Pag« 2 Portland Obaarvar February 20.1901
EDITORIAL/OPINION
Add discretion, civil remedy
The present version of the Governor's racial
harassment statute, while it may be a sincere
a tte m p t to solve a long-standing problem , is
an attempt that will only symbolically solve the
problem, and only solve it for w hite people. If
the statute passes as drafted white Oregonians
w ill pat them selves on the back fo r having
passed a criminal statute w hich on its face is
fo r the b e n e fit of Blacks and o th e r racial
m inorities in Oregon, but continues to leave
the welfare of Black people to the benevolence
or good faith of white people.
The present debate by le gislators over
whether the precise wording of the statute will
pass constitutional muster is a smokescreen.
There are competent attorneys in the State A t
to rn e y G eneral's O ffice w h o can d ra ft
language which is not vague or overboard and
w h ich w ill survive ju d icia l s c ru tin y . This
smokescreen, intentional or not, draws atte n
tion away from the real issue which should be
addressed - whether the statute has remedies
which are readily available to Black people.
As w ith other crim inal statutes, the racial
harassm ent sta tu te leaves d iscre tio n to
prosecute in the hands of the co u n ty
prosecu tors. T ra d itio n a lly , Black people in
Oregon have not fared well when seeking vin
d ic a tio n of th e ir rights th o u g h co u n ty
pro se cu to rs in O regon's crim ina l ju stice
system. It is irrelevant whether this result is a
fu n c tio n of apa thy, in s e n s itiv ity , lack of
awareness, or just plain racism. The outcom e
is the same.
The s ta tu te should be am ended to take
discretion for prosecution out of the hands of
county prosecutors. It can mandate that racial
harassm ent co m p la in ts be presented to a
Grand Jury and that the victim or victim s be
given an o p p o rtu n ity to appear. This
procedure w o u ld
relieve the c o u n ty
prosecu tors (o ffic ia ls elected by a w h ite
m ajority) of the potential political liability for
having su pp orted crim ina l p ro se cu tio n s
initiated by Black people against white people,
a posture never looked upon with favor by the
w hite com m unity. Giving the victim s of racial
harassm ent an o p p o rtu n ity to te s tify before
the Grand Jury would insure that the victim 's
side of the sto ry w o u ld be heard behind the
closed doors of the Grand Jury Room.
A n o th e r alte rn a tive , but one less a c c e p t
able, would be the mandate that all complaints
involving racial harassment be referred directly
to the State A tto rn e y General's O ffice fo r in
vestigation and prosecution. This alternative
suffers some of the same infirm ities as leaving
discretion in the hands of county prosecutors.
The singular most im portant omission from
the G o ve rn o r's proposed s ta tu te is the a b
sence of a civil remedies provision. As present
ly d ra fte d , victim s o f racial harassm ent can
only seek redress through criminal prosecution
of the persons responsible, and only through
county prosecutors. W hile it is true there are
crim in a l and c iv il rem edies available fo r
violations of Federal civil rights laws, there are
many situations where the specific acts com
plained of either do not violate Federal law or
the vagaries o f the Federal system do n o t
allow prosecution. A state racial harassment
s ta tu te w ith a p p ro p ria te crim in a l and c iv il
penalties w ill go a long way tow ard com pen
sating victim s of racist behavior which results
in injury to persons or property.
Civil penalties w o u ld be a remedy d irectly
available to the victim s of racial harassment.
The present d ra ft of the s ta tu te should be
amended to perm it victim s to sue the person
or persons responsible for actual damages and
pun itive dam ages; and allow the civil suit to
proceed whether or not criminal prosecution is
in stitu te d or successful. Last, but not least,
there should be a provision providing fo r the
paym ent of the v ic tim 's a tto rn e y fees if the
civil suit is successful. This w ould provide the
incentive necessary to bring the recalcitrant
legal co m m u n ity in to the area of civil rig h ts
litigation.
The Legislature can enact the G overnor's
racial harassment statute as drafted, pat itself
on the back, and again do nothing to help in
sure sa fe ty and c iv il rig h ts fo r m in o ritie s in
Oregon. Or, it can take the bigoted bull by the
horns and enact a racial harassm ent sta tu te
which has substance and provides meaningful
remedies for minorities.
Another point o f view
The White Paper
In America,
Our beloved North America,
The State Department has a document.
The document is a white paper.
A paper full of pictures for the press.
Pictures of communist penetration
In El Salvador.
However;
Murdered by a white paper
From our State Department.
By: Francisco Serio -
Feb. 26, 1981
Portland Observer
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The Portland Observer was founded in October of 1970 by
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The Portland Observer is a champion of |ustice, equality and
liberation, an alert guard against social evils; a thorough analyst
and critic of discriminatory practices and policies; a sentinal to
warn of impending and e»istmg racist trends and practices, and a
defender against persecution and oppression
III
Mt MM"
Oregon
Newspaper
Publishers
Association
The real problems of the minority population will be viewed and
presented from the perspective of their causality unrestrained ano
chronoically entrenched racism National and in ternation al
=
s
I
MEMBER
N e N p A per
Attociatlon ■ Founded IM S
ÄV Funyai Kumbula
An encouraging word from
Uganda, the former Pearl of Africa,
has been all too rare over the past
decade. The legally elected govern
ment of former President Appolo
Milton Obote was overthrown by
one Id» Amin Dada with Western
collusion. Then followed eight years
during which the rule of law and or
der completely broke down.
