Sunday, November 3, 2013

Walking, Shopping and Hanging while Black

In conversation with several North American African elders between eighty and ninety years old, the consensus is that the present situation of our people is worse than slavery, referring to our physical and  mental condition. We know America's legal code derived from the slave system and was mainly designed for the containment of African victims of the American slave system. The Black Codes said any African who resisted being captured could be shot and killed, but his master had to be compensated, so we know there was no epidemic of African on African homicide, and maybe this was a good thing about the slave system. We know three or more Africans couldn't congregate on the corner for fear they were conspiring to escape or cause rebellion. A congregation of African Christians could not meet without a white person present who could report on the proceedings.

And even after so called emancipation, slavery reappeared in the US constitution as involuntary servitude for imprisonment, thus the New Jim Crow is in fact the glorification of slavery under the Constitution. The prison system is now part of the economy with the growth of private prisons with the commodity traded on the stock exchange along with oil, hogs, cotton and wheat. The enslaved prisoners are worth between $40-60 thousand dollars per inmate per year. The North American African and other poor persons cannot find jobs with a fifty thousand dollar per year salary but their value while incarcerated is indisputable.

Ironically, the US has promised insurgents in Iraq and Afghanistan jobs, housing and education if they stop their violence and pledge allegiance to the constitutions of their countries, yet no such offer has been made to the young men and women in our communities who are terrorizing children, adults and senior citizens in the hood.

So the issue for North African Africans is the same as always, i.e. how to escape containment in the neo-slave system, how to walk, drive, shop, and essentially live while black or African, how we can get through the day without using our AK, to quote Ice Cube. This can be a daunting task since we must no only outmaneuver representatives of the neo-slave system in the form of police but other hostile North American Africans who can now kill without fear of paying compensation other than a few years of incarceration. Their self hatred is so pervasive they do not hesitate to kill another brother yet they are so ideologically ignut they seldom strike the white supremacy oppressors. Psychology 101 calls this misplaced aggression. Such misplaced aggression is directed toward another black male and/or female, especially a partner, this Dr. Hare calls our condition Addiction to White Supremacy Type II (See How to Recover from White Supremacy by Dr. M, aka Marvin X).

Suffering from the addiction to white supremacy type II, North American Africans will shop where they are not wanted, even allow themselves to be followed around the store, thinking because they have the wherewithal to buy anything (Oprah, et al), they have transcended the pain of racial discrimination, i.e., nigger rich but yet a nigger, certainly in treatment by the white oppressor.

Segregation forced us to support black businesses, integration tricked us into the illusion of freedom, so today we are simply overjoyed to spend money with the white man rather than with each other. We are happy to dine in restaurants beside whites even when we are seated near the rest room or kitchen, yes, even when we sit for some time without being waited upon because we simply were not "seen" by the waiter.

We know the elders are correct in assessing our present situation as worse than slavery, yes, even with a Black or half-black President, hell, we had black overseers who helped maintain slavery. As Prison Movement griot Kumasi has noted, the most dangerous Negro during slavery was that negro on the horse with a gun. Alas, the slave was not allowed neither horse nor gun! Throughout Africa and Caribbean we have a plethora of neocolonial African rulers often more treacherous than the former masters, after all, they learned how to torture and bleed the people and their resources from the master who continues to rule (Kwame Nkrumah said neocolonialism is simply colonialism playing possum) from the distance. Have our lives changed substantially under our first Black President, or have things gotten worse?

--Marvin X, Editor

The Black Codes

The Black codes in the United States were any of numerous laws enacted in the states of the former Confederacy after the American Civil War, in 1865 and 1866; the laws were designed to replace the social controls of slavery that had been removed by the Emancipation Proclamation and the Thirteenth Amendment to the Constitution, and were thus intended to assure continuance of white supremacy.

