Showing posts with label doj. Show all posts
Showing posts with label doj. Show all posts

Monday, May 27, 2024

They Did What? Unbelievable, Believable: An Advocate Shares the Story

They Did What? Unbelievable, Believable

Sometimes remarkable events just simply unfold in front of me. One of those happened last week when one of my former students, Dr. Lisa Merchant, now chair of the Marriage and Family Department at Abilene Christian Univerity, asked me to share the documentary and some thoughts about advocacy from a spiritual perspective. We did what Shoun and I separately or together often do, introduce the film, its background, its making, watch the film, and then discuss what the viewers saw and exprienced. Dr. Merchant and her co-teacher Dr. Tera Harmon did so beautifully. 

As most of you know, the film, "I'm Just a Layman in Pursuit of Justice: Black Farmers Fight Against USDA," chronicles the stories of 9 of 15 Black farmers who between 1997 and 1999 brought their cases of injustice to the US Department of Agriculture and the Department of Justice. While there are non-farmers in the film such as former Secretary of Ag, Mike Espy and the first lawyer for the farmers, James Myart, the film focuses on the stories of the farmers, their years of discrimination, and what they won and what they lost farming while Black in America. 

The students in their final class in the MFT program apparently listened intently as their questions were spot on and allowed me to rift off of them. One of the best was the notation that several times the farmers used phrases like "my DNA is in farming." A second comment was made by a student and the the emotions he felt when I read the names of the Black farmers who have died in the struggle for justice. There were others and it was a beautiful conversation. One huge blessing was that of having Dr. David Todd Harmon, COO of MANA and member of Social Justice Team II at ACU back in the day, reflect upon the film. He shared his skeptism of whether I was right or wrong, and how over the last twenty years he's learned the truth of it all. 

Additionally, I did have the opportunity to discuss the break in Shalom in the garden and how any harm to any person, any sin against another is a break in Shalom, and all of our efforts in the counseling room and in the arena of advocacy are attempts to recreate Shalom as best we can. What is Shalom you ask? It is more than peace, it is an active flourishing of the human experience, and much more than that. Racism is not the way it is supposed to be.Racism is not the way it is supposed to be. Discriminatory actions against those who simply want to farm is not the way it should have been. I also shared from Isaiah 61 and Luke 4 the narrative of Jesus entering the synagogue of his hometown of Nazareth, reading sections from Isaiah with the flourish of "you have heard this passage fulfilled in your hearing." Those words of Jesus capture His mission, to restore, to heal, to mend, to repair, to spread the good news of the Kingdom to "the least of these." 

It occurred to me in recent days that the documentary, sixty minutes in length, cannot possibly tell the entirety of the discriminatory actions done to them by employees of the USDA, so I created a list of both the farmers (anonymously) and deeds done against them. 

If you have not seen the film, I encourage you to at least watch the trailer and you'll get a good sampling of what the entire documentary is about. You'll feel with them in their pain and suffering, and you'll appreciate their willingness to share their stories and the gifts Shoun has in capturing them. 

Here is a fuller description of the acts of discrimination perpetrated upon them. This list is a reprint of a previous blogpost.This list is a reprint of a previous blogpost.

Farmer A and wife were set up by a retiring FSA County employee. Given their trust of him, they bought a farm at an overly high appraisal value. Their land’s productivity was likewise over estimated. Pest infestation was worse than they’d been told. They were denied operating loans by a hostile FSA office, favorable rulings by FSA were overturned. The “put a scar in me that will never heal,” said Farmer A’s wife.

Farmer B was denied operating loans and debt settlement options. The FSA illegally seized his disaster and crop payments. Early on, the FSA office lost his application for debt settlement, resulting in a drawn-out process in which he had to apply a second time. This person demanded that Mr. Farmer B sign blank settlement papers and perjured himself in depositions. The FSA unfairly liquidated his assets.

Farmer C and his wife were denied technical assistance and operating loans in a timely fashion. They were also provided inadequate farm operation loans. The local county office delayed information to him that was crucial to his farm operation, yet gave it to white farmers. They failed to provide him with loan applications and denied him loans despite the loans being collateralized. He was compelled to buy a larger combine than he needed, and then he lost both money and the combine. When farm operation loans came in, they were oftentimes late and less than half of what he needed to farm. The FSA officer demanded for four years that loans be filled out in pencil. His loan applications were altered. He received small loans well into planting season.  The local FSA office put his farm loans against old debts rather than toward the current farm operation. He was caught in the middle of collusion between banks and real estate agents. Loans were accelerated and foreclosure was started. The local office reneged on loans such that he could not pay for seeds or fertilizer.

