikely to get the federal approval it needs to move forward.
Nationwide, an estimated 4.8 million residents will lose insurance coverage in the Medicaid-spurning states, which are mostly in the South. More than half are people of color, according to Kaiser.
“Most people in the country have an option of affordable health insurance, unless you happen to be really poor and in a conservative state, and then you get nothing,” says Benjamin Sommers, a physician and health economist at the Harvard School of Public Health.
But even universal coverage doesn’t guarantee better health. In many ways, as the Institute of Medicine documented in 2002, Americans of color receive poorer care—including a lack of communication from medical professionals and fewer appropriate procedures or medications—even when all other factors, including insurance, are equal. Language barriers and distrust of the health care system play a role. The obstacles are numerous, including hard-to-break habits, the scarcity of health care, the stresses of living in poor neighborhoods, and silent discrimination.
Harvard researchers in 2007 asked physicians to take a widely used computer test that measures subconscious bias and compared the results with how the doctors said they would treat a hypothetical patient with chest pain. The doctors who were found to harbor more racial prejudices were more likely to provide the best clot-busting drug to white patients but not to blacks.
Structural barriers also complicate efforts to address health disparities. Consider a program in Milwaukee that trained low-income minority parents of children with asthma to counsel other parents on how to manage the disease and find resources that could help with housing, insurance, and food. The mentoring program cost a mere $60 per patient each month but reduced episodes of wheezing and visits to the emergency room significantly, according to a study published in 2009 in the journal Pediatrics. Some patients’ parents missed fewer days of work.
When grant funding ran out, however, the program was discontinued, said Glenn Flores, the lead author, who is now director of general pediatrics at the University of Texas Southwestern Medical Center. Insurers don’t like to pay for preventive programs that might save money in the long run, for fear of later losing the customer—and the financial reward. But a movement is just getting started within the medical world to pay doctors and hospitals based on their success in keeping patients healthy, rather than for each test or treatment. This approach could put more money into programs that help people of color—all people, really—manage chronic conditions.
“It’s not just an equity issue,” Flores says. “This is a quality issue.”

TOXIC SURROUNDINGS

Justice Hill-Blount is feeling better. The 18-month-old is getting a checkup at St. Christopher’s Hospital for Children after a bout of wheezing. The toddler probably has asthma, an illness her mother, 32-year-old Jocelyn Hill, knows too well. Hill’s own asthma seemed to get worse, she says, when she was shot in the back at age 23. All five of her older children, ages 4 to 15, have it, too. “We haven’t been able to outgrow it,” she says.
Hill, who is deaf, can’t hear her children wheezing. Instead, she watches for signs they are gasping for breath or she lays a hand on their chests as they sleep. She worries about the dust that collects in the carpet of the family’s North Philadelphia apartment, which her landlord won’t replace. Hunger and asthma are linked, and Hill tries to stretch the family’s food assistance to the end of each month.
She is in the right place. Doctors at St. Christopher’s write prescriptions for families to buy discounted boxes of farm-fresh vegetables. The clinic is staffed with social workers. Down the hall, an exam room has desks for attorneys with the Medical-Legal Partnership program, to help with issues of child custody, immigration status, and uncooperative landlords.
The hospital’s services fit a broader movement around the country to improve the environment in which people live, work, and play. Some neighborhood-centric efforts have focused on building parks in hopes of increasing exercise opportunities for children and adults, eliminating lead paint from homes, removing hazardous-waste sites, or expanding bike lanes and public transportation.
But even this approach, taken on its own, has shortcomings. Hill says the $15 cost per box of vegetables is too high. Unaware of the legal program, she doesn’t tell the doctor about her dirty carpet. Her story highlights how difficult it can be to connect even one individual or family with useful services—much less change a whole neighborhood.
St. Christopher’s and other organizations here are trying. Philadelphia’s Food Trust has become a national model. The nonprofit has worked to make fresh foods available to low-income families at farmers’ markets and corner stores. It spearheaded efforts to get state matching funds to build 88 grocery stores in “food deserts” throughout Pennsylvania, a program the Obama administration is working to replicate across the country.
Grocery stores are to eating well what health insurance is to obtaining medical care—a starting point. The Food Trust also offers nutrition education and cooking classes that focus on preparing familiar foods in a healthier fashion, says Allison Karpyn, the Food Trust’s research director.
But a report by researchers in London and at Penn State University published in Health Affairs in February raised doubts about the impact of building grocery stores in poor neighborhoods. The study surveyed residents before and after a supermarket was built and compared them with responses from people in a comparable neighborhood without such a store. The authors found that people who lived near the supermarket felt they had better access to healthy food, but, surprisingly, they didn’t eat more fruits and vegetables or achieve a noticeable improvement in their body-mass index.
The study was small, the authors noted, and its participants were relatively old and thus less likely to change their habits. Still, it suggests that simply altering the built environment isn’t enough. “If people have grown up in a community without access to parks and green space,” says the Joint Center’s Smedley, “suddenly putting it there is not going to make people use it.”

BIGGER ANSWERS

Ask Dan Taylor, a pediatrician at the St. Christopher’s clinic, where Hill’s family is treated, what he thinks is needed to improve the neighborhood’s health, and his answers are big. Decrease child poverty. Invest more in education. Provide jobs that pay a living wage. He worries about a growing body of research showing that the stresses of living in poverty—the many ways it undermines families and communities—damage children’s brains and their long-term health.
A landmark study of thousands of adult Californians, begun in the mid-1990s at Kaiser Permanente, found that “adverse childhood experiences,” such as domestic violence or abuse, had a cumulative effect on people’s health. The 6 percent of participants who had four or more such experiences were far more likely as adults to be obese or to have cancer, heart disease, depression, or substance abuse. Most of the participants were white and had attended college, prompting two Philadelphia groups, the Institute for Safe Families and the Public Health Management Corp., to survey the City of Brotherly Love in 2012-13. They found that 37 percent of all participants—and more of the black respondents—reported at least four adverse experiences.
“You do what you can,” Taylor says, but once a family exits the clinic, “they’re going back to a toxic environment that really doesn’t focus on children, that doesn’t put children first.”
Philadelphia is looking hard at the factors that create such an environment. During his first term as mayor, Nutter pledged to improve education and reduce violence. As he started his second term last year, his administration realized that to make progress on those goals it needed to focus more broadly on poverty, explains Eva Gladstein, who leads the new Office of Community Empowerment and Opportunity.
A year in, the office is setting up centers to help people apply for public benefits. It is bringing people together to advocate for more state and federal funding for early education, to increase services for people struggling to stay in their homes, to do more financial counseling and promote savings accounts, and to create 25,000 jobs in the city by 2015. Implicitly, Gladstein says, all of those goals are about health.
Columbia researchers Link and Phelan theorize that disparities persist from generation to generation because people have unequal access to the resources they need to protect their health—money, power, prestige, and positive social connections. Yet Link considers this shift in thinking—looking beyond health care to the context in which people live—a source of hope. It’s hard to measure the effect of this change in perspective, he says, but “you can imagine building something like a movement.”
—————–
The writer is features editor at Maine’s Portland Press Herald and covered health care for The Boston Globe.