The black codes had their roots in the slave codes that had formerly been in effect. The general philosophy supporting the institution of chattel slavery in America was based on the concept that slaves were property, not persons, and that the law must protect not only the property but also the property owner from the danger of violence. Slave rebellions were not unknown, and the possibility of uprisings was a constant source of anxiety in colonies and then states with large slave populations. (In Virginia during 1780-1864, 1,418 slaves were convicted of crimes; 91 of these convictions were for insurrection and 346 for murder.) Slaves also ran away. In the British possessions in the New World, the settlers were free to promulgate any regulations they saw fit to govern their labor supply. As early as the 17th century, a set of rules was in effect in Virginia and elsewhere; but the codes were constantly being altered to adapt to new needs, and they varied from one colony, and later one state, to another.

All the slave codes, however, had certain provisions in common. In all of them the color line was firmly drawn, and any amount of Negro blood established the race of a person, whether slave or free, as Negro. The status of the offspring followed that of the mother, so that the child of a free father and a slave mother was a slave. Slaves had few legal rights: in court their testimony was inadmissible in any litigation involving whites; they could make no contract, nor could they own property; even if attacked, they could not strike a white person. There were numerous restrictions to enforce social control: slaves could not be away from their owner's premises without permission; they could not assemble unless a white person was present; they could not own firearms; they could not be taught to read or write, or transmit or possess "inflammatory" literature; they were not permitted to marry.

Obedience to the slave codes was exacted in a variety of ways. Such punishments as whipping, branding, and imprisonment were commonly used, but death (which meant destruction of property) was rarely called for except in such extreme cases as the rape or murder of a white person. White patrols kept the slaves under surveillance, especially at night. Slave codes were not always strictly enforced, but whenever any signs of unrest were detected the appropriate machinery of the state would be alerted and the laws more strictly enforced.

The black codes enacted immediately after the American Civil War, though varying from state to state, were all intended to secure a steady supply of cheap labor, and all continued to assume the inferiority of the freed slaves. There were vagrancy laws that declared a black to be vagrant if unemployed and without permanent residence; a person so defined could be arrested, fined, and bound out for a term of labor if unable to pay the fine. Apprentice laws provided for the "hiring out" of orphans and other young dependents to whites, which often turned out to be their former owners. Some states limited the type of property blacks could own, and in others blacks were excluded from certain businesses or from the skilled trades. Former slaves were forbidden to carry firearms or to testify in court, except in cases concerning other blacks. 

Legal marriage between blacks was provided for, but interracial marriage was prohibited.
It was Northern reaction to the black codes (as well as to the bloody antiblack riots in Memphis and New Orleans in 1866; see New Orleans Race Riot) that helped produce Radical Reconstruction (see Reconstruction) and the Fourteenth and Fifteenth amendments. The Freedmen's Bureau was created in 1865 to help the former slaves. Reconstruction did away with the black codes, but, after Reconstruction was over, many of their provisions were reenacted in the Jim Crow laws, which were not finally done away with until passage of the Civil Rights Act of 1964.

On the Lynching of North American African Women
The Lynching of Laura Nelson

Black women who were Lynched in America

(Note: this post  is just a partial list of Black Women 
who were lynched in America.  More research has revealed there are over 150 documented cases of African American women lynched in America.  Four of them were known to have been pregnant. You can see the full list at the post Recorded Cases of Black Female Lynching Victims 1886-1957: More on Black Women Who Were Lynched.)

Unidentified Man and Two Women Lynched.

Unidentified Man and two women lynched.

