book review the color of law: a forgotten history of how...

20
Poverty & Race Research Action Council • 1200 18th Street NW • Suite 200 • Washington, DC 20036 202/906-8023 • FAX: 202/842-2885 • E-mail: [email protected] • www.prrac.org Recycled Paper Richard Rothstein’s The Color of Law ............................ 1 Brian Knudsen. A book review. Segregation: A Persistent Public Health Challenge ....... 3 Robert Hahn. A major information gap for health agencies needs a response. This Green and Pleasant Land ...................................... 5 Bryan Greene. Harlem at a crossroads in the summer of ‘69. Essay: The Fight to be Public ........................................ 7 Tyler Barbarin. Reimagining the Community Benefits Agreement. PRRAC Update ............................................................. 10 Resources .................................................................... 15 CONTENTS: April-June 2017 Volume 26: Number 2 Book Review The Color of Law: A Forgotten History of How Our Government Segregated America, by Richard Rothstein Brian Knudsen Brian Knudsen, bknudsen@prrac. org, is Research Associate at the Pov- erty & Race Research Action Council. (Please turn to page 2) When Frank Stevenson came to work in Richmond, California during World War II, he found that little ap- petite existed for residential racial in- tegration. The white residents of rural Milpitas,California got wind in 1953 that the Ford Motor Company plant employing Stevenson and 250 other African Americans would be relocat- ing to their town, and they quickly snapped into action. In a scene that played out in many locales across the U.S. during the last century, the citi- zens of Milpitas incorporated their city and passed an emergency exclusionary zoning ordinance banning apartment construction and allowing only single- family homes. Federal Housing Ad- ministration (FHA) approval, neces- sary to finance construction of low-cost subdivisions in Milpitas and elsewhere, explicitly prohibited home sales to Blacks. With no apartments to rent and excluded from the single-family mar- ket, for twenty years Stevenson en- dured a daily six-hour round-trip com- mute to and from his residence in Rich- mond California’s Black ghetto. In his new book, The Color of Law, Richard Rothstein recounts this and other stories to portray the immense costs and profound consequences of de jure segregation on African Ameri- cans. De jure segregation, defined as segregation by racially explicit law and policy, is a complex system con- structed over decades to perpetuate— and in some instances to initiate—the spatial separation of whites and Blacks. The Color of Law argues that this type of residential segregation over the course of the twentieth century defined where whites and Blacks could live and denied African Americans access to middle-class neighborhoods, with ef- fects continuing to the present. Fur- thermore, Rothstein provocatively holds that this governmental promo- tion of housing segregation—occurring at federal, state and local levels—rep- resents a continuing violation of the U.S. Constitution’s Fifth, Thirteenth and Fourteenth Amendments. Finally, Rothstein agrees with past Supreme Court precedent (e.g. Milliken v. Brad- ley, Parents Involved in Community Schools v. Seattle School District, etc.) that the enactment of legal constitu- tional remedies requires showing that segregation had governmental origins. However, whereas Court decisions found no evidence of such state in- volvement, Rothstein sets out in the

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Poverty & Race Research Action Council • 1200 18th Street NW • Suite 200 • Washington, DC 20036202/906-8023 • FAX: 202/842-2885 • E-mail: [email protected] • www.prrac.org

Recycled Paper

Richard Rothstein’s The Color of Law ............................ 1Brian Knudsen. A book review.Segregation: A Persistent Public Health Challenge ....... 3Robert Hahn. A major information gap for healthagencies needs a response.This Green and Pleasant Land ...................................... 5Bryan Greene. Harlem at a crossroads in the summer of ‘69.Essay: The Fight to be Public ........................................ 7Tyler Barbarin. Reimagining the Community BenefitsAgreement.PRRAC Update ............................................................. 10Resources .................................................................... 15

CONTENTS:

April-June 2017 Volume 26: Number 2

Book Review

The Color of Law: A Forgotten Historyof How Our Government Segregated

America, by Richard RothsteinBrian Knudsen

Brian Knudsen, [email protected], is Research Associate at the Pov-erty & Race Research Action Council.

(Please turn to page 2)

When Frank Stevenson came towork in Richmond, California duringWorld War II, he found that little ap-petite existed for residential racial in-tegration. The white residents of ruralMilpitas,California got wind in 1953that the Ford Motor Company plantemploying Stevenson and 250 otherAfrican Americans would be relocat-ing to their town, and they quicklysnapped into action. In a scene thatplayed out in many locales across theU.S. during the last century, the citi-zens of Milpitas incorporated their cityand passed an emergency exclusionaryzoning ordinance banning apartmentconstruction and allowing only single-family homes. Federal Housing Ad-ministration (FHA) approval, neces-sary to finance construction of low-costsubdivisions in Milpitas and elsewhere,explicitly prohibited home sales toBlacks. With no apartments to rent andexcluded from the single-family mar-ket, for twenty years Stevenson en-dured a daily six-hour round-trip com-mute to and from his residence in Rich-mond California’s Black ghetto.

In his new book, The Color of Law,Richard Rothstein recounts this and

other stories to portray the immensecosts and profound consequences of dejure segregation on African Ameri-cans. De jure segregation, defined assegregation by racially explicit law andpolicy, is a complex system con-structed over decades to perpetuate—and in some instances to initiate—thespatial separation of whites and Blacks.The Color of Law argues that this typeof residential segregation over thecourse of the twentieth century definedwhere whites and Blacks could live anddenied African Americans access tomiddle-class neighborhoods, with ef-fects continuing to the present. Fur-thermore, Rothstein provocatively

holds that this governmental promo-tion of housing segregation—occurringat federal, state and local levels—rep-resents a continuing violation of theU.S. Constitution’s Fifth, Thirteenthand Fourteenth Amendments. Finally,Rothstein agrees with past SupremeCourt precedent (e.g. Milliken v. Brad-ley, Parents Involved in CommunitySchools v. Seattle School District, etc.)that the enactment of legal constitu-tional remedies requires showing thatsegregation had governmental origins.However, whereas Court decisionsfound no evidence of such state in-volvement, Rothstein sets out in the

Poverty & Race (ISSN 1075-3591) is published four times a year by the Poverty andRace Research Action Council, 1200 18th Street NW, Suite 200, Washington, DC 20036,202/906-8052, fax: 202/842-2885, E-mail: info@ prrac.org. Megan Haberle, editor;Tyler Barbarin, editorial assistant. Subscriptions are $25/year, $45/two years. Foreignpostage extra. Articles, article suggestions, letters and general comments are welcome,as are notices of publications, conferences, job openings, etc. for our Resources Section-—email to [email protected]. Articles generally may be reprinted, providing PRRACgives advance permission.

© Copyright 2017 by the Poverty and Race Research Action Council. All rightsreserved.

2 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

Race continues toshape our fraughtcontemporary moment.

(COLOR OF LAW: Cont. from page 2)

book to remove any doubt that suchacts took place. Constitutional rem-edies can be placed on the publicagenda, he contends, only after “wearouse in Americans an understandingof how we created a system of uncon-stitutional state-sponsored, de jure seg-regation, and a sense of outrage aboutit….”

The core chapters of The Color ofLaw provide a descriptive historical ac-count of de jure segregation. Rothsteinseparately discusses each element of dejure segregation, including govern-ment enforcement of racially restric-tive covenants, the use of zoning or-dinances for exclusionary purposes,segregation of public housing,redlining, and explicit racial require-ments in the Federal HousingAdministration’s mortgage insuranceprogram. While these topics (and theothers included in the book) have beenfrequently treated separately in priorresearch, perhaps never before nowhave they been so accessibly joinedtogether in this way. This is an im-portant innovation. Amassing all ofthis material together portrays in vividfashion how all-encompassing andmulti-varied were the governmentalefforts to spatially separate the races,and therefore to exclude Blacks fromequal participation in the society,economy and polity. We also learnfrom Rothstein’s research—so ablypresented in colorful examples and sto-ries—that this diverse process playedout over many decades and in innu-merable locations, both small andlarge. Overall, the reader leaves thebook moved and overwhelmed withthe knowledge of the magnitude andcreativity of past efforts to enforce

housing segregation in the UnitedStates.

Moreover, The Color of Law is pub-lished at an opportune moment. Thatthis book appears in the midst of anemerging zeitgeist of race-consciousscholarship and activism is propitious,and Rothstein clearly intends to con-tribute to and build upon this newwork. Following authors such as Ta-Nehisi Coates, Jeff Chang, Keeyanga-Yamahtta Taylor, and MichelleAlexander, Rothstein’s book demandsthat we explicitly and openly grapplewith race, with our society’s sordidhistory of past racial injustices, andwith the way that race continues to in-form and shape our fraught contem-porary moment. As Coates writes inThe Case for Reparations, an “Americathat asks what it owes its most vulner-able citizens is improved and humane.”