Here we go again: dumping toxic sludge in an EJ neighborhood in Carteret

By Peter Montague
The Christie administration has signed off on a plan to dump millions of tons of contaminated soil on an 85-acre site sandwiched between the Rahway River on the north and an EJ community in Carteret on the south.   Here are two maps that tell the story.
On the first map, the black blob is the proposed toxic dump. The wide purple strip to the left of the proposed dump is the New Jersey Turnpike.  The blue band snaking across the top of the map is the Rahway River; the wide blue band on the right is the Arthur Kill, the body of water the separates New Jersey from Staten Island.  The area showing streets in the middle of the map, just below the proposed toxic dump, is Carteret, NJ.  Both maps were created using the federal Environmental Protection Agency’s web site called EJview.
cytec_e
Now here is a map showing the proportion of people of color who live in this part of Carteret.  The dark red color indicates where the population is more than 40% Of Color.
cytec_c
The plan is to bring contaminated soil to the site by diesel-powered dump trucks — at least 40,000 trucks per year will enter the site via Exit 12 from the New Jersey Turnpike.   
A story in the New York Times Feb. 24, 2014 reveals how many New Jersey politicians stand to profit from this deal, starting with the Governor, on down through the ranks of both parties, including state Senator Bob Smith (Democrat), state Senator Ray Lesniak (Democrat), and state Senate President Stephen M. Sweeney (Democrat).
A company from Maryland — Soil Safe, Inc. (gotta love the name!) — will be dumping petroleum-contaminated soil onto the site for five years, creating a mound 29 feet tall on a piece of land subject to routine flooding.
Of course it is the Governor’s team at the N.J. Department of Environmental Protection — led by Robert Martin — that is providing the “scientific” cover for this political plum.
When the Governor’s  team “reaches across the aisle” there’s a fistful of profits to be shared all around — by everyone except the neighborhood that’s going to sacrifice its quality of life, and perhaps its health, to keep the toxic Payola flowing.
[In an earlier version of this story, the proposed toxic dump was shown in green on the two maps and the size of the dump was unrealistically large.]
The views expressed in this blog post are those of the author alone, and not those of the New Jersey Environmental Justice Alliance.

New Report: Port Trucking Companies Steal More Than $1 Billion in Wages From Drivers

In These Times, Feb. 19, 2014

By Sarah Jaffee
[At Port Newark, the N.J. Environmental Justice Alliance is working with a coalition of labor and community groups to protect workers, reduce pollution, and provide more benefits to the City of Newark. –Editor]

A Savannah port truck driver protests for employee status at a port worker strike in Los Angeles last year.

“Everyone that’s involved in container hauling is making money,” says Albert Dantes, a port truck driver at the Port of Savannah, Georgia. Everyone, that is, but Dantes and his colleagues, who spoke to me after an organizing meeting just off the highway on which they haul the goods that come in and out of the fourth-largest container port in the country.
The port brings in close to $16 billion per year, but the drivers only see a tiny bit of that money. This is in large part because they’re “misclassified” as independent contractors, driver Gerald Spaulding says—which lets the bosses at the various port trucking companies push off operating costs onto the drivers. These may include gas, repairs and the lease or payment for the truck itself. “All the expenses come out of your pocket,” says Dantes, noting that the gas cost alone per load is usually about half of what the driver is paid for the load. “If you lose a tire, you pay for it. [And] you just ran for free.”
A new report, The Big Rig Overhaul: Restoring Middle Class Jobs at America’s Ports Through Labor Law Enforcement, published by the National Employment Law Project, Change to Win Strategic Organizing Center and the Los Angeles Alliance for a New Economy, backs up what the drivers are saying. It estimates that some 49,000 of the country’s 75,000 port truckers are wrongly classified as independent contractors, and it calculates that that misclassification costs state and federal governments more than $563 million in lost tax revenue, and costs drivers in the state of California alone between $787 to $998 million in stolen wages.
The report analyzed more than 30 official government decisions since 2011 regarding the employment status of port truckers, and found that state and federal courts and agencies “overwhelmingly” conclude that the drivers are employees, not independent contractors. Only in one case, in Washington state, did an agency find that a driver was properly classified as an independent contractor. That means, the report says, that port trucking companies “are violating a host of state and federal labor and tax laws, including provisions related to wage and hour standards, income taxes, unemployment insurance, organizing, collective bargaining, and workers’ compensation.”
That confirms the findings of an earlier report put out in 2010 by NELP and Change to Win, The Big Rig: Poverty, Pollution and the Misclassification of Truck Drivers at America’s Ports, which found that median net earnings before taxes were $35,000 for employee drivers and only $28,783 for contractors, and contractors were two-and-a-half times less likely than employee drivers to have health insurance and three times less likely to have retirement benefits. To determine just how much misclassification costs individual workers, the new report looks at damages awarded in cases like Romeo Garcia v. Seacon Logix, Inc., where four drivers received a total of $107,803 in compensation after a court ruled they had been misclassified as contractors. The drivers had little voice in their job classification: All Spanish-speakers, they signed leases in English with the company for their trucks. Insurance was then deducted from their paychecks, as well as gas, repairs and registration fees. The hearing officer from California’s Division of Labor Standards Enforcement (DLSE) said in his decision, “The formation of independent contractor agreements signed by its drivers can be and often is a subterfuge to avoid paying payroll and income taxes.” A Los Angeles Superior Court judge, ruling on an appeal, said, “I am a believer in free markets. This was not a free and open market.”
And it’s not just California. In New Jersey, a disability claim from a driver prompted the state’s labor department to audit port trucking company Proud 2 Haul. The New Jersey Department of Labor found that by misclassifying workers as contractors, between 2007 and 2009 the company had evaded $127,723.49 in unemployment insurance and temporary disability contributions. The U.S. Department of Labor (DOL) determined that Proud 2 Haul’s drivers qualified as employees because of the control exercised over them—through truck leases and company rules—and the fact that they had no opportunity to offer their services elsewhere.
Even the Internal Revenue Service, applying the most stringent legal standard, according to the report, has found drivers to be employees, saying that contracts signed by drivers that called them independent contractors were not proof that they were, in fact, independent.
As I’ve written, deregulation of the port trucking industry was supposed to open up the ports to women and drivers of color, granting drivers like Dantes more access to good jobs. Making them “independent contractors” was intended to allow them the freedom to be their own bosses, driving their own trucks and choosing which company to work for. What’s actually happened, according to many of the lawsuits cited in The Big Rig Overhaul, is that drivers are no more free than they ever were—they’re required to show up on time, obey strict rules, in some cases take drug tests, and often lease a truck from their employer. In other words, they’re treated just as they were when the drivers were employees, except they’re bearing all the costs of their work.
And it’s not just port truckers who face this problem, the report points out. Rather, the truckers epitomize the state of labor in the U.S. over the past few decades:

“Since the mid-1970s, American workers have increasingly found themselves in uncertain, contingent employment relationships. Whole industries, such as warehousing, have been reconfigured to shift business costs onto individual workers, taxpayers, and local communities. Powerful companies have moved core operations into nebulous networks of undercapitalized subcontractors, both domestic and overseas. And large numbers of workers find themselves beyond the reach of such core labor protections as a minimum wage, unemployment insurance, and Social Security.”

The good news from this report is that there’s a lot that can be done simply by enforcing existing laws. Or, as Spaulding says, “We know what’s going on, but we don’t have anybody policing what’s taking place, administration-wise.”
The authors call for several actions in order to improve the effectiveness of state and federal enforcement agencies—among them, of course, increasing funding to enforcement agencies. They also encourage agencies to coordinate on the state and federal level, so that in states like California where state law is stronger, state agencies can do the work, while in places like Georgia, the federal DOL should step in. They also stress the need for stronger penalties for employers who retaliate against employees who speak out.
Several state legislatures have considered proposals that would strengthen protections for the port drivers, the report notes. New Jersey’s legislature even passed a bill in 2013 that would ensure drivers are treated as employees, but it was vetoed by Republican Gov. Chris Christie.
On the federal level, several pending pieces of legislation could help drivers and other misclassified workers. One of those is thePayroll Fraud Prevention Act of 2013, which would amend the Fair Labor Standards Act to require employers to notify workers of their employment status—whether contractor or employee. If the notification requirement were violated, workers would be assumed to be employees. This would clarify for the drivers what their rights are, and make it harder for employers to classify them one way and treat them another—employers who violate these rules would face civil penalties. Senator Sherrod Brown (D-Ohio), a sponsor of the bill, tells In These Times, “When unscrupulous employers misclassify their employees, they don’t pay unemployment insurance taxes or offer health insurance, pass along costs to taxpayers, and undermine their competitors who play by the rules.”
The drivers, however, aren’t waiting for legislation. Many of the cases studied in the report are class-action cases brought by workers who are organizing among themselves, some with the Teamsters union (a member of the Change to Win federation that put out this report).
Savannah port trucker Carol Cauley tells In These Times that after a trip to California to support striking port workers in November, she realized that the issues at the ports really are the same across the country. And that makes her and the other Savannah drivers want to be part of a national movement.
Such a movement could be a powerful thing, as the outsourcing that’s shipped American jobs overseas has required the labor of low-paid port truckers at home to function as well. Dantes notes, “If we stop [work], in three days every store would be empty, we could shut down every Walmart. There’d be nothing. No fuel would be moved because trucks move gas, medicine, everything that runs America is carried on a truck.”