Printed as a community service by Dr. Daniel Meaders, Professor of History at William Patterson University, and author of several books and articles, including Dead or Alive, Fugitive Slaves and White Indentured Servants Before 1800 (Garland Press, 1993)
*** If you think what you are about to read is important, please leave us a comment below and share your thoughts. We want to know what led you to search for this information. It has been getting a lot of attention lately and we value your input.
Jennie Steers
On July 25, 1903 a mob lynched Jennie Steers on the Beard Plantation in Louisiana for supposedly giving a white teenager, 16 year-old Elizabeth Dolan, a glass of poisoned lemonade. Before they killed her, the mob tried to force her to confess but she refused and was hanged. (100 Years at Lynching. Ralph Ginzburg)
Laura Nelson
Laura Nelson was lynched on May 23, 1911 In Okemah, Okluskee, Oklahoma. Her fifteen year old son was also lynched at the same time but I could not find a photo of her son. The photograph of Nelson was drawn from a postcard. Authorities accused her of killing a deputy sheriff who supposedly stumbled on some stolen goods in her house. Why they lynched her child is a mystery. The mob raped and dragged Nelson six miles to the Canadian River and hanged her from a bridge.(NAACP: One Hundred Years of Lynching in the US 1889-1918 )
Ann Barksdale or Ann Bostwick
The lynchers maintained that Ann Barksdale or Ann Bostwlck killed her female employer in Pinehurst, Georgia on June 24, 1912. Nobody knows if or why Barksdale or Bostick killed her employer because there was no trial and no one thought to take a statement from this Black woman who authorities claimed had ”violent fits of insanity” and should have been placed in a hospital. Nobody was arrested and the crowd was In a festive mood. Placed in a car with a rope around her neck, and the other end tied to a tree limb, the lynchers drove at high speed and she was strangled to death. For good measure the mob shot her eyes out and shot enough bullets Into her body that she was “cut in two.”
Marie Scott
March 31, 1914, a white mob of at least a dozen males, yanked seventeen year-old Marie Scott from jail, threw a rope over her head as she screamed and hanged her from a telephone pole in Wagoner County, Oklahoma. What happened? Two drunken white men barged Into her house as she was dressing. They locked themselves in her room and criminally “assaulted” her. Her brother apparently heard her screams for help, kicked down the door, killed one assailant and fled. Some accounts state that the assailant was stabbed. Frustrated by their inability to lynch Marie Scott’s brother the mob lynched Marie Scott. (Crisis 1914 and 100 Years of Lynching)
Mary Turner 1918 Eight Months Pregnant
Mobs lynched Mary Turner on May 17, 1918 in Lowndes County. Georgia because she vowed to have those responsible for killing her husband arrested. Her husband was arrested in connection with the shooting and killing Hampton Smith, a white farmer for whom the couple had worked, and wounding his wife. Sidney Johnson. a Black, apparently killed Smith because he was tired of the farmer’s abuse. Unable to find Johnson. the killers lynched eight other Blacks Including Hayes Turner and his wife Mary. The mob hanged Mary by her feet, poured gasoline and oil on her and set fire to her body. One white man sliced her open and Mrs. Turner’s baby tumbled to the ground with a “little cry” and the mob stomped the baby to death and sprayed bullets into Mary Turner. (NAACP: Thirty Years of Lynching in the U.S. 1889-1918  )
Maggie Howze and Alma Howze -Both Pregnant
Accused of the murder of Dr. E.L. Johnston in December 1918. Whites lynched Andrew Clark, age 15, Major Clark, age 20, Maggie Howze, age 20, and Alma Howze, age 16 from a bridge near Shutaba, a town in Mississippi. The local press described Johnston as being a wealthy dentist, but he did not have an established business in the true sense of the word. He sought patients by riding his buggy throughout the community offering his services to the public at large in Alabama. Unable to make money “peddling” dentistry, the dentist returned to Mississippi to work on his father’s land near Shabuta. During his travels he had developed an intimate relationship with Maggie Howze. a Black woman who he had asked to move and lived with him. He also asked that she bring her sister Alma Howze along. While using the Black young women as sexual objects Johnson impregnated both of them though he was married and had a child. Three Black laborers worked on Johnston’s plantation, two of whom were brothers, Major and Andrew Clark. Major tried to court Maggie, but Johnson was violently opposed to her trying to create a world of her own that did not include him. To block a threat to his sexual fiefdom, Johnston threaten Clark’s life. Shortly after Johnston turned up dead and the finger was pointed at Major Clark and the Howze sisters. The whites picked up Major, his brother, Maggie and her sister and threw them in jail. To extract a confession from Major Clark, the