New class action suit: Kimbrough, et.al., v. Schafer

Three attorneys, J. L. Chestnut, David Frantz, and Phil Fraas, have filed a class action lawsuit against the USDA on behalf of the 63,000 or so Black farmers who fall under the category of "late filers." This group of farmers were ruled ineligible for inclusion in the Pigford Consent Decree. Per the web page of the Federation of Southern Cooperatives, this move is in response to the latest farm bill that includes a provision for seeking justice for those who missed the initial deadline under Pigford.

The FSC is urging caution in the face of attorneys who might promise more than they can deliver. Up front money should not be required to be a part of this effort.

The action is entitled "Kimbrough, et.al., v. Schafer," and the lead counselors are drawing attention to the limited resources allocated in the bill. Only $100,000,000 is allocated now, but there are hopes that Congress will appropriate more funds later.

Counsel is waiting for the Secretary of Agriculture to file an answer.

Reminds me of a "chance encounter," if there is such a thing, with a gentleman in a local restaurant yesterday. As we stood in line at the cash register, I commented to him, "Nice shirt." The words on the t-shirt read "Pray Until Something Happens." His comment? "It's been a hard day." I wish I'd continued the conversation. He lives in the area. I hope our paths cross again. I won't let the conversation die again. I promise.

This situation with the farm bill and the allocation for addressing grievances is one of those "pray until something happens" times. Pray and work, work and pray, until, in the words of the song, "righteousness rules this land."

A Gnat on an Elephant?

The Farm Bill looks to be closer to getting passed. After getting log jammed around a variety of economic and political issues, it looks to be headed out of committee next week. While President Bush is apparently still threatening to veto it, and while the Congressman in our area, Randy Neugebauer, has threatened to lead an over-ride of the veto, we'll just have to wait and see.

According to Senator Grassley of Iowa, the bill addresses the major issues pushed by the president, but is apparently still very far short of reform. Among other things, still the wealthiest of farmers continue to get subsidies while President Bush wanted limits on subsidies. According to Grassley and his list of top ten reforms in the farm bill, it is a "good faith" effort on behalf of Congress to get it done.

At the bottom of Grassley's top ten list is the one that jumps out as relative to these pages, "provides for right of action for Pigford Claims Act." Late claimants number approximately 75,000 black farmers who were denied access to the Pigford Consent Decree. What is right about this provision is that it acknowledges the problem; what it doesn't provide is a clear vision for righting the wrongs. It just opens up the possibility for wrongs to be righted. Let's all hope, and pray, and lobby for this provision to stand out loud and clear.

Other provisions of the bill allow for special consideration for socially disadvantaged farmers and first time farmers. Those are good things, but are they enough?

Here's the link to Grassley's page which will list in more detail his top ten reforms of the bill.

Here's what our area congressman wrote in his post to constituents yesterday:

NEUGEBAUER HAILS COMPLETION OF THE CONFERENCE COMMITTEE REPORT ON THE 2008 FARM BILL; CALLS FOR FARM BILL HARVEST

“The seeds have been planted; now we must prepare to harvest. It is time to roll up our sleeves and take this to the finish line”

WASHINGTON, DC – As the conference committee wrapped up an agreement on the 2008 Farm Bill Conference Committee Report, Congressman Randy Neugebauer (TX-19) released the following statement:

“I am pleased the conference committee was able to reach agreement on the 2008 Farm Bill. This is a substantial step towards this legislation becoming law. Seed has been planted across America, and it is time to set a farm policy that gives producers certainty for this crop season and beyond. As final language and budget numbers are completed, it is my expectation that the House and Senate will vote on this final Farm Bill package next week.

“While this legislation will make some changes I do not support, farm policy overall will remain very similar to policy under the 2002 Farm Bill, which producers across the district tell me has suited them well. Because of the delay in completing this legislation, no major changes will be implemented for the 2008 crop year.

“I call on the House and Senate leadership to bring this long overdue legislation to the respective chambers for consideration as soon as possible. Additionally, I spoke directly to the Secretary of Agriculture and the White House yesterday to stress the importance of signing this bill into law.

“While only 16 percent of this bill deals directly with agriculture production, it is that 16 percent that serves as the vehicle for the various other provisions in the bill. Without food production, nutrition and food assistance programs become irrelevant.

“In the 19th Congressional District, producers have crops in the ground and throughout the nation the planting season is well underway. We cannot afford to move forward without a sound farm policy for our producers. Without it, we face the risk of losing agriculture infrastructure and becoming dependent on other nations for food and fiber as we already are for energy.

