NAACP Attorney on EM Federal Lawsuit

**313WX** · June-02-13, 04:16 PM

He does make some good points...

http://michigancitizen.com/naacp-fin...m-voting-case/

NAACP finds hope in judge assigned to EM voting case

DETROIT —“Bold” is how NAACP attorney Melvin “Butch” Hollowell described Federal District Court Judge Paul D. Borman, assigned to hear the voting rights case brought by the Detroit Chapter of the NAACP to end the Emergency Manager law, Public Act 436.

Hollowell, speaking at the Chapter’s General Membership meeting held May 23 at MGM Grand, said Borman was the judge who granted an injunction to welfare recipients who were cut off of aid by Gov. Rick Snyder. Borman ruled the recipients had a right to appeal their dismissals. It was a ”bold” ruling, Hollowell said...

...Finally, Hollowell said, due to past discrimination in voting, Michigan is one of 16 states under jurisdiction of section five of the civil right act. Accordingly, any change in voting has to get prior justice department approval. The state didn’t do that, he said.

Proposal One on the November ballot gave voters a chance to speak on emergency mangers. Fifty-four percent of Michigan voters rejected emergency management, yet five weeks later in a lame duck session lawmakers passed a new emergency manager law.

“In their haste to pass the new law, they forgot to get federal approval,” Hollowell said.

**compn** · June-02-13, 04:59 PM

voter discrimination? in michigan? you dont say.

what about the 'are you a citizen' box on the ballots thing? did they get fed approval for that as well? i guess that was more of a Secretary of State that overstepped her boundaries but jeez

**Wesley Mouch** · June-02-13, 05:11 PM

NAACP continues to suppress blacks with self-serving logic. Someday they should try advancing something -- not regressing to irrelevance by deconstructing laws to their benefit and not the advancement of their constituency.

**compn** · June-02-13, 05:48 PM

whats your opinion on this lawsuit against the EM law wesley?

**Wesley Mouch** · June-02-13, 07:16 PM

Originally Posted by compn

whats your opinion on this lawsuit against the EM law wesley?

Pointless buffonery and posturing.

Why would you fight against the doctor who has come to you on your death bed?

If you care about Detroit, you should have noticed its massively dysfunctional actions of the last few decades. Leadership has not been responsible. So the adults are coming in and cleaning up this mess.

The results of this cleanup could greatly benefit Detroit.

Entrenched interests such as politicians, union leaders, and demagogues are playing upon irrational fears for their own gain. If they were wise, they'd be helping this process through and applauding reforms.

The lawsuit is simply yet another attempt to delay this process, in the hopes that money will appear from somewhere to paper over the waste and the abuse of taxpayers.

For Detroit's sake, I hope it gets tossed out. If not, then I hope bankruptcy comes fast.

This is not some vast conspiracy by the right wing to take control of Detroit -- in fact Snyder has clearly taken on his own party to do something good for Detroit.

**corktownyuppie** · June-02-13, 07:24 PM

Originally Posted by Wesley Mouch

Pointless buffonery and posturing.

Why would you fight against the doctor who has come to you on your death bed?

If you care about Detroit, you should have noticed its massively dysfunctional actions of the last few decades. Leadership has not been responsible. So the adults are coming in and cleaning up this mess.

The results of this cleanup could greatly benefit Detroit.

Entrenched interests such as politicians, union leaders, and demagogues are playing upon irrational fears for their own gain. If they were wise, they'd be helping this process through and applauding reforms.

The lawsuit is simply yet another attempt to delay this process, in the hopes that money will appear from somewhere to paper over the waste and the abuse of taxpayers.

For Detroit's sake, I hope it gets tossed out. If not, then I hope bankruptcy comes fast.

This is not some vast conspiracy by the right wing to take control of Detroit -- in fact Snyder has clearly taken on his own party to do something good for Detroit.