SARAH JAFFE

Sarah Jaffe is a staff writer at In These Times and the co-host of Dissent magazine’s Belabored podcast. Her writings on labor, social movements, gender, media, and student debt have been published in The Atlantic, The Nation, The American Prospect, AlterNet, and many other publications, and she is a regular commentator for radio and television. You can follow her on Twitter @sarahljaffe.

Experts advocate environmental justice

Daily Targum (Rutgers University), March 11, 2014
By Sabrina Szteinbaum / Associate News Editor
ana_baptista_140311
America’s dirty little secret is environmental injustice, said Ana Baptista, director of environmental and planning programs for the Ironbound Community Corporation.
Baptista gave the keynote address at yesterday’s Environmental Justice, Advocacy and the Media conference, hosted by The Citizens Campaign at Alexander Library on the College Avenue campus.
Heather Taylor, senior director of Communications and Public Affairs for The Citizens Campaign, said the organization is nonprofit and nonpartisan and aims to empower everyday people to change the political climate.
Taylor, a Rutgers alumna, believes people often have the misconception that citizens cannot make a difference or think the problem is too big for an individual to solve.
“Citizens have the power to improve their environment, they just need to the right tools and knowledge,” she said.
Baptista, who grew up in the Ironbound neighborhood of Newark, said low-income communities like Newark, Camden and Trenton have fallen victim to environmental injustice.
Those areas have disproportionately high amounts of pollution for many reasons, including the concentration of refineries and chemical companies in their communities.
“We make believe those places don’t exist so we don’t have to confront what those places tell us about the issues with our society,” she said.
It is shameful how a zip code can determine how long its residents live, Baptista said.
Part of the reason for this relates to America’s housing discrimination history and how public housing was built in this country.
Until recent years, a person’s race determined where they could purchase a house, raise children and send their children to schools.
It took 200 years of state action to develop these racialized communities, so it will not be easy to recognize those patterns and undo these actions to get to the heart of environmental justice, she said.
Citizens and communities must align themselves together to encourage the formation of citizen advisory groups as well as work to devise and push innovative legislation to encourage environmental justice.
“Places like Newark do not exist without places like Short Hills,” Baptista said.
The New Jersey Environmental Protection Agency has decided to invite community, non-profit and industry stakeholders to settle their differences and come up with a set of recommendations to improve environmental laws.
This process involved monthly, full-day meetings in Trenton, N.J. Usually only one or two community group representatives volunteer their time to attend the meetings, as opposed to five or six industry members who are hired to attend.
Additionally, Baptista explained that different levels of access to information and resources lead to a further power imbalance.
While the EPA is making an effort, it has created a process that looks fair at face value, but is not truly democratic.
Taylor emphasized the importance of media coverage in environmental injustice, and she said citizens could take part in their communities as community legislators, leaders and journalists.
Knowledge is power — someone needs to tell the story in an accurate and thorough fashion, and citizen journalists can frame the environmental issues in the larger context of their implications.
In a panel, Nicky Sheats, director of the Center for the Urban Environment at Thomas Edison State College, spoke about fine particulate matter in air pollution.
He said some airborne particles are small enough to penetrate deep into a person’s lungs and kill them.
These fine PM air particles cause 200,000 premature deaths every year. They are emitted from smokestacks and the diesel engines in trucks and buses.
Sheats noted these particulates are found in disproportionately high amounts in low-income black communities.
Andrew Kricun, executive director and chief engineer of the Camden County Municipal Utilities Authority, talked about wastewater management and discussed how the Camden County Municipal Utilities Authority has worked to improve the wastewater treatment plant in one of the nation’s poorest cities.
The plant, which serves 500,000 residents, lies just 100 yards from a residential neighborhood. For many years, the plant emitted a disturbing odor to the nearby community.
The CCMUA installed more than $50 million of new odor control systems and instituted a zero-tolerance policy with respect to odors.
The organization also formed Camden Stormwater Management and Resource Training, or Camden SMART, to reduce flooding in the city, because with every rainfall, sewage backs up into Camden’s streets and parks.
Robert Spiegel, executive director of the Edison Wetlands Association, said environmental justice is not just an idea, but also a 20-year-old Executive Order.
Former President Bill Clinton signed the order because he recognized environmental justice for low-income communities was falling short of the ideals of freedom and equity held by the founding fathers.
“Everyone should breathe clean air, drink clean water,” he said.
He discussed the communities of Ringwood and Long Branch, both of which are designated as environmental justice communities.
The citizens of Long Branch worked together and collaborate with the Edison Wetlands Association to deal with environmental issues, and received $200,000 in resources to address them.
Taylor said the conference brought together passionate activists trying to shine a spotlight on the environmental challenges that face the nation’s towns and cities.
“We hope participants will learn how to effectively educate the public and elected officials about the environmental challenges our cities and towns face as well as how to advance constructive solutions,” she said.

