A Back of the Bus Idea

Why did the Shelby County Arts Council (SCAC) agree to accept funding for a Civil Rights play from White Rock Quarries (WRQ), an egregious violator of the rights of the minority residents in Vincent, Alabama's River Loop community? Answer: because in the campaign to deceive it's all about appearances. Whitewashing corporate dirt doesn't make it brighter - it only serves as a false cover for the darkness underneath.

A story ran recently in the Shelby County Reporter touting the importance of a new Civil Rights play "Too Many Questions: An Evening With Virginia Durr" based on a commissioned work by the Vulcan Park and Museum in 2009. Virginia Durr was the wife of noted Alabama lawyer Clifford Durr, a staunch advocate for "those accused of disloyalty during the New Deal and McCarthy eras."

Clifford Durr was also Rosa Park's attorney during the tumultuous Montgomery Bus Boycott and a life-long friendship developed between the Durr's and Parks that endured for the rest of their lives.

The Durr's, like Parks, were tireless champions for right in an era of momentous wrongs.

We don't believe the characters of the play would approve of having their names and lives bastardized like the SCAC is doing by allowing a corporate villan like WRQ to be involved in the stage production about the struggle for human rights.

WRQ has their own brand of 'wrong' in mind that they intend to inflict on an entire area of black folks in small town Alabama with the development of a huge mining operation.

The SCAC is dead wrong to allow this charade of 'corporate good citizenry' by following the mindset of dirty money for a good cause washes away all sin and the fight for Civil Rights is over.

Not in certain areas of Shelby County it isn't. It never was.

The play is described as "very educational" an opportunity for area high school students to "learn about Civil Rights." We suggest that if the SCAC genuinely wants to educate high school students about the modern day experience of the plight of African Americans in Shelby County, they can start by talking to the residents of the River Loop.

The history of the Civil Rights movement in America is important. We do believe in continuing to educate young people about one of the darkest chapters in our American history after slavery. What we don't believe in is the usurping of a cause by those who would commit current sins against a segment of people they're posturing themselves as caring about.

Environmental racism is the new Civil Rights fight for African American communities and it's a fight they are losing more often than winning. When it comes to corporate and political greed, people of color, often living in lower income communities, are disproportionately and specifically targeted every day in the 21st century.

Landfills, mining operations and other invasive toxic industries are rarely found in white enclaves and suburbia. The worst toxic titans calculatingly and cunningly seek out the areas of perceived least resistance - areas where they think there are disposable segments of populations who are made even more vulnerable by corrupt politicians and officials eager to cash in on clandestine deals entered into out of the public eye.

Backroom deals don't begin to describe what happened in Vincent when the idea of a massive quarry was conceived.

Secret meetings between quarry representatives and local officials took place more than once, in another county, and they were restricted to groups just small enough to barely remain within the parameters the state's poorly written Sunshine law and Open Meetings Act.

County officials were also frequently meeting with those same representatives in their county offices. When records were requested by Vincent residents through FOIA from the county planning department, what came back appeared to be heavily edited.

WRQ even made the bold move of hiring the up-until-recently president of the powerful Shelby County Commission, Lindsey Allison, as their "additional counsel." Ms. Allison's law practice was exclusive to family law. To this day, she has never revealed how much she was compensated by WRQ, and despite more than one ethics violations complaint, the state Ethics Commission determined 'no wrongdoing had occurred.'

When multiple parcels of land were purchased in the area of the River Loop under well-cloaked shell companies, at highly inflated prices, not one inch of dirt belonged to a black resident. Every transaction was between white folks benefiting white folks. 

Otis McCrimmon

WRQ president, Jim Hurley, sent a letter to one of the more well-known residents from the area, Otis McCrimmon, only after millions had been spent by his company securing land. The intention of the letter was thinly veiled and was clearly an attempt to placate and pander to Mr. McCrimmon's justifiable ill feelings towards WRQ's actions. 

Mr. McCrimmon, like most of the folks on the River Loop, likes his life just the way it is. He moved on to family land from the city, and believed that was where he would live out his days, surrounded by kinfolk, and enjoying the peaceful picturesque area of Vincent they call 'home.' For Otis McCrimmon, some things are more valuable in life than money:

Otis McCrimmon, a 68-year-old lifelong Vincent resident, said he's worried about how a 45-acre plot owned by his family would be affected by the quarry.

McCrimmon said his land faces the proposed quarry in two directions.

His land and the land where the quarry plans to put a pair of retention ponds is only separated by a fence. McCrimmon said he was never approached about selling his land for the quarry, and if he had been, he would have likely said no.

Jim Hurley's feeble attempt at damage control was not at all well-received, particularly because it came through a local elected district representative, Vincent City Council member Bridgett Jordan Smith. Mrs. Smith, also a minority, infuriated her citizens by remaining persistently tone-deaf to their pleas for help against the quarry. Her behavior throughout the entire quarry process has been shocking in its arrogance against those she is supposed to 'work for' and 'represent' in local affairs.

Residents in the area consider her to be a sell-out to her 'own' people, and believe that she is acting for personal gain - either in a more powerful elected office and/or access to the monies the quarry will generate for the town. Adding insult to injury is the fact that she is related to some of the families in the area.

