St. Louis Observer: March 4, 2022
MODOC struggles to contain stabbings; bill of rights for homeless stalled; #MOLeg advances CROWN Act, prison nursery bills
Editor’s Note
This week, we are discussing the very clear lack of understanding, by mostly our statewide elected officials, of the definition of fascism, at least within the context of communism and Marxism. The irony of Missourians most extreme right-wing politicians decrying “fascism” is not lost on us, and we will address the oft-misused term within the context of over-policing in St. Louis.
The definition of fascism is not one to be taken lightly: “a movement or regime that exalts nation and often race above the individual, and that stands for a centralized autocratic government headed by a dictatorial leader, severe economic and social regimentation, and forcible suppression of opposition.” Ponder that definition in consideration of the current state of affairs in Missouri.
In political science, we recognize the five stages of fascism as proposed by historian Robert O. Paxton: (1) the creation of movements; (2) “rooting” in political systems; (3) seizure of power; (4) exercise of power; and (5) long duration of either radicalization or entropy. When we use this filter as we look at St. Louis, we see the clear overlaps between the fascist movements and within the ranks of over-policing advocates. Truly, we can step back and see that the anatomy of fascism can apply to any racist, anti-justice movement, but it is within the scope of police abolition in St. Louis that we will focus on today.
Historically speaking, the St. Louis Metropolitan Police Department is rooted in protecting the institution of slavery; there’s no getting around that basic fact. The Missouri General Assembly authorized the creation of organized slave patrols in 1825; SLMPD, like many other slavery-sympathizing police forces, was founded in 1846 under that same law. Leading up to the Civil War, organized white police patrols around the City targeted and terrorized free Black St. Louisans, who lived in constant fear of being sent to the South. And let us not forget our state’s original sin: entering the union under the “Missouri Compromise,” when the founders of our state demanded the authority to engage in human trafficking and enslaved labor in exchange for statehood. There is no doubt that within the first decade of Missouri’s existence, white supremacists seized and exercised their power, and for too long of a duration.
Arguably, for most of our City’s existence, we have been under some degree of fascism - look no further than the ongoing issue of state vs. local control of our police board of commissioners. Oft overlooked in the debate of “local control” is the reason why St. Louis lost control of its police force in the first place: the pro-slavery governor at the time of the Civil War wanted to protect white supremacy at all costs.
In the absence of local control, our police’s actions & budgetary priorities were dictated by the state, whose interests conflicted with the needs of St. Louisans. The disconnect between state-governed law enforcement and St. Louisans was further underscored by the systemic disregard for civilian complaints and the lack of efficacy for Internal Affairs, creating a lack of transparency and accountability to the community that should have been served.
Since local control has been returned to St. Louis, the tides indisputably have changed. Police accused of wrongdoing no longer are entitled to the padded disciplinary system that protected the worst offenders. Our Civilian Oversight Board has been established and the reallocation of the policing budget to proven community programs has caused a dramatic decline in violent crimes in the City.
In the fight for abolition and equity for all, we must always remember that the opposition will leverage whatever they can to stop our cause - even if they don’t know the meaning of the very words they use.
In the News
Police, prosecutorial, and judicial accountability
The Missouri Department of Corrections has found itself in another scandal, as a series of recent stabbings at the Eastern Diagnostic and Reception Correctional Center (ERDCC) in Bonne Terre have come to public light after the DOC attempted to suppress the assaults. Missouri prisons have experienced severe COVID-19 outbreaks, drug overdoses, and violent assaults & stabbings, mostly as a direct result of understaffing. [Riverfront Times/Ryan Krull]
Missouri saw an increase in gun-related violence following the enactment of “Stand Your Ground” laws in the state. Missouri specifically saw a 31% increase in gun-related homicides from 1999 to 2017, suggesting that “Stand Your Ground” laws have a direct causation to the rise in violent deaths. [KCUR/Alex Smith]
Three former Jefferson County municipal police officers have been arrested in relation to a brutal assault against a handcuffed man inside the De Soto Police Department jail in September. Two officers, Bethany Zarcone and Allayna Campbell, have pleaded guilty to lesser sentences in agreement to cooperate with prosecutors in the assault charges being pursued against James Daly. [St. Louis Post-Dispatch/Robert Patrick]
Economic development in St. Louis City and County
The State of Missouri has been determined to have met its women- or minority-owned business participation goals 4 times - in the last 30 years. The state is legally obligated to make a “feasible effort” of spending at least 10% of state-funded contractors on women- or minority-owned business, but 8 years have elapsed since the state’s last internal “disparity study,” despite a mandate that requires conducting the study every 5 years. [Missouri Independent/Rebecca Rivas]
Further reading
Advocates are speaking out against the eight aldermen who are seeking to override Proposition D, an overwhelmingly supported ballot initiative that put a new election system into place (approval voting). Board bills 159 and 160 would repeal the new election system that has helped progressive candidates overcome the political obstacles that protected power of “establishment” and conservative Democratics in the City for decades. [St. Louis American/Joan Hubbard and LaShana M. Lewis]