Face It! You Can’t Change Society Without Addressing Racism

takeaction_mn.jpg
Community members talk about how the criminal justice system contributes to Minnesota’s worst-in-the-nation racial jobs gap.
Photo Credit: TakeAction MN
Alternet, March 8, 2014
By Alyssa Figueroa
Growing up on the east side of St. Paul, Minnesota, Renee Zschokke was surrounded by racism, but didn’t even know it. Her crime-ridden neighborhood, enveloped in violence she fell victim to for a period of time, sparked a desire in her to pursue a career in criminal justice, in order to “lock up the bad guys.”
“I just wanted my communities to be safe,” she said.
But throughout her time in college and her job afterward as a state county employment counselor, Zschokke realized that crime isn’t so simple.
“If people aren’t granted housing and jobs, they just go back to doing what they have to do to survive,” she said. “It’s not as simple as coming down to the individual.”
As a counselor with limited resources for her clients, who are mostly black men, Zschokke said she wanted to do something to fight what she saw as structural racism. She realized that explicitly talking about race might be the missing key needed to resist these systematic barriers.
Talking openly about race has never been an easy way to organize for change, but Zschokke found an organization, TakeAction Minnesota, which is trying to do just that.
Bringing Race Into The Open
TakeAction MN is an affiliate of National People’s Action (NPA), a network of social justice groups that has been bringing a racial justice lens to their work since 2010. NPA established a structural racism program four years ago to help it deal explicitly with race and racial justice in its campaigns. NPA’s long-term agenda, its new organizing strategy created in 2012, clarifies the relationship between racial and economic justice, and seeks to create an economy that works for everyone. This means directly addressing all the structural blocks that divide the people.
“Community organizing has that history of ignoring things that are thought to be divisive or thought to wage differences in the base of people that we’re organizing,” said Bree Carlson, NPA’s structural racism program director. “So organizers tend to look for what is the common denominator and focus on that and try to minimize anything that could make their base break apart. So that has been pretty race-adverse — which is not to say that community organizing leaders don’t care about racism. It’s just harder to organize around something where people are going to feel wildly different about it. But the fact is, no matter how much that seems like a good idea in the short-term, it’s always going to haunt you in the long-term.”
For Zschokke, what this looks like with TakeAction MN is lots of one-to-one training focusing on how members or potential members’ stories interconnect.
“It’s so easy to think you’re not connected to community,” she said. “Basically what this comes down to is, this is my community. I may not be a person of color, but these are my friends, these are my neighbors.”
Over in Maine, another NPA affiliate called Maine People’s Alliance also focuses on how everyone is connected to racism, and also how racism intersects various other issues. Ben Chin, policy engagement director for Maine People’s Alliance, recounted one popular exercise where groups of members representing different issues each had a ball of yarn. They would toss the yarn to another group and explain how they were connected. When one group representing immigration tossed the yarn to another who represent toxic chemicals in consumer products, the group explained that people of color disproportionately have to buy products that cause cancer.
Chin said these exercises and discussions around race used to be bumpier than they are now.
“We did a lot of that hard work in the beginning,” Chin said. “And once that culture is set up, you don’t have to have as many of the stay-until-midnight, people-are-in-tears kind of conversations.”
Still, he added:
Every now and then you have people saying problematic things. The problems we run into now are your standard white well-meaning folks will kind of just say things that really make you cringe. And it’s not because they think they are doing a bad thing. Sometimes they think they are actually doing a really good, racially just thing, but the way that they’re talking is problematic. Usually what we try to do is say something in the moment so that everyone gets that that’s not how we think about things. And then we’ll try to talk afterward to folks and work it out.
When pressed for specific examples, Chin said he wished to respect members’ privacy. But he did say sometimes talking openly about divisive topics means losing members. Chin said these have been really tough moments for Maine People’s Alliance.
“There are some very real ways working-class folks have been pitted against each other because of race — we lost members by taking clear stances on this,” he said. “And at the time, it was really tough for all of us to see members go.… But I think what we found was we did fine without those members and we actually, also, were able to attract new members and a new staff that were very excited about the racial justice work we were doing.”
Helping Multiracial Organizations Evolve
Attracting new members and staff of color are two other goals of NPA. To create a multi-racial organization, Chin said, it’s important to invest in different pipelines for organizers. Traditionally, he said, leaders often rise from good performance as canvassers.
“But if you’re a young black man going out in Maine knocking on doors, it is just harder to fundraise,” Chin said. “If that’s our only pipeline for organizers, it’s just not going to work.”
They created a racial justice internship program as one way to open up these pipelines.
For TakeAction MN, building a diverse organization meant building a distinctive program — the Justice 4 All program — designed to tackle criminal justice reform and narrow the racial jobs gap. Perhaps its biggest success (which Zschokke helped organize) was the Ban the Box campaign, which banned the criminal history question on all employment applications throughout the state and led Target to do the same on its applications nationwide.
Justice 4 All program manager Justin Terrell said that while trying to appeal to people of color in a largely white organization, it’s important to create transformative relationships with groups led by communities of color. This will attract new members of color, so those fighting for justice are the ones affected by the injustices. “It doesn’t mean anything unless the people impacted by the issue are able to own the victory.”
Zschokke said she believes that determination also is key in building a diverse coalition.
“I think it’s just persistence — you have to have that,” she said. “Target your organizing in these communities. Don’t try to organize people you only feel comfortable organizing. You just can’t have well-intentioned white folks at the table that don’t have as much connections to the issue.”
As organizations get more diverse, Carlson said it’s important to maintain support for organizers of color. She said NPA organizes an annual staff of color retreat that creates a space about what’s actually going on—so the early hard work is not pushed to the side. NPA’s executive director George Goehl said that a foundation has been set up in the organization to help do this.
“There’s a network-wide conversation around race on all of those fronts and then there’s a people-of-color cohorts within NPA that are places where people can get mutual support, or can identify what are racial barriers within NPA and then we can open up a bigger conversation around them,” he said.
No Turning Back
NPA is supporting their organizers of color by making it known they they will fully back organizers’ work. Terrell, who is black, said TakeAction MN’s leadership has been extremely encouraging for him and the other organizers of color. He said the leadership makes clear that “for the members who can’t come forth with us on this path for racial justice, they will have to sort it out themselves.”
While part of NPA’s goal is to get white people to understand the effects of structural racism on themselves and their communities, Chin said that has its limitations. He learned that “if you wait until you got all the white people in your organization trained as having perfect racial justice analysis and saying all the right words before you actually start doing something, you’ll never actually do anything.”
He added:
The only way to really do this is to actually go out in the world and pitch in and start making it clear to your members internally and your staff internally and communities of color at large that we’re an organization that really cares about the lives of people of color, we get that racial justice really matters, and we’re here to pitch in. We’re not necessarily here to lead fights, but we can leverage resources that can be useful and strategic. And we want to work equitably and collaboratively with each other to win some things.
Chin said in order to win big over the long-term, it’s important to take clear stances on issues. Last year, he said, Maine People’s Alliance took a firm pro-choice position.
“I see that as part of this whole process of really learning how to tackle issues that otherwise would have been divisive and hard,” he said.
Chin said the old logic of staying away from controversial topics was the belief that they would divide the base. But this logic has transformed.
“I think the reason why our political thinking has changed over time is because you wake up 30 years later and you realize the very issues that were divisive—that they were actually a deliberate strategy of the Right,” he said. “And ignoring that strategy was not a good way to combat it because we were basically conceding to the Right, accepting those divisions and couldn’t build power as a result of it. Nor could we really organize around some of the fundamental things that were driving the economy.”

