"You look beautiful," shouted more than one speaker to the crowd that
gathered in New York's Central Park on Sunday, October 6, to protest
Out in the countryside is where you'll find America's true leaders--the
gutsy, scrappy, sometimes scruffy and always ingenious grassroots
agitators and organizers who go right into the face of
With its future at stake, the ILWU will not go down without a fight.
On October 4 Ralph Nader's "Take it to The Street" campaign staged a rally on Wall Street against corporate corruption.
October surprises are built into our system, since elections come in
November. Cliffhanger movies in Hollywood's old days could not have
staged it better.
Although he does not record CDs, Robin Kelley may well be the hippest
intellectual in the land. There is plenty of substance to ground the
On August 1, 2000, Philadelphia police rounded up seventy-five activists inside a West Philadelphia warehouse. It was the second day of the Republican National Convention, and the activists had been making papier-mâché puppets, which they planned to use during street demonstrations. The Philadelphia district attorney ultimately charged the activists with a slew of misdemeanors, including conspiracy to obstruct the law and resisting arrest. These self-anointed puppetistas were kept in jail until after the Republicans had dropped the last of their balloons from the First Union Center rafters.
Ultimately, charges against all the puppet makers were dismissed. Last summer more than a third of them sued the city over alleged violations of their civil rights. They assumed their cases would be strong enough to net not only substantial cash payments but significant reform in the police department. Now it looks like they'll be getting neither.
The reason, they say, is the unusually aggressive tactics of the law firm representing the city in these cases. Hangley Aronchick Segal & Pudlin attempted to depose plaintiffs' lawyers, arguing that they encouraged protesters to engage in civil disobedience, get themselves arrested and clog the city's jails. The firm has subpoenaed activists' address books, personal tax records and entire computer hard drives. Its lawyers hired investigators to question former spouses and flew across the country to interrogate witnesses.
About twenty-seven civil suits stemming from puppet warehouse arrests are now being settled out of court. A transcript from a June 18 hearing spells out the details of the agreement for twenty-four of the cases, which have been consolidated under Traci Franks v. the City of Philadelphia. It says that plaintiffs agree to accept $72,000, which will be divvied up between two nonprofit groups: the Spiral Q Puppet Theater and Books Through Bars. The figure was derived by awarding $3,000 to each of the twenty-four plaintiffs. (Separate settlements are being negotiated for the suits filed by warehouse owner Michael Graves and two other activists.)
In July the Traci Franks file was sealed, and a gag order forbids any of the parties involved from discussing details. But whatever the final dollar amount ends up being, the settlement agreement won't drain city coffers of a dime because it's all covered by insurance.
The host committee for the RNC, a group of high-profile Philadelphians, paid $100,000 for an insurance policy seven months prior to the convention. The policy specifically covers up to $3 million for personal injury arising from claims of false arrest and wrongful imprisonment, malicious prosecution and violation of civil rights. The insurer, Lexington Insurance Company in Boston, hired Hangley Aronchick to handle the civil suits. During the June 18 hearing Hangley Aronchick attorney David Wolfsohn implied that the insurance carrier may even be able to claim a tax deduction for contributing the $72,000 settlement to charity.
Many activists agreed to settle because they fear that turning over more e-mails and meeting minutes to city attorneys could compromise future legal protests, should documents wind up in government hands. They also decided to throw in the towel when it became clear the city would not agree to a reform of police procedures. In this post-September 11 world, law enforcement agencies are expanding their scope, not narrowing it.
People embarked on these suits to get injunctive relief, says Kris Hermes, a member of for the R2K Legal Collective. Because that wasn't happening, there was less incentive to carry on.
Plus, plaintiffs are doubtful a jury would be sympathetic to political dissenters, given the current political climate. "There is a deep desire on the part of many Americans to see police officers as the bulwark protecting them, and they don't want to confront anything indicating officers have the power to abuse us," says Pennsylvania ACLU legal director Stefan Presser.
But the biggest obstacle is that the activists' attorneys want out as quickly as possible. They accepted the puppetista cases on contingency fees, and they simply can't keep pace with a major law firm eager to rack up billable hours.
