2021 Excuse of the Year: Moving Goal Posts

Expect an answer, get an accusation. Request specifics, get whataboutism. Ask for sources, listen to the claims of invalidated media. Try and catch even a hint of responsibility, and reach the end of the discussion hearing none.

We zig-zag, rather than discuss. We dodge debate like an NFL quarterback running for the end zone.

Sharing information is less about reading, considering, and proposing than about tossing headlines and social media posts at one another. We might as well bestow “Blame” and “Me” with special interest group status.

This has been the experience of many Americans lately, whether discussing restaurants, mandates, or Covid common sense. Co-workers, family, friends, and every other swingin’ TikTok in between argue over justifications and resentments, all of which leap from a narrow “yes” or “no.”

Agreeing to disagree isn’t what it used to be. Rarely are so many so proud of being so obstinate. It’s as if someone started a rewards programs for foot stomping and blindfolding. Trying to get a straight answer from a devout anti-vaxxer, for example, is like debating a barking dog.

Why?

Maybe we’re lazier now. It’s easier to follow a politician who exists on Likes, baiting, and tantrums than to read policy, and maybe frequently renewed health and science data has normalized our being unable to keep up. But someone’s got to, and too many Americans seem tired of caring: about public health and safety, about equity, and frankly, about each other.

Such a degeneration of discourse has worsened one of America’s current perfect storms. It has enabled our individual-obsessed, consumer natures, making it easier to anticipate less, expect more, and attach conditions to rare concessions.

“Yeah but..”

“Yeah but..”

“Yeah but..”

It’s no way to get anywhere and there’s no excuse for it, but such is the result of becoming a calculating, self-congratulatory, sound bite society.

I can only separate myself from the obscuring of accountability and the grinding down of fellowship when I remember to get character or become one.

Inmate-Convict-Felon-Guest?

“What’s in a name?” isn’t a trick question.
It’s a dumpster for opinions. 

Before Andrew Cuomo walked out the door, the 56th Governor of New York signed Senate Bill S3332, amending the language of New York state law to replace all instances of the words “inmate” or “inmates” with the words “incarcerated individual” or “incarcerated individuals.”

Our national dialog on the power of names, be they for sports teams or co-worker pronouns, gave rise to SB S3332 and its approval. To those who wonder what purpose the bill might serve, the idea is to leave no stone unturned in seeking ways to lift negative reinforcement, terminology, and training. And considering how indelibly the American public has been trained to recognize those behind bars, it’s no surprise that some are crying, “Them too? What, they’re guests now?”

As if the premise of recognizing humanity wouldn’t include people who have broken the law.

But yes, widening the front lines of the identity war to include the incarcerated is already goading some into throwing up their hands. “New York lawmakers must have tortillas for brains,” whistles a Law Enforcement Today editorial, “because that’s the only way someone could wrap their mind around this legislation and think it actually is going to somehow make attaining gainful employment and housing easier after someone is released from prison.” The piece goes on to call the legislation dumb and pointless.

Which it might be, if SB S3332’s aim was to make those things easier. Instead it’s an attempt––finally––to limit the countless ways in which we make it unnecessarily harder to prevent recidivism and promote post-incarceration success. The same dismissive article also quotes the text of the bill:

“Studies have shown these terminologies have an inadvertent and adverse impact on individuals’ employment, housing and other communal opportunities.  This can impact one’s transition from incarceration, potential for recidivism, and societal perception. As a result, this bill seeks to correct outdated terminology used to refer to incarcerated individuals.”

Since humanitarian acknowledgement isn’t revoked at sentencing, what’s so objectionable about putting it on paper? When you live in a concrete box, simple gestures are magnified. Encouraging offenders to see their bottom as a bounce is a matter of life-and-death. It’s something that starts with correction’s leadership and lives in the very paperwork of confinement.