The relief that greeted the ouster
of Amin in 1979 quickly disin
tegrated as what followed, the two
governments of the UNLA led first
by Professor Yusufu K. Lule and
then Godfrey Binaisa, failed to
come to grips with Uganda's
problems. Political in-fighting
among the various factions that
comprised the UNLA soon
paralyzed the government. Uganda
sank deeper and deeper into an
abyess of despair and a morass of
lawlessness and banditry.
Come the bitterly fought elections
of last December 10 and former
President Obote was returned to of
fice. Amidst the jubilation, the
celebrations, was the sobering
realization that he would have to
start rebuilding Uganda from
ground zero, with an empty
treasury, a deeply divided people,
no civil administration, of any sort,
no police force, no national army
and a crime wave that could have
put Dodge City to shame.
All these problems notw ith
standing, Dr. Obote plunged into
the resuscitation of Uganda with
boundless abandon. His choice of
Cabinet Ministers reflects his elec
toral theme of Ugandan society. He
has extended an olive branch to all
former adversaries with the word:
‘‘Let us start afresh. Let us work
together to rebuild Uganda.
Together we can do it.”
The response from the people has
been almost phenomenal. Even Paul
Ssemogerere, the leader of the con
servative Democratic Party who so
bitterly attacked Obote during the
elections has pledged his unqualified
support to the President’s program
of
national
reconciliation.
Ssemogerere is the leader of the op
position in Uganda’s parliamentary
system. His support and trust have
been secured by Obote’s reaching
out to consult with the opposition
on any important business. Now,
how many leaders anywhere in the
world would consult the opposition
at all? Democracy has definitely
returned to Uganda.
The same week that he was sworn
into office, Obote hosted an East
African conference attended by the
Presidents .Nyerere of Tanzania,
Moi of Kenya and Kaunda of Zam
bia. This was the first time in more
than ten years that the Heads of
State of the four countries had sat
down together to confer. This was
the first time that Kenya and Tan
zania had met face to face and the
opportunity came about largely
through the efforts of Obote who is
a friend of both Nyerere and Moi.
Prospects for the resuscitation of
the East African Community have
never looked brighter.
The Pearl of Africa may yet shine
again. President Obote is the kind
of far-sighted leader Uganda needs
to get going again. He has started on
a very positive note. Best of all,
Ugandans are beginning to have a
sense of national pride again.
Uganda thus joins Zimbabwe (they
were “ allies” in agony only last year
too!) as the Success Story of the
Decade.
Look ahead during
Black History Month
By Conyressman Ron W’vden
The contributions of Black
Oregonians to the development of
state and national leadership runs
deep. During Black History Month,
it is appropriate that we recognize
the contributions of the Bill and
Gladys McCoys, the Herb Caw-
thornes, the Manaual Scotts and
the E. Shelton Hills.
It is also appropriate, however,
that we look ahead to the work that
remains - ensuring that all Blacks
have a job, a decent place to live and
the opportunity to put their creative
talents to good use.
w I am a member of three commit
tees that can help make sure that
Ihis happen - the Small Business
Committee, the Select Committee
on Aging and the Energy and
Commerce Committee.
As a member of the Small
Business Committee, I will work to
eliminate unnecessary and burden
some regulations, locate sources of
equity capital, institute tax incen
tives and expand export oppor
tunities for Black men and women
who are struggling to establish,
maintain or expand their own
businesses.
As a member of the Aging Com
mittee, I will push for new senior
housing in the Albina area and will
work to reform Medicare and
Medicaid so that they emphasize
preventive health care rather than
the more expensive hospital care. I
will also work to reform the Social
Security system so that it serves as a
pension plan for minority elderly
and other elderly persons - instead
of a duplicative social welfare grab-
bag. I will put particular emphasis
on working with community groups
to bring a senior center to the
Albina area.
As a member of the Energy and
Commerce Committee, I will work
toward a comprehensive national
policy that encourages the develop
ment of renewable low-cost energy
alternatives and places the cost of
oil and other energy sources on the
big oil companies instead of on
Albina families and other east side
families that heat with oil. I will also
support efforts to attract new
businesses to the east side - thus
creating new jobs for Blacks and
other Third District residents.
The needs of the Black com
munity are not unlike those of the
Third District as a whole - more
jobs, better housing and a better
business climate. During the 97th
Congress, 1 will devote my energies
to achieving these goals.
Wacker: Asset or liability
In El Salvador,
30,000 bodies made of
Doctors
Journalists
Teachers
Students
Peasants
Indians
Workers
Poets
Je forever silent...