Nothing Left. The long, slow surrender of American liberals

From: Harper’s, March, 2014, pgs. 28-36.
Nothing Left
The long, slow surrender of American liberals
By Adolph Reed Jr.
For nearly all the twentieth century there was a dynamic left in the United States grounded in the belief that unrestrained capitalism generated unacceptable social costs. That left crested in influence between 1935 and 1945, when it anchored a coalition centered in the labor movement, most significantly within the Congress of Industrial Organizations (CIO). It was a prominent voice in the Democratic Party of the era, and at the federal level its high point may have come in 1944, when FDR propounded what he called "a second Bill of Rights." Among these rights, Roosevelt proclaimed, were the right to a "useful and remunerative job," "adequate medical care," and "adequate protection from the economic fears of old age, sickness, accident, and unemployment."
The labor-left alliance remained a meaningful presence in American politics through the 1960s. What have become known as the social movements of the Sixties — civil rights activism, protests against the Vietnam War, and a renewed women’s movement — were vitally linked to that egalitarian left. Those movements drew institutional resources, including organizing talents and committed activists, from that older left and built on both the legislative and the ideological victories it had won. But during the 1980s and early 1990s, fears of a relentless Republican juggernaut pressured those left of center to take a defensive stance, focusing on the immediate goal of electing Democrats to stem or slow the rightward tide. At the same time, business interests, in concert with the Republican right and supported by an emerging wing of neoliberal Democrats, set out to roll back as many as possible of the social protections and regulations the left had won. As this defensiveness overtook leftist interest groups, institutions, and opinion leaders, it increasingly came to define left-wing journalistic commentary and criticism. New editorial voices — for example, The American Prospect — emerged to articulate the views of an intellectual left that defined itself as liberal rather than radical. To be sure, this shift was not absolute. Such publications as New Labor Forum, New Politics, Science & Society, Monthly Review, and others maintained an oppositional stance, and the Great Recession has encouraged new outlets such as Jacobin and Endnotes. But the American left moved increasingly toward the middle.
Today, the labor movement has been largely subdued, and social activists have made their peace with neoliberalism and adjusted their horizons accordingly. Within the women’s movement, goals have shifted from practical objectives such as comparable worth and universal child care in the 1980s to celebrating appointments of individual women to public office and challenging the corporate glass ceiling. Dominant figures in the antiwar movement have long since accepted the framework of American military interventionism. The movement for racial justice has shifted its focus from inequality to "disparity," while neatly evading any critique of the structures that produce inequality.
The sources of this narrowing of social vision are complex. But its most conspicuous expression is subordination to the agenda of a Democratic Party whose center has moved steadily rightward since Ronald Reagan’s presidency. Although it is typically defended in a language of political practicality and sophistication, this shift requires, as the historian Russell Jacoby notes, giving up "a belief that the future could fundamentally surpass the present," which traditionally has been an essential foundation of leftist thought and practice. "Instead of championing a radical idea of a new society," Jacoby observes in The End of Utopia, "the left ineluctably retreats to smaller ideas, seeking to expand the options within the existing society."
Illustrations by Tim Bower
The atrophy of political imagination shows up in approaches to strategy as well. In the absence of goals that require long-term organizing — e.g., single-payer health care, universally free public higher education and public transportation, federal guarantees of housing and income security — the election cycle has come to exhaust the time horizon of political action. Objectives that cannot be met within one or two election cycles seem fanciful, as do any that do not comport with the Democratic agenda. Even those who consider themselves to the Democrats’ left are infected with electoralitis. Each election now becomes a moment of life-or-death urgency that precludes dissent or even reflection. For liberals, there is only one option in an election year, and that is to elect, at whatever cost, whichever Democrat is running. This modus operandi has tethered what remains of the left to a Democratic Party that has long since renounced its commitment to any sort of redistributive vision and imposes a willed amnesia on political debate. True, the last Democrat was really unsatisfying, but this one is better; true, the last Republican didn’t bring destruction on the universe, but this one certainly will. And, of course, each of the "pivotal" Supreme Court justices is four years older than he or she was the last time.
Why does this tailing behind an increasingly right-of-center Democratic Party persist in the absence of any apparent payoff? There has nearly always been a qualifying excuse: Republicans control the White House; they control Congress; they’re strong enough to block progressive initiatives even if they don’t control either the executive or the legislative branch. Thus have the faithful been able to take comfort in the circular self-evidence of their conviction. Each undesirable act by a Republican administration is eo ipso evidence that if the Democratic candidate had won, things would have been much better. When Democrats have been in office, the imagined omnipresent threat from the Republican bugbear remains a fatal constraint on action and a pretext for suppressing criticism from the left.
Exaggerating the differences between Democratic and Republican candidates, moreover, encourages the retrospective sanitizing of previous Democratic candidates and administrations. If only Al Gore had been inaugurated after the 2000 election, the story goes, we might well not have had the September 11 attacks and certainly would not have had the Iraq War — as if it were unimaginable that the Republican reaction to the attacks could have goaded him into precisely such an act. And considering his bellicose stand on Iraq during the 2000 campaign, he well might not have needed goading.
The stale proclamations of urgency are piled on top of the standard jeremiads about the Supreme Court and Roe v. Wade. The "filibuster- proof Senate majority" was the gimmick that spruced up the 2008 election cycle, conveniently suggesting strategic preparation for large policy initiatives while deferring discussion of what precisely those initiatives might be. It was an ideal diversion that gave wonks, would-be wonks, and people who just watch too much cable-television news something to chatter about and a rhetorical basis for feeling "informed." It was, however, built on the bogus premise that Democrat = liberal.
Most telling, though, is the reinvention of the Clinton Administration as a halcyon time of progressive success. Bill Clinton’s record demonstrates, if anything, the extent of Reaganism’s victory in defining the terms of political debate and the limits of political practice. A recap of some of his administration’s greatest hits should suffice to break through the social amnesia. Clinton ran partly on a pledge of "ending welfare as we know it"; in office he both presided over the termination of the federal government’s sixty-year commitment to provide income support for the poor and effectively ended direct federal provision of low-income housing. In both cases his approach was to transfer federal subsidies — when not simply eliminating them — from impoverished people to employers of low-wage labor, real estate developers, and landlords. He signed into law repressive crime bills that increased the number of federal capital offenses, flooded the prisons, and upheld unjustified and racially discriminatory sentencing disparities for crack and powder cocaine. He pushed NAFTA through over strenuous objections from labor and many congressional Democrats. He temporized on his campaign pledge to pursue labor-law reform that would tilt the playing field back toward workers, until the Republican takeover of Congress in 1995 gave him an excuse not to pursue it at all. He undertook the privatization of Sallie Mae, the Student Loan Marketing Association, thereby fueling the student-debt crisis.
Notwithstanding his administration’s Orwellian folderol about "reinventing government," his commitment to deficit reduction led to, among other things, extending privatization of the federal meat- inspection program, which shifted responsibility to the meat industry — a reinvention that must have pleased his former Arkansas patron, Tyson Foods, and arguably has left its legacy in the sporadic outbreaks and recalls that suggest deeper, endemic problems of food safety in the United States. His approach to health-care reform, like Barack Obama’s, was built around placating the insurance and pharmaceutical industries, and its failure only intensified the blitzkrieg of for-profit medicine.
In foreign policy, he was no less inclined than Reagan or George H. W. Bush to engage in military interventionism. Indeed, counting his portion of the Somali operation, he conducted nearly as many discrete military interventions as his two predecessors combined, and in four fewer years. Moreover, the Clinton Administration initiated the "extraordinary rendition" policy, under which the United States claims the right to apprehend individuals without charges or public accounting so that they can be imprisoned anywhere in the world (and which the Obama Administration has explicitly refused to repudiate). Clinton also increased American use of "privatized military services" — that is, mercenaries.
The nostalgic mist that obscures this record is perfumed by evocations of the Clinton prosperity. Much of that era’s apparent prosperity, however, was hollow — the effects of first the tech bubble and then the housing bubble. His administration was implicated in both, not least by his signing the repeal of the 1933 Glass-Steagall Act, which had established a firewall between commercial and investment banking in response to the speculative excesses that sparked the Great Depression. And, as is the wont of bubbles, first one and then the other burst, ushering in the worst economic crisis since the depression that had led to the passage of Glass-Steagall in the first place. To be sure, the Clinton Administration was not solely or even principally responsible for those speculative bubbles and their collapse. The Republican administrations that preceded and succeeded him were equally inclined to do the bidding of the looters and sneak thieves of the financial sector. Nevertheless, Clinton and the Wall Street cronies who ran his fiscal and economic policy — Robert Rubin, Lawrence Summers, Alan Greenspan — are no less implicated than the Republicans in having brought about the economic crisis that has lingered since 2008.