Angus Love, director of the Pennsylvania Institutional Law Project, was subpoenaed and deposed by Hangley Aronchick because he worked as a legal observer during the RNC. He says the city usually does a half-assed job of litigating these cases. "But now we have a private law firm that is used to a higher level of attack," Love says. Wolfsohn is going after political protesters as if they were right-wing terrorists.
Attorneys on both sides of the lawsuits, as well as Philadelphia officials, declined to comment for this story. At the time of the warehouse raid, however, Mayor John Street was vocal on the subject. As hundreds of criminal charges were being processed on August 2, 2000, Street told reporters that he fully expected the city to be sued. "But we expect that we will defend the city.... We will defend our police department to the Supreme Court if necessary," he said.
Presser was among the attorneys Hangley Aronchick had hoped to depose. He characterizes the request as extremely unusual, noting only one similar situation during his twenty years of practicing law. Hangley Aronchick has also subpoenaed people ranging from well-known activists to plaintiffs' relatives.
Matthew Hart, the director of the Spiral Q Puppet Theater, was ordered to turn over all his e-mails, date books and phone records. He characterizes his oral deposition as bizarre and perfunctory.
"Attorneys for the city inferred this massive conspiracy that I don't even think the people involved had the capacity to pull off," Hart says. "I think their biggest intention was to move as slowly as possible and bill more hours."
Traci Schlesinger, the lead plaintiff in the consolidated suit, says her deposition brought to mind the McCarthy era.
"It seemed as though he hoped to prove I was an anarchist, and then it would be legitimate for police to arrest me," Schlesinger says.
In some parts of China, local officials keep track of women's menstrual periods. We haven't come to that, but anyone who thinks women's reproductive and sexual privacy is secure in America wasn't following the news this summer.
The political establishment is not united behind the Bush
Administration's policy of forced "regime change" in Iraq. The rest of
the world, and a good part of the American public, are also unconvinced.
Make your voice heard. Write your elected officials in Washington urging
them to show restraint and respect for international opinion (contact
information at www.congress.com). Help make the war against Iraq a key
issue in this fall's Congressional elections--see how in ten steps at
the website of the National Network to End the War Against Iraq, an
umbrella group of more than seventy peace and justice, student and
faith-based organizations (www.endthewar.org).
Sign an online petition opposing US adventurism in Iraq. One such
petition is sponsored by moveon.org, the citizen action group that in
1998 collected the signatures of more than a million people opposed to
the impeachment of President Clinton. Add your name to the Campaign of
Conscience Peace Pledge to Stop the Spread of War to Iraq, organized by
the American Friends Service Committee and the Fellowship of
Reconciliation, among others (www.peacepledge.org). Participate in one
of the antiwar marches and protests scheduled coast to coast. You can
find information on upcoming events at www.unitedforpeace.org, a new
site launched by Global Exchange. If you're planning an event or
teach-in, check out the Iraq Speakers Bureau (www.iraqspeakers.org), a
project of the Education for Peace in Iraq Center, which provides access
to policy experts, diplomats, former UN officials, human rights
activists and public health researchers.
See The Nation's special antiwar web page (www.thenation.comdirectory/view.mhtml?t=040307), where you can find a complete collection of relevant
Nation material. Also included are a list of nine critical
questions that can be clipped or copied for inclusion in letters to your
representatives, friends, newspaper editors and others, and a series of
activist and educational links.
he Powers That Be constantly try to keep the progressive majority
divided: workers against environmentalists, enviros against farmers,
farmers against consumers, consumers against workers, and around and
around it goes. As we squawk and squabble with each other, they scoot
off with ever more of our money and power, laughing all the way.
It's when we break this self-defeating circle that we put a little
progress back in "progressive," much to the consternation of those
Powers That Be, as we've seen recently with coalition efforts to pass
everything from living-wage ordinances to public financing of elections.
It's never easy to forge such coalitions--about like trying to load
frogs in a wheelbarrow--but it's essential to the development of a true
progressive movement that can be stronger than our separate parts.
If you were to map out a rational coalition strategy for a movement, you
probably wouldn't start by trying to link farmers and farmworkers, two
groups that have a long history of animosity and conflict. But
organizing a movement sometimes has less to do with rationality than it
does with creativity and opportunity, and, as Guadalupe Gamboa puts it,
"In times of trouble is when people are open to new ideas."