For Farmer D, the needlessly prolonged process of loan applications meant that he missed out on prime opportunities for a chicken operation because the chicken company had moved on to a white farmer on a select rooster house by the time he got his money. When he did receive operating loans, he was micromanaged via a supervised account, something never done with white farmers. There was an absence of accountability for wrong doing at the county level. Land that he was leasing was sold out from under him and bought by a USDA county official who knew of its availability despite him having a lease/purchase agreement. His cows were shot and killed. He was nearly run off the road on one occasion as he was leaving the county office.

Farmer E was denied farm ownership loans during a time when white farmers were receiving them. The justification by the FSA was that he did not have farm experience despite having grown up on a farm. He was denied low interest operation loans and forced to pay higher interest rates. Similar young white farmers were not penalized. Lease agreements were sometimes terminated unjustly. The county FSA office failed to provide him with assistance. The FSA county agent was told to minimize support in order to insure failure. The FSA office reneged on lease agreements he had made in conjunction with them. His credit was ruined by FSA’s failure to support his efforts.

Farmer F was denied debt relief despite this being a legitimate option for him and his farm operation in years of natural disasters. The FSA withheld payments to him. They stopped payments on federal disaster relief following a severe drought that affected all area farmers. The FSA’s discrimination against him destroyed his credit and cost him $500,000. To this day, promised debt relief has never been provided.

Farmer G was denied loans based upon his status as a Black farmer. He was excluded from loan programs because he was Black. When he did receive loans from the FSA, he was charged exorbitant interest rates. The FSA delayed his receipt of loans which cost him financially. He was forced to work under a supervisory loan agreement unlike white farmers. On one occasion the local FSA office attempted to block his purchase of additional land. The seller worked cooperatively with him.

Farmer H was farming successfully. Despite owing the USDA a modest sum of money, it was only after he voiced support of his parents, Farmer I and his wife, that the USDA initiated foreclosure proceedings against him.

Farmer I and his wife were denied access to disaster relief funds despite disasters in the area for several years in a row. The FSA failed to offer to restructure loans in the face of natural disasters. They refused to allow his adult children to assume the loan, which was very modest at the time. The USDA compelled Farmer I to work under a supervised loan arrangement unlike area white farmers. The USDA settled and reneged on their agreements four times with them. They were told overt threats, “We’re going to sell you out.”  They were denied loans while at the same time the USDA failed to work with them to restructure their loans. The County Supervisor mishandled the USDA’s leaseback/buyback program and failed to follow their usual and customary loan servicing policies. The Department of Justice refused to settle despite the Office of Civil Rights decision that discrimination had occurred. Pigford I was on the horizon and DOJ wanted to wait. The USDA refused to offer debt write-down/write off in keeping with USDA policies. The USDA refused to provide homestead protection options. 

The history of USDA and DOJ is not a pretty read. And I'm glad now that MFT/ACU students and faculty can wrestle in some way with what I've wrestled with for years now. A driving question for me is "why, if democracy is important to all of us, and all people are created been equal, have we devolved in such a way that some people are worth far less than others? 

Monday, June 15, 2020

"I Am A Farmer"