It is difficult to imagine that a Republican administration could have been much more successful in advancing Reaganism’s agenda. Indeed, Clinton made his predilections clear from the outset. "We’re Eisenhower Republicans here," he declared, albeit exasperatedly, shortly after his 1992 victory. "We stand for lower deficits, free trade, and the bond market. Isn’t that great?"
Taking into account the left’s disappearance into Democratic neoliberalism helps explain how and why so many self-proclaimed leftists or progressives — individuals, institutions, organizations, and erstwhile avatars of leftist opinion such as The Nation — came to be swept up in the extravagant rhetoric and expectations that have surrounded the campaign, election, and presidency of Barack Obama.
Obama and his campaign did not dupe or simply co-opt unsuspecting radicals. On the contrary, Obama has been clear all along that he is not a leftist. Throughout his career he has studiously distanced himself from radical politics. In his books and speeches he has frequently drawn on stereotypical images of leftist dogmatism or folly. When not engaging in rhetorically pretentious, jingoist oratory about the superiority of American political and economic institutions, he has often chided the left in gratuitous asides that seem intended mainly to reassure conservative sensibilities of his judiciousness — rather as Booker T. Washington used black chicken-stealing stereotypes to establish his bona fides with segregationist audiences. This inclination to toss off casual references to the left’s "excesses" or socialism’s "failure" has been a defining element of Brand Obama and suggests that he is a new kind of pragmatic progressive who is likely to bridge — or rise above — left and right and appeal across ideological divisions. Assertions that Obama possesses this singular ability contributed to the view that he was electable and, once elected, capable of forging a new, visionary, postpartisan consensus.Illustration by Tim Bower
This feature of Brand Obama even suffused the enthusiasm of those who identify as leftists, many of whom at this point would like to roll up their past proclamations behind them. Here was a nominal progressive who actually could win the presidency, clearing the electoral hurdle that Jesse Jackson, Ralph Nader, and other protest candidates could not. Yet few acknowledged the extent to which Obama’s broad appeal hinged on his disavowals of left "excesses." What kind of "progressive" pursues a political strategy of distancing himself from the left by rehearsing hackneyed conservative stereotypes? Even granting the never-quite-demonstrated assertion that Obama is, in his heart of hearts, committed to a progressive agenda (a trope familiar from the Clinton Administration, we might recall), how would a coalition built on reassuring conservatives not seriously constrain his administration?
The generalities with which Obama laid out his vision made it easy to avoid such questions. His books are not substantive articulations of a social program but performances in which his biographical narrative and identity stands in for a vaguely transformational politics. Sometimes this projection has been not so subtle. In an interview with the journalist James Traub a year before the election, Obama averred: "I think that if you can tell people, ‘We have a president in the White House who still has a grandmother living in a hut on the shores of Lake Victoria and has a sister who’s half Indonesian, married to a Chinese-Canadian,’ then they’re going to think that he may have a better sense of what’s going on in our lives and in our country. And they’d be right."
Unsurprisingly, therefore, there is little with which to disagree in those books. They meant to produce precisely that effect. Matt Taibbi characterized Obama’s political persona in early 2007 as
an ingeniously crafted human cipher, a man without race, ideology, geographic allegiances, or, indeed, sharp edges of any kind. You can’t run against him on issues because you can’t even find him on the ideological spectrum. Obama’s "Man for all seasons" act is so perfect in its particulars that just about anyone can find a bit of himself somewhere in the candidate’s background, whether in his genes or his upbringing…. [H]is strategy seems to be to appear as a sort of ideological Universalist, one who spends a great deal of rhetorical energy showing that he recognizes the validity of all points of view, and conversely emphasizes that when he does take hard positions on issues, he often does so reluctantly.
Taibbi described Obama’s political vision as "an amalgam of Kennedy, Reagan, Clinton and the New Deal; he is aiming for the middle of the middle of the middle." Taibbi is by no means alone in this view; others have been more sharply critical in drawing out its implications, even during the heady moment of the 2008 campaign.Illustration by Tim Bower
Nearer the liberal mainstream, Paul Krugman repeatedly demonstrated that many of candidate Obama’s positions and political inclinations were not only inconsistent with the hyperbolic rhetoric that surrounded the campaign but were moreover not even especially liberal. When in a June 2008 issue of The Nation Naomi Klein expressed concern about Obama’s profession of love for the free market and his selection of very conventionally neoliberal economic advisers, Krugman responded rather waspishly, "Look, Obama didn’t pose as a Nation-type progressive, then turn on his allies after the race was won. Throughout the campaign he was slightly less progressive than Hillary Clinton on domestic issues — and more than slightly on health care. If people like Ms. Klein are shocked, shocked that he isn’t the candidate of their fantasies, they have nobody but themselves to blame." As early as 2006, Ken Silverstein noted in these pages that the rising star’s extensive corporate and financial-sector connections suggested that his progressive supporters should rein in their hopes. Larissa MacFarquhar, in a 2007 New Yorker profile, also gave reason for restraint to those projecting "transformative" expectations onto Obama. "In his view of history," she reports, "in his respect for tradition, in his skepticism that the world can be changed any way but very, very slowly, Obama is deeply conservative…. Asked whether he has changed his mind about anything in the past twenty years, he says ‘I’m probably more humble now about the speed with which government programs can solve every problem.’ "
These and other critics, skeptics, and voices of caution were largely drowned out in the din of the faithful’s righteous fervor. Some in the flock who purported to represent the campaign’s left flank, such as the former SDS stalwart Carl Davidson and the professional white antiracist Tim Wise, denounced Obama’s critics as out-of-touch, pie- in-the-sky radicals who were missing the train of history because they preferred instead to wallow in marginalization. This response is a generic mantra of political opportunists. Some who called for climbing on the bandwagon insisted that Obama was a secret progressive who would reveal his true politics once elected. Others relied on the familiar claim that actively supporting the campaign — as distinct from choosing to vote for him as yet another lesser evil — would put progressives in a position to exert leftward pressure on his administration.
Again and again, perfectly sentient adults cited the clinching arguments made on the candidate’s behalf by their children. We were urged to marvel at and take our cues from the already indulged upper- middle-class Children of the Corn and their faddish, utterly uninformed exuberance. And it was easy to understand why so many of them found Obama to be absolutely new under the sun. To them he was. A twenty-five-year-old on November 4, 2008, was a nine-year-old when Bill Clinton was first elected, ten when he pushed NAFTA through Congress, thirteen when he signed welfare "reform," and sixteen when he signed the Financial Services Modernization Act of 1999, which repealed Glass-Steagall.
Obama’s miraculous ability to inspire and engage the young replaced specific content in his patter of Hope and Change. In the same way that he and his supporters presented his life story as the embodiment of a politics otherwise not clearly defined, the projection of inspired youth substituted a narrative of identity — and a vague and ephemeral one at that — for argument. Those in Obama’s thrall viewed his politics as qualitatively different from Bill Clinton’s, even though the political niche Obama had crafted for himself only deepened Clintonism. Of course, perception of Obama’s difference from the Clintons and other Democratic contenders past and present was bound up in his becoming the first black president, the symbolic significance of which far outweighed the candidate’s actual politics. Thus, for instance, the philosopher Slavoj Aižek, usually not a faddish enthusiast, proclaimed just after the 2008 presidential election that
Obama’s victory is not just another shift in the eternal parliamentary struggle for a majority, with all the pragmatic calculations and manipulations that involves. It is a sign of something more…. Whatever our doubts, for that moment [of his election] each of us was free and participating in the universal freedom of humanity…. Obama’s victory is a sign of history in the triple Kantian sense of signum rememorativum, demonstrativum, prognosticum. A sign in which the memory of the long past of slavery and the struggle for its abolition reverberates; an event which now demonstrates a change; a hope for future achievements.
Nevertheless, Obama could not have sold his signature "bipartisan" transcendence so successfully to those who identify as leftists if Clinton had not already moved the boundaries of liberalism far enough rightward. Obama’s posture of judiciousness depends partly on the ritual validation of bromides about "big government," which he typically evokes through resonant phrases rather than through affirmative argument that might ring too dissonantly with his leftist constituents. He can finesse the tension with allusions because Clinton, in his supposed "New Covenant" from a "New Democrat," had already severed the link between Democratic liberalism and vigorous, principled commitment to the public sector.
* In a 2008 speech to a mostly African-American audience in the city of Beaumont, Texas, Obama scolded his listeners about feeding junk food to children: "Y’all have Popeyes out in Beaumont? I know some of y’all you got that cold Popeyes out for breakfast. I know. That’s why y’all laughing…. You can’t do that. Children have to have proper nutrition. That affects also how they study, how they learn in school."
Obama also relies on nasty, victim-blaming stereotypes about black poor people to convey tough-minded honesty about race and poverty. Clinton’s division of the poor into those who "play by the rules" and those who presumably do not, his recasting of the destruction of publicly provided low-income housing and the forced displacement of poor people as "Moving to Opportunity" and "HOPE," and most of all his debacle of "welfare reform" already had helped liberal Democrats to view behavior modification of a defective population as the fundamental objective of antipoverty policy. Indeed, even ersatz leftists such as Glenn Greenwald, then of Salon.com, and The Nation’s Katrina vanden Heuvel defended and rationalized Obama’s willingness to disparage black poor people. Greenwald applauded the candidate for making what he somehow imagined to be the "unorthodox" and "not politically safe" move of showing himself courageous enough to beat up on this politically powerless group. For her part, vanden Heuvel rationalized such moves as his odious "Popeyes chicken" speech as reflective of a "generational division" among black Americans, with Obama representing a younger generation that values "personal responsibility."* Perhaps, but it’s noteworthy that Obama didn’t give the Popeyes speech to groups of investment bankers.