I actually think that it won't matter how the lawsuit ends up. Let's say that the EM law is struck down. Everyone agrees that the restructuring will happen anyway. We can do it in 18 months, with pension protection. Or we can drag it out over 5 years with every whackjob appealing every court ruling to the highest court in the land. Neighborhoods and businesses will combine resources to hire quasi-private police forces. The places with means will take care of themselves. The most vulnerable will be the ones who pay the price.

One way or another, changes are coming. Not because it's the law. Not because of politics. But because of math. At that point, I wouldn't be surprised if the City and Council just hired the Orr to act as a consultant so they don't have to "reinvent the wheel".

**evergreen** · June-02-13, 07:51 PM

Michigan is not a covered jurisdiction for purposes of Section 5 of the Voting Rights Act. Two counties are, but not the entire state. Please see this site
http://www.justice.gov/crt/about/vot/sec_5/covered.php

I am really shocked that an attorney of Mr. Hollowell's reputation would make a statement like that. Covered jurisdictions have to submit any change - including moving a polling station or switching from at large to district elections - to the Justice Department for approval prior to implementing the change.

**Wesley Mouch** · June-02-13, 08:11 PM

Originally Posted by corktownyuppie

I actually think that it won't matter how the lawsuit ends up. Let's say that the EM law is struck down. Everyone agrees that the restructuring will happen anyway. We can do it in 18 months, with pension protection. Or we can drag it out over 5 years with every whackjob appealing every court ruling to the highest court in the land. Neighborhoods and businesses will combine resources to hire quasi-private police forces. The places with means will take care of themselves. The most vulnerable will be the ones who pay the price.

One way or another, changes are coming. Not because it's the law. Not because of politics. But because of math. At that point, I wouldn't be surprised if the City and Council just hired the Orr to act as a consultant so they don't have to "reinvent the wheel".

Ah great CTY, good points all.

Although I agree, I think you may be missing the 'stall' strategy.

If reform can be stalled long enough, maybe the 'math' changes. And reform can be avoided. And the leeches can keep sucking blood. Leeches like blood.

**Toka313** · June-02-13, 09:39 PM

Originally Posted by corktownyuppie

I actually think that it won't matter how the lawsuit ends up. Let's say that the EM law is struck down. Everyone agrees that the restructuring will happen anyway. We can do it in 18 months, with pension protection. Or we can drag it out over 5 years with every whackjob appealing every court ruling to the highest court in the land. Neighborhoods and businesses will combine resources to hire quasi-private police forces. The places with means will take care of themselves. The most vulnerable will be the ones who pay the price.

One way or another, changes are coming. Not because it's the law. Not because of politics. But because of math. At that point, I wouldn't be surprised if the City and Council just hired the Orr to act as a consultant so they don't have to "reinvent the wheel".

The restructuring gets pension protection with or without an EM. The most dangerous scenario is a bankruptcy run by EM instead of the local elected government. The EM has no interest or need to ensure long term growth and by law the EM must look to satisfying creditors first. Chapter 9 doesn't have that requirement. Additionally, a condition of Chapter 9 is that there has to be agreement among parties in order to do anything. There is no requirement of selling assets without agreement, which means that the lawsuits you envision would be far more difficult to have standing.

**corktownyuppie** · June-02-13, 09:45 PM

Originally Posted by Wesley Mouch

If reform can be stalled long enough, maybe the 'math' changes. And reform can be avoided. And the leeches can keep sucking blood. Leeches like blood.

Sad but true.

Whether it's Matty Moroun delaying the bridge by 3 years or the City of Detroit pushing every service to its breaking point, there are those whose self-interest will be contrary the public good. I find them both to be equally guilty.

Either way, the clock is running out, and the sooner the better.

**illwill** · June-02-13, 11:26 PM

Originally Posted by Wesley Mouch

Ah great CTY, good points all.

Although I agree, I think you may be missing the 'stall' strategy.

If reform can be stalled long enough, maybe the 'math' changes. And reform can be avoided. And the leeches can keep sucking blood. Leeches like blood.