Bruce Broussard
Editor/Publisher
a
An encouraging word...
arrangements that prolong and increase the oppression of Third
World peoples shall be considered in the conteat of their e i
ploitation and manipulation by the colonial nations, including the
United States and their relationship to this nation s historical
treatment of its Black population
283 2486
N ational A dvertisin g R ep resentative
A m a lg a m ated Publishers. Inc
N ew York
1st Place
Community Service
ONPA 1973
Ist Place
Best Ad Result
ONPA 1973
5th Place
Best Editorisi
ONPA 1973
Honorable Mention
Merrick Editorial Award
NNA 1973
2nd Place
Best Editorial
3rd Place
Community Leadership
ONPA 1975
3rd Place
Community Leadership
ONPA 1978
3rd Place
In depth coverage
ONPA 1979
M
XI » ,
fencing the quarry and ad for personnel through Federal
(Continued from page I col. 6)
CETA funds.
ministration.
to insure electrical and fire safety.
The
remaining
*/ j million will be
2) Provide funds for two Wacker
Wacker agreed to:
employers to travel from Germany
1. Acquire the site at $14,(XX) per s p e n t mi th e q u a rry to m ak e it
to consult with Portland Com
acrea and develop an industrial suitable for sale as an industrial site.
In addition to money provided by
munity College on training design.
plant at a cost of not less than $40
the bond sale, federal comprehen
3) Install, at City expense,
million.
Wacker equipment for training em
2. In the event Wacker wished to sive Economic Development
ployers in a City - provided facility
sell any unused portion of the land Strategies (CEDS) funds were spent
4) Provide training materials and
before 2008, PDC would have the for Northwest Front Avenue recon
right to purchase a $14,000 per acre struction. Although the PDC equipment at City expense (except
plus interest on 8 percent com spokeman denied that CEDS money major equipment provided by
had been spent for the Wacker
Wacker)
pounded annually.
5) Provide pre-screening of per
3. In event the ad volorem project, a letter from John Wight,
property taxes on the site are less former director of the City’s Bureau sonnel based on criteria agreed to
than $800,000 annually beginning of Economics Development, reports with Wacker
6) Send two educators to Ger
with 1981-1982 and additional that the $2,522,850 spent Prom the
many to confer with Wacker per
funds are required to meet debt ser City’s first year $12 million grant
vice to the bonds issued to finance “ was part of the package to attract
sonnel on training, and provide
the project, Wacker would pay the Wacker.”
translator, at City expense
The “ third year CEDS” report
difference between the actual taxes
7) Hire Wacker personnel, if
describes
the project objectives:
and $800,000 for not more than five
W acker desired, to teach or par
years. The maximum Wacker would “ To improve streets serving ticipate in training program
Wacker agreed to:
be obligated to pay in any year businesses in the industrial area and
to permit development of the
1. Seek new employees covered
would not exceed $250,(XX).
Wacker Siltronics s ite ...” NW by this contract through the City
Any increase in taxes above that Front Avenue: $1,828,091 EDA
2. Provide, at City expense,
placed on the property before PDC
(CEDS); $1,098.148 PDC land technical personnel as necessary to
aquisition, will go into a fund to pay
acquisition; street and sewer im assist PCC.
off the bonds a n d /o r further provements: $10,011,822 PDC.
3. Provide, at no cost to the City,
develop the Urban Renewal site.
Proposed for 1980-81 CEDS pro
machines essential to PCC training
TheCity will receive no property tax
gram was $200,000 to covert the
4.
Provide, at no charge,
income until the bonds have been quarry site for industrial use.
paid off.
materials utilized by Wacker to
$200,000 to covert the quarry site
4. Wacker would enter into a
determine employee competence
for industrial use.
Manpower Agreement to hire per
5. Provide testing prior to em
The stated purpose of the City’s
sons trained by the City under its
ployment
interest in drawing the Wacker plant
CETA program.
6. Retain decisions on hiring, but
Spokeman for Portland Develop was employment for Portland draw from City - trained pool
ment Commission told the Observer residents. To this end, a manpower
In addition to covering Wacker’s
that $14.5 million in Urban Repewal contract was signed between the regional manpower needs, this con
City and Wacker - the City’s
Bonds had been sold to undertake
original “ First Source Agreement.” tract covers W acker’s ongoing
activities in the Northwest Front
manpower needs for filling vacan
Wacker planned to provide ap-
Avenue Industrial Renewal Project.
cies; manpower needs for the first
The project covers 360 acres, in poximately 600 jobs by December of major expansion; any subsequent
1980.
cluding the 80 acres sold to Wacker.
expansion, if Wacker so desires.
Under the agreement Wacker
Approximately $8 million was
Although touted as a unique ven
promised to hire all personnel - ex
spent on the Wacker site, the
ture
in governmeent - college -
cept
management,
and
special
per
required easements and purchase of
private enterprise cooperation to
sonnel
such
as
engineers
and
the quarry as required by the con
provide jobs for the unemployed,
designers - through the City. Wack
tract.
questions have arisen as to the true
er intended eventually to hire super
Improvements paid for by the visors from the City trained work
value of the project -- and the "First
bond sales included an extension of force.
Source Agreements” it typlifies -- to
Front Avenue, work on St. Helens
the City’s disadvantaged.
The City agreed to:
Road, the Linton Sewer Interceptor,
I) Provide and pay for training (Next W eek: The Trainees)