By enlisting Smith to deliver the letter, Hurley garnered even more animus from the River Loop residents, who perceived his choice of delivery as pandering to a low denominator - 'you're their black representative you carry the water for me.'

Bridgette Jordan Smith even had the audacity to channel the words of Martin Luther King as justification for a 'yes' vote on the quarry in public just last year. It had all the effect of a fire hose and dogs on her constituents, and brought gasps of shock from quarry opponents.

White Rock's representatives beamed with approval.

Mr. McCrimmon is on record as saying this about Jim Hurley: "In all this time that man has never set foot on my doorstep, never talked to me directly even though his property is right next to mine now."

What's next to Mr. McCrimmon is land that once belonged to the current Mayor Ray McAllister's daughter-in-law and former Vincent Zoning board member Robbie Greene. WRQ bought out the entire Greene family properties, including Robbie's parents parcel, for millions. All of them abruptly made a quick exit to another county.

Ray McAllister then moved from zoning board member to Mayor in the 2008 election.

Thanks to all of these unfortunate events, the entire community has been told to shut up and forced to the back of the bus. City leaders have refused all citizen's requests for one-on-one meetings and a community vote on the project. All of Vincent will have to pay the price of the county and city's 'police state' methods, but no one will suffer more from this forced action than the community of the River Loop.

If they were here today, Rosa Parks and the Durr's most assuredly would not approve of what is happening to Vincent's minority population. They would not believe that the process has been fair, just and non-discriminatory. In fact, we envision this is just the sort of instance all three would have worked to correct if they were called on for help.

What the SCAC is doing, by accepting WRQ's money and sponsorship, especially for a project of this nature, is a slap in the face to the memory of what the Durr's stood for. 

Throwing money behind the right cause from the wrong people is more than hypocritical - it undermines the purity of what is supposed to be good and just. There are numerous organizations in Alabama who could have helped sponsor the Durr endeavor, WRQ should not be one of them. Where is the Birmingham Civil Rights Institute and why didn't they get involved?

All of the organizations aligned with the production are giddy with excitement over their idea and probably do believe they are standing on the moral high ground. That said, it's not plausible anyone in Shelby County is unaware of the outcry from the citizens on the River Loop against the 1,000 acre behemoth set to open right in the heart of their community.

No one who can help is listening to them. They're too busy trying to look like they care to take the time to act as if they do.

And they're missing an important lesson in human rights.

If any of them were to ask the River Loop residents how they feel today about what the county, the city and WRQ has done to their lives, they would hear echoes of some familiar words once spoken by the great Rosa Parks: "Why do push us all around and treat us like we're second class citizens?"

There's an education about Civil Rights alive right now in Vincent down on the River Loop, that's different than a stage production of decades ago, but it speaks in similar ways with an impact no put on event ever can.

We challenge the SCAC and all the others involved with this production to go and listen to those voices and learn what it really feels like to be 'black right now' in Shelby County.

So Say We The Opinion Board Of The Vincent Alabama Confidential

Shelby County Arts Council (205) 669-0044
Vulcan Park and Museum (205) 933-1409

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NPR--Secret 'Watch List' Reveals Failure To Curb Toxic Air

NPR and the Center For Public Integrity team up for a four part series "Poison Places: Toxic Air, Neglected Communities" kicking it off with the release of an EPA "secret watch list:"

Pollution violations at more than 1,600 plants across the country were serious enough that the government believes they require urgent action, according to an analysis of EPA data by NPR and the Center for Public Integrity. Yet nearly 300 of those facilities have been considered "high priority violators" of the Clean Air Act by the Environmental Protection Agency for at least a decade.
About a quarter of those 1,600 violators are on an internal EPA "watch list," which the agency has kept secret until now.

The report cites a "lack of modern equipment and rules" and a "system of self-reporting" as major contributors to the rampant, serial pollution that's continuing to threaten communities and lives. They're exactly right, but industry propaganda spins out fear and misinformation to the masses by claiming that increased regulation and equipment updating will result in a "loss of jobs and unnecessary rate hikes."

What these industry disinformation spin masters leave off is the documented increase in costs to Americans for health care, higher mortality rates and the overall increasing toll on human health from less stringent regulation and oversight. These industry apologists would have us believe that profits by the polluters trump citizen's rights to clean communities.

That idea came about during the Bush era EPA which instituted a steady decrease in the value of a human life as a means to institute less regulation.

It was a big lie then and it still is now. 

view full searchable map »

Incredulously, only one Alabama company wound up on the serial offender list: Chemical Lime Company of Alabama in Calera.

Region 4 EPA recently released their 'answers' to the residents of North Birmingham in response to the Walter Energy contamination (Deadly Deception). The 'answers' and explanations from the EPA are couched in generalities and offer no real solutions to the resident's plight.

On the heels of media attention and the environmental justice meeting that occurred in Birmingham this past July, it's our postilion that no one at that meeting heard a word. Inside sources tell us that the meeting was never supposed to be public, and it only went public because of pressure from the right people in positions of influence.

The EPA acts schizophrenic at times, listens to too many voices, contradicts itself and occasionally does things that defy logic unless you're a mental patient. This may be one of those instances. Why do they seem more concerned with keeping secrets and remaining less than transparent in releasing information that serves the public good? There's no excuse for that, but we're interested to hear their explanations.