“Now is the time to roll up our sleeves and finally take this long overdue legislation across the finish line. Again, I urge both the Senate and House leadership to bring this to a vote as soon as possible and ask that my colleagues support this critical legislation. Most importantly, I call on President Bush to sign this bill as soon as it reaches his desk. Should the President decide to veto this legislation, I will vote to override his veto and will encourage my colleagues to do so as well.”
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The Work of the Rural Coalition

The Rural Coalition is committed to the "support of small farmers, farm workers, and rural communities and [to] build a just and sustainable food system," per their web page. Their Farm and Food Policy Diversity Initiative Policy Team has worked what looks like long hours in developing a response to the 2007 Farm Bill. I would encourage you to go to their web page, read the seres of documents, reflect upon the content of their materials, and then to sign on to have your voice heard in these important matters.

Specifically, the Rural Coalition has documents that summarize the complicated farm bill. The Farm and Food Policy Diversity Initiative's Farm Bill Progress Report and Recommendations for Conference lays out in a clear way each issue/program, the House Bill's version, the Senate Bill's version, and the Diversity Initiative's recommendation. There are several: foreclosure moratorium, resolution of civil rights claims, 2501 outreach program for socially disadvantaged farmers and ranchers, improved program delivery on Indian reservations, inclusion of farmworkers, and many, many others.

Of particular interest is the resolution of civil rights claims relative to the determination of merits of the Pigford Consent Decree, the House's version provides a maximum of $100 million in mandatory funding while the Senate's version provides for the same amount but authorizes additional funds to be appropriated as needed to settle claims. Rural Coalition's Diversity Initiative's recommendation is to "maintain the provision and accept the stronger language and additional appropriation in the Senate version."

In a future post, I'll lay out some numbers that will show the inadequacy of the House version in terms of settling with Black farmers who've experienced discrimination.

I'm personally grateful that Lorette Picciano, Executive Director of Rural Coalition/Coalicion Rural, participated in the 10th Annual Black Land Loss Summit and spoke to these important matters.

Check out their retail website as well.

Dear Presidential Candidates

January 18, 2008

Dear Presidential Candidates Clinton, Huckabee, Romney, Edwards, McCain, Obama, Thompson, Paul, and Giuliani:

Your work is undoubtedly centered today and tomorrow in South Carolina, and then to other states in days ahead. Some of us are glued to the television sets, listening to the debates and what the political pundits will have to say afterwards. We understand the seriousness of the times in which we live. We are grasping ideas of economics, global terrorism, education of our youth, and the need for change.

However, there are social and political issues you have have yet to embrace. In particular, some of us are very concerned about the cause of the African American farmer in America. We are hopeful that the 2007 Farm Bill will serve to reopen the Pigford Consent Decree. If the numbers are accurate, approximately 70,000 Black farmers were omitted from the possibility of receiving some measure of reparations. It is possible that the number will be perhaps even higher. We remain hopeful that the amendment will stay in the bill that will soon come out of committee.

We are concerned about the tidal wave of land loss among Black farmers since 1920. While small farmers are losing their land to larger farming entities, Black farmers are losing their land at a much higher rate. We believe that efforts from all levels and branches of our government need to come together alongside policy-makers within various agencies such as the USDA and the DOJ to bring about justice.

And, other than Senator Obama, we have heard nothing in the media as to where the rest of you stand on this important issue that is related to farming and to the Black farmers of our land in particular. We hope you will speak loudly in the days ahead. We are concerned about the issues you emphasize in your speeches and debates, but we think your focus can and should include these people who work the land, who are important to the production of food and fiber in our country, the people who have been historically marginalized by government policy, procedures, and actions of employees of departments of the federal government.

Given these important matters, we encourage you to do two things: 1) support the 2007 Farm Bill and the amendment to reopen the Pigford Consent Decree and 2) take up the cause of the African American farmer and help bring about hope and justice to these farmers and their families as you work on the campaign trail over the next few months.

Thank you for your consideration.

Respectfully,


Waymon R. Hinson, Ph.D. Kimberly Cherry, B.A. Rebecca Culver, B.S.


Michelle Finley, B.A. Sarah Hugman, B.A. Scott McBryde, B.A.


Heather MacLeod, B.A. Brian Wingfield, B.S.

Senator Obama, You're Invited

January 10, 2008

Senator Barack Obama
713 Hart Senate Office Building
Washington, DC 29510

Dear Senator Obama:

Activists who are concerned about the cause of the African American farmer in America are deeply appreciative of your efforts in passing the amendment to the 2007 Farm Bill that will serve to reopen the Pigford Consent Decree. If the numbers are accurate, approximately 70,000 Black farmers were omitted from the possibility of receiving some measure of reparations. It is possible that the number will be perhaps even higher. We remain hopeful that the amendment will stay in the bill soon to come out of committee

We are also concerned about the title wave of land loss among Black farmers since 1920. While small farmers are losing their land to larger farming entities, Blacks are losing their land at a much higher rate.