authorities placed his testicles between the “jaws of a vise” and slowly closed it until Clark admitted that he killed Johnston. White community members took the four Blacks out of jail, placed them in an automobile, turned the head lights out and headed to the lynching site. Eighteen other cars, carrying members of the mob, followed close behind. Someone shut the power plant down and the town fell into darkness. Ropes were placed around the necks of the four Blacks and the other ends tied to the girder of the bridge. Maggie Howze cried, “I ain’t guilty of killing the doctor and you oughtn’t to kill me.” Someone took a monkey wrench and “struck her In the mouth with It, knocking her teeth out. She was also hit across the head with the same instrument, cutting a long gash In which the side of a person’s hand could be placed.” While the three other Blacks were killed instantly, Maggie Howze, four months pregnant, managed to grab the side of the bridge to break her fall. She did this twice before she died and the mob joked about how difficult it was to kill that “big Jersey woman.” No one stepped forward to claim the bodies. No one held funeral services for the victims. The Black community demanded that the whites cut them down and bury them because they ‘lynched them.” The whites placed them in unmarked graves.
Alma Howze was on the verge of giving birth when the whites killed her. One witness claimed that at her “burial on the second day following, the movements of her unborn child could be detected.” Keep in mind, Johnston’s parents felt that the Blacks had nothing to do with their son’s death and that some irate white man killed him, knowing that the blame would fall on the Black’s shoulders. The indefatigable Walter White, NAACP secretary, visited the scene of the execution and crafted the report. He pressed Governor Bilbo of Mississippi to look into the lynching and Bilbo told the NAACP to go to hell. (NAACP: Thirty Years of Lynching in the U.S.. 1889-1918 ) (Papers of the NAACP)
Holbert Burnt at the Stake
Luther Holbert, a Black, supposedly killed James Eastland, a wealthy planter and John Carr, a negro, who lived near Doddsville Mississippi. After a hundred mile chase over four days, the mob of more than 1,000 persons caught Luther and his wife and tied them both to trees. They were forced to hold out their hands while one finger at a time was chopped off and their ears were cut off. Pieces of raw quivering flesh was pulled out of their arms, legs and body with a bore screw and kept for souvenirs. Holbert was beaten and his skull fractured. An eye was knocked out with a stick and hung from the socket. (100 Years of Lynching by Ralph Ginzburg)
American mobs lynched some 5.000 Blacks since 1859, scores of whom were women, several of them pregnant. Rarely did the killers spend time in jail because the white mobs and the government officials who protected them believed justice meant (just us) white folks. Lynching denied Blacks the right to a trial or the right to due process. No need for a lawyer and a jury of your peers: the white community decided what happened and what ought to be done. After the whites accused Laura Nelson of killing a white deputy In Oklahoma, they raped this Black woman, tied her to a bridge trestle and for good measure, They lynched her son from a telephone pole. Had the white community reacted in horror after viewing the dangling corpses of Laura Nelson and her son? No, they came by the hundreds, making their way by cars, horse driven wagons, and by foot to view the lynching. Dressed in their Sunday best, holding their children’s hands and hugging their babies the white on-lookers looked forward to witnessing the spectacle of a modern day crucifixion. They snapped pictures of Laura Nelson, placed them on postcards and mailed them to their friends boasting about the execution. They chopped of f the fingers, sliced off the ears of Ms. Holbert, placed the parts In jars of alcohol and displayed them in their windows.
White America today know little or nothing about lynching because it contradicts every value America purports to stand for. Blacks, too, know far too little about the lynchings because the subject is rarely taught in school. Had they known more about these lynchings, I am almost certain that Blacks would have taken anyone to task, including gangster rappers, for calling themselves niggers or calling Black women “hoes” and “bitches.” How could anybody in their right mind call these Black women who were sexually abused, mutilated, tortured and mocked the same degrading Please do not throw this away. Give it to a friend or a names that the psychopathic lynchers called them? relative. Peace.