Allowing these toxic titans to self-police and self-report is inexcusable. So is misleading the public by keeping internal 'secrets' designed to protect corporate America at the expense of citizen America.
*additional reading: "Many Americans Left Behind in the Quest for Cleaner Air"
Air monitoring results N. Birmingham--locations to view data

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Circuit Court Rules Against Conecuh Woods Landfill Developers Motions

In a ruling filed October 25th, Conecuh County Circuit Judge Burt Smithhart handed the Town of Repton and their feisty Mayor, Terri Carter, a huge victory against the 5,100 acre landfill development planned for the area.

Opposition to the landfill has been fierce from the Mayor and a well-organized citizen group who can breathe a little easier for a few reasons now. The war is not over by a long shot, but this battle is squarely in the victory column for the citizens.

Not bad for a town whose population was only 261 in July of 2007. We should note that citizens report to us that Senator Richard Shelby and Balch & Bingham have been instrumental in aiding the citizen opposition group.

We're hopeful for once, in both of their careers, that these two very unexpected allies will remain on the right side of this issue, and not be up to any of their usual tricks that could spell big trouble for this small community.
ConecuhWoodsRuling10-25-2011

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Environmental and Human Rights Organizations In Alabama Form an Alliance On Pollution Issues

For Immediate Release  

October 3, 2011

Birmingham-Metro Chapter NAACP Presents Grand Town Hall Meeting on the Environment

Panelists Will Focus on Local Pollution Threats: Shepherd Bend Mine and “DeadlyDeception”

Birmingham – The Birmingham-Metro Chapter of the NAACP will present a Grand Town Hall Meeting and Public Forum about the Environment on Friday, October 14th from 7:00 to 8:15 PM.   

Panelists will focus on two local pollution threats: the Shepherd Bend Mine proposal across the river from Birmingham’s drinking water intake facility and the recent “Deadly Deception” controversy in the Collegeville area.  The free public event will take place at Glen Iris Elementary School 1115 11th Street South Birmingham, AL 35205. 

Panelists will include representatives from the Alabama Rivers Alliance, Birmingham Faith in Action, Black Warrior Riverkeeper, Cahaba Riverkeeper, Citizens Opposed to Strip Mining on the Black Warrior River, Coalition of Alabama Students for the Environment, Collegeville area residents, GASP, Green Initiative at UAB, University of Alabama Environmental Council, and University of Montevallo Environmental Club.

“We are honored that the Birmingham-Metro Chapter NAACP invited us to join these esteemed panelists,” said Charles Scribner, Executive Director of Black Warrior Riverkeeper.  “The Shepherd Bend Mine poses a unique threat to Birmingham’s drinking water.  This forum presents an exciting opportunity to increase public awareness about the proposed coal mine and the University of Alabama’s potential role in stopping it.”

Click here to view event flyer:

www.blackwarriorriver.org/pdf/EnvironmentTownHall10.14.11.pdf

Click here for more information about the Shepherd Bend Mine proposal:

www.blackwarriorriver.org/news/help-protect-birmingham-s-drinking-water.html

 

Black Warrior Riverkeeper (www.blackwarriorriver.org) is a citizen-based nonprofit organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper won Alabama Environmental Council’s 2007 Conservation Organization of the Year and American Canoe Association’s 2008 Green Paddle Award. Nelson Brooke, Riverkeeper, won Alabama Rivers Alliance’s 2010 River Hero Award.  In 2011 the Black Warrior became one of America's Most Endangered Rivers. For more information, contact:  Charles Scribner, Executive Director, Black Warrior Riverkeeper: (205) 458-0095 or Rev. Anthony Johnson, Community Relations Director: Birmingham-Metro Chapter NAACP: (205) 541-9719

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Obama Administration Sides With Big Polluters--Orders EPA Implementation of Tighter Smog Regulations to Halt

WASHINGTON (AP) -- President Barack Obama on Friday sacked a controversial proposed regulation tightening health-based standards for smog, bowing to the demands of congressional Republicans and some business leaders.

Obama overruled the Environmental Protection Agency and directed administrator Lisa Jackson to withdraw the proposal, in part because of the importance of reducing regulatory burdens and uncertainty for businesses at a time of rampant uncertainty about an unsteady economy.

The announcement came shortly after a new government report on private sector employment showed that businesses essentially added no new jobs last month -- and that the jobless rate remained stuck at a historically high 9.1 percent.

The withdrawal of the proposed regulation marks the latest in a string of retreats by Obama in the face of Republican opposition. Last December, he shelved, at least until the end of 2012, his insistence that Bush-era tax cuts should no longer apply to the wealthy. Earlier this year he avoided a government shutdown by agreeing to Republican demands for budget cuts. And this summer he acceded to more than a $1 trillion in spending reductions, with more to come, as the price for an agreement to raise the nation's debt ceiling.

Read more here 

Earthjustice response

In the face of this disappointing retreat by Obama, the president has the nerve to include the following statement as a disclaimer of sorts:

"I will continue to stand with the hardworking men and women at the EPA as they strive every day to hold polluters accountable and protect our families from harmful pollution," he said

Really?