Several years ago the words that follow just popped into my head, so I pulled over and wrote them down. The same situation exists today. Racism with all of its manifestations occurs with the USDA. You'll find below some specific lines to Mr. President, Mr. Justice Man, and Mr. Government Man. Some of us have met with all of them. I have met up with Justice Man and Government Man. The current occupant of the White House and his USDA Secretary are unconcerned about these things so they have to play their way out in court. Some cases have been in some sort of administrative process for upwards of 20 to 30 years. Yes, that's right. Even farmers who "prevailed" under PIgford I and PIgford II have been screwed over. They should have received a number of things including debt relief, a huge thing for farmers. Many never got it. I hope you'll read and use your imagination on the lyrics to this song. FYI that I am looking for a Black male to record this tune. Over the last few months we have been connecting with various presidential candidates and the coalition with which I am involved has helped to shape Senator Warren's policies. A quick google search will land you on that. 
I Am a Farmer*
I am a farmer,
You can plainly see;
Yes, my skin is Black,
Black as I can be.
I am a farmer,
I’ve got a story to tell,
So listen up now,
I’m as mad as…...
Well, I am a farmer’s wife,
You can plainly see.
I am a farmer’s wife,
Black as I can be.
I am a farmer’s wife
We’ve got a story to tell,
So listen up now,
We’re mad as…….
REFRAIN
Well, Mr. Gov’ment man,
What’s a wrong with me?
Is it that my skin is black,
Why you’re mistreatin’ me?
So, Mr. Gov’ment man,
I don’t want it all,
Just want my share,
Like those white folks there.
I am a farmer’s child,
You can plainly see,
I am a farmer’s child,
Black as I can be.
I am a farmer’s child,
We’ve got a story to tell,
So listen up now,
We’re mad as…..
REFRAIN
Well, Mr. Justice man,
What’s a wrong with us,
Is it that our skin is black,
Why you’re mistreatin’ us?
So, Mr. Justice man,
We don’t want it all,
Just want our share,
Like those white folks there.
I am a farmer’s friend,
You can plainly see,
I am a farmer’s friend,
White as I can be.
I am a farmer’s friend,
They’ve got a story to tell,
So, listen up now,
We’re mad as…..
REFRAIN
Well, Mr. President,
What’s a wrong with them?
Is it ‘cause their skin is Black,
Why yore mistreatin’ them?
So, Mr. President,
They don’t want it all,
Just want their share,
Like those white folks there.
So, Mr. Gov’ment man,
When can we talk?
So, Mr. Justice man,
You gonna make us walk?
So, Mr. President,
When’s it goin’ to end?
So, Mr. President,
When will the change begin?
I am a farmer,
As you can plainly see.
Yes, my skin is black,
Black as I can be.
I’m gonna work this land
Just as long as I can.
Gonna work those fields
Until I can’t.
REFRAIN
So, Mr. Gov’ment man,
When can we talk?
So, Mr. Justice man,
You gonna make us walk?
So, Mr. President,
When’s it goin’ to end?
So, Mr. President,
When will the change begin?
Just want my share,
Like those white folks there.
Just want my share,
Like those white folks there.
Just want my share,
Like those white folks there.
*Copyright Waymon Hinson

Thursday, December 26, 2019

Those Who Shaped Me

One of my tasks the next few days is to pull together the long list of the ways Black farmers were discriminated against. I have found myself with a curious block to doing so. The list will be long. It will be torturous. It will be hard to put together. It is especially hard knowing that there are actually people out in the world who got away with treating people badly because of the color of their skin. Yes, the farmers have lost land, property, and livelihood, but those who did the ugly deeds of discrimination got away with it.  Accountability is one thing that must be instituted within the USDA and FSA. Senator Warren has written some things about that.

So, while organizing the files so as to begin to create that list, I ran across some notes that I jotted down from a phone call with a farmer on 2/15/99. I was at Abilene Christian University at the time.  As part of Black history month, I was going to speak in chapel about the plight of Black farmers with implications for students and faculty and staff now.

My instincts said, "Call Mr. Farmer and tell him what's up and ask for his advice." So I did. His sons were interviewed in the documentary, but will withhold his name for now.  We talked for several minutes. He was engaging, forthright, truthful, and encouraging. This man was 76 years of age at the time. He was a graduate of Tuskegee. His time was drawing to a close on this earth. He had prevailed in the administrative hearings with DOJ and USDA. He had paid a huge price for the battle. His health was declining significantly.

He said that he would like for the students to know that there is a struggle, that it is not over, that there are people in offices who are not giving Black farmers a fair shake unless someone is looking over their shoulder. He said that there were people in the Department of Justice who did not want to give.  He encouraged me to tell the students to "join the ranks," "not just in agriculture," that racism is a "part of America," "it's still here," and it's "gonna take everybody," and "young folks are needed."

So, I thanked him for his time and words of wisdom, not knowing that that would be the last time I would ever talk to him. I would talk to his sons some twenty years later, reminisce about that time, and see the home place and the land that he fought so valiantly to save.

The next day, I spoke to the students in the basketball arena at what was called "chapel." I knew from experience that I had a very few seconds to get their attention. I would never have that opportunity again. So, I told them about me, that I was unprepared for what I saw, felt, and heard when interviewing farmers who had been discriminated against. I quoted the farmer with whom I'd talked the day before. It may have been my imagination, but I could have heard a pin drop. The students were quiet, respectful, and engaged. Some talked to me afterwards.