Given these important matters, we encourage you to accept the invitation that has been offered to you by Gary Grant, President, Black Farmers and Agriculturalists Association, to speak at the 10th National Black Land Loss Summit in Whitakers and Tillery, North Carolina, February 15-17, 2008.

Thank you for your consideration.

Respectfully,


Waymon R. Hinson, Ph.D., Kimberly Cherry, B.A.,
Rebecca Culver, B.S., Michelle Finley, B.A., Sarah Hugman, B.A.,
Heather MacLeod, B.A., Scott McBryde, B.A.

She's One Mad Farmer

Bernice Atchison is President of a county Black Farmers Association in Alabama. She is mad and justifiably so. She is one of some 66,000 Black farmers who were denied entrance into the class action suit known as Pigford v. Glickman. She's up in arms and is relentless in her pursuit of justice. She represents her entire county of Black farmers, none of whom were notified as to the class action case and how to gain access to class membership. She has affidavits to prove it, but that story is for another occasion.

She speaks emotionally and convincingly as to the gross miscarriage of justice in the Pigford case. She's upset about the failure of discovery in the process, about farmers being compelled to locate a similarly situated white farmer with whom to compare and contrast their complaints, one of Judge Friedman's most grievous mistakes, and the burden of "substantial evidence." She claims that this whole thing is a breach of the constitutional rights of American citizens. In November, 2004, she spoke before the Subcommittee o the Constitution of the Committee on the Judiciary in the House of Representatives. See this link for her testimony.

In addition to those things, she has a long list of evidence that proves that she attempted to gain entrance in a timely fashion into the case but was repeatedly denied access. She's mad about a lot of things, and I don't think she's going to quit before she finds justice in the courts or somewhere.

She's a moving, active, emotional, intense presence in these matters. She's one of many "faces" in the plight of the Black farmer.

She wants to be heard, and she wants some serious action. Maybe, just maybe, the new farm bill will provide some measure of justice. We can only hope and pray for that to happen. See this link, pages 25 and 26, for a comparison of the House and the Senate bills on addressing discrimination towards Black farmers. Looks like there's a cap of $100 million and that foreclosures will stop for claimants.

I hope you're reading today, Ms. Atchison. There are a lot of us who agree with you.

Farm Bill and Justice for Black Farmers

The Pigford v. Glickman case has been a topic of much debate for some time. Some have hailed it as the greatest effort in the Civil Rights Movement, period. Others have railed on it as one more gross miscarriage of justice.

More on this later on these pages, but in short, if a Black farmer farmed and was discriminated against between the years 1981 to 1996, there was a virtual lock on receiving some measure of justice via Track A and its $50,000 remuneration plus debt and tax relief, or Track B and its $75,000 remuneration plus debt and tax relief. Track A was supposed to be relatively simple, but track B demanded more information. See this link for the latest figures and here for an ongoing evaluation of the effort.

Numerous problems have evolved including some receiving payments when they had not farmed during that window of time, and I've even heard stories of white farmers receiving payments. What is that about?

One of the most serious problems amidst the large number of problems with the class action effort was that of informing, or rather failing to inform, Black farmers of their right to enter the case. Many farmers did not receive word of it. In fact, one day soon, I'll write a piece about an entire county in Alabama in which Black farmers were not informed and about the woman who is devoting her life to righting these wrongs. Hard to believe? I have copies of various documents supporting that fact. So, in short, there were close to 74,000 who were not admitted to the class because of late claimant status.

So, in the Senate version of the 2007 Farm Bill which is apparently now in committee to resolve differences, the case will apparently be reopened.

Here are some links that provide more information on this crucial topic. John Boyd's comment is especially interesting: ''We're looking at far more than $100 million, absolutely,'' he said. ''But half a loaf is better than none," as quoted in the New York Times. Check out another piece in
the Ag Observatory.

Social Justice Team III will be meeting here on campus this morning. This will likely take up some of our time. We all need to be informed about these matters.

Senate Passes Farm Bill

Watching a Senate debate requires having something else to do at the same time. The viewer is never quite sure if everything is happening on the screen, but likely not. We all understand that there are many contexts in which back channel negotiations or off the record conversations are taking place, and how the back scratching thing works. Surely senators often feel divided between what's good for my state versus what's good for my country. The added piece for me is what's good for "my people," and my people are more than just those who share my skin color, economic status, vocational choice, and region of the country.

So, it's good to know that the Senate passed its version of the farm bill last week. It's good to know that the farming industry, with all of its complexities and challenges, will continue to feed our people of this country and many around the world. It's good to know that there's a linkage between the land and the city, and that people in the city who cannot afford quality food to eat will be able to do so via provisions of this $288 billion or so bill.