Is this how you plan to embark on that endeavor Mr. President? 
photo credit: Juan's Rants

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"Mudd " Slinging--William Bell vs Bill Mudd

Birmingham Mayor William Bell is on the attack against Birmingham lawyer and business owner William "Bill" Mudd over the Birmingham Barons $60 million dollar Baseball Park project. Bell descended into street thuggery with a direct insult to Mudd that hints at Bell's real feelings about businesses who don't belong (which Mudd does not) to his favorite private cartel--the Birmingham Business Alliance. Their mantra seems to be if you aren't with us, you're against us, and we'll threaten eminent domain as a necessary tactic.

This is a deal about baseball alright--the inside kind.

Mudd's B&A Warehouse would be a perfect segue into the entertainment district that is a part of Bell's, and the BBA's, plan for downtown Birmingham. Perfect unless Mayor Bell and private real estate developers cannot cut a deal with Mudd, who isn't really interested in selling his successful event/venue business to the city of Birmingham just so they can level the building in favor of something else. Mudd would rather have his business incorporated with the ballpark.

But the Mayor refuses to negotiate with Mudd, instead he has Jeffrey Bayer and another private real estate investor, Alan Engel, contact Mudd to 'lightly' pressure him to sell his property. Mudd mentioned he was curious, after those two phone calls, why private real estate investors were calling him instead of the Mayor. It's a great point and we wonder ourselves what the answer is.

Bell then called after the two developers and promised to call Mudd back and discuss the proposal further. It was an empty promise that Bell never intended to keep. What he did instead was ratchet up the specter of eminent domain and embark on strong-arm tactics against Mudd.

It's noteworthy that the BBA isn't living up to its name and supporting Mudd's existing business.

Bell's bully remark on a Fox 6 segment transforms any future meaningful dialogue into a non-productive, mud-slinging pr contest with the first fistful of useless nonsense thrown by the Mayor himself:

Mayor Bell voluntarily pulled the B&A warehouse out of a package of properties that the city will use eminent domain on to assemble the land for the stadium because most of the council wants to continue negotiating with owner Bill Mudd, who says he wants the project built around his property and doesn't want to sell.

Bell says the city will continue negotiating but he thinks this is about one thing: "Money, money, money, money," Bell said.

To which Mudd responded, "I don't want his money, and I don't need it. And it's insulting for me to hear that. And if he wants to come down here, walk across the park and talk about it, I'll tell him that."

Is this the same Mayor who praises economic development and claims to be supportive of all businesses in his not so fair city? The same Mayor who wants to run off Mudd's business in favor of the Negro Baseball Museum, a worthy enough project admittedly, but there's not one word in a 400 page document from the Mayor's office on how it will be paid for.

Taking into account that the notorious Walter Energy sponsored an April 2011 event in conjunction with the city of Birmingham, the Barons baseball team, and the Birmingham Civil Rights Institute, earlier this year for Jackie Robinson Day, is it a stretch to imagine Walter may be involved with the Museum funds?

Would that explain the absence of any information on the funding for the museum, given the recent black eye Walter has gotten for the north Birmingham contamination? Have they offered to fund the project to placate city leaders and the Mayor? Would they contribute to appear racially sensitive after they have allegedly committed terrible transgressions against minority residents in Birmingham?

We'll never know until the Mayor decides to provide information on the funding, but one thing we can count on is that Bell doesn't care about fair and open communications with Mudd and B&A.

His latest salvo against Mudd is reprehensible, irresponsible and unbecoming the office of the Mayor in a city the size of Birmingham. He should be ashamed of himself, but he isn't because he knows the local paper will side with him on the issue.

It didn't take long for that to happen. In a recent Birmingham News editorial the "Our View" ED board claimed Mudd was "wrong" to "hold the city hostage" over the deal. In typical one-sided fashion and probably in anticipation of future advertisement dollars, the News acts as the go-to water boy for Bell's schemes yet again.

Shame on them too.

Mudd was interviewed on WAPI's morning show August 23rd. Judge for yourself who's really holding who hostage: (mp3 sound files)

Mudd Interview Part I

Mudd Interview Part II

Bill Mudd conducted himself as a gentleman in that interview. We certainly cannot say the same for the Mayor of Birmingham.

So Say We The Opinion Board Of The Vincent Alabama Confidential

*photo credit: Bernard Troncale Birmingham News

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In a League of His Own--Mayor William Bell

Birmingham Mayor William Bell is doing his level best to sidestep any taint from the Walter Energy contamination in north Birmingham by claiming that “until spring of this year he’d never been notified of soil contamination.” Bell’s coziness with the Birmingham Business Alliance (BBA), the entity who lured *Walter Energy away from Tampa where they had been headquartered since the end of WW II, makes us wonder if he’s being truthful about what he knew and when, or slyly covering for the generous corporate campaign and event sponsor at the direction of the BBA.

*entry #243--"I wish they were all this easy," said a beaming Jim Searcy, vice president of business and industry retention at Birmingham Business Alliance.

William Bell has always been a team player, but it's questionable whose team he has been a member of all these years--the one that benefits him or the one that steps up for his constituent's interests. Why isn't he going to bat for his citizens in north Birmingham? All we're hearing from him is excuses of why no one should put the bead on him for any responsibility in the toxic mess.

