Organization asks U.S. Attorney Polite to take action in two cases

Justice & Beyond, a New Orleans-based group of justice advocates, last week asked U.S. Attorney Kenneth Polite to launch investigations of two cases involving people of color in New Orleans. Comparing the cases to that of Homer Plessy in New Orleans more than a century ago, the group says the cases may have federal implications.

The first case involves Juvenile Court Judge Yolanda King, who some say was allegedly targeted by local elected officials after unexpectedly winning election over a candidate with ties to the district attorney’s office. The second involves the FBI’s handling of a case involving a local businesswoman, alleging the federal agency was heavy-handed in its role in the case.

“This letter requests your attention to two important matters over which your office has jurisdiction, and has authority to take substantial action to preserve the coverage of the Constitution, and the laws of the United States for all citizens, particularly African Americans,” the group tells Polite in last week’s letter.

It goes on to state that attorneys for Judge Yolanda King allege in Louisiana state courts, that during the 2013 election Judge Yolanda King was threatened. And that Judge King wore a wire which provides proof of said threat.

The second incident that the organization is requesting the U.S. attorney investigates involves, “a New Orleans businesswoman’s right to operate a business was infringed upon by the Federal Bureau of Investigation (FBI) on March 25, 2014.

According to the letter, “Twenty-five armed FBI agents swooped down in dramatic fashion and confiscated the following from this businesswoman’s office: all medical records, personnel and financial records from 2008-2014; closed out whole life insurance policies and seized all money; closed out all lines of credit with banks; closed out employees health insurance; and closed out all investment accounts, savings and checking accounts seizing nearly $1 million.

“This business that once em­ployed more than 300 people now employs 30. What happened when these employees’ health insurance was cancelled? Was this an attack on a businessperson to pursue justice? Or was this done to shut down a successful African-American business and take away her and her employees’ right to be gainfully employed? Eight months later this businesswoman has not been charged, arrested, or indicted. We believe she did not commit a crime. Is this JUSTICE or JUST US?”

Justice and Beyond reminded Polite of the critical role the federal government has played in the racial progress made over the past century and how communities of color have suffered when the federal government did not fulfill its role as an enforcer of the U.S. Constitution.

“Our history of federal protection of African-American Constitution-al rights is shameful,” Justice and Beyond wrote. “One hundred and thirty-eight years ago, 11 years after slavery, Rutherford B. Hayes made a deal to remove federal troops from the South so that he could become President of the United States. That deal allowed the U.S. attorneys all over the South to turn their backs on enforcement of the 13th Amendment that abolished slavery except for crimes, the 14th Amendment that ensures protection of liberties and property of citizens cannot be taken without due process and equal protection of laws, and the 15th Amendment that allowed the vote to the former slaves. The Black Codes and Jim Crow (Segregation) laws sprang up all over the South and the rights of former slaves gave way to rampant discrimination, lynching, property confiscation, re-enslavement and imprisonment. Homer Plessy, a New Orleans African American, challenged segregation only to be rebuffed by the U.S. Supreme Court, which ruled segregation was constitutional. The Court’s decision gave rise to massive slaughter, land theft, arrests, imprisonment, school closings and denial of public education South-wide. Not until a reversal of the Court in 1954 and federal enforcement of school integration in Little Rock, Arkansas in 1957 did this current era, one of protection of constitutional rights of African Americans begin.

“African Americans, and all citizens have to be vigilant to protect the economic and property rights of African-American business owners. The history is replete with businesses being shut down and progress impeded without probable cause of a crime being committed. We call upon the United States Department of Justice to return the property seized from the New Orleans African-American business woman. We also call upon the United States Department of Justice to negotiate with her company to compensate for loss of business.“

The letter was signed by the Rev. Dwight Webster, PhD, pastor of Christian Unity Baptist Church, and longtime activist Pat Bryant, who is identified as the co-moderator of Justice and Beyond.

This article originally published in the November 10, 2014 print edition of The Louisiana Weekly newspaper.