Furthermore, all of these scholars(as well as activists such as the Move-ment for Black Lives) call us to putaside colorblind approaches to racialand social justice and to once againheed the words of Justice ThurgoodMarshall that “class-based discrimina-tion against [Blacks]” necessitates“class-based remedies.” The Color ofLaw does all of this, but also makes anovel contribution by focusing race-conscious scholarship upon housing,whereas much of the contemporary lit-erature has centered on criminal jus-tice reform and mass incarceration.

Several questions remain unan-swered by the book, hopefully to betaken up by future researchers. First,

the book infers that contemporary pat-terns of segregation are directly andsingularly caused by governmental actsfrom decades prior. However, suchlinks between past and present need tobe more methodologically and analyti-cally demonstrated than what can bediscerned from Rothstein’s historicaldescriptive account. Similarly,whereas The Color of Law pins all ofits explanatory weight to a single fac-tor, complex phenomena—like resi-dential segregation—are instead usu-ally multi-causal. Future work shouldstrive to incorporate other causal ele-ments into our understanding of presentpatterns and conditions, includingempirically modeling and measuringthe magnitudes of the relative contri-butions of different sets of factors.Furthermore, what explains de juresegregation? Was it a reflection of theracist sensibilities of the majority ofAmericans at the time? Or, was it elite-driven? For instance, on some occa-sions Rothstein draws attention to gov-ernmental responsiveness to the racistviews of the citizenry whereas else-where he suggests that governmentpolicies undid integrated communitiesin which Blacks and whites were co-existing. Finally, The Color of Lawomits any discussion of class and itsrelationship to race, racism and segre-gation. Is there any political-economicbasis for racism and/or segregative actsor are these expressions of attitudinaldeficiencies? Answers to these kindsof questions would merely build uponRothstein’s contribution, and help toflesh out even more our understand-ing of these relationships.

The Poverty & Race Research Ac-tion Council has been exploring thehistorical roots of segregation for sometime, including in three Ford Founda-tion sponsored studies that trace the de-velopment of federal housing andtransportation policies in relation to in-creasing housing and school segrega-tion in American metropolitan areas.(“Housing and School Segregation:Government Culpability, GovernmentRemedies” PRRAC 2004). The Colorof Law is a powerful addition to anhistorical understanding of govern-mental contributions to segregation. ❏

Racial and Ethnic Residential Segregationas a Root Social Determinant of Public Healthand Health Inequity: A Persistent Public Health

Challenge in the United StatesRobert A. Hahn

“ . . . Your longevity maybe more likely to beinfluenced by your zipcode than by yourgenetic code.”

Frieden (2013)

(Please turn to page 4)

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 3

Robert A Hahn, [email protected], is an Adjunct Associate Profes-sor in the Department of Anthropol-ogy at Emory University.

Introduction.Segregation as aFundamental PublicHealth Issue

There is a great and urgent needfor public health practitioners to bet-ter understand the association of racialand ethnic segregation with ill-healthand to collaborate with other agenciesto address the underlying causes. Thisessay provides a synthesis of researchon health and segregation and proposescollaborative work between publichealth and other agencies to jointlyaddress this persistent problem.

While some forms of residential andethnic residential segregation (RERS)can promote community and health(Cutler and Glaeser 1997; Fullilove2001), far too much RERS in theUnited States is the consequence ofpoverty and restricted choice and theroot of substantial poor health (Cut-ler, Glaeser et al. 1997). Yet, there isextensive evidence that federal, state,and local governments have been ac-tive participants in the promotion ofRERS at least since the end of Recon-struction (Rothstein 2017). We knowthat where a person lives is a majordeterminant of his or her health andwell-being because it affects exposureto both threats to and resources forhealth (Diez Roux 2001). Harmful lo-cal exposures may include pollutants,toxins, and pathogens as well as inter-personal and institutional racism, vio-lence, and physical hazards (Williamsand Collins 2001; Reskin 2012). Lo-cal resources for health may include

access to healthy food, water, sanita-tion, recreation, transportation andemployment, housing, the justice sys-tem, education, health care, and otherservices (Braveman and Gottlieb2014). This article summarizes themultiple, interrelated ways in whichRERS in the United States continues

to harm minority populations; themagnitude, trends and sources ofRERS; public health burden of RERS;and opportunities for redressing pub-lic health harms in order to promotepublic health and health equity (Will-iams and Collins 2001; Kramer andHogue 2009).

Measuring Segregation

Racial and ethnic residential segre-gation (RERS) is “the isolation of poorand/or racial minorities that live incommunities and neighborhoods sepa-rated from those of other socioeco-nomic groups” (Li, Campbell et al.2013). There are multiple dimensionsof segregation—evenness, exposure,concentration, centralization, and clus-tering—each with a specific statisticaldefinition (Massey, White et al.1996); when a population in an areahas high levels on several dimensions,it is said to be “hypersegregated” andmay suffer multiple forms of depri-vation (Massey and Tannen 2015).The most common measure of RERS

is the “dissimilarity index”—the pro-portion of comparison racial and eth-nic populations that would have toswitch regions in order to make pro-portions equal in both regions. The dis-similarity index varies from 0 (identi-cal proportions of each population inboth regions, i.e., no residential seg-regation) to 100 (all of one populationin one geographic region, all of theother population in the second region,i.e., total residential segregation)(Massey and Denton 1988). Dissimi-larity rates of 30–60 are consideredmoderate, rates >60 are consideredhigh. Another common measure, “ex-posure,” is the likelihood that a mem-ber of one group encounters a mem-ber of the other group. Exposure is amatter of the relative proportions ofeach group in the regions rather thanthe evenness of their distribution acrossregions (Massey, White et al. 1996).

Segregation as a SocialDeterminant of Health

Segregation is associated with pub-lic health harm and inequity throughseveral pathways (Figure 1, p. 6).While the multiple associations ofRERS with factors related to poorhealth are described separately, thesefactors likely interact and compoundeach other in a system (Reskin 2012)that reinforces and perpetuates segre-gation itself in a feedback loop.

a. Environment and sanitation:Minority and segregated communitiesare commonly located closer to sourcesof environmental toxic exposures thanother communities (Lopez 2002;Mohai and Saha 2007; Jacobs 2011).

b. Safety: Violent crime not onlyharms the local population physically,

(HEALTH: Continued. from page 3)

4 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

(Please turn to page 10)

Figure 1. How Racial and Ethnic Residential Segregation Harms Well-Being and Promotes Health Inequity

but also instills fear and may deter so-cial interaction and physical activity(Gordon-Larsen, McMurray et al.2000).

c. Housing: Housing is a basic hu-man need that provides shelter and,with home ownership, investment andsecurity. Overall, Black home owner-ship in the United States is 25% lowerthan that of whites and the gap in-creased slightly from 1970 to 2001;trends are similar for all income lev-els except those with the highest in-come in which the gap decreased from13.9% to 11.9% during this period(Herbert 2005). In addition, moreBlacks and Hispanics live in crowdedand lower quality housing (with prob-lems of heating, plumbing, etc.)which contributes to poor mental andphysical health (Changing America;Evans and Saegert 2000; Jacobs 2011).

d. Transportation: Transportationprovides passage to employment andother resources and may also be asource of pollution and injury. Publictransportation resources for low-in-come and minority communities are

often inadequate (Sanchez, Stolz et al.2003). Nevertheless, greater propor-tions of minority populations rely onpublic transportation than do whites,and minority populations spend greaterproportions of their incomes on trans-portation (Bureau of TransportationStatistics 2003).

e. Employment: The residential seg-regation of Blacks and Hispanics is as-sociated with diminished employmentopportunities, lower wages, and theirmultiple health consequences, a phe-nomenon referred to as “spatial mis-match,” i.e., the spatial separation ofresidence and employment oppor-tunities (Turner 2008).

f. Cost of living: For the same qual-ity goods, residents in low-income andsegregated neighborhoods pay morethan those living outside of such neigh-borhoods, an excess referred to as the“poverty” or “ghetto tax” (Karger2007; Pager and Shepherd 2008).

g. Education: The segregation ofminority communities is associatedwith lower quality schooling (Ong andRickles 2004; Bohrnstedt 2015), withsubstantial long term health con-sequences (Johnson 2011; Hahn and

Truman 2015). It is estimated that thecognitive skills of children whose fami-lies have lived in poor neighborhoodsfor two generations are diminished bythe equivalent of between two and fouryears of schooling(Sharkey 2013).

h. Nutrition, alcohol, and substanceabuse: Segregated neighborhoods of-ten have reduced access to full-service,relatively less expensive supermarkets(Powell, Slater et al. 2007), high con-centrations of fast-food and less nutri-tious food (Powell, Chaloupka et al.2007), and higher densities of alcoholoutlets (Powell, Slater et al. 2007).These conditions are associated withobesity (Corral, Landrine et al. 2011)and higher rates of alcohol- and drug-related harms (Campbell, Hahn et al.2009).

i. Health Care: Residential segre-gation is also associated with reducedaccess to health care services(Smedley, Stith et al. 2003; White,Haas et al. 2012) and lower utiliza-tion (Gaskin, Dinwiddie et al. 2011).While access and utilization havegreatly increased with the AffordableCare Act (Long, Kenney et al. 2014),

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 5

Parks and Recreation

Bryan Greene

The most popularmusic festival you’venever heard of.