What Black woman in her right state of mind would snap her fingers or tap her feet toihe beat of a song that contained the same degrading remarks that the whites uttered when they raped and lynched them The lynchers and the thousands of gleeful spectators called these Black women niggers when they captured them, niggers when they placed the rope around their necks and niggers when their necks snapped. Whites viewed Black women as hated black things, for, how else can one explain the treatment of Mary Turner? The lynch mob ignored her cries for mercy, ripped off her clothes, tied her ankles together, turned her upside down, doused her naked body with gas and oil, set her naked body on fire, ripped her baby out of her, stomped the child to death and laughed about it. Blacks purchased Winchesters to protect themselves, staged demonstrations, created anti-lynching organizations, pushed for anti-lynching legislation and published articles and books attacking the extralegal violence. Many pocked up. left the community never to return again. Others went through bouts of sadness, despair, and grief. Some broke down, a few went insane. Others probably fell on their knees, put their hands together, closed their eyes and begged Jesus for help. Jesus help us. Do not forsake us. But Jesus. the same white man the lyncher’s ancestors taught us to love, never flew out of the bush in a flame of fire armed with frogs and files and locusts to save Mary Turner. No thunder, no rain, no hail and no fire blocked the lynchers from hanging Laura Nelson. He did not see the “affliction” of the Holberts; he did not hear the screams of Marie Scott or the cry of Jennifer Steers.
So who are our real heroes?. Little Kim Is not a hero. Oprah is not a hero.. Whoople Goldberg is not a hero. Michael Jordan is not a hero. Dennis Rodman Is not a hero. They are entertainers, sport figures. creations of the media, media icons and they are about making huge sums of money and we wish these enterprising stars well. . Mary Turner, Laura Nelson, Marie Scott and Jennie Steers are your true historical heroes. Niggers they were not. Bitches they were not. Hoes they were not. They will not go down in history for plastering their bodies with tattoos, inventing exotic diets, endorsing Gator Ade, embracing studIo gangsterism, They were strong beautiful Black women who suffered excruciating pain, died horrible deaths. Their legacy of -strength lives on. These are my heroes. Make them yours as well.
Addendum===Below are women who were lynched in addition to the initial findings of Dr. Daniel Meaders. They can be found in the pages of the book 100 Years of Lynching by Ralph Ginzburg.
Mae Murray Dorsey and Dorothy Malcolm
On July 25, 1946, four young African Americans—George & Mae Murray Dorsey and Roger & Dorothy Malcom—were shot hundreds of times by 12 to 15 unmasked white men in broad daylight at the Moore’s Ford bridge spanning the Apalachee River, 60 miles east of Atlanta, Georgia. These killings, for which no one was ever prosecuted, enraged President Harry Truman and led to historic changes, but were quickly forgotten in Oconee and Walton Counties where they occurred. No one was ever brought to justice for the crime.
Ballie Crutchfield
Around midnight on March 15, 1901 Ballie Crutchfield was taken from her home in Rome to a bridge over Round Lick Creek by a mob. There her hands were tied behind her, and she was shot through the head and then thrown in the creek. Her body was recovered the next day and an inquest found that she met her death at the hands of persons unknown (euphemism for lynching).
After Walter Sampson lost a pocketbook containing $120, it was found by a little boy. As he went to return it to its owner, William Crutchfield, Ballie’s brother, met the boy. Apparently, the boy gave him the pocketbook after being convinced it had no value. Sampson had Crutchfield arrested and taken to the house of one Squire Bains.
A mob came to take Crutchfield for execution. On the way he broke lose and escaped in the dark. The mob was so blind with rage they lay blame on Ballie as a co-conspirator in her brother’s alleged crime and proceeded to enact upon their beliefs culminating in the aforementioned orgy of inhumanity.
Belle Hathaway
At 9 o’clock the night of January 23, 1912 100 men congregated in front of the Hamilton, Georgia courthouse. They then broke into the Harris County Jail. After overpowering Jailor E.M. Robinson they took three men and a woman one mile from town.
Belle Hathaway, John Moore, Eugene Hamming, and “Dusty” Cruthfield were in jail after being charged with the shooting death a farmer named Norman Hadley.
Writhing bodies silhouetted against the sky as revolvers and rifles blazed forth a cacophony of 300 shots at the victims before the mob dispersed.
Sullivan Couple Hung as Deputy Sheriff and Posse Watch
Fred Sullivan and his wife were hanged after being accused of burning a barn on a plantation near Byhalia, Mississippi November 25, 1914. The deputy sheriff and his posse were forced to watch the proceedings.
Cordella Stevenson Raped and Lynched
Wednesday, December 8, 1915 Cordella Stevenson was hung from the limb of a tree without any clothing about fifty yards north of the Mobile and Ohio Railroad outside Columbus, Mississippi. The gruesomely horrific scene was witnessed by thousands and thousands of passengers who traveled in and out of the city the next morning.