This farmer was one who shaped my naive life. There are others who did the same. I assumed that we were beyond these sorts of things. We had laws, the Civil Rights Movement, leaders who gave their lives for the movement, for the right to vote, to sit anywhere on buses and trains, but little did I know that the law may be colorblind, but people are not.  I learned rather quickly that the county committee system is the best of democracy and the worst of democracy. At that level, we vote our prejudices. White farmers vote for white farmers. They do not vote for Black farmers.

So, as I prepare to create the list of acts of discrimination for the documentary, maybe writing this will help my writers' block. The information is there in those files.  Just write them down. Send them to Shoun.

Yes, I remember talking to Mr. Farmer that evening, February 2, 1999.

Monday, October 28, 2019

Black Farmers Still Struggling, But Continue to Survive!


Black Farmers Still Struggling, But Continue to Survive!
16th National Black Land Loss Summit
November 8 and 9, 2019
Hilton Garden Inn
111 Carolina Crossroads Parkway
Roanoke Rapids, NC 27870

Friday, 1:00 pm to 7:00 pm. Topics include wills and trusts for farmers; legal, political, and legislative issues; Black farmer documentary; and dinner and awards.

Speakers include Omari Wilson, Lawrence Lucas, Lorette Picciano, Waymon Hinson, Shoun Hill, and Gary Grant

Friday, 9:00 to 4:00pm. Topics include niche farming and urban gardening; how the USDA distorted data to the detriment of Black farmers; part two of the documentary; and what the future holds.

Speakers include Nathan Rosenberg, Bryce Wilson Stucki, Michael Stewart, Gary Grant, and others.

Full conference: $150; Friday only $59; and Saturday only $100.

Some scholarships available first come, first serve.

There is vendor space for nominal fee.

Call Gary Grant at 252-826-3017 for more details.

Saturday, July 13, 2019

An Update on the Black Farmer Documentary Effort


The last update from us was back in June as we wrapped up the intense week of traveling across Louisiana, Mississippi, Arkansas, and Alabama. Since then, the work has continued though on a slower pace for me, but for Shoun, things are continuing at warp speed.

Here is a brief summary of what we’ve been up to over the last two years.  In terms of funding, we received a sizable grant from the Black Farmers and Agriculturalists Association and its amazing leader, President, Gary Grant. While that was sizable no doubt, and got us moving down the road, we realized early on that expenses were going to be higher than we anticipated. That is where our friends stepped in.  Many of you prayed over the effort and offered words of support, 90 of you reposted my posts on the FB fund raising page, and 146 of you donated a total of $10,225. We find that both amazing and humbling.

Thus far, in both 2018 and 2019, Shoun and I (and Charla), have made six trips across eleven states.  We have been in Texas (twice), Louisiana, Arkansas, Mississippi, North Carolina, Virginia, Georgia, Alabama, New Jersey, Maryland, and Washington, DC.

We have interviewed legal counsel, farmers and families; a former USDA Secretary of Agriculture; a former Director, Office of Civil Rights, USDA; the president emeritus of the USDA Coalition of Minority Employees; and the author of the premier book on injustices perpetrated by the USDA upon Black farmers during the age of the Civil Rights.

To the best of our abilities to ascertain, there were 15 farmers who settled administratively with the USDA in 1997, 1998, and 1999. The Department of Justice was deeply involved, but that is a story for another day. Of those 15 farmers, we were unable to locate three of them either because they were deceased and we could not contact family members, or we could not contact them period. May they Rest in Power from their trials and tribulations.

Three declined participation. Two are currently living but have legal obligations in areas that conflicted with our efforts. One son of a deceased farmer declined because “that was then and this is now.” We were disappointed in all three of these, but we understand complicated matters of various sorts.

We interviewed living farmers or family members of the remaining farmers. Of the 15 total, we interviewed 9 for a total of 11 interviews. These involved the farmers and spouses themselves, adult children of deceased farmers, adult grandchildren of deceased farmers, and a mother of a farmer.