(Please turn to page 6)

Bryan Greene ([email protected]) is a civil rights practitioner liv-ing in Washington, DC.

When people first hear about the1969 Harlem Cultural Festival, theyask, "Why isn't there a movie?"

The New York Times reported thatthe festival drew 300,000 to six Sun-day concerts in Harlem's Mount Mor-ris Park the summer of 1969. It boastedsome of the biggest names in popularmusic—The Fifth Dimension, Sly andthe Family Stone, Stevie Wonder, TheStaple Singers, Nina Simone, B.B.King—but it is virtually unknown. Un-like "Woodstock," the same summer,and "Gimme Shelter," the film of theRolling Stones' 1969 tour, there is nosimilar film of the Harlem CulturalFestival, despite the pivotal momentit represents in Black music, politics,and culture. While two television net-works aired one-hour specials withfestival highlights, the broadcasts leftlittle lasting impact on the culture. HalTulchin, a TV producer whose crewfilmed over 50 hours of the festival,reported that he was unable to interestanyone in a bigger project. As a con-sequence, the Festival remains, asdocumentary filmmaker JessicaEdwards calls it, "The most popularmusic festival you've never heard of."

Someday, someone will make a filmabout the Festival, which marks its50th anniversary in two years. Thatfilmmaker will have to obtain therights to the concert footage that ex-ists. Past efforts have proven unsuc-cessful. Many of the organizers andperformers have died in the interven-ing years. To piece things together, Ihave consulted newspaper and maga-zine accounts, watched the footage Icould obtain, and interviewed Festi-val attendees and performers. May thisarticle serve as the starting point forthe filmmaker who takes on thisproject. This is my treatment for thefilm that will come.

Just as "Woodstock" and "GimmeShelter" use aerial shots to show themultitudes at those concerts, my filmof the Harlem Festival opens with ahelicopter over Mount Morris Park.This would be two years before the1969 Festival. Sitting in the helicop-ter are two Yale men—one, the Mayorof New York City, John Lindsay, theother, August Heckscher, his newly-

appointed Parks Commissioner (note:They are now deceased. We will haveto re-enact this). The men share a vi-sion: to attract more New Yorkers tothe parks, especially Blacks and His-panics. It's March 1967, and MayorLindsay, a Republican, is swearing inHeckscher.

Heckscher describes the helicopterdescent into the Harlem park in his1974 memoir, Alive in the City:

The mayor and I arrived at theceremony by helicopter, landingupon the summit of Mount Morris,a six-acre park situated at the cen-ter of Harlem. It seemed appropri-ate at that time to give emphasis toa black community. ...As our heli-copter came low I could see crowdsof children climbing up the slopesand steep paths to greet the mayor.This was a period when JohnLindsay's popularity was at itsheight, and he was a hero to youngblacks.

Heckscher was New York aristoc-racy. His predecessor as Park Com-missioner, the legendary RobertMoses, had named a Long Island statepark and Central Park's largest play-ground after Heckscher's grandfatherand namesake, a German-born capi-talist and philanthropist. Heckscher'scommitment to improve park accessfor underprivileged New Yorkers stoodin stark contrast with Moses, whose

biographer, Robert Caro, told the NewYork Times, "[Moses] was the mostracist person I ever met." Caro, in hisPulitzer-prize winning biography ofMoses, described Moses's idea ofhelping Harlem residents feel at homein Riverside Park: he installedwrought-iron trellises with monkeyson the comfort stations.

Heckscher, meanwhile, sponsoredthe Harlem Cultural Festival. In a pressrelease, Heckscher announced that theCity had partnered with MaxwellHouse, the General Foods subsidiary,to sponsor the 1969 Festival. Hestressed: "However, the City is not run-ning the Festival; General Foods is notrunning it. We are only supporting it.The Harlem Cultural Festival belongsto Harlem. It is the expression of themany elements—‘soul,’ if you will—of the diverse cultures that make upthe Harlem community."

Tony Lawrence, a Caribbean-bornsinger and actor, was the driving forcebehind the Festival. By 1969, the bud-get for the three-year old Festival hadgrown such that Lawrence told the NewYork Times, "The entertainers chargedme top price, and we paid it." More-over, he said, "We put a lot of moneyaround this community. I hired asmany people as possible." This in-cluded money for security, advertis-ing, and a house band. Lawrence alsoemphasized that the television crewsincluded Black supervisors and train-ees. The Times said the Festival "pro-vided a lucrative market for enterpris-ing small merchants...to indulge inwhat Harlemites would call a 'legiti-mate hustle.'"

The headliner the first day (whichthe Times said drew 60,000) was TheFifth Dimension. The group's record,"Aquarius/Let the Sunshine In," fromthe Broadway musical, Hair, was stillin the Billboard Top 40, after sixweeks at #1 in April and May."Aquarius" would win "Record of theYear" at the Grammy Awards (just as

6 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

(PARKS: Continued from page 5)

Gospel took a leap for-ward when ABC-TVbroadcast highlightsfrom the Festival’s“Folk and Gospel” con-cert.

(Please turn to page 8)

"Up, Up, and Away" had in 1968).The band's schedule was so packed thatit's no surprise the group's foundingmember, Lamonte McLemore, toldme he scarcely remembers the Harlemgig. They played Ed Sullivan that year.The group had just come off a tourwith Frank Sinatra, the only group togo on the road with him, McLemoresaid. They also guest-starred inSinatra’s 1968 TV special and openedfor him during his engagement in LasVegas. The group was ubiquitous. Weknow the group played the HarlemFestival because CBS-TV aired high-lights of their performance in aprimetime special on July 28th. Alas,the concert footage remains in a vault.

Meanwhile, Sly and the FamilyStone's 42-minute set is on the Internet(with Hal Tulchin's watermark). Theband is absent from posters, whichsuggests their July 27th performancewas a fortuitous last-minute booking;they played the popular Schaefer Mu-sic Festival in Central Park the daybefore.

Sly and the Family Stone deliveran exhilarating performance. Tulchin'sfootage is in brilliant color, shot bymultiple cameras, and masterfully ed-ited. The band’s setlist is almost iden-tical to their Woodstock show twoweeks later. But the Harlem perfor-mance packs more punch: it's an his-torical moment to see the band, sport-ing Afros, bell-bottoms, and frilledjackets, play to tens of thousands inHarlem. If such a performance hadn'texisted, you'd have to invent it. Youcan imagine an inspired Larry Grahaminventing his trademark slap-bass tech-nique, on the spot, inspired by theappreciative crowd. You see here howthe band had soaked up that time'scrosscurrent of music genres—rock,psychedelia, funk, soul—and taken itto a new level. The hippie zeitgeist ishere, too. When Sly sings, "Higher"he tells the crowd, "When we say'higher,' if you'd say 'higher' andthrow the peace sign up, we'd appre-ciate it. Now it don't make you mel-low if you don't, it don't make yougroovy if you do..." But the crowd

does. The song's breakdown is one ofthe most joyful music moments onfilm. See if it doesn't make you jumpup and dance. And when trumpetplayer Cynthia Robinson introduces"Dance to the Music," and shouts, "Getup and dance to the music! Get on upand dance to the music!" you wonderif the revolution might very well betelevised.

The Festival provided a nationalshowcase for Black gospel music. Astaple on radio and local TV, gospeltook a leap forward when ABC-TVbroadcast, in primetime, highlightsfrom the Festival's "Folk and Gospel"concert on September 16, 1969. Help-ing whet the worldwide appetite for

Black gospel music was a breakout hitthat summer—an arrangement of anold hymn by an Oakland, Californiachoirmaster, Edwin Hawkins. "OhHappy Day" spent 10 weeks on theBillboard Hot 100, peaking at #4 onJune 7, 1969. It reached #1 in France,Germany, and the Netherlands. Whenthe Edwin Hawkins Singers took thestage June 29th in Mount Morris Park,they were one of the most popular actsin the world. CBS featured the Sing-ers on the same July 28th special withthe Fifth Dimension.