And in the meantime, maybe some of the privileged and so-called pioneers get tired of waiting around for lack of services and decide it's time to move on...?

**Vic01** · June-03-13, 12:34 AM

Originally Posted by evergreen

Michigan is not a covered jurisdiction for purposes of Section 5 of the Voting Rights Act. Two counties are, but not the entire state. Please see this site
http://www.justice.gov/crt/about/vot/sec_5/covered.php

interestingly enough... Wayne County is not covered

**Hermod** · June-03-13, 04:29 AM

I would guess that my response to the lawsuit filing is that this has absolutely nothing to do with voting. Voting was done in accordance with the law and the voters made their selections for mayor and clownsil.

What is being done here is that, under a state of Michigan law, adult supervision is being placed over the mayor and clownsil elected by the voters and the city checkbook has been removed from their hands..

**mwilbert** · June-03-13, 01:31 PM

I was on the debate team in high school with Butch, and my memory is that he will make whatever argument he thinks might work, which is why he is probably a good lawyer.

I'm guessing that [[by his reasoning) the VRA doesn't need to apply to Wayne county for it to apply to the EM law, because the law applies to the whole state. In any case, the NAACP is his client, and he will do his best to get them what they want, which is what he should do.

Whether the NAACP should think that business as usual in Detroit is a desirable goal is an excellent question, but I'm sure they have a reflexive dislike of what they understandably view as disenfranchisement, irrespective of the fact that up to this point, municipal voting rights for the citizens of Detroit haven't generated a lot of positive results.

**Danny** · June-03-13, 01:45 PM

I will tell the NAACP ENOUGH! with the EM lawsuits! It's all part of the Michigan State Constitutional law to ease the city, county, village, township and school districts fiscal responsibility. Detroit City government was borrowing too much money and paying back less. Detroit City leaders even squander city taxpayers' monies on rediculous projects or secret spending of their luxuries. The NAACP are losing their ground on civil rights of races and turn to race cards in order to gain political power. The NAACP needs to get their act straight and focus of the getting minorities back to school, finding jobs and stopping urban crime and discrimination.

**Wesley Mouch** · June-03-13, 04:05 PM

Originally Posted by Danny

I will tell the NAACP ENOUGH! with the EM lawsuits! It's all part of the Michigan State Constitutional law to ease the city, county, village, township and school districts fiscal responsibility. Detroit City government was borrowing too much money and paying back less. Detroit City leaders even squander city taxpayers' monies on rediculous projects or secret spending of their luxuries. The NAACP are losing their ground on civil rights of races and turn to race cards in order to gain political power. The NAACP needs to get their act straight and focus of the getting minorities back to school, finding jobs and stopping urban crime and discrimination.

Tell em, Danny Boy. Clear. Brilliant. Not a word out of place.

**compn** · June-03-13, 10:26 PM

i think theres other ways of fixing detroit without having a dictatorship.

try making it illegal for any city w/ debts over 10 million from borrowing any money unless the budget is balanced. penalty is jail time for city council/mayor who approves such loans.

make it illegal for any mayor/city council to spend more than X amount on assistants, cars, etc.
make no-bid contracts illegal.
make nepotism illegal.

could the state just annex detroit?

**steve from virginia** · June-03-13, 11:24 PM

Only thing to come from the EM is that some well-to-do [[and well-connected) individuals will get a chance to pick up some nice ... artworks ... at a budget price.

How much does that central library cost? How about the parking meter franchise? $10 mil? $20 mil? Depends on who you know. Belle Isle? How about the water and sewer department. Keep in mind, no water, no more Detroit. Most cannot afford the $20k it costs to drill a well ... and most have no room on their properties for a septic system.

A lot of folks aren't paying attention: the EM is a technocrat. He puts the human face on the salvage-scavenge operation ... after all, the city 'owes' billions that can never be repaid. That is a license for the bosses to steal what hasn't been stolen already. The step after the strip-job is the throwing up of hands and the escape by those who can.