The interviews took on a life of themselves, so to speak. Arrangements had been made, we arrived generally on time, or if we were not going to make it, we’d make a courtesy call, and then we’d arrive and begin to set up. Shoun handled all of the technical, camera, filming-related issues. I handled explanations, honoraria, signatures, and questions. Charla was marvelous for helping us get these things together. Then, we’d move toward the cameras, with note pad and questions in hand, we’d begin the interview once Shoun was squared away.  The interview would generally continue start to finish though there were times when we would need to stop for a break of some sort of other. Then we would finish.

After finishing the interview, Shoun would take portraits of the farmers and families. He would then walk the land with or without the farmers and families, taking what is called “b-roll” footage. Charla and I would oftentimes help him with his equipment. Sometimes, we would just stay out of the way. Other times we would chat with the farmers and families while Shoun was capturing what his eye said to capture.

Sometimes we would head into town for lunch, or sometimes we would chat a bit and then head on down the road. While I cannot speak for Shoun or Charla, I oftentimes found my head spinning and my heart moving into unique spaces and places.

At this point, the work actually continues. We believe that drone footage will help tell the stories. We have secured a photographer who understands racial issues and will help in telling the stories. Your financial support there is deeply appreciated. Along with that, there is a myriad of details to get done such as contacting folks whose names may or may not appear in the film, who may or may not want to speak for themselves, and all manner of other things.

While this is certainly longer than I’d intended to write today, it does give you a glimpse of the work to which you have contributed.  I’ll write more about gratitude later.

Saturday, June 8, 2019

Words Spoken at DOJ September 24, 1997

"Their circumstances are well documented. A variety of discriminatory actions were perpetrated upon them over long periods of time with a range of seven to thirty years and a mean of 14.8 years.  Those actions included the sale of land at an inflated price, an overestimate of crop productivity, insufficient loans, insufficient technical and managerial support, denial of loans, bankruptcy, loss of purchased land, loss of family-owned land, altered figures on loan applications, the request (or demand) for signatures on blank applications, perjured testimony, loss of equipment, the application of farming loans to other indebtedness, the receipt of half of what was promised, loans issued well into planting season, and numerous others."  ------ Waymon R. Hinson, Ph.D., Department of Justice Hearing, September 24, 1997.

Wednesday, May 8, 2019

Interviewing Legends, How Does One Do That?

Today was another one of those days that defies description. We cannot meet in the Community Center because the A/C would be too loud, so we move to the local community's library.  There we are greeted by the head librarian who shows us a conference room to the back of the building that will be remote and quiet.

Shoun sets up his recording equipment.  I discuss details and legalities with the interviewees, and then we are ready to begin.

How does one interview family? How does one interview legends? How does one interview people who both family and legends? That was my task for today. I just want to do well.

This is personal and uniquely so.  Some farmers I met briefly 25 or so years ago.  Some I have just met.  While the bonds of attachment form quickly when centered around things that matter, this interview is different.  Across the table sits a brother and a sister whom we have known for 14 years.  We have traveled the road together, celebrated with food, discussed things that matter deeply, and have learned to love each other despite our different backgrounds, races, and all manner of other things.

She asked me if I was part Black. I was taken aback. No one has ever asked me about that. She then said something about how much passion I bring to these issues.  My response was, "I think my soul is brown." We chuckled and moved on.

It was another memorable interview.  There are all memorable. This one was memorable.

We discussed family history, legacies, leadership in the community, and how a farm could educate them and their siblings.  We discussed how in different ways each of them was a national figure.

We could have lingered for hours.  The thing that brought us together was painful.  The USDA not once, not twice, but three times had agreements to settle the injustices done to their parents.  Not once, not twice, but three times, the USDA finagled their way out of the agreements.  This family has withstood enormous pressures to hold on to their land.  Insurmountable odds have been placed in their way, yet they still own the land.  They still live on the land.

They and their parents have spent well over 100,000 hours fighting for their cause.  They have spent untold amounts of their money in attempting to find justice for their parents who died prematurely in the cause.

As the evening shadows began to creep, we sat on their property, taking pictures, filming, and
conversing about things that matter. We flicked the mosquitoes off. We'll fight them later. They are growing older.  We are growing older. We'll not be here forever.

We wanted to linger. And then linger some more.  Again, the ground was sacred. We talked of dying and entombment and where.

Then it was time to go. We departed like friends with hugs and words of affection.

Yes, today I interviewed legends who are family. Family who are legends.

Moments not soon forgotten.