Edwin Hawkins told me in anemail:

That was a whirlwind year for me.We'd recorded "Oh Happy Day" toraise money for our youth choirtour. It was as simple as that. A SanFrancisco radio station started play-ing it, and next thing you know,500 copies weren't enough. My call-ing is to spread the gospel, the goodnews. This song could have stayedin the church—which is what thechurch elders preferred when thesong showed up on the radio. But

the funny thing about gospel is ittouches people and it spreads. Youcan't contain it, and why wouldyou? I count myself so blessed tohave been a vehicle for this messagethat went around the world thatyear.

"Oh Happy Day" shaped gospelmusic for years to come but its influ-ence went beyond that. GeorgeHarrison became the first formerBeatle to write a number-one song with"My Sweet Lord" in 1971. RonnieMack sued him successfully for copy-right infringement, citing similaritieswith "He's So Fine," which Mack hadwritten for the Chiffons. GeorgeHarrison in his 1980 autobiography,"I, Me, Mine," demurred. He said,"I was inspired by the Edwin HawkinsSingers' version of 'Oh Happy Day.'"

While Hawkins was a 26-year oldnewcomer in 1969, Mahalia Jacksonwas the reigning "Queen of Gospel."She had inherited the mantle from hermentor, composer Thomas A. Dorsey.Jackson would perform with her pro-tege Mavis Staples at the festival, amoment Jessica Edwards, maker of thefilm "Mavis!" said "very much indi-cated a passing of the baton." To-gether, Jackson and Staples sangDorsey's standard, "Take My Hand,Precious Lord," which Jackson sangat the funeral of Dr. Martin LutherKing, Jr. The crowd, many in theirSunday best, responded enthusiasti-cally. Exiting the stage, Jackson andStaples passed the mike to their mu-tual Chicago friend, civil-rights leaderJesse Jackson.

The footage I saw of the Festival'sgospel concert is not publicly avail-able, but Mahalia Jackson's appear-ance at the concert is more widelydocumented by a New York Times pho-tograph of her with Mayor Lindsay,on the steps of her trailer. Lindsay wasin Harlem, campaigning for re-elec-tion. Jackson, with her arm aroundLindsay, told the assembled reporters,"We're really going to go for him."Accounts of the Festival say the em-cee introduced Lindsay to the crowdthat day as "our blue-eyed soulbrother."

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 7

Essay

The Fight to be Public: Making Public SpacesAccessible to All

Tyler Barbarin

Use of public spacesshapes our sense ofbelonging and, there-fore, affects our role inthe social order.

(Please turn to page 8)

Tyler Barbarin, [email protected], is Administrative and ResearchAssistant at PRRAC. This essay is anexcerpt from a longer work under de-velopment.

An Emerging NationalDiscussion

The public sphere is often the mostcontentious space in our lives, butsometimes the least examined. Whatis a public space? Is there an affirma-tive right to access public space and ifso, what is that right? How do we navi-gate situations of conflict in publicspaces? How do we mitigate fear anddiscomfort during interactions? Thestranger that lingers too long, the bodythat stands in the shadows, the groupthat feels just too big or too loud—what are reasonable expectations ofsafety, comfort and certainty? Aresuch expectations guaranteed and towhom does the guarantee run? Toooften we see the mitigation of fear turninto the over-policing of Black,Brown, trans and disabled bodies. Thisfear manifests itself in the regulationand oppression of sexual orientationsand expressions that fall outside of thenorms of the dominant culture. Acrossthe country public spaces have beenthe site of abuses of power by the pow-erful, the control of the minoritized,and the perpetuation of damaging sys-tems of oppression.

In American society, there is an as-sumption of neutrality in unnamed,unregulated spaces. This assumptioncreates a false comfort. America’s his-tory of oppression and regulation ofbodies has prevented this assumed neu-trality from actualizing. Spaces thatare not intentionally integrated andmade to be safe for the unique andspecific needs of historically minor-

itized groups become inherently dan-gerous spaces. The consequence of al-lowing our public spaces to be inhab-ited, monitored and controlled underthe guise of being free from labels,rules or constraints is that these spacesdefault to regulation by stereotypes,misconceptions and prejudice. Thosewho are not white, male, hetero-normative and able-bodied often be-come subject to policing based on thecomforts of the majority. Instances ofharassment, policing and altercationsleading to the mistreatment and even

death of minoritized people have be-come all too frequent. Those that in-habit multiply oppressed intersectionalidentities, such as Black trans women,trans women of color, and disabledpeoples, are especially vulnerable tothis mistreatment.

The ability to safely traverse andutilize public spaces affects anindividual’s ability to fully participatein society. Use of public spaces has adirect effect on civic and political par-ticipation and affects interaction withthe economy and economic opportu-nity. David Harvey, in The PoliticalEconomy of Public Space, chroniclesthis connection between the politicaland economic. He writes of the con-nectivity between the performance ofdifference and the regulation of theother in public spaces with the moreconcrete and rote control that occursin institutional and privatized forums:“[o]n both sides, therefore, politicswas inflected by the experience of a

symbiotic connectivity between pri-vate, public and institutional spaces”(Harvey, 2005). Use of public spacesshapes our sense of belonging and,therefore, affects our role in the so-cial order.

Attention to the equitable designand regulation of our public spaces hasbeen increasingly acute within the lastseveral years. From conflict betweenpublic servants and private citizens, tothe discussion of constitutional rightsand gender identity and expression,violence and oppression, to the revivedmovement to occupy public space forpolitical protest—public spaces havemandated national conversation. “Cit-ies, by definition, are sharedspaces…The promise of our publicspaces is the assurance that we can livewell together, creating places that wecan all enjoy and call our own” (BlackLives and the [Broken] Promise ofPublic Space, 2016). The current con-versation attempts to reconcile the needto immediately and broadly name, re-act to and address frequent and opendisplays of oppression in public spaceswith the need to plan and strategize toprevent such occurrences and subse-quently transform the public space ex-perience for all.

Yet the conscious decision to dividestreets, section off green spaces, labelareas as private and public has alwayshad real and material consequences fornon-majority citizens. Public spaces—such as sidewalks, restrooms, parksand playgrounds—are part of a corner-stone of social life and have been sys-tematically and intentionally regulatedand restricted for certain demograph-ics in our society, as discussed byHarvey.

To create a society where the physi-cal, mental and social well-being ofeach citizen is protected with equal and

8 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

(PUBLIC: Continued. from page 7)

equitable fervor requires a concertedeffort to address and remedy the waysin which minoritized peoples experi-ence public spaces.

Strengthening Solutions

Successful strategies for equitablepublic spaces require solutions bornefrom the empowerment of intersec-tional and specifically minoritizedpeoples. One strategy with both prom-ise and room for improvement is theuse of Community Benefits Agree-ments (CBAs). The function of aCBA, generally, is to create an un-derstanding between developers andcommunity organizations and stake-holders about the plans for land use.CBAs have the potential to be lever-aged by minoritized peoples to ensurethat they are engaged and that theirunique needs are included in a mean-ingful way throughout the approval,planning and development processes ofthe reinvestment in public spaces withincommunities.

Well known CBAs, like those or-ganized by the Los Angeles Alliancefor a New Economy (LAANE), havebeen used to address hiring practicesand equitable employment in corpo-rations and businesses that are devel-oped in communities (Gerber, 2007).Yet the vibrancy of a community ex-tends far beyond the economic opera-tions. Without attention to the publicsphere built into CBAs, low-income,minoritized, or disabled people, areoften still met with force, surveillance,judgment and harassment in publicspaces. This unequal application ofprotection and concern perpetuates sys-tems of inequality. It perpetuates nar-ratives of criminality and thereforedetracts from the overall goals of theCBA. There needs to be a concreteframework, built into the design ofCBAs, which defines public spaces asequitable and nonviolent spaces. Thisframework, beyond providing a cleardefinition of the commitments to eq-uity that all public spaces embody,should also clarify ways to maintain

the commitments to these in a way thatis enforceable.

For CBAs to function at their maxi-mum potential and these systems to bemore equitable, the process of creationhas to be equitable from ideation toimplementation. The planning processshould engage citizens throughout thedecision-making process, not just in areflective capacity after planning iscompleted. Any group charged withorganizing should be sure to find waysof including those who cannot activelyparticipate in the process formally—so no voice goes unheard. A board orcoalition (tied to funds) should main-tain oversight of the CBA with an ex-plicit commitment to equity, justice,and anti-oppressive systems. This boardshould be reflective of the communityin which this CBA will actualize andtheir role should be participatory, notsolely supervisory. Fair and equitableaccess to public space is integral for ahealthier community, requiring inten-tional creation and maintenance ofanti-oppressive systems and spacesacross the commercial, private and (es-pecially) public spheres. ❏

Resources

Black Lives and the (Broken)Promise of Public Spaces, Projectfor Public Spaces, 2016:www.pps.org/blog/black-lives-broken-promise-public-space/

Sandy Gerber, Community ben-efits agreements: A tool for moreequitable development?