(On a side note, Walter Energy is up for takeover after their CEO of three months decided to call it quits. Watch for the next corporate owner to be hailed as yet another big bucks entity coming to Birmingham.)
 

In a recent CBS 42 “Deadly Deception” clip, Mayor Bell incredulously claimed that he was not permitted to even communicate with the EPA about the decades-old issue in north Birmingham or anything else EPA related:

“The EPA still had the Mayor of Birmingham, not William Bell, but the Mayor of Birmingham listed as being banned from being able to communicate any form, way shape or form, with the federal government, in particular the EPA.”

What Mr. Bell was referring to, and twisting to suit his purposes, is a move by the federal government in 2009 that came after former Mayor Larry Langford was indicted on bribery and conspiracy charges, which placed him on a federal “Excluded Parties List:”

Birmingham Mayor Larry Langford no longer has the authority to sign federal grant applications or enter into agreements that involve federal money as a result of his indictment on bribery and conspiracy charges.

Langford's name was placed on the federal government's Excluded Parties List -- a list of people and organizations barred from conducting business with federal agencies -- by the Environmental Protection Agency in March. Langford received a notice of the action in late February.

That action by the feds was to prevent Langford from having any more authority over federal grants and monies. It did not mean that Bell was "barred" from communicating with the EPA like he would have everyone believe with his recent statements. Unless he wants us to think that the EPA would not be willing to take a call from him that should have gone something like this:

‘I need help over here in my city Region 4, my residents are sick and dying because of a nearby coal plant. I'm hearing from them every day. We have three schools in the area and I am really worried about the children. Could you please send someone over here to do some testing and let’s see what we have going on over here?’

Bell never made that call and he’s never shown any concern for those residents until CBS 42 pulled back the curtain on the whole deal through their investigative reporting. Has anyone with CBS 42 put two and two together and questioned, among themselves, the validity of what Mayor Bell is now offering as an excuse?

Giving Bell the benefit of the doubt, that he really didn't understand, is not any more comforting because it suggests he isn’t sharp enough to comprehend the 2009 decision. The leader of a large metropolitan area should be quick on their feet in the critical thinking department and possess an ability to fully understand the detail and meaning of any federal actions directed at his city.

Blaming his inaction on Larry Langford's misdeeds is a lame ploy. And Bell knows it. He's a savvy political player who's well-versed in the game of misinformation and distraction.

We think he's playing the ‘I didn’t know’ card for political duck and cover in a publicly embarrassing situation while following the scripting of certain corporate interest coaches.

Much like the Birmingham News, who won't break themselves of the habit of protecting Walter Energy's misdeeds by continuing to use words like "voluntary cleanup," in addition to allowing Walter to continue the incessant parroting of their "good neighbor" and 'not our fault' nonsense.

We also find it ironic that Walter Energy teamed up with the Birmingham Barons and the Birmingham Civil Rights Institute for Jackie Robinson Day earlier this year. The Mayor has an on and off reputation for favoritism to minority rights and figures when it seems to suit his own agenda, financial interests and publicity stroking.

It’s a proclivity he often forgets when it comes to the Big Mules and the BBA’s pie-in-the-sky ideas. He’s way too caught up in his chameleon-like changeability of ‘I’m for my people until someone else has an economic scheme that will bring in the money and elevate my importance.’ Luring the Barons to Birmingham is high on Bell's list of importance.

With the Robinson tribute he got the trifecta--he appears (albeit selectively) racially sensitive, Walter Energy grateful and Birmingham Barons bone-throwing all rolled into one. But what has he done for those north Birmingham residents who have been suffering for years so far? Absolutely nothing, because there's no glory in it for him, and he knows he'll get a sackful of angry corporate cats (aka Walter Energy and the BBA) if he gets too involved with the little people.

It's a shame really, because he could have had his own Robinsonesque moment, if only he'd managed to call up enough courage to get on the right team just once in his long and often controversial political career.

Jackie Robinson’s contribution to baseball and his people deserved to have that honor in April, we won’t disagree with that, but of all the sponsors who could have been approached for the event the city chose Walter Energy. The same company who is the number one alleged suspect primarily responsible for the toxic poisoning in the minority neighborhoods of Collegeville and Harriman Park since 1989.

What would Jackie Robinson have said about that choice?

He would have called it what it is: foul ball.

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Hell No--We Won't Go

The purpose of this site is to expose corruption and injustice in forms that affect the lives of many. Sprinkled in-between is strong opinion on matters of public interest, in addition to stories that the owners of this site feel are important to offer to our wide, global audience of readers.

We exist to level the playing field and to try and fill the void that the mainstream media cannot or will not report on for a myriad of reasons: laziness, conflicts of political and advertiser interests, a lack of time and workforce power, and sometimes the deliberate suppression of information the public should know about.

This site has been successful in its purpose if our readership and traffic are indicators of the popularity of truth-telling.

But someone is really upset with us, enough to make threats that wade into the area of a federal crime. They want us to shut up, go away and stop talking about what we cover. Maybe they are uncomfortable with having their misdeeds on the worldwide web for a mass audience to peer into. Maybe they're just too accustomed to getting away with 'it' as a matter of the accepted norm.