She was hung there by a bloodthirsty mob who had taken her from slumber, husband and home to the spot where she was raped and lynched. All this was done after she had been brought to the police station for questioning in connection with the arson of Gabe Frank’s barn. Her son had been suspected of the fire. The police released her after she convinced them her son had left home several months prior and she did not know his whereabouts.
After going to bed early, a knock was heard at the door. Her husband, Arch Stevenson went to answer, but the door was broken down first and his wife was seized. He was threatened with rifle barrels to his head should he move.
The body was left hanging until Friday morning. An inquest returned a verdict of “death at the hands of persons unknown.”
5 Hanged on One Oak Tree
Three men and two women were taken from the jail in Newberry, Florida on August 19, 1916 and hanged by a mob. Another man was shot by deputy sheriffs near Jonesville, Florida. All this was the result of the killing the day prior of Constable S.G. Wynne and the shooting of Dr. L.G. Harris by Boisey Long. Those who were lynched had been accused of aiding Long in his escape.
Mary Conley
After Sam Conley had been reprimanded by E.M. Melvin near Arlington, Georgia, his mother Mary intervened to express her resentment. After Melvin slapped and grappled with her, Sam Conley struck Melvin on the head with an iron scale weight, resulting in his death shortly afterward.
Although Sam escaped, his mother was captured and jailed. She was taken from the jail at Leary and her body was riddled with bullets. Her remains were found along the roadside by parties entering into Arlington the next morning.
Bertha Lowman
Demon Lowman, Bertha Lowman, and their cousin Clarence Lowman were in the Aiken, South Carolina jail when it was raided by a mob early on October 8, 1926. The three had been in jail for a year and a half while they were tried for the murder of Sheriff and Klansman Henry H.H. Howard. Howard was shot in the back while raiding the house of Sam Lowman, father to Bertha and Demon. Klansmen filed by Howard’s body two-by-two when it laid in state. A year after his funeral a cross was burned in the cemetery at his grave.
Although the Lowman’s were tried and sentenced to death, a State Supreme Court reversed the findings and ordered a new trial. Demon had just been found not guilty when the raid on the jail occurred. Taken to a pine thicket just beyond the city limits their bodies were riddled with bullets.
The events which resulted in this lynching are surreal to say the least. Samuel Lowman was away from home at a mill having meal ground on April 25, 1925. Sheriff Howard and three deputies appeared at the Lowman Cabin three miles from Aiken. Annie Lowman, Samuel’s wife and their daughter Bertha were out back of the house working. Their family had never been in any kind of trouble. They did not know the sheriff and he did not know them. Furthermore, they were not wearing any uniform or regalia depicting them as law enforcers. Hence the alarming state of mind they had when four white men entered their yard unannounced, even if it was on a routine whiskey check. It was even more distressing because a group of white men had come to the house a few weeks earlier and whipped Demon for no reason at all. After speaking softly to each other the women decided to go in the house.
When the men saw the women move towards the house they drew their revolvers and rushed forward. Sheriff Howard reached the back step at the same time as Bertha. He struck her in the mouth with his pistol butt. Mrs. Lowman picked up an axe and rushed to her daughter’s aid. A deputy emptied his revolver into the old woman killing her.
Demon and Clarence were working in a nearby field when they heard Bertha’s scream. Demon retrieved a pistol from a shed while Clarence armed himself with a shotgun. The deputies shot at Demon, who returned fire. Clarence’s actions are not clear. When it was all over a few seconds later the Sheriff was dead. Bertha had received two gunshots to the chest just above her heart. Clarence and Demon were wounded also. In total five members of the Lowman family were in put jail.
Samuel Lowman returned to find in his absence he had become a widower with four of his children in jail along with his nephew. In three days he would be charged with harboring illegal liquor when a quarter of a bottle of the substance is found in his backyard. For that the elderly farmer was sentenced to two years on the chain gang.
18 year old Bertha, 22 year old Demon and 15 year old Clarence were tried for the Sheriff’s murder and swiftly found guilty. The men were sentenced to death with Bertha given a life sentence.
Demon’s acquittal made it appear that Clarence and Bertha would been freed as well. The day they were murdered they were taken from the jail, driven to a tourist a few miles from town and set loose. As they ran they were shot down.
Mr. Lowman contended one of the deputies who coveted the Sheriff’s job was his real killer. The same man later led the mob which slew Lowman’s children and nephew. Apparently, he knew they could identify him as the culprit.