Nov. 1, 2007. Federal Re-serve of Minneapolis Blog.https://minneapolisfed.org/publi-cations/community-dividend/community-benefits-agreements-a - t o o l - f o r - m o r e - e q u i t a b l e -development#r1

David Harvey, “The PoliticalEconomy of Public Space.”Low, S. and Smith, N. (eds), ThePolitics of Public Space,Routledge, New York. 2005.Available at http://davidharvey.org/media/public.pdf

(PARKS: Continued from page 6)

Lindsay had credibility amongBlack New Yorkers because he notonly talked the talk; he literally walkedthe walk—through the streets of Harlemand other neighborhoods, on a regu-lar basis. Richard Grant, an African-American aide to Lindsay, describedthe power of these walks during aninterview with me. Grant worked asan advance man on the 1969 cam-paign, so he would go ahead and scoutthe route. On this particular walk,Grant observed a colorfully-dressedwoman who had set down at 135th andLenox “with a folding chair and food,”who knew a lot of people in the com-munity, and announced, “I'm goingto give [the Mayor] a piece of mymind!” Grant sent word to the Lind-say team, “This may be a place whereyou might not want to stop.” Yet, whenLindsay reached this location, Grantsaid, “This woman called out, ‘Mr.

Mayor, Mr. Mayor!’ [Lindsay]walked right over to her and I thought,'Oh my God.' And she began a lec-ture. 'We have you white politicianswho come up here and make all thesepromises. Nothing ever changes’.” Asshe recited the City's failings, Grantsaid, “The mayor stood there, battinghis eyes, looking very, very seriouslydown to the ground. When she fin-ished, he said, ‘Well I have understoodwhat you say and I'm sure we haven'tdone all we should have done and couldhave done, but all I can promise youis that I'm going to continue to workon things and I'm going to do my bestto make some changes. The peoplewith me have taken down what yousaid. And we're going to see what wecan do to help.’ She had a very sternlook on her face...And after he fin-ished she stepped back and broke intothis wide smile and said, ‘I don't knowabout you. I don't know, but I think Itrust you.’ She shook his hand. That

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 9

(Please turn to page 10)

The Hendrix experiencetypified the pressure onblack artists to allythemselves with theBlack Power Movement.

was what was on the news at the endof the day."

Lindsay aide Sid Davidoff, in anarchival film on CUNY’s website,describes how the mayor's Harlem re-lationships helped quell tensions thenight of the King assassination.Davidoff recalls "it was a very tensesituation on the streets," but Lindsayinsisted on walking Harlem that night,protected by the Five Percenters, agroup of former prisoners with whomLindsay’s office had built a relation-ship. Davidoff said, ”[Lindsay] gotout of the car and began to walk...Hebegan walking and shaking hands, andhugging people and saying, 'I'msorry.' And meanwhile around himwere some really bad guys of Harlem."A shoving match ensued as local po-liticos jostled for position next to theMayor. Davidoff said, "This wasn'tabout local politics... This was aboutJohn Lindsay who'd been in thatneighborhood many times...who wascoming back to say, ‘I feel your pain.’And he did feel the pain." While NewYork was less than peaceful that night,many credit Lindsay with sparing NewYork the fallout other cities experi-enced.

Lindsay was also a champion forBlack urban communities nationwide.He served as Vice Chairman of theKerner Commission, where he pennedthe Commission's famous conclusionabout the cause of the mid-1960's civildisturbances: "Our nation is movingtoward two societies, one black, onewhite, separate and unequal." He be-came the face of liberal concern forthe fate of Blacks trapped in inner cit-ies. Reader's Digest capturedLindsay's challenge to America withits title for an August 1968 interview:"We can lick the problems of theghetto, if we care." And so, the offi-cial poster for the Harlem CulturalFestival boldly asked, "Do you care?"

Anthony Flood, a 16-year old whitekid from the Bronx, saw such a posteron the B27 bus. Tony cared aboutmusic. "I got into The Beatles but Inever got into hard rock... By 1968,'69, I was listening to R&B." On Sun-day, July 20th, Flood took the sub-way to Lexington Ave and 125th St.,

the very station from which Lou Reedemerged in the Velvet Underground's"Waiting for The Man." Contrary toReed's song, no one asked, "Hey,white boy, what you doin' uptown,"or accused him of "chasin' our womenaround." Instead, Flood's presence inthe park was unremarked upon. "I wasin the sea of black people and therewas no tension." Flood recalled, "Istood for hours and hours.... I tookthe train home and I told Mom, youshould see what I saw, Gladys Knightand the Pips, Chuck Jackson, StevieWonder..." Wonder's "My CherieAmour" was #9 on the charts and

climbing. About the free concert,Flood said, "I was struck by how muchI was getting for nothing. What am Imissing here? Am I going to be chargedon the way out? How is this possible?"

That date, July 20, 1969, is specialfor other reasons. For that same day,Heckscher's Park Commission haderected giant screens in Central Parkfor thousands to watch one of the mosthistoric events of mankind: the land-ing on the moon. Why weren't theHarlem concertgoers there or glued totheir TV sets at home?

The New York Times on July 27,1969 provides an answer. In a storyheadlined, "Blacks and Apollo: MostCouldn't Have Cared Less," the Timesreported, "An estimated 50,000 peopleflocked to last Sunday's Harlem Cul-tural (soul music) Festival at Mt. Mor-ris Park and the single mention of the[Lunar Module] touching downbrought boos from the audience."NAACP Executive Director RoyWilkins "called the moon shot 'a causefor shame,' and added, 'there's some-thing wrong with the Government'spriority system.'" The Times articleconcluded with a lament from an edi-torial that ran in the Amsterdam News,the city's leading Black newspaper, the

day after the moon landing: "Yester-day, the moon. Tomorrow, maybeus."

Two weeks after Woodstock, JimiHendrix put on a free benefit concertin Harlem. Hendrix had resided thereduring his formative years (taking thetop prize at the Apollo's amateur nightin 1964). In 1969, Hendrix had beenplaying with a loose collection ofmostly Black musicians, the Band ofGypsys. He told The New York Timeswhy he was playing Harlem: "Some-times when I come up here, peoplesay, 'He plays white rock for whitepeople...' 'What's he doing up here?'Well, I want to show them that musicis universal—that there is no white rockor black rock.'" Alas, the Harlemcrowd disagreed. They threw eggs athim.

The Hendrix experience typified thepressure on Black artists to ally them-selves with the Black Power Move-ment. In many instances, musicians hadto choose between commercial main-stream success and a more Black-con-scious identity. Sly and the FamilyStone even faced pressure during the1970s to let go its white drummer andsaxophone player. The Fifth Dimen-sion navigated these loyalties betterthan some, but McLemore told me,"Black people, when we firststarted...they didn't understand whatwe were doing at all." One time, heconvinced the Temptations promoterto let them open for the R&B group inLos Angeles. "We were singing ournumber-one song then, 'Go WhereYou Wanna Go'...The audience waslooking at us, like, 'Well, y'all bettergo on and get off that stage and bringthe Temptations on! People said,here's a black group singing whitesongs, white stuff, with a whitesound...And we said, How can youcolor a sound? This is *our* sound.And it's different and we ain’t gonnachange it. When Aquarius came out,all of a sudden, all the black peoplecame up and said, 'We were with y'allall along!'"

The major reason we need a filmof the Harlem Cultural Festival is todocument a community at a cross-

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10 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

PRRAC Updateroads—torn on which direction to takebut hopeful about where each roadleads. The community was understrain, but its unity had not dissipated.Surely, Tony Lawrence had demon-strated what was possible from a part-nership among city administration,corporate sponsors, neighborhood or-ganizers, and local entrepreneurs.Hundreds of thousands had come outto see an unprecedented number ofBlack artists at the top of their game,in pop, blues, R&B, rock, gospel,jazz, soul, and funk. It was a timewhen leaders like Lindsay and whiteperformers like Elvis were shining alight on what was going on "in theghetto," while those who dwelt theredebated whether it was better to go italone.

In 1969, these questions and the pos-sibilities they present come into sharpfocus, just before another turn of thelens takes us into the blurry 1970s. TheFestival did not return to Mount Mor-ris Park in 1970. Joseph Harris, a doc-tor who was a Black Panther in Harlemin 1969, told me, "The first thing theydid after '69...They said, 'We're notgonna have this anymore. Oh, we'regonna build a pool for y'all.’" Yearslater, a large pool complex filled inthe area where the Festival crowd hadgathered. The Parks Commission re-named the park Marcus Garvey Parkin 1973, a symbolic victory for theBlack Power Movement, but Harrisobserved, "Every central meetingplace in Harlem was eliminated [in the70s]." That decade, Nina Simone,whose stirring Festival performance isavailable in its entirety online, left theUnited States altogether. In a 1997 in-terview, she said, "I left because Ididn't feel that Black people were go-ing to get their due, and I still don't."