A Different Way
Lupe Gamboa is a regional director of the United Farm Workers of
America (UFW), and from his base in Washington State this grassroots
union leader knows plenty about times of trouble. The number-one crop
there is apples, mostly produced around the central Washington towns of
Wenatchee and Yakima. The apples are picked and packed by some 60,000
farmworkers, of whom 95 percent are Mexicans, averaging only $7,000 a
year in pay, with no benefits. They live in cramped and often squalid
housing, are constantly exposed to pesticides and suffer everything from
ruined backs to early death as they toil in one of America's most
So, time to strike against the apple growers, right?
No, says Gamboa and the UFW, we need a different way, because family
farmers are not really the power in this multibillion-dollar industry.
Indeed, farmers are suffering too, typically getting less money for
their apples than it costs to produce them, which means they're being
squeezed out of business. It's not that they're inefficient producers
but that, ironically, both the apple farmers and workers are literally
at the bottom of a food chain controlled by massive, monopolistic
middlemen dictating prices from far-away corporate headquarters.
In the big-business fresh-apple economy, those who do the most get the
least, which is perverse since, after all, an apple is an apple. From
tree to you, very little has to be done to it. Yet only a pittance of
what you pay in the supermarket trickles back to the actual producers.
Here's how today's apple dollar is sliced: Workers get 4 cents, the
farmer gets 7 cents, wholesalers and transporters take 21 cents and then
comes the hog. The retailers, dominated by Wal-Mart and Safeway, grab 68
cents of every dollar.
These powerhouses have consolidated and nationalized their purchasing
operations, eliminating regional buyers that dealt with individual
growers. This further concentrates the big chains' buying power.
Wal-Mart, now the largest grocery chain in the United States, proudly
proclaims that it offers "Low Prices, Always," but those low prices (and
high profits) are derived from its ability to bully the last dime from
suppliers and extract the last ounce of toil from labor. Someone down
the line always pays for Wal-Mart's cutthroat practices, and in apples
those someones are the hard-hit farmers and the oppressed farmworkers,
neither of whom Wal-Mart's ruling billionaires have to look in the eyes.
"Up to now we've been fighting with the employers," says Lupe Gamboa,
"but it's time to take on the retailers." Taking them on, however,
includes a positive and creative initiative that UFW is proposing: Fair
Trade Apples. Rather than surrender to the top-down restructuring of the
industry, the Fair Trade campaign creates an economic partnership among
the union, willing growers, retailers and consumers.
A Nickel's Worth of Fairness
At the heart of the plan is a Fair Trade price premium that would come
back to the growers and workers. Retailers would pay a bit extra per
pound, either eating this small increase or passing it along to us apple
buyers. Fair Trade Apples would bear stickers with the UFW's black eagle
symbol, certifying to consumers that these fruits allow the farmer to
earn a fairer return and workers to earn a fairer wage. As little as a
nickel-a-pound premium could make the difference, a negligible sum on a
high-volume, highly profitable grocery item.
The Fair Trade process begins in the orchards, where growers would agree
to a union contract assuring better wages, a small pension and safety
and health protections for apple workers. In turn, the farmers get an
able and stable work force, a certified UFW label on their apples that
carries special clout with consumers, and a premium price. Grocers get a
premium product that can generate extra sales and a ton of community
The key is you and me. As retailers have learned from organics, fair
trade coffee and no-sweat garments, there's a growing market of
consumers who care about how products are produced--care to the point
that they'll pay more if necessary. UFW is betting that we'll also be
there for apples, and it's planning a grassroots campaign through
churches, campuses, unions, consumer groups and other networks.
One grower of organic apples is on the verge of signing the first
contract, and some two dozen co-op grocers on the West Coast and in
Minnesota are prepared to be the first retailers to market them. If it
works with apples, it can work with other crops, solidifying the
farmer/farmworker coalition and bringing a measure of progress to fields
long barren of justice. To offer your support, contact the Fair Trade
Apple Campaign at (206) 789-1947 or email@example.com.