They shouldn't be, but that's what the state media has allowed them to do for years--operate right out in the open without harsh examination no matter how much they do to the regular folks. Or the environment. We think that's wrong on so many fronts it's hard to know where to end that miles long list of egregious, and sometimes criminal behavior.

'Let's lean on Max and his gang a little harder so they'll be quiet.'

We've upset the usual suspects with some of our reporting and commentary. We've upset some in the media who sit on lofty perches and sneer down on bloggers as ankle biters outside the realm of "serious journalism." How dare anyone have an opinion, and dare to write about it, unless they are reporter with a mainstream media outlet.

We dare to.

And we'll continue to do it.

As long as there is corruption and injustice to write about it, we'll write about it.

No amount of threats or pressure will silence what we have committed to do in the name of exposing wrongs.

Would you expect any less from us our readers?

What say you to those who hide behind anonymous threats of "homes are so fragile....you're debt is now due and payable isn't it?"

Doesn't it sound similar to the the old capos who would send their henchmen into a place of business, in an attempt to intimidate a reluctant-to-being-shaken-down owner: "You have such a beautiful store here, it would be a shame to have it burn to the ground."

Yes, it kind of does sound somewhat similar. The intent is clear.

And to them we say: not just 'no' but hell no, we won't go.

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CBS 42 "Deadly Deception" Documentary August 9, 2011--9:00PM CST

From the leaders in environmental news we can use, CBS 42, Sherri Jackson and Ken Lass bring us full circle with the pervasive contamination in north Birmingham and beyond in their upcoming summation documentary on "Deadly Deception."

In what should be a contender for a well-deserved RTNDA Edward R. Murrow Award, this groundbreaking series from CBS 42 proves that one state media organization understands the concept of being unafraid and bold.

For decades the minority population in the Collegeville area of Birmingham have been the victims of toxic secrets, secrets that have cost them not only their health, but many have lost their lives for nothing more than just trying to live their lives. It didn't have to happen to them. The state knew the risks. The EPA knew the risks. Many people in positions of authority knew the risks. The citizens directly affected by the contamination were willfully kept in the dark while the profits poured into everyone else's pockets. 

It's happening all over Alabama: a flippant attitude of "better dead than unprofitable" permeates the economic development platform of this state. Jobs and profits trump clean air, clean water and the rights of citizens to exist in communities with a reasonable expectation that they will be safe from exposures that can kill them.

Years have passed, and many Alabamians are just now learning their right to live safely in their neighborhoods has been taken away from them by corporate Alabama. Compounding the tragedy is the fact that it's taken death after senseless death for these people to find out what they have been living with.

Why has it taken this long and why did so many have to die? How many more will?

Don't we have a Dr. "in charge of Alabama now" sitting in the Governor's mansion? Has he cast aside his Hippocratic Oath in favor of a monetary oath owed to his BARD benefactors and similar corporate campaign contributors? The same question stands for our lawmakers: where do their true loyalties lie?

There must be an end to this "deadly deception" and the paying to pollute mindset before any more lives are lost, communities are irreversibly ruined and more schoolchildren are sickened from the complete lack of responsibility by those charged with supposedly keeping us all safe. 

Anything less is not just a "troubling situation"--it's a fatal vision.



CBS 42 Deadly Deception Documentary-1

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AlterNet--"Banning Corporate Personhood: How Communities Are Taking the Law Back from Big Companies"

In an article by Sabrina Artel, republished on AlterNet, Ben Price of the Community Environmental Legal Defense Fund explains how communities can fight corporate power with a new legal weapon: Home Rule.

The audio link below is a stellar presentation by Mr. Price, who's addressing the pros and cons of Home Rule in NY, and how it may allow for better oversight in the process of natural gas drilling aka fracing or fracking. However, his points on Corporate Personhood, and the need for more local control in issues that profoundly impact communities, is universal and compelling information for everyone to consider.

He's on the right path, but there's another component that we believe should be incorporated for Home Rule to function effectively--strong citizen involvement.

PODCAST

We agree with Mr. Price in theory, but if corporations and their lobbyists can influence legislation on a state and federal level, they'll also find ways to influence easily persuadable and sometimes corruptible local governments, particularly the ones that are strapped for funds and jobs.

The two biggest disadvantages of Home Rule are:

---The ability of a municipality to increase revenue through taxes and bond issuance

---The ability to exert local control over decision making with limited or no oversight and the absence of certain procedural limitations

Both of these situations can lead to financial disaster for a community if the decision makers are not intellectually equipped to understand the ramifications of their decisions. It's not commonplace for most municipalities, especially smaller ones, to count among their local government members individuals who have a strong economic and financial background. In fact, most local governmental bodies in Alabama are made up of average citizens who's education level does not exceed high school.

In communities where there are officials with a higher education degree, the problem persists of a lack of economic and financial expertise, in conjunction with the ability to look down the road and envision potential long-range consequences. These communities frequently place the fate of their development plans into the hands of county officials. The agenda of a county government differs from local government and they'll always operate in the best interest of county revenue potential first and foremost, without fair consideration for local community impacts such as:

---Environmental impacts on the quality of life, including air and water quality

---Potential long-term impact on the alteration of the surrounding lands and how it will affect future generations

---The shifting of the community political power base to corporatism instead of populism

---Opening the door to non-community based special interests to write and direct local zoning laws and regulations

Readers of our site can recall numerous stories we've posted that serve as compelling examples of how the theory of Home Rule can be abused by a less than transparent local governmental body. Alabama as a whole is replete with instances of local governmental bad decision making, violations of the Open Meeting Act, adopting zoning laws that are against the wishes of the community as a whole, and a general tin-ear stance when it comes to listening to the will of the people.