Obama’s reflexive disposition to cater first to his right generally has been taken in stride as political necessity or even applauded as sagacious pragmatism. Defenses of Obama’s endorsements of the likes of John Barrow, a conservative Democrat from Georgia, and the Republican turncoat senator Arlen Specter of Pennsylvania over more liberal Democrats rest on the assumption that Democrats can win only by operating within a framework of political debate set by the right and attempting to produce electoral majorities by triangulating constituencies. At least since Bill Clinton’s 1992 campaign, "serious" Democratic candidates have insisted that, because appealing to the right’s agenda is necessary to win, the responsible left must forgo demands for specific policies or programs as quid pro quo for their support. As its reaction to left criticism of his approach to health- care reform illustrated, the Obama Administration defines as "responsible" those who support it without criticism; those who do not are by definition the "far left" and therefore dismissible. To complete the dizzying ideological orbit, this limitation has been sold as evidence of the importance of subordinating all other concrete political objectives to the project of electing more Democrats, on the premise that the more of them we elect, the greater the likelihood that a majority will be amenable to embracing a leftist program.
Anticipation of jobs and "access" — the crack cocaine (or, more realistically, powder cocaine) of the interest-group world — helps to make this scam more alluring, especially among those who have nurtured their aspirations in elite universities or the policy-wonk left or both. Such aspirants can be among the most adamant in denouncing leftist criticism of the Democrat of the moment as irresponsible and politically immature.
But if the left is tied to a Democratic strategy that, at least since the Clinton Administration, tries to win elections by absorbing much of the right’s social vision and agenda, before long the notion of a political left will have no meaning. For all intents and purposes, that is what has occurred. If the right sets the terms of debate for the Democrats, and the Democrats set the terms of debate for the left, then what can it mean to be on the political left? The terms "left" and "progressive" — and in practical usage the latter is only a milquetoast version of the former — now signify a cultural sensibility rather than a reasoned critique of the existing social order. Because only the right proceeds from a clear, practical utopian vision, "left" has come to mean little more than "not right."
The left has no particular place it wants to go. And, to rehash an old quip, if you have no destination, any direction can seem as good as any other. The left careens from this oppressed group or crisis moment to that one, from one magical or morally pristine constituency or source of political agency (youth/students; undocumented immigrants; the Iraqi labor movement; the Zapatistas; the urban "precariat"; green whatever; the black/Latino/LGBT "community"; the grassroots, the netroots, and the blogosphere; this season’s worthless Democrat; Occupy; a "Trotskyist" software engineer elected to the Seattle City Council) to another. It lacks focus and stability; its metier is bearing witness, demonstrating solidarity, and the event or the gesture. Its reflex is to "send messages" to those in power, to make statements, and to stand with or for the oppressed.
This dilettantish politics is partly the heritage of a generation of defeat and marginalization, of decades without any possibility of challenging power or influencing policy. So the left operates with no learning curve and is therefore always vulnerable to the new enthusiasm. It long ago lost the ability to move forward under its own steam. Far from being avant-garde, the self-styled left in the United States seems content to draw its inspiration, hopefulness, and confidence from outside its own ranks, and lives only on the outer fringes of American politics, as congeries of individuals in the interstices of more mainstream institutions.
With the two parties converging in policy, the areas of fundamental disagreement that separate them become too arcane and too remote from most people’s experience to inspire any commitment, much less popular action. Strategies and allegiances become mercurial and opportunistic, and politics becomes ever more candidate-centered and driven by worshipful exuberance about individuals or, more accurately, the idealized and evanescent personae — the political holograms — their packagers project.
As the "human cipher" Taibbi described, Obama is the pure product of this hollowed-out politics. He is a triumph of image and identity over content; indeed, he is the triumph of identity as content. Taibbi misreads how race figures into Brand Obama. Obama is not "without" race; he embodies it as an abstraction, a feel-good evocation severed from history and social relations. Race is what Obama projects in place of an ideology. His racial classification combines with a narrative of self-presentation, including his past as a "community organizer," to convey a sensation of a politics, much as advertising presents a product as the material expression of inchoate desire. This became the basis for a faith in his virtue that largely insulated him from sharp criticism from the left through the first five years of his presidency. Proclamation that Obama’s election was, in Aižek’s terms, a "sign in which the memory of the long past of slavery and the struggle for its abolition reverberates" was also a call to suspend critical judgment, to ascribe to the event a significance above whatever Obama stood for or would do.
In fact, Obama was able to win the presidency only because the changes his election supposedly signified had already taken place. His election, after all, did not depend on disqualifying large chunks of the white electorate. As things stand, his commitments to an imperialist foreign policy and Wall Street have only more tightly sealed the American left’s coffin by nailing it shut from the inside. Katrina vanden Heuvel pleads for the president to accept criticism from a "principled left" that has demonstrated its loyalty through unprincipled acquiescence to his administration’s initiatives; in a 2010 letter, the president of the AFL-CIO railed against the Deficit Commission as a front for attacking Social Security while tactfully not mentioning that Obama appointed the commission or ever linking him to any of the economic policies that labor continues to protest; and there is even less of an antiwar movement than there was under Bush, as Obama has expanded American aggression and slaughter into Pakistan, Yemen, Somalia, and who knows where else.
Barack Obama has always been no more than an unexceptional neoliberal Democrat with an exceptional knack for self-presentation persuasive to those who want to believe, and with solid connections and considerable good will from the corporate and financial sectors. From his successful wooing of University of Chicago and Hyde Park liberals at the beginning of his political career, his appeal has always been about the persona he projects — the extent to which he encourages people to feel good about their politics, the political future, and themselves through feeling good about him — than about any concrete vision or political program he has advanced. And that persona has always been bound up in and continues to play off complex and contradictory representations of race in American politics.
Particularly among those who stress the primary force of racism in American life, Obama’s election called forth in the same breath competing impulses — exultation in the triumphal moment and a caveat that the triumph is not as definitive as it seems. Proponents of an antiracist politics almost ritualistically express anxiety that Obama’s presidency threatens to issue in premature proclamation of the transcendence of racial inequality, injustice, or conflict. It is and will be possible to find as many expressions of that view as one might wish, just as lunatic and more or less openly racist "birther" and Tea Party tendencies have become part of the political landscape. An equal longer-term danger, however, is the likelihood that we will find ourselves with no critical politics other than a desiccated leftism capable only of counting, parsing, hand-wringing, administering, and making up "Just So" stories about dispossession and exploitation recast in the evocative but politically sterile language of disparity and diversity. This is neoliberalism’s version of a left. Radicalism now means only a very strong commitment to antidiscrimination, a point from which Democratic liberalism has not retreated. Rather, it’s the path Democrats have taken in retreating from a commitment to economic justice.
Confusion and critical paralysis prompted by the racial imagery of Obama’s election prevented even sophisticated intellectuals like Aižek from concluding that Obama was only another Clintonite Democrat — no more, no less. It is how Obama could be sold, even within the left, as a hybrid of Martin Luther King Jr. and Neo from The Matrix. The triumph of identity politics, condensed around the banal image of the civil rights insurgency and its legacy as a unitary "black liberation movement," is what has enabled Obama successfully to present himself as the literal embodiment of an otherwise vaporous progressive politics. In this sense his election is most fundamentally an expression of the limits of the left in the United States — its decline, demoralization, and collapse.
The crucial tasks for a committed left in the United States now are to admit that no politically effective force exists and to begin trying to create one. This is a long-term effort, and one that requires grounding in a vibrant labor movement. Labor may be weak or in decline, but that means aiding in its rebuilding is the most serious task for the American left. Pretending some other option exists is worse than useless. There are no magical interventions, shortcuts, or technical fixes. We need to reject the fantasy that some spark will ignite the People to move as a mass. We must create a constituency for a left program — and that cannot occur via MSNBC or blog posts or the New York Times. It requires painstaking organization and building relationships with people outside the Beltway and comfortable leftist groves. Finally, admitting our absolute impotence can be politically liberating; acknowledging that as a left we have no influence on who gets nominated or elected, or what they do in office, should reduce the frenzied self-delusion that rivets attention to the quadrennial, biennial, and now seemingly permanent horse races. It is long past time for us to begin again to approach leftist critique and strategy by determining what our social and governmental priorities should be and focusing our attention on building the kind of popular movement capable of realizing that vision. Obama and his top aides punctuated that fact by making brutally apparent during the 2008 campaign that no criticism from the left would have a place in this regime of Hope and Change. The message could not be clearer.