If we had a film, we could freezethe frame in 1969. We could watch,over and over, Sly and the FamilyStone remind us, "We've got to livetogether" and celebrate, "Differentstrokes for different folks. And so on,and so on, and scooby dooby doo." ❏

• Once again, we are fortunateto have a terrific group of summerinterns. Welcome to our Law &Policy Interns Jessica Smiley andJulia Mizutani (both fromGeorgetown Law School), PolicyIntern Pooja Patel (Princeton Uni-versity), and Communications In-terns Caroline Kuzel (Saint XavierUniversity) and Emma Stein(Union College).

• June 12th, 2017 marked the50th anniversary of the landmark

Loving v. Virginia Supreme Courtdecision, which officially ended theban on interracial marriage in theUnited States. PRRAC board mem-ber (and Georgetown law professor)Sheryll Cashin observes this anni-versary in her book Loving: Inter-racial Intimacy in America and theThreat to White Supremacy, explor-ing challenges to traditional raceboundaries and the growth of cul-tural dexterity. Congratulations toSheryll on her new book.

(HEALTH: Continued. from page 4)

segregated populations have long hadless access and lower quality healthcare than higher income populations(Smedley, Stith et al. 2003).

j. Recreation: Regions with highconcentrations of minority populationsare associated with fewer opportuni-ties for indoor and outdoor physicalactivity, e.g. gyms and parks, lessphysical activity, and high rates ofbeing overweight (Gordon-Larsen,Nelson et al. 2006).

k. Justice: High rates of policestrength in U.S. cities are associatedwith the proportions of Blacks in thepopulation, the degree of Black/whiteracial segregation, and income dispari-ties, independent of level of crime(Kent and Carmichael 2014). “Dispro-portionate minority contact” is a well-recognized problem referring to theparticipation of minority subjects—principally Blacks and Hispanics—inall phases of the justice system, fromarrest to incarceration—in excess oftheir proportion in the population(Piquero 2008).

While the consequences of RERSare predominantly negative, RERS hasalso been found to promote commu-nity empowerment which itself may

have health benefits (LaVeist 1993).

Consequences of Segrega-tion on Health

In all 38 Metropolitan StatisticalAreas (SMAs) with populationsgreater than 1 million in 1980, infantmortality rates for Blacks exceededthose of whites (Polednak 1991). In astatistical regression analysis includingfemale householder, poverty, medianfamily income, and the segregation dis-similarity index, only segregation wasa statistically significant predictor ofexcess Black infant mortality. Blackinfant mortality exceeded white infantmortality by 2/1000 live births in theleast segregated SMAs and by 9/1000live births at highest levels of segre-gation.

An analysis of U.S. metropolitanareas in 2000 indicates that, adjustedfor background demographics, includ-ing income and education, the likeli-hood of poor self-rated health was 50%higher among Blacks than amongwhites, and that controlling for white/Black segregation essentially elimi-nates this gap (Subramanian, Acevedo-Garcia et al. 2005). In the period1989–1994, residential location is es-timated to have accounted for between15% and 75% (depending on age andgender) of the difference in Black andwhite self-rated health not accountedfor by individual-level characteristics

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 11

RERS has also beenfound to promote com-munity empowermentwhich itself may havehealth benefits.

(Do, Finch et al. 2008). Econometricanalysis of U.S. residents 20–30 yearsof age in the 1990 census suggests thatthe elimination of the causes of RERSfor Blacks would result in the elimi-nation of white-Black gaps in employ-ment, earnings, and high school gradu-ation (Cutler and Glaeser 1997). Seg-regation decreases the opportunity forchildren to escape from the cycle ofpoverty (Chetty, Hendren et al. 2014).

An analysis of the U.S. adult popu-lation in the 1980s indicates that, ad-justed for family income, the annuallikelihood of death was 2.8 timeshigher for Black men ages 25 – 44 yearsliving in census tracts with >70%Blacks than in tracts with <10%Blacks, and similarly 2.1 times greaterfor Black women living in high com-pared with low concentration Blacktracts (Jackson, Anderson et al. 2000).In 1990, elevated mortality in U.S.cities from heart disease, cancers, andhomicide among Black men was asso-ciated with segregation (measured byisolation), and heart disease and can-cers among Black women were asso-ciated with segregation; among whites,only cancer mortality among men wasassociated with segregation (Collinsand Williams 1999). It is estimatedthat approximately 176,000 deaths peryear are associated with racial segre-gation in the United States (Galea,Tracy et al. 2011). This number ex-ceeds the number of deaths attribut-able to cigarette smoking among 35-64 year olds in the Unitd States and isapproximately one third of all mortal-ity among Blacks and Hispanics in theUnited States in 2014 (Rogers, Hum-mer et al. 2005; National Center forHealth Statistics 2016).

Causes of Segregation

Racism, the systematic discrimina-tion in attitudes, actions, and policiesagainst populations assumed to be“races,” is a root cause of segregation,and segregation, in turn, reinforcesracism when the consequences of seg-regation are blamed on the segregatedpopulation due to a lack of understand-ing of structural discrimination and

exposure to other groups (Mahoney1995; Williams and Collins 2001).There is evidence, for example, thatsegregation leads to increased poverty(Teitz and Chapple 1998). In the past,federal and state policies have sup-ported segregationist principles(United States Commission on CivilRights 1973; Rothstein 2017), and pro-grams such as “urban renewal” haveled to the destruction of minority com-munities (Fullilove 2001).

The Fair Housing Act (1968)charges the U.S. Department of Hous-ing and Urban Development (HUD)with promoting housing and urban de-velopment "in a manner affirmativelyto further the purposes of fair hous-ing” (United States Commission on

Civil Rights 1973). The Fair HousingAct also prohibited discrimination onthe basis of race, color, religion, ornational origin in the sale or rental ofhousing, the financing of housing, orthe provision of brokerageservices"(United States Commissionon Civil Rights 1973). However, inthe 2012 HUD survey of housing dis-crimination, Black interviewers wereinformed of 17.0% fewer homes andshown 17.7% fewer homes than oth-erwise similar whites (Turner, Santoset al. 2013). Asians were informedof 15.5% fewer homes and shown18.8% fewer homes than otherwiseidentical whites. Similar rates of dis-crimination were reported in 1977(Wienk 1979). In the 2012 survey, His-panics were found not to be discrimi-nated against.

Redressing Segregationfor Health Equity

While HHS’s Healthy People 2020(US Department of Health HumanServices 2010) recognizes that hous-

ing and residential segregation are fun-damental social determinants of health,the reduction of RERS is not includedas a primary objective of HealthyPeople 2020. This is a critical gap.There are multiple approaches to re-dressing RERS, some included inHUD’s Strategic Plan 2014–2018 (De-partment of Housing and Urban De-velopment 2010). Health agencies cansupport these strategies as well. Pub-lic health personnel and policy mak-ers can collaborate in surveillance, re-search, policy, and programming,with personnel from housing, justice,transportation, and environmentalagencies to advance public health.

Efforts can be made A) to addressand reduce RERS and, B) insofar asRERS continues, to reduce its harms;some strategies address both outcomes.Efforts to address RERS are a poten-tial key to the elimination of the sys-tem of racial discrimination that un-derlies health inequity (Reskin 2012).

A. Addressing andReducing RERS

1. Fully enforce anti-discriminationlaws: Promote justice and equity bymore actively enforcing the body oflaw that prohibits discrimination inhousing on the basis of race, ethnicity,and other factors. HUD’s Plan for2014-8 notes that “housing discrimi-nation still takes on blatant forms insome instances,” and includes as anobjective to “reduce housing discrimi-nation, affirmatively further fair hous-ing through HUD programs, and pro-mote diverse, inclusive communities”(Department of Housing and UrbanDevelopment 2014). Housing rightsenforcement actions may be broughtby the Departments of Justice andHUD, or by plaintiffs claiming dis-crimination. HUD also funds NGOsunder the auspices of the National FairHousing Alliance (National Fair Hous-ing Alliance 2015), to prosecute casesof discrimination. There is evidencethat strong enforcement is associatedwith reduced rates of discrimination(Ross and Turner 2005; Department

(Please turn to page 12)

While racial and ethnicresidential segregationpersists, it is unlikelythat racial and ethnichealth inequities will beeliminated.