Far too often decisions are made by less than one percent of the local community's collective population, yet the impact of those decisions are felt by all. Large industrial and invasive projects should never be approved without full community involvement from start to finish. Citizens need to be able to fully evaluate the impacts of potential projects with unbiased information sources and not be bombarded with the propaganda of PR representatives who are only in it for profit.

Local officials encourage this kind of bad behavior and misinformation campaigns because they know they don't have to let the the process be fair. Alabama's Open Meeting Laws are weak and full of loopholes which further enable secrecy about discussions between officials and potential businesses looking to set up shop in the local area.

More often than not, the community is kept in the dark until it's too late to mount effective opposition to a project they do not want. The more controversial a project is the higher the level of secrecy of any precursory information about the plan.

We think a better solution would be to allow citizens to vote on zoning ordinances and proposed projects in their communities in conjunction with Home Rule. By applying stronger citizen involvement in the process of local decision making, the local government has to answer to a deeper layer of the community's wants and desires, and it removes the inclination of local officials to run rough-shod over their citizens' voices.

There are states that have adopted citizen involvement (through voting) in zoning ordinance changes and implementation. We'd like to see Alabama become more responsive to the value of populist government and allow her people to have more of a voice in their communities.

Currently, after years of stripping away citizen power, many Alabamians have simply given up fighting City Hall and Montgomery. They've become dejected and beaten down after years of being ignored by the decision makers at state and local levels and have lost their will to fight. There's been a massive slide in the balance scale of who has the most rights and the loudest voice from the people to corporations.

Corporate America and the political machine intended this result. They've taken this method to the national level and gained Personhood status thanks to the Supreme Court. Mr Price says "as individuals we don't get exemptions from the law that our neighbors (meaning corporations) do." He's right in that assessment, but we don't believe Home Rule is the solution in absence of populist governmental bodies.

Much like corporate America, local government for the most part, will not police itself and tends to operate under the assumption that election to office means they no longer have to listen to their constituents. A fifedom of sorts is created and it becomes a push pull between the interests of a few versus the interests of many--democracy is thwarted and in its place a dictatorship arises.

Home Rule is a worthy debate and idea. Let's go the extra mile and add real teeth to the discussion by giving citizens a stronger voice in what happens to their communities through voting on what they want their community to become--a vibrant and thriving place to call home or a sacrifice zone.

Taking back the law from big business is only half of the problem. Reinstating citizen power and giving the people a mighty voice in the process is the key to a successful and lasting sustainable solution.

So Say We The Opinion Board Of The Vincent Alabama Confidential

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Churnalism, Inc. and the North Birmingham Walter Coke Contamination

In an editorial from the Birmingham News on July 9, 2011, once again the editorial board missed the mark of accuracy, and either failed to gather the known facts or purposefully spun the the issue of the Walter Coke contamination in north Birmingham. Either way, the idea of verify first and print second is absent in our state media.

The editorial started out in the right direction and raised the importance of testing new and proposed school sites before construction begins. It's unthinkable that the Birmingham School Board and the City of Birmingham would embark on erecting a new school, especially in an area of years of heavy industry, without doing an environmental assessment first. They were forewarned about the existing problems as far back as 1989.

An ounce of prevention would have been well worth the proverbial pound of cure for students attending the Hudson K-8 school in Collegeville. The CBS 42 series "Deadly Deception" (DD) has been following the Walter Coke contamination story in north Birmingham for months now, and once again, print media is slow to catch up to the fast moving train of hard-hitting investigative reporting that CBS 42 has led with.

What makes the mistakes by the BNED so disappointing is that CBS' series has done the work for them, and all it takes to run an accurate editorial is to spend a little time looking through the video reports from Sherri Jackson and Ken Lass, lead reporters for the DD series. We wonder if they even bothered, based on their editorial, and hope that they did not rely too heavily on press releases and conversations with Walter Coke and Birmingham officials in forming their print opinion.

Here's what they got wrong:

"Walter Coke has been under an EPA enforcement order since 1989, so the agency can require Walter Coke to perform testing and cleanup, which the company is doing voluntarily now."

When you are under an enforcement order, clean up is not voluntary. It's ordered, as in you have to do this. Walter Coke has spit out the same angle; "we are doing the remediation on our own motivation to be a good neighbor." 

"-- arsenic and polycyclic aromatic hydrocarbons, or benzo(a)pyrene -- are associated with Walter Coke," said the EPA's Brian Holtzclaw, although a spokesman for the company said they can come from a number of sources, "even nonindustrial sources, other than us."

Still, Walter Coke is doing its part and voluntarily paying to replace soil at Hudson K-8 and residential properties in the area where high levels of contamination were found. 