A bill proposed by Alderwoman Christine Ingrassia (Ward 6) that would establish new rules for dispersing homeless encampments and create a bill of rights for the unhoused has been shelved, following issues raised by the City Counselor that were not previously raised since the bill was first introduced in October. The legislation would create standards of care and practice that protect the dignity and humanity of unhoused residents. [St. Louis Post-Dispatch/Mark Schlinkmann]
The Board of Aldermen’s Housing, Urban Development, and Zoning (HUDZ) Committee voted to pass a procedurally-deficient bill that seemingly would seek to establish a reparation fund for St. Louisans who are descendants of enslaved persons. Introduced by Alderman Brandon Bosley (Ward 3), the bill relies on voluntary contributions through City water bills - a program that generated less than $12,000 for 2021. HUDZ also voted to pass Alderman Tom Oldenburg’s (Ward 16) bill, which would allocate millions to SLMPD for equipment and surveillance technology. [St. Louis Post-Dispatch/Mark Schlinkmann]
Ketanji Brown Jackson, the U.S. Supreme Court nominee who is poised become the first Black woman on the court, has begun the confirmation process to fill the vacant seat that Judge Stephen Breyer will leave following his retirement this summer. Jackson, who clerked for Breyer, comes from a public-service-driven background and would also be the first former public defender on the U.S. Supreme Court. [St. Louis American/Alvin A. Reid; Missouri Independent/Jennifer Shutt; NPR/Nina Totenberg]
A Republican-sponsored bill that was intended to expand the sales tax exemption for food purchases has now instead become a bill that would essentially end the exemption. This is the second time this legislative session that a Republican-drafted “amendment” to an expansion of a law has resulted in the underlying law itself being gutted. The first was reported by the Riverfront Times and involved a “clerical error” that killed drug sentencing reform. [Missouri Independent/Rudi Keller]
Missouri representatives have advanced the CROWN Act, which would protect public school students by prohibiting policies in schools that discriminate against children based on their hairstyle of texture. The House will vote on the proposed bill one more time before it moves to the Senate. [St. Louis Post-Dispatch/Grace Zokovitch]
The Missouri House has cleared another hurdle to establish a state prison nursery center, which would allow newborns to remain with their incarcerated mothers for the first 18 months of the baby’s life. The bill will require one more vote in the House before moving on to the Senate for further consideration. [Missouri Independent/Tessa Weinberg]
Legislative & Legal Update
BB 119 and BB 125, both introduced by Ald. Todd and Ald. Ingrassia (Ward 6), would repeal the City’s current loitering & panhandling ordinances and establish legal defenses against the charges. These bills have been stalled in the Public Safety Committee since November 16 with no forward movement.
BB 150, introduced by Ald. Ingrassia, would establish legal and property rights of unhoused residents living in St. Louis. After more than two months of stalling, this bill was first discussed at the Health and Human Services Committee on February 28 and will be discussed further at the committee meeting on March 28.
BB 184, introduced by Ald. Tom Oldenburg (Ward 16), would re-allocate nearly $6 million in American Rescue Plan Act (ARPA) COVID relief funds to St. Louis Metropolitan Police Department for equipment and weapons. The bill was perfected and passed on February 25.
BB 195, introduced by Ald. Bosley, would require new SLMPD officers to stay with the department for a minimum of four years, or risk having to repay for the cost of training if the officer leaves for another law enforcement job. The bill text was read for a second time and remains in Public Safety Committee without any further movement.
BB 206, introduced by Ald. Oldenburg, would re-fund the Real-Time Crime Center using Corona Virus Local Fiscal Recover Funds originally allocated to cover SLMPD officer overtime expenses. The bill was passed out of HUDZ committee on March 1 and heads to the full Board for further consideration.
BB 208, introduced by Ald. Bosley, seeks to establish a Reparations Fund to support the significant others and children of St. Louis City residents who are incarcerated. The bill was passed out of HUDZ Committee on March 1 and now heads to the full Board for further consideration.
Resolution 159, sponsored by Aldermen Sharon Tyus (Ward 1), Jeffrey Boyd (Ward 22), and Pamela Boyd (Ward 27), would resolve that any new or expanded facility for unhoused persons be constructed in the wards that do not already have facilities. This resolution was assigned to the Health and Human Services Committee on January 14 with no forward movement.
State of Missouri
HJR 79, introduced by nine white Republican men, would detrimentally modify the citizen initiative petition process for statewide ballot initiatives, raising the minimum required number of signatures from 5% to 10%, and would require 2/3 vote to pass an initiative instead of the current simple majority. The resolution was read for a second time before passing to the Senate for further consideration.
HB 1897, introduced by Rep. Kimberly-Ann Collins (D-St. Louis), would establish a Corrections Nursery Program, to keep incarcerated mothers and their infants together. This bill was referred to the House for fiscal review on March 7.
HB 2627, introduced by Reps. Mark Sharp (D-Kansas City), Raychel Proudie (D-Ferguson), and Shamed Dogan (R-Ballwin), would designate February as Black History Month and November as “Native American Heritage Month” in Missouri. The bill passed unanimously out of committee on March 1.
SJR 36, introduced by Sen. John Rizzo (D-Kansas City), would modify the current legislative term limits for Missouri state representatives and senators, from 8 years to 12 years. The bill’s public hearing was conducted on March 1.
SB 766, introduced by Sen. Tony Luetkemeyer (R-Parkville), would modify the holding period from 24 hours to 48 hours following an arrest without a warrant. This bill was passed out of the Judiciary Committee on January 31 and has made no further movement.