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About Portland observer. (Portland, Or.) 1970-current | View Entire Issue (Dec. 22, 2021)
Decemeber 22, 2021 Page 9 Opinion articles do not necessarily represent the views of the Portland Observer. We welcome reader essays, photos and story ideas. Submit to news@portlandobserver.com. Kwanzaa O piniOn Continued from Front Righting a Wrong from War on Drugs Pass Equal Act to fix a broken justice system In the aftermath of the 2020 election, many Black and brown voters remained hopeful that the Biden Administration and the new congress would live up to prom- ises made on the campaign trail to reform our broken criminal justice system. Many voters of color and progressive voters, in particular, pressed presidential candidates on everything from policing to sentenc- ing. Statistics show that for decades Black and brown people have received harsher sentences due to the differences in how crack and powder cocaine offenses were viewed in the eyes of the law. Now a ma- jor piece of legislation is on the verge of being passed, the EQUAL Act of 2021. The EQUAL Act, also known as the Eliminating a Quantifiably Unjust Ap- plication of the Law Act, was passed by the House at the end of September. On the Senate side, it has yet to receive a fi- nal vote but does have bipartisan support with Senators Cory Booker (D-NJ), Dick Durbin (D-IL), Rob Portman (R-OH), Rand Paul (R-KY), Thom Tillis (R-NC), and Patrick Leahy (D-VT) who are to- gether co-sponsors of the legislation in that chamber. Senator Booker has said of the need to pass the legislation, “this critical piece of legislation that will help right the wrongs of our nation’s failed War on Drugs and reform our broken criminal justice sys- tem.” The 2020 election happened against the backdrop of intense reflection on the history of race, justice, and injustice in America. Advocates for reform have en- couraged legislators to consider the im- By DeJarion Echols pact of race on how this nation’s laws have been applied. “After the murder of George Floyd, it was obvious that we as a country need- ed to work harder to stamp out racial discrimination in our justice system. Eliminating the crack-powder disparity, which has disproportionately and unfairly harmed Black families, was an obvious target ... We hope the Senate acts quickly to remove this 35-year-old mistake from the criminal code,” said Kevin Ring, pres- ident of FAMM, a criminal justice reform nonprofit. The Supreme Court was recently asked to weigh in on such sentencing disparities in the case of Tarahrick Terry, who was convicted of and pled guilty to posses- sion of ‘crack cocaine’ and asked that his prison sentence be reduced because of the First Step Act retroactively applying the Fair Sentencing Act. But the Court found that Terry was convicted of something that did not dictate a mandatory minimum and therefore he could not be resentenced. Justice Sonia Sotomayor in her con- curring opinion that, “While the Fair Sen- tencing Act of 2010 and First Step Act of 2018 brought us a long way toward erad- icating the vestiges of the 100-to-1 crack- to-powder disparity, some people have been left behind.” The American Bar Association also makes a strong point about those left be- hind and others who could be impacted if the Senate doesn’t follow the House’s lead, “legislators continue to back a harsh opioid policy that has - and will contin- ue to - produce similar racial disparities as did the original sentencing scheme for crack cocaine.” If The EQUAL Act is ultimately passed by the Senate and signed into law by President Biden then Tarahrick Terry and countless others like him could have an- other shot at reducing their sentences. That’s because the act makes it so that a sentencing court could order a reduced sentence for any defendant sentenced for a crack cocaine offense retroactively. As the Supreme Court often says, it's up to Congress to change laws that people think unfair. So it’s now up to the Senate to make sure that crack cocaine offenses — which tend to impact more people of color — don’t have an unjust impact. That goes a long way towards making the pos- itive change people counted on. I encourage everyone to reach out to your U.S. Senators to urge them to pass this important piece of legislation today. Editor’s note: Dejarion Echols was released from a Texas prison in June af- ter receiving a 10-year mandatory min- imum term for possession with intent to distribute crack cocaine and an addition- al 10-year mandatory minimum term for possession of a firearm during the com- mission of a drug trafficking crime. When he was sentenced, the judge objected to the mandatory requirements saying, “This is one of those situations where I’d like to see a congressman sitting before me.” The Soul Restoration Project is a se- ries of residences at the Albina Arts Sa- lon overseen by jazz pianist, composer and Portland State Unuversity professor Darrell Grant. The project serves as a laboratory to explore how art can acti- vate and renew historically Black civic spaces. Support comes from Vanport Mosaic, the Oregon Community Founda- tion and others. Grant is scheduled to present A Space for Black American Music: A Series of Jazz Talks, beginning on Monday, Dec. 27, from 4:30 p.m. to 5:30 p.m., continu- ing for the same hour each day through Wednesday, Dec. 29. Footage from pri- or performances will be shared. Both in-person and live-stream screening tick- ets are available for $8-15 with proceeds supporting future programming at the Albina Arts Salon. NAACP Rejects Police Meeting Continued from Page 3 more than body cameras to be a first-person witness to ongoing injustice with impunity. We want investment in our communities. We want an end to qualified immunity. “We want real community influence, not after the fact input, to police negoti- ations, police accountability, and police transparency. We do not see the Portland Police Association in sync with the vi- sion and priorities of the NAACP Port- land 1120-B Branch and do not see what a ‘conversation’ would accomplish at this time,” the statement said. NAACP representatives said they will agree to a sit down with the union when the police officers begin “to actively act as vanguards of public safety rather than the guardians of the status quo.” $5.00 TEES CLUBS FAMILY REUNIONS SCHOOL CLUBS BUSINESSES SCREEN PRINTING 971-570-8214 Advertise with diversity in The Portland Observer Call 503-288-0033 or email ads@portlandobserver.com