'Voluntarily doing their part' is a repetition of repeating the illusion that the company is 'doing the right thing just because.' It's interesting they allow the company to slip in the possibility that 'something else' may be causing the contamination besides the coke plant that has been operating at that site since 1967. Walter Coke even went so far as to blame the residents in the area for some of the contamination in previous correspondence with the EPA, read: "non-industrial sources." CBS included those documents in their series, all it would have taken to find them was for someone on the BNED to bother to look.

While Birmingham school officials said they didn't know about the contamination and didn't conduct environmental tests, they should know better now.

Yes they should, but they did know and CBS 42 made that clear in their previous segments on DD. Birmingham School Superintendent, Dr. Craig Witherspoon knew about the contamination in 2010, according to a document from the EPA, and he did nothing to inform the parents despite being asked to do so. The City of Birmingham also had to know prior to construction because of the 1989 order from the EPA documenting the contamination in the area. Why is the editorial board unable to put two and two together and report it decorously?

The most recent soil tests at Hudson showed "unacceptable levels" of contamination, said Holtzclaw, which led Walter Coke to strip out six inches of soil, put down a vapor barrier, fill in with new soil and resod the contaminated area. Soil testing will continue. 

The contaminated soil can and should be replaced we agree, but if the source of the contamination persists recontamination of the 'new soil' is certain and inevitable. Considering that it took decades for action to begin on any remedial action, it's not a stretch to presume additional remediation will not be timely.

 "If the pollution is coming to the soil...you can clean up that individual soil. but it's still going to be getting dirty and polluted so you gotta look at the source of the air pollution."---Dr. Anne Turner-Henson. 

Despite the residents calling for the school to be closed, the EPA is incredulously claiming that's not necessary, and the residents remain unhappy with the over-their-heads technical speak coming from the Jefferson County Department of Health:

The level of chemicals found at Hudson doesn't warrant closing the school, Holtzclaw said, but the testing will continue. Meanwhile, the county health department is monitoring air quality to make sure the school and surrounding areas are safe. 

Completely glossed over and absent from the editorial was the statement of EPA official Holtzclaw who said he was "shocked" that the Hudson K-8 school was built on ground that the EPA had already deemed contaminated. As far as the surrounding areas being safe, that's wide open for debate too, and we'll put that monkey squarely on the back of the EPA who has a nasty habit of raising the levels of acceptable exposure to allow big polluters leeway.

Birmingham News writer Marie Leech included in her story the glaring problem that happens in Alabama and other states, about the lack of a federal mandate that cities test for contamination before building new schools:

For most states, including Alabama, "EPA has recognized over the years that there were no guidelines or oversight when it came to the safety of building school properties," Holtzclaw said.
That led the EPA in November to establish a set of voluntary guidelines for school sites that suggests site reviews, environmental reviews and public involvement.
Environmental testing before schools are built is not required in Alabama, officials say, which could lead to more problems like the one at Hudson. 

The BNED did take issue with the nonsense of not testing first, but why did they let the city officials who knew off the hook? If there is something upsetting in this whole ordeal that ought to rank high on the list, although the EPA and ADEM are the most deserving of harsh criticism because they knew first and did nothing for decades. The EPA added insult to injury and failed miserably in making recommendations "voluntary" not federal requirements. However, even if there had been mandatory guidelines, Alabama would have found some way to challenge the legality of it, preventing adoption of the rules until the lengthy legal battle ran it's course.

 

Bob Morgan director of capitol projects for city schools gets dangerously close to sounding like an utter incompetent when he feigns 'whadda ya want from me, nobody said anything': 

Morgan said several community meetings were held when plans for the new school were being drafted, and nobody raised any concerns.
"In fact, everybody in the community said they wanted a new school," he said. "As long as we have people living in the community and sending their children to school, we have to provide them a school to go to." 

No one in the community knew they were living in a carcinogenic soup Mr. Morgan or they would have raised the same concerns (and hell) they are raising right now. But the city and state knew. Did you know too? Is it appropriate for you to assign any blame to parents for wanting new schools for their children to attend? We cry foul on that and you too, sir.

The worst transgression continues to be the blase attitude of our media who fail to get the facts straight and present honest stories on matters of tremendous public interest in a timely manner. The information was there since 1989 why didn't anyone in the print media find it?

The new motto of the Birmingham News is "this is our story" and they've taken some flack from some who felt the motto would have been better suited to 'this is your story.' Many are now distrustful of the News and their trend in recent years of filtering news stories with a biased interest, slanted in favor of business, established politicians and deference for certain advertisers endeavors.

Their position seems to have shifted to a predetermined discourse on particular issues  that doesn't rock the boat too hard and create a spillage of revenue dollars. Or political tempers. 

What took them so long to offer an opinion about the contamination in north Birmingham, and once they did, why does the BNED 'voluntarily' swing at the issue with velvet gloves and allow Walter Coke, the Birmingham School Board and city leaders some leeway? We suspect it's rooted in the bending of news stories and editorials to fit news values, political interests and media logic--the new norm in the age of press releases from governmental and corporate propagandists permeating news rooms.

The end result is more 'churnalism' than journalism.

Children continually being exposed to deadly toxins and city leaders acting dangerously irresponsible is not an issue to come late to reporting on, and if you are going to be tardy, at least make every effort to be 'dressed appropriately' in accuracy.

Anything less is not the real story.

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