Imagine living inside a Department of Motor Vehicles, say, one that’s located inside of a parking structure. If you can picture this, you have a good grasp of what it’s like to live in prison. Forget about having a visitor or buying Chapstick without the right authorization: white, blue or canary. And 20 to 40 times a day, you identify yourself using only your last name and inmate number, a number technically assigned to a case file, not a person. But nobody knows the difference after a while. We’ve gotten used to thinking of inmates as numbers, and the narrowness of this thinking is reinforced with every “Inmate, wait here!” and “Inmate, where’s your permission slip?”

“If you can’t do the time…” yeah-yeah-yeah.

This continual degradation or any of the other downsides to human warehousing is not actually a part of the punishment to which one is sentenced in a courtroom. One is sentenced to a period of confinement and/or time during which one is disqualified from fully participating in society. Everything else––including the dehumanization that we enable by allowing it to persist beyond the perimeter walls––is “bonus justice.” I’ve written about that before here and here, and it’s just as true for names as it is for actions.

What do we civilians know about the soul grinding effects of this genericized use of “inmate,” “felon,” and “convict,” be these “names” spoken or documented in court transcripts, work assignment evaluations, or in the language of social services law, county and general municipal law, civil rights, election, and labor law? It’s long past time we end this bonus justice.

Personally, I favor “adult offender,” because one can stop offending, whereas one can’t stop inmating or feloning. It can be damaging to conflate one’s actions with who they are, and downright damming to assign that misnomer linguistic permanence.

Yet some folks still can’t or won’t see past a name. There will be those who hear about the NY legislation and insist, “They did something wrong: No special treatment for inmates!” These taxpaying geniuses couldn’t care less about how a reduction in denigrating terminology can serve the ultimate goal of redirecting offenders rather than simply recycling them. But if they don’t care what certain names can do to a person, could they grasp what their continued use will do?

Because:

-They will reduce self-direction, until “follow the yellow line to the showers” becomes the only way to live.
-They will reduce self-image to the point where scoring oneself a roll of toilet paper (or a fix) = a good day.
-They will reduce self-esteem in such a way that it can only be regenerated via prison codes and philosophy.
-They will reduce a need for self-expression and replace it with a need to enforce. 

The question is, then, are we so unwilling to let go of our preconceived ideas of what others “deserve” that we’re ok with such a cost?

“I confused things with their names: that is belief.” 
  ––Jean-Paul Sartre, The Words

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The Story of Everybody

How a story makes us feel should not be the measure of its historical worth.

America’s Interstate Highway System, constructed from the 1950’s through the 1970s, saw massive multi-lane middle fingers run through poor neighborhoods and communities of color. These were districts lacking tourism, valuable land, and political power. In many instances, like in Oak Park, Alabama, they had targets on their backs.

Obliterated in the late 1950s to make way for Interstate 94, Rondo was the backbone of the Black community in St. Paul, Minnesota. By the time I-94 opened in ’68, Rondo had lost “homes, churches, schools, neighbors, and valued social contracts.” With 15% of its population displaced, 300-400 Black-owned homes destroyed, and the loss of its chapter of the NAACP, Rondo would never see its diverse and thriving trajectory fulfilled as it might have. 

Alabama’s Highway Director Sam Engelhardt, whose State Senate campaign cards read, “I STAND FOR WHITE SUPREMACY SEGREGATION,” ensured that Interstate 85 would wipe Oak Park, a neighborhood of Black civil rights leaders and its active voters, right off the map

In other states, transportation infrastructure indiscriminately zigzags where it could have continued along a straight path, flattening Black neighborhoods despite the availability of alternate routes. So went the golden age of American road building.

Yet today, “Remember Rondo!” hardly has the same ring of social acceptance as other historical reminiscences about harm caused, like “Remember Pearl Harbor” or even “Remember the Alamo.”

And why should Remember Rondo —despite its grounding in historical fact—be considered by so many these days to be anti-American blasphemy? Does its viability make you hate America, as The Heritage Foundation, Turning Point Academy, and GOP Senator Ted Cruz all insist it will? Is it really an “attack on white people,” such that teaching history of this sort is, in the words of radio talk show host Michael Savage, “exactly what was done to the Jews in Germany in the 1930s…the road to the death camps”?