(HEALTH: Continued from page 11)

12 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

Thanks for your contributions to PRRAC!

You can also donate online at www.prrac.org

Barbara BeckSydney ClemensSierra CollinsLynn CunninghamTheodore DeLaneyDanis GehlScott Gehl

Michelle GuerreroWillis HawleySujin JungElizabeth LassarJudith LibenJames LiebmanJennifer O’Neil

Dennis ParkerJanet SabelGabriela SandovalRobert TateJudy ViertelAnna Blasco WeddingMaristela Zell

of Housing and Urban Development2010). But only a very small propor-tion of instances of housing discrimi-nation are reported to these agenciesinvestigated or remedied. It is esti-mated that approximately 1,760,000incidents of discrimination againstBlack home-seekers occur annually(Simonson 2004). HUD receives re-ports of and investigates several thou-sand claims of racial discriminationand brings several suits each year; in2014, the total number of claimsbrought for racial discrimination wasapproximately 6,000—about 0.3% ofthe estimated number of discrimina-tory events (National Fair HousingAlliance 2015).

2. Provide opportunities for low-in-come populations to move: Promotehousing programs such as Moving toOpportunity that have been found tobenefit their recipients—including im-provements in housing, employment,and reductions in obesity, diabetesrisk, and alcohol abuse (Fauth,Leventhal et al. 2004; Ludwig,Sanbonmatsu et al. 2011; Sanbon-matsu, Ludwig et al. 2011). UnderPresident Obama, efforts were madeto assure that relocation programs donot send recipients into segregatedneighborhoods (Davis and Apple-baum). The HUD-Department ofTransportation—Environmental Pro-tection Agency Partnership for Sus-tainable Communities coordinated thedevelopment of affordable housing andtransportation to improve access toemployment and other resources(E.P.A. and Office of SustainableCommunities 2014).

3. Promote the use of federal, state,and local governments tax incentivesto motivate investments that encour-age residential integration or allowresidents to remain in their neighbor-hoods despite movements such asgentrification (Reskin 2012), or facili-tates the renovation or construction ofhousing for low income populationsin areas of opportunity, as with theHUD Low-Income Tax Credit pro-gram (Hollar 2014).

4. Implement the recent HUD Af-

firmatively Furthering Fair Housing(AFFH) rule: a “legal requirement [inthe Fair Housing Act] that federal agen-cies and federal grantees further thepurposes of the Fair Housing Act.” Therule requires HUD fund recipients touse local data (including on “environ-mental health”) and advance fair hous-ing and overcome prior segregation(HUD 2015). It also encourages local

interagency collaboration.5. Implement education programs

to reduce racism and its consequences:A recent meta-analysis indicates thatmany anti-prejudice programs forschool-age children and youth are ef-fective in reducing prejudicial attitudesand behavior that are an underlyingcause of ongoing RERS (Beelmann andHeinemann 2014).

B. Eliminating andReducing the Harms ofOngoing RERS

1. Support resource development(e.g., healthy foods, banks, health careservices, transportation) in segregatedneighborhoods that can improve accessto resources for health.(Austin 2004)For example, from 2004–2010, thePennsylvania Fresh Food Financing

Initiative supported a program to in-crease the number of supermarkets inunder-served communities acrossPennsylvania (http://www.thefoodtrust.org/php/programs/super.market.campaign.php).

2. Promote anti-poverty programs:Many federal programs provide sup-port for various aspects of life amongthe poor, including those living in seg-regated communities (Pfeiffer).

3. Zone for public health, for ex-ample, for alcohol outlet density thatcan reduce public health harm in lowincome communities (Campbell, Hahnet al. 2009).

4. Strengthen public services (e.g.,community policing, sanitation, trans-portation, health care) in segregatedregions, for example, The KingCounty Equity and Social Justice Stra-tegic Plan 2016-2022 (Constantine2016).

Conclusion

Racial and ethnic residential segre-gation is a fundamental social deter-minant that adversely affects the healthof large proportions of many minor-ity communities and is a critical sourceof health inequity. While racial andethnic residential segregation persists,it is unlikely that racial and ethnichealth inequities will be eliminated.Public health leaders, researchers, andpractitioners should collaborate in sur-veillance, research, program andpolicy design, evaluation, and supportagencies promoting housing and theimplementation and enforcement offair housing law. ❏

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 13

References: Racial and Ethnic Residential Segregation

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Resources

Race/Racism

• Elias, Sean, and Joe R. Feagin. Racial Theories inSocial Science: A Systemic Racism Critique. New York:Routledge, Taylor & Francis Group, 2016.

• Feagin, Joe R., and Kimberly Ducey. Elite White MenRuling. Who, What, When, Where, and How. Basingstoke:Taylor & Francis, 2017.

• Feagin, Joe R. How Blacks Built America: Labor,Culture, Freedom, and Democracy. New York: Routledge,Taylor & Francis Group, 2016.

• Franklin, Marcus, Caroline Kurtz, Mike Alksnis,Lorah Steichen, and Chiquita Younger. Lights Out in the

Cold: Reforming Utility Shut-Off Policies as If HumanRights Matter. Report. Environmental and Climate JusticeProgram, NAACP. 2017.

• Dieng, Jamila, Jesus Valenzuela and Tenoch Ortiz.Building the WE: Healing-Informed Governing for RacialEquity in Salinas. Race Forward. Report. 2017. https://www.raceforward.org/

Community Organizing

• Rosenblatt, Peter, and Stefanie Deluca. "What Hap-pened in Sandtown-Winchester? Understanding theImpacts of a Comprehensive Community Initiative."Urban Affairs Review 53, no. 3 (December 16, 2015):463-94. doi:10.1177/1078087415617852.

16 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

Criminal Justice

• Devuono-Powell, Saneta, LaVern Vaughn, TamishaWalker, Eli Moore, and Meredith Minkler. Home with aPurpose: A History of the Safe Return Project. The HaasInstitute for a Fair and Inclusive Society, University ofCalifornia, Berkeley. (2017). http://haasinstitute.berkeley.edu/sites/

Economic/CommunityDevelopment

• Squires, Gregory D. “Gentrification is nothing new:the long history of uneven development of metropolitanAmerica” Social Policy, Vol. 46, no.3 (2016). ISSN:0037-7783

• Ellen, Ingrid Gould, Keren Mertens Horn, and DavinReed. "Has Falling Crime Invited Gentrification?"(2017). https://papers.ssrn.com/

• Rothstein, Richard. The Color of Law: A ForgottenHistory of How Our Government Segregated America.New York: Liveright Publishing Corporation, 2017.

• Terry, Sabrina and Lindsay Daniels. Small Dollarsfor Big Change: Immigrant Financial Inclusion andAccess to Credit. Report. National Council of La Raza.2017. http://publications.nclr.org/

• Traub, Amy, Laura Sullivan, Tatjana Meschede, andTom Shapiro. The Asset Value of Whiteness: Understandthe Racial Wealth Gap. Report. Demos. 2017. http://www.demos.org/

• Tribal Infrastructure: Investing in Indian Country fora Stronger America. Report. National Congress ofAmerican Indians. 2017. http://www.ncai.org/

Education

• 1992 Revisited: Divergent Paths. Report. Los Ange-les: Center for Neighborhood Knowledge, 2017.

• Acs, Gregory, Rolf Pendall, Mark Treskon, and AmyKhare. The Cost of Segregation National Trends and theCase of Chicago, 1990–2010. Report. Washington:Urban Institute, 2017. http://www.urban.org/research/publication/cost-segregation.

• Aysuce, Jennifer. Reclaiming the Potential for Equityand Diversity in Montgomery County’s Schools of Choice.Report. National Coalition on School Diversity. 2017.http://school-diversity.org/

• Banerjee, Neena, Elizabeth Stearns, StephanieMoller, and Roslyn Arlin Mickelson. Teacher JobSatisfaction and Student Achievement: The Roles ofTeacher Professional Community and Teacher Collabora-

tion in Schools. Report. American Journal of Education.2017. https://www.proquest.com.

• Frankenberg, Erica, Genevieve Siegel Hawley,Jongyeon Ee, and Gary Orfield. Southern Schools: MoreThan a Half-Century After the Civil Rights Revolution.Report. Los Angeles: Civil Rights Project, 2017.

• Freidus, Alexandra, and Pedro Noguera. “MakingDifference Matter: Teaching and Learning in Desegre-gated Classrooms. The Teacher Educator Vol. 52, no. 2:99-113 (2017).

• Mordechay, Kfir, and Gary Orfield. “Demographictransformation in a policy vacuum: The changing face ofU.S. metropolitan society and challenges for publicschools” The Educational Forum Vol. 81, no. 2: 193.(04-2017). https://www.researchgate.net/

Health

• Benfer, Emily A. "Contaminated Childhood: TheChronic Lead Poisoning of Low-Income Children andCommunities of Color in Federally Assisted Housing."Harvard Environmental Law Review, 2017. doi:10.2139/ssrn.2823342.