Look overseas @ Greece to see Detroit's future w/ the EM and other related technocrats. The next step for Greece is Yemen ... or Syria. This is serious business, there should be no fantasies about recovery. The reason there is a technocrat in the first place is because the cupboard is bare.

The problem is not too much democracy. Despite the charade of self-rule, the business elites and the car industry have run Detroit like a Mississippi plantation for a century. Now, the Massa is broke ... the whole country is broke, there is little left in the way of resources with which to fix things ... and mad confusion.

Add real democracy and see if anything good can come of it. Funny, those colonial dudes in 1776 seemed to like it ... maybe there is something to it.

**Eber Brock Ward** · June-04-13, 08:07 AM

Originally Posted by compn

try making it illegal for any city w/ debts over 10 million from borrowing any money unless the budget is balanced. penalty is jail time for city council/mayor who approves such loans.

this. strict liability, minimum two year sentence, not eligible for parole. balance sheet revenue may not include the proceeds of property sales, bond proceeds, or other non-ongoing revenue infusions.

**313WX** · June-05-13, 09:04 AM

The head of Detroit's chapter of the NAACP also makes good points [[most of which I agree with).

http://www.michronicleonline.com/ind...an-aristocracy

**313WX** · June-05-13, 09:11 AM

And also, Darrell Dawsey's response...

http://www.deadlinedetroit.com/artic...n#.Ua9Ge6O3OTm

**Honky Tonk** · June-05-13, 10:13 AM

Originally Posted by 313WX

The head of Detroit's chapter of the NAACP also makes good points [[most of which I agree with).

http://www.michronicleonline.com/ind...an-aristocracy

He should take a course in reading comprehension, because so far I haven't heard anyone offer to "sell" either Belle Isle or the DWSD.

**Wesley Mouch** · June-05-13, 10:41 AM

Originally Posted by Honky Tonk

He should take a course in reading comprehension, because so far I haven't heard anyone offer to "sell" either Belle Isle or the DWSD.

OK, maybe I haven't read everything on this, but I also haven't heard Mr. Orr say he's going to propose selling DIA artwork either.

What he has done is told the DIA leadership to get their lawyers on the job. That's a wise thing to do. Get ready. Because the city who owns them is probably going to be seeing a bankruptcy judge.

**Honky Tonk** · June-05-13, 10:47 AM

Originally Posted by Wesley Mouch

OK, maybe I haven't read everything on this, but I also haven't heard Mr. Orr say he's going to propose selling DIA artwork either.

What he has done is told the DIA leadership to get their lawyers on the job. That's a wise thing to do. Get ready. Because the city who owns them is probably going to be seeing a bankruptcy judge.

Correct you are. But that makes for boring news and really doesn't stir up any racial or political trouble. Where's the fun in that?????

**Wesley Mouch** · June-05-13, 11:08 AM

Originally Posted by Honky Tonk

Correct you are. But that makes for boring news and really doesn't stir up any racial or political trouble. Where's the fun in that?????

No fun at all. And let me take a second to say that even though I found the NAACP guy to be a fool who is harming African-Americans -- he does have some valid points. I struggle as well with the issue here. I like bankruptcy precisely because it is dispassionate. City acts like fool. Citizens pay the price -- no matter what that is. If you want to pay a living wage, you have to live within your means. And we haven't. But this is somehow different, says my lily-white self. Art ownership by the DIA seems like a public trust. Its like the ground. It is part of what a city is. Its not chattel that has monetary value. But if I believe that, does that mean that others can make the same claims? Can the Charles Wright museum say that their contents and their building [[and their payroll) are also 'public trust'. What about Hart Plaza? Where does one stop?

In the meantime, I think the NAACP is onto something. This selling art is a conspiracy against the Hispanics. Banksy was small change. Rivera is the man.