Yikes! Here I thought it might inspire someone to help protect us from future historical offenses.

Critical Race Theory and culturally responsive education aren’t the same, but they are under attack by those intent on misrepresenting them. And enemies of either would have you reject unheard voices and believe that racial equity is anti-American. It’s not.

Cruz’s recent claim that Critical Race Theory, originally conceived as a framework for understanding the relationship between race and American law*, “is every bit as racist as the Klansmen in white sheets,” is idiotic. Lawyer Cruz well knows this. In its broader conception (also never shamefully hidden behind white robes) CRT provides a path to addressing the inequalities that are historically embedded in our political, social, economic systems—because only by acknowledging them can we work to change them.

Former economics professor Michael Harriot puts it this way: “A complete understanding of economics includes the laws of supply and demand, why certain metals are considered ‘precious,’ or why paper money has value. But we can’t do that without critically interrogating who made these constructs and who benefited from them.” And he’s not even talking about changing those constructs. Neither, for that matter, is enlightening students about the literally structural racism found in the Interstate Highway System a) a statement about individual racism or b) necessarily a demand for change. It’s really just an acknowledgement of a more complete historical truth.

But for the record, it’s highly unlikely that Critical Race Theory is being taught to your precious child: it’s rarely even taught to undergraduates for all its complexity. What is hopefully part of junior’s upbringing is culturally responsive education, which is less a thing than an overdue recognition that kids learn best when they have ways to connect what they learn to their own lived experiences. Brown University calls culturally responsive education, which was conceived in 1994, BTW, “a pedagogy that acknowledges, responds to, and celebrates fundamental cultures [to] offer full, equitable access to education for students from all cultures.”

Equitable access is muy anti-Americano, no?

And again, neither Critical Race Theory nor culturally responsive education explicitly advocate for, for example, calling out a Texas Legislature that threatens to withhold state funding to state universities refusing to “Remember the Alamo” the ‘right’ way, though it turns out, according to a consensus of historians, that the 13-day siege wasn’t about the mean old Mexican army after all. The Texians defending the Alamo—alongside their Tejano brethren, who have since been written out of the story—were fighting to preserve the slavery they depended upon for their cotton trade. When the Mexican government told ‘em to pay up in taxes and/or free their slaves, the ranchers turned to a carpetbagging former congressmen, a Louisiana con artist and knife-welding crackpot named Jim Bowie, for help. And they were defeated handily by the army of General Antonio López de Santa Anna.

Despite this defeat, and despite the widespread theory that Davy Crockett might have actually surrendered before he was executed, Texas lore demands fealty to the false narrative of white heroes who single handedly took on those dirty Mexicans and fought valiantly to the death.

Now look, I know everyone and their mother omits things from and/or embellishes their favorite personal stories. But when it’s a matter of a historical record on which the future gets built and funds get allocated, it’s not okay for the “natural” or “patriotic” way of seeing things to minimize the contributions of one group while inflating and celebrating the contributions of another. And if you care about truth in history, you’ll want to correct that record. Do we really want a government that deliberately stands in the way of that?  

Of course, not everyone is interested in complex truths, which both CRT and culturally responsive education enable. Us-versus-them is much easier of a narrative to create, promote, and consume. The worst part is that recent politics, fake news, and American social trends all demonstrate that truth itself is beside the point these days.

But once more, how a story makes us feel shouldn’t be the measure of its historical worth.

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*Should you take issue with the contention that race and American law are intertwined, may I direct you to: Dred Scott v Sanford, Plessy v Ferguson, Brown v Board of Education, and many, many other cases illustrating the U.S. Supreme Court’s evolving thoughts on that very matter.

The completed 10-405 interchange in 1964. Courtesy of the
Los Angeles Times Photographic Archive, UCLA Library.