• Connecting Limited-English Proficient Individuals toHealth Care Services: The Important Role of Community-Based Organizations. Report. Asian & Pacific IslanderAmerican Health Forum. 2017. www.apiahf.org/.

• De Leon, Erwin, and Joseph Schilling. Urban Blightand Public Health: Addressing the Impact of SubstandardHousing, Abandoned Buildings, and Vacant Lots. Report.Washington: Urban Institute, 2017. www.urban.org/research/publication/urban-blight-and-public-health.

• Making Cancer Survivorship Care Plans MoreInclusive of Asian American, Native Hawaiian, andPacific Islander Communities. Report. Asian & PacificIslander American Health Forum. 2017. www.apiahf.org/.

Housing

• Acolin, Arthur, Xudong An, Raphael W. Bostic, andSusan M. Wachter. "Homeownership and Nontraditionaland Subprime Mortgages." Housing Policy Debate 27,no. 3 (2017): 393-418. doi:10.1080/10511482.2016.1249003.

• Aurand, Andrew, Dan Emmanuel, Diane Yentel,Ellen Errico, and Marjorie Pang. Out of Reach 2017: TheHigh Cost of Housing. Report. National Low IncomeHousing Coalition. 2017. http://nlihc.org/

• Aurand, Andrew, Dan Emmanuel, Diane Yentel, andEllen Errico. The Gap: A Shortage of Affordable Homes.Report. National Low Income Housing Coalition. 2017.http://nlihc.org/

Poverty & Race • Vol. 26, No. 2 • April-June 2017 • 17

• Boarnet, Marlon G., Raphael Bostic, DanielleWilliams, Raul Santiago-Bartolomei, Seva Rodnyanksy,and Andy Eisenlohr. Affordable Housing in Transit-Oriented Developments: Impacts on Driving and PolicyApproaches. Report. Price School of Public Policy,University of Southern California. National Center forSustainable Transportation Research, 2017. https://merritt.cdlib.org/

• Bostic, Raphael W., and Arthur Acolin. The Potentialfor HUD’s Affirmatively Furthering Fair Housing Rule toMeaningfully Increase Inclusion. Working paper. 2017.Prepared for “A Shared Future: Fostering Communitiesof Inclusion in an Era of Inequality,” a symposiumorganized by Harvard Joint Center for Housing Studieson April 19-20, 2017

• Challenging Race as Risk: Implicit Bias in Housing.Report. Washington: Kirwan Institute, 2017.

• Deluca, Stefanie, and Peter Rosenblatt. "WalkingAway From The Wire: Housing Mobility and Neighbor-hood Opportunity in Baltimore." Housing Policy Debate27, no. 4 (March 28, 2017): 519-46. doi:10.1080/10511482.2017.1282884.

• Ellen, Ingrid Gould, Davin Reed, and Michael Suher."Trickle Down or Crowd Out? The Effects of RisingDemand for College Graduates on the Consumption,Housing, and Neighborhood Conditions of Less Edu-cated Households." (2017) www.lincolninst.edu/

• Ellen, Ingrid Gould. "Fiscal Federalism and Middle-Income Housing Subsidies." Cityscape: A Journal ofPolicy Development and Research 19, no. 1 (2017).www.huduser.gov

• Chan, Sewin, and Ingrid Gould Ellen. "Housing foran Aging Population." Housing Policy Debate Vol. 27,no. 2: 167-192 (2017). www.tandfonline.com/

• Owens, Ann. “How Do People-Based Housing PoliciesAffect People (and Place)?” Housing Policy Debate Vol.27, Iss. 2 (2017). Doi: /10.1080/10511482

• Pfeiffer, Deidre, Karna Wong, Paul Ong, and MelanyDe La Cruz-Viesca. “Ethnically BoundedHomeownership: Qualitative Insights on Los AngelesImmigrant Homeowners' experiences during the U.S.Great Recession.” Housing Studies Journal. Vol. 32, Iss.3: 319-335 (Apr 2017).

• Tseng, Phuong, Heather Bromfield, Samir Gambhir &Stephen Menendian. Opportunity, Race, and Low IncomeHousing Tax Credit Projects: An Analysis of LIHTCDevelopments in the San Francisco Bay Area. The HaasInstitute for a Fair and Inclusive Society, University ofCalifornia, Berkeley. (2017). http://haasinstitute.berkeley.edu/

Immigration

• Bloemraad, Irene, and Els De Graauw. "WorkingTogether: Building Successful Policy and ProgramPartnerships for Immigrant Integration." Journal onMigration and Human Security 5, no. 1 (2017): 105-23.doi:10.14240/jmhs.v5i1.76.

• Taylor, Marylee, Maria Krysan, and Matthew Hall.“The Uncertain Impact of Anglo/Latino Contact onAnglos’ Immigration Policy Views: Awareness of Latinos’Problems is the Key.” Du Bois Review. (2017).

18 • Poverty & Race • Vol. 26, No. 2 • April-June 2017

PRRAC'S SOCIAL SCIENCE ADVISORY BOARD

Dolores Acevedo-GarciaBrandeis Univ.

Raphael BosticUniv. of Southern California

Sol Price School of Public Policy

Camille Zubrinsky CharlesDept. of Sociology, Univ. of Pennsylvania

Regina Deil-AmenUniv. of Arizona College of Education

Stefanie DeLucaJohns Hopkins Univ.

Ingrid Gould EllenNew York Univ.

Wagner School of Public Service

Lance FreemanColumbia Univ. School of Architecture,

Planning and Preservation

John GoeringBaruch College, City Univ. of New York

Heidi HartmannInst. for Women’s Policy Research (Wash., DC)

Rucker C. JohnsonUniv. of California-Berkeley

Goldman School of Public Policy

Jerry KangUCLA School of Law

William KornblumCUNY Center for Social Research

Maria KrysanUniv. of Illinois, Chicago

Fernando MendozaDept. of Pediatrics, Stanford Univ.

Roslyn Arlin MickelsonUniv. of No. Carolina-Charlotte

Pedro NogueraNew York Univ. School of Education

Paul OngUCLA School of Public Policy

& Social Research

Gary OrfieldUCLA Civil Rights Project

Ann OwensUniversity of Southern California

Patrick SharkeyNew York Univ. Dept. of Sociology

Gregory D. SquiresDept. of Sociology, George Washington Univ.

William TrentUniv. of Illinois at Urbana-Champaign

Margery Austin TurnerThe Urban Institute

Margaret WeirDept. of Political Science

Univ. of California, Berkeley

David WilliamsHarvard School of Public Health

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POVERTY and RACE RESEARCH ACTION COUNCILBoard of Directors/Staff

CHAIROlatunde C.A. Johnson

Columbia Law SchoolNew York, NY

VICE-CHAIRJosé PadillaCalifornia Rural Legal

AssistanceSan Francisco, CA

SECRETARYjohn a. powellHaas Institute for aFair and Inclusive SocietyUniversity of California-Berkeley

Berkeley, CA

TREASURERSpence Limbocker

Neighborhood FundersGroup

Annandale, VA

Anurima BhargavaOpen Society FoundationsWashington, DC

John Charles BogerUniversity of North CarolinaSchool of Law

Chapel Hill, NC

Demetria McCainInclusive CommunitiesProject

Dallas, TXS.M. Miller

The Commonwealth InstituteCambridge, MA

Dennis ParkerAmerican Civil LibertiesUnion

New York, NYGabriela Sandoval

The Utility Reform NetworkSan Francisco, CA

Anthony SarmientoSenior Service AmericaSilver Spring, MD

Theodore M. ShawUniversity of North CarolinaSchool of Law

Chapel Hill, NCBrian Smedley

National Collaborativefor Health Equity

Washington, DCJustin Steil

Massachusetts Institute ofTechnology, Dept. of Cityand Regional PlanningCambridge, MA

Philip TegelerPresident/Executive Director

Megan HaberleDirector of Housing PolicyEditor, Poverty & Race

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Law CenterWashington, DC

Kristen ClarkeLawyers’ Committee forCivil Rights Under Law

Washington, DCCraig Flournoy

University of CincinnatiCincinnati, OH

Rachel GodsilSeton Hall Law SchoolNewark, NJ

Damon HewittOpen SocietyFoundations

New York, NYDavid Hinojosa

Intercultural DevelopmentResearch AssociationSan Antonio, TX

Camille HolmesNational Legal Aid &Defender Assn.

Washington, DCElizabeth Julian

Inclusive CommunitiesProject

Dallas, TX[Organizations listed for

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