Rutgers Report Says State Shares Blame for Problems With Fired Sandy Contractor

2323

Credit: Governor’s Office/Tim Larsen

Three months after the Christie administration secretly fired a Louisiana-based firm that had been awarded the state’s largest post-Hurricane Sandy contract to distribute reconstruction funds to homeowners, authors of a new Rutgers University report on governmental oversight say the state — and not the contractor — may ultimately be to blame for substantial cost overruns and poor service.

“There’s a stunning lack of effective oversight in the state,” lead author Janice Fine told reporters on a conference call yesterday to announce the report’s findings. The state’s lack of contractor oversight caused it to fail in its “duty of protecting vulnerable citizens from poor service and taxpayers from wasted funds,” she said.

Fine and other speakers said that the Sandy contractor, Hammerman & Gainer International (HGI), serves as one of countless examples that indicate a broad pattern of neglect by the state to properly staff, fund, and set policy for contract management. Not only is this “a matter of life and death” for residents who rely on outsourced social services like mental health, child-abuse prevention, and monitored prisoner release, they said, it cost Sandy victims and taxpayers undue anguish and expense.

According to Fair Share Housing Center lead attorney Adam Gordon, who joined the call because he looked into complaints against HGI, homeowners seeking answers and financial aid were exposed to a “chaotic and error-ridden process” that denied claims from African-Americans and Hispanics at more than double the rates of whites. He said HGI never filed any required weekly or monthly reports or held a mandated series of meetings with the Department of Community Affairs (DCA), while the treasury department never set up an integrity monitor called for by the Legislature.

“The state ends up spending tens of millions of dollars and doesn’t get the results of getting people into their homes,” he said.

Several weeks after facing criticism for hiring, then quietly firing HGI with scant explanation, the administration fired a second contractor hired to oversee Sandy housing funds. Before that, Fair Share had found that three-quarters of Sandy appeals filed against URS Corp. had been won.

Yesterday, however, Gov. Chris Christie celebrated a victory following what had been a string of questions about other contractors he’d hired to manage hurricane recovery. The U.S. Homeland Security Office of the Inspector declared in an audit report that the administration had acted appropriately in hiring the politically connected AshBritt to clean up debris in a no-bid process.

Although the post-Sandy contracts gave researchers from Rutgers some meaty cases to examine, they’d already been at work on the study before Hurricane Sandy hit in 2012. Even though they say these types of problems started before Christie — and his predecessor Jon Corzine — took office, they decided to explore the topic after Christie received recommendations from a task force he’d set up to study expanded privatization of governmental functions. What they found was that the dysfunction runs deep and the blame spreads far.

Key Finding One: Short Staff

“At the core of the problem,” admonishes the report, “is a complete lack of priority given to oversight despite a preference for contracted service provision.” Illustrating the issue, according to the authors, is a profound shortage of staff to manage the state’s third-party contracts. Case in point: New Jersey lost 36,319 state employees between 2004 and 2011. Among them were almost half the workforce of the Office of Information Service, which provides the data necessary for oversight; half the health department’s Office of Auditing; and half the employees at the Department of Transportation. This at a time when the value of contracts remained steady overall.

Noted Fine, “When we went to the various agencies to do our research we would pass empty carrel after empty carrel. One person couldn’t possibly handle the number of contracts they were supposed to be handling.”

This, the report finds, leads to a yawning gap in capacity to handle any of the four identified elements of contractor oversight: staffing and training; contract-costing and design; communication between contractors and managers; and monitoring and delineation of benchmarks or performance standards.

Key Finding Two: No Protocols

But the fault doesn’t just lie with attrition, the report found. A lack of protocol makes the problem worse. No budgetary mechanisms exist to provide resources for oversight, and no state agency oversees the monitors within individual departments. The State Commission of Investigation (SCI), the Independent Office of the State Comptroller (OSC) and the legislative Office of the State Auditor (OSA) have varying degrees of authority to check in but have few mandates or resources to do so.

“As a consequence, largely what we have is oversight by audit and expose, which only catches problems after they arise and in many cases only once they have become quite severe,” reads the report.

When an agency does have a mandate to handle contracts in other departments, loopholes can too often stymie the outcome. For instance, according to the report, the Department of Public Purchasing (DPP), which has chief responsibility for procurement, enforces just the bidding part of the process.

And within this narrow realm, the DPP only accounts for an estimated half of the state’s outside contracts and can’t interfere with services contractors provide directly to citizens. Had this not been the case, report authors argue, the state may have selected different operators to manage the Department of Correction’s Residential Community Release Program — a program that has gained notoriety for releasing two inmates since 2010 who committed murder while enrolled.

“As a result of this exemption, regulations governing the contracting process for these critical services are left to the individual departments. While some departments have created their own regulations, others have not. In all cases, the regulations fail to ensure sufficient protections,” the report reads.

Recommendations

The authors, who hail from the university’s Department of Labor Studies and Employment Relations in New Brunswick and the Department of Public Policy and Administration in Camden, offer a host of recommendations on both the statutory and regulatory side.

Among them, the state should: + Put all human services contracts out for rebid every three years.

Cover all state contract managers, state employees, contractors, and contractors’ employees under whistle-blower protection laws.

Restrict contractors and outside parties from managing their own oversight.

Require agencies to conduct a cost comparison before letting any contract.

Standardize language for Requests For Proposals (RFPs).

Eliminate the DPP exception for third-party contracts

Create a centralized system that contains data to hold contractors accountable for previous actions. And lawmakers should:

Ensure that service contracts contain enough money to pay for oversight (20 percent of a contract’s cost is suggested).

Rebuild Trenton’s contract management corps with staff that possesses expertise in contracts and the “substantive area of the agency.”

Establish an ombudsman for the Department of Human Services.

Make SCI’s recommendations binding under certain circumstances.

National Perspective and Next Steps

Donald Cohen, executive director of In the Public Interest, a national research organization working on issues of privatization and responsible contracting that helped fund the study, ranked it as among the most comprehensive in the country. New Jersey’s oversight landscape may be rocky, he said, but it’s not much different from others.

“We’ve found this inadequacy is not unique to New Jersey. We see examples every week,” he said.

In Utah, for instance, it was discovered that the company running online charter schools was overcharging taxpayers, and in Florida and California, the same company botched unemployment checks generated from online claim filings.

Now that new Jersey’s problems have been highlighted, he said, “The Legislature has the information it needs to pass legislation for New Jersey taxpayers to get what they pay for,” he said.

Fine said she and fellow researchers have already held several positive meetings with members of the General Assembly, including the Senate Legislative Oversight Committee led by Bob Gordon (D-Fair Lawn). Gordon’s office couldn’t be reached for comment, but Fine characterized him as excited about the ideas outlined in the study.

She added that despite privatization’s status as a controversial, sometimes partisan issue, the report makes clear that blame lies with both parties, and that she and fellow authors believe privatization can work for the betterment of the state’s residents as long as the motivations remain pure and the management becomes more effective.

As the authors summarize in the report, they believe “the simple principle that quality oversight should be seen not as a luxury to be dispensed with in the face of austerity but as an inseparable element of the contracting process.”

The NJ AFL-CIO, which represents Rutgers faculty, helped fund the study.

DCA spokesperson Lisa Ryan responded to the study by saying that the agency has been using the Manhattan accounting firm CohnReznick “as an extension of DCA’s internal audit group.”

“They are responsible for ensuring that the Sandy recovery programs managed by DCA meet and comply with applicable state and federal regulations and are assisting with contract-related issues,” she said in an email.

Christie spokesperson Michael Drewniak said the governor’s office had no comment on the report.