Court blocks ruling that altered NYPD's

 stop-and-frisk policy

By Chris Boyette and Michael Martinez, CNN
updated 11:18 AM EDT, Fri November 1, 2013
  • A three-judge appeal panel finds a lower court judge "ran afoul of the Code of Conduct"
  • A new lower court judge is to be assigned to the case
  • NYPD's stop-and-frisk policy continues during appeals
New York (CNN) -- A federal appeals court Thursday blocked a ruling that deemed the New York Police Department's stop-and-frisk policy unconstitutional, while removing the judge from the case as other appeals are heard.
The three-judge panel of the U.S. Court of Appeals for the Second Circuit said the lower court judge "ran afoul" of requirements that judges avoid even the appearance of impropriety.
Judge Shira A. Scheindlin, the appeals court said, jeopardized "the appearance of partiality ... by a series of media interviews and public statements purporting to respond publicly to criticism of the District Court."
Scheindlin, in a related 2007 proceeding, said, "If you got proof of inappropriate racial profiling in a good constitutional case, why don't you bring a lawsuit? You can certainly mark it as related," adding, "I am sure I am going to get in trouble for saying it, for $65 you can bring that lawsuit," the ruling said.
The ruling also points to interviews with the New York Law Journal, The Associated Press and The New Yorker in which the judge spoke about her personal beliefs on the issue and defended her decision.
The stop-and-frisk policy -- in which police stop, question and frisk people they deem suspicious, even if they've committed no crime -- has been one of the most controversial policing techniques in recent time, fueled by clashes between civil rights and civil liberties groups challenging the practice as racist and illegal. Law enforcement and other proponents say the practice works to reduce crime.
In August, Scheindlin ordered that the stop-and-frisk policy be altered, finding that it is unconstitutional in part because it unlawfully targets blacks and Latinos.
City officials had bristled at the contention that police racially profile suspects and appealed the ruling.
Scheindlin, ruled that the policy violated plaintiffs' Fourth Amendment rights barring unreasonable searches, finding that police made at least 200,000 stops from 2004 to June 2012 without reasonable suspicion. She also found evidence of racial profiling, violating plaintiffs' 14th Amendment rights guaranteeing equal protection.
The panel did not rule on Scheindlin's decision in the case.
Michael A. Cardozo, counsel for the New York City Law Office, applauded the appeals court's ruling.
"We could not be more pleased with the court's findings," he said, because the ruling puts off a decision on the constitutionality of the policy until another judge can weigh in.
The nonprofit organization representing the plaintiffs in the case criticized the ruling.
"We are dismayed that the Court of Appeals saw fit to delay the long-overdue process to remedy the NYPD's unconstitutional stop-and-frisk practices, and we are shocked that they cast aspersions on the professional conduct of one of the most respected members of the federal judiciary and reassigned the case," the Center for Constitutional Rights said in a statement.
Thursday's ruling effectively stalls changes mandated by Scheindlin, who said stops should be based on reasonable suspicion and made in a racially neutral manner.
Her ruling called for the appointment of a former Manhattan prosecutor to develop reforms of the NYPD's policies and a pilot project in which NYPD patrol officers in five precincts -- one in each borough with the most stops in 2012 -- must wear video cameras.
Outgoing Mayor Michael Bloomberg is an outspoken proponent of the policy, saying it saves lives and lowers crime.
NYPD Commissioner Ray Kelly was forced to cancel a speech at Brown University on Tuesday after protesters shouted at him on stage about stop-and-frisk policies.
On Thursday, Kelly said he has been "concerned about the partiality of Judge Scheindlin, and we look forward to the examination of this case."
The controversy about the policy extended into the mayoral race.
Democratic nominee Bill de Blasio, who is heavily favored to win Tuesday, has made his opposition to stop-and-frisk a major campaign issue.
"I'm extremely disappointed in today's decision. We shouldn't have to wait for reforms that both keep our communities safe and obey the Constitution," he said in a statement.
Republican nominee Joe Lhota said, "Bravo! As I have said all along, Judge Scheindlin's biased conduct corrupted the case, and her decision was not based on the facts."