I'm also glad that an amendment was passed that reopened the class action suit that has marginalized so many African American farmers. Those numbers are compelling and those people must be taken note of. We owe it to them. We belong to them and they belong to us.

Here's a link that provides a better summary, but perhaps we'll visit again about the farm bill on these pages when the committee work has been done and the president has signed off on it.

Politics and Farming, Black and White

Is it possible that the farming issue, and that of Black farmers in particular, will influence the presidential debates and outcome over the next few months?

Already, Obama has thrown down the gauntlet.

And, Hillary has drawn her line in the sand, at least in terms of getting the farm bill passed.

Who on the Republican side is willing to do the same, not just for the farm bill but for African American farmers besides Chabot from Ohio?

Just wondering.

They're Doing Something About It

Much has been said the last few days in the Senate chambers in DC about saving rural America. The rhetoric is pretty clear that the people in power in DC know that the countryside, rural areas, farming, and farming families are good for us. What's good for the family farm is good for America.

There are some folks out there in rural America who are making serious moves to do something about it. They are putting action behind their words, and, maybe they're doing more doing than talking. Either way, here is a site worth looking into and a people and an entity that deserve a shout out.

Try this link to go to information about a cooperative that is concerned about saving rural America, Winston County Self-Help Cooperative. They'll even put you on their email list if you ask.

And Let the Debate Begin

Thanks to a case of the stomach bug that's passing through Abilene the last few days, my wife and I are finding the Senate debate about H.R. 2419 more than interesting. It began yesterday with summaries of the bill, better known as the 2007 Farm Bill, kudos to all who participated, and words of appreciation and respect to all on both sides of the isle who have made this a bipartisan bill. Beyond the technicalities of the titles and the billions of dollars in each area, and implications of the bill and its massive scope, eventually, eventually, one senator spoke with passion about the impact of the bill on family farms and farming.

Naturally, for an educator, the posters, graphs, and charts were interesting. Too bad they couldn't use power point. On the other hand, as a listener-and-gatherer-of-stories kind of a professional, the segment on daily life on the farm by the senator from North Dakota was compelling. To those of us who live in cities, large or small, removed from the country-side, we need to be reminded of life in the country, and the display of labor and love by the 2% of our population who feed the 98% of us.

On the other hand, given the purposes of this blog, and the interests that fuel the flames of those of us who write on these cyber-pages, there was a glaring omission. Yes, I get it that the funding for the socially disadvantaged farmers is minuscule by comparison to funding in other titles, but my hope in our people is that eventually there will be meaningful debate and deliberative action on behalf of the disadvantaged farmers of our land, the African American farmer, the American Indian farmer, the women farmers, and others. And, I hope and pray that those who once farmed, who are still holding on to their land, will be able to farm again, and, I pray for those in rural areas who have never farmed will be provided that opportunity.

There was a shout out for the struggles of those who have lost their land to foreclosures due to inadequate responses to disaster, thus, the need for a more expeditious process with regard to disaster relief and funding. On the other hand, some of us have heard story after story, agonizing story after agonizing story, painful story after painful story, of Black farmers and their spouses and children watching as local officials come to repossess property and to place signs of foreclosure on family land. It is indeed a family farm issue; it is also a Black farmer issue. It is especially a Black farmer issue.

So, by the time the debate comes to and end, and hopefully the debate on procedural matters will end today, I am hoping and praying for more than just a small shout out to the struggles of African American farmers. They deserve more. In my opinion, we are obligated to make way for more than our history has provided.

Preliminary thoughts: 2007 Farm Bill

The 2007 House-passed Farm Bill is an important piece of legislation dealing with agricultural policy that affects the lives of farmers and consumers alike. Additionally, and more to the point, the Farm Bill has important implications for the continuing fight against injustice and discrimination towards Black farmers who farm under USDA guidelines. Although the 2007 Farm Bill attempts to increase aid to socially disadvantaged farmers, most see the bill as a colossal disappointment. The EWG statement (http://www.mulchblog.com/2007/08/ewg_statement_on_house_farm_bi.php)
regarding the Farm Bill sums it up nicely by stating that it will be remembered as a “missed opportunity for reform of federal farm policies that are broken at their core.” This missed opportunity includes the chance to adequately acknowledge and correct the inequities in USDA policies in dealing with black farmers.

Link to the Farm Bill: http://agriculture.house.gov/inside/2007FarmBill.html

Check out this summary found at the Environmental Working Group web page from earlier this week: http://www.ewg.org/node/25509.

More on this later from the team as we read responses to the bill from around the country.

Sarah Hugman