Tuesday, March 5, 2019

Black Farmer Documentary Effort: Raising Funds to Tell the Story of Injustice


Introduction

Between 1995 and 1999 roughly 15 black farmers settled discrimination cases with the United States Department of Agriculture out of court. These cases were settled administratively, out of the public eye and have yet to be told. In our opinions, these are truly stories of “David versus Goliath,” and in these instances the Davids won, and they paid an enormous price for the victory.

One story is that of a farmer and his wife in Texas. He had desired to farm full time, and then the opportunity came, but it turned into a nightmare. Over-valued land that did not produce well, loans denied and stalled, harassed by townspeople and USDA officials alike, and surviving an attempt on his life. The back window of his tractor was shot out on one occasion, his dogs were killed, the lock on his gate was glued shut, and a sign left that said, “Nigger go home!” She suffered two heart attacks. She never knew for sure if he was coming home at the end of the day. They still own their land, but they have paid an enormous price.

These stories need to be told.  If you are concerned about power inequities between people of color and whites, these stories will move you. If you are concerned about how institutions of power and privilege exist at the expense of others, I think they will move you. If you want to know about the perils of farming while black in America, you will be moved.

Telling these stories via the documentary is the dream of Shoun and me. We have been working on the documentary since early 2018. We received a grant from a federal agency that has gotten us started.  It will not be nearly enough we have realized. We received some funding in 2018 and are hopeful of receiving the same amount in 2019.

The financial details 

Frankly, we need much more than that. We are asking you to help us raise an additional $10,000. For 2019, these dollars go for the following:  1) honoraria for the interviewees; 2) travel including airfare and taxis; 3) per diem; 4) lodging; 5) office and other miscellaneous expenses; 6) voice-over expert; 7) sound-track expert; and 8) things we haven’t even calculated yet such as distribution, duplicating, and even entering it into film festivals for wider exposure. Our travels will put us in seven states plus the District of Columbia. We will interview farmers and families as well as persons previously or currently employed by the USDA, the Department of Justice, or the Smithsonian.

Here is the link to the fund raising page: 

https://www.facebook.com/donate/395003334636465/?fundraiser_source=external_url

Shoun Hill and Waymon Hinson

My collaborator is Shoun Hill. He lives in NYC and has been involved with the farmer movement since 2008. You can find his photography here:  http://www.shounhill.com/street-photography. You can also find a documentary on Eddie and Dorothy Wise that Shoun did here:  https://vimeo.com/153671213.

My friends may know of my interests. They span the years 1994 to now, consulting on the first cases settled with the USDA, working with the Black Farmers and Agriculturalists Association in several areas including fund raising, writing two blogs, speaking at state, regional, national, and international conferences on injustice, and publishing two articles in refereed journals.

Incentives

If a “team” contributes a total of $1,000, the leader will receive a DVD and a photograph from Shoun. If a member of a “team” contributes $1,000, that member of the team earns the DVD and the photograph. The team leader will receive them as well. Those team leaders are now identified. Friends of theirs can be on their "teams." 

For a $500 contribution the contributor and/or the team leader qualifies for a DVD of “We Shall Not Be Moved: The Story of the Tillery Resettlement Community,” Tillery, NC with descendants of both the slave owners and the enslaved. The soundtrack contains spirituals performed by “The Joyful Sound,” directed by Gary Grant. Also, a poster of “A Man Called Matthew” will be provided. Matthew Grant actually started the black farmer movement. This is a great addition to anyone’s library on matters related to justice. This is for the team leader whose team collects $500 and/or the person who donates $500.

Any additional funds raised beyond costs will go directly to the black farmer movement and our funding organization, the Black Farmers and Agriculturalists Association. Contributions to BFAA earmarked for this effort are tax deductible as it is a 501.c.3. Also, each contributor will be listed in the credits of the documentary when it is published.

Premier

We plan to premier the documentary at a land loss summit in Atlanta in November.

Competitions

In order to tell the story as far and as wide as we can, we will enter the film in film festivals around the country. Entry fees will be taken from our proceeds here. If we win any competition, those funds will return to the black farmer movement.

Monday, December 31, 2018

Black Farmer Documentary Update

Thanks, friends, for asking about the status of the black farmer documentary. This year has been both a learning experience and a labor of love. Doing research, making contacts, managing the budget, interviewing folks, and watching Shoun Hill and his skills in