19-Year-Old Detained For ‘Shopping While Black’ At Barneys

Barneys, the high-end fashion mecca in one of Manhattan’s most expensive retail blocks, is facing lots of questions and a civil lawsuit after the store’s loss prevention officers detained 19-year-old Trayon Christian, a black student at the NYC College of Technology. His crime? Shopping while black.
The Queens native had walked into the luxury shop last April in search of a new Salvatore Ferragamo belt retailing for $350. He had been setting aside part of his paychecks from his part time job for months, and finally had enough to make the purchase. But as he exited the store with the belt (and his receipt) in tow, undercover officers stopped Christian and began questioning his purchase, according to a report in the New York Post:
As soon as he exited the luxury department store, undercover officers grabbed Christian and asked “how a young black man such as himself could afford to purchase such an expensive belt,” according to the suit, filed Tuesday in Manhattan Supreme Court.
A Barneys clerk, who had asked Christian for identification when he bought the belt, called police claiming the purchase was a fraud, the suit says.
The responding officers hauled Christian to a local police station for more questioning. Even after producing his receipt, the debit card he used to make the purchase, and his identification, officers continued to insist that the purchase with fraudulent. Only after an officer called Chase bank, which verified that Christian was the account holder for the card in question, did the police let him go.
The incident is the subject of a lawsuit brought by Christian against Barneys and the NYPD, which has faced repeated charges of racial profiling of young black men in particular. The department’s controversial stop and frisk policy has also been in the news for both its reliance on racial profiling and its failure to actually curb any crime.
Barneys has thus far refused to offer an apology to Christian, though it did take the time to defend itself from the allegations. “Barneys New York typically does not comment on pending litigation. In this instance, we feel compelled to note that after carefully reviewing the incident of last April, it is clear that no employee of Barneys New York was involved in the pursuit of any action with the individual other than the sale. Barneys New York has zero tolerance for any form of discrimination and we stand by our long history in support of all human rights,” they said in a statement to the local ABC affiliate.
As it turns out, Trayon Christian isn’t the only person to face discrimination by the New York retailer. A day after his story spread across the internet, another young black shopper, 21-year-old Kayla Phillips, told the New York Post that she too was a victim of Barneys apparent policy of racial profiling.
She had purchased a $2,500 handbag back in February when undercover officers stopped her after she had left the store, supposedly after a clerk from Barneys had phoned in her “suspicious” purchase.
Via the Post:
“As I was walking into the train station, four undercover police officers attacked me,” Phillips said.
“They asked me why I used a debit card and why it didn’t have my name on it,” she said of her temporary Bank of America card.
A frightened Phillips called her mom, who told The Post cops had asked, “What are you doing here in Manhattan? Where’d you get the money to buy that expensive bag?”
The luxury department store is facing a wave of criticism on social media, but has thus far failed to offer an apology to Christian or respond to the new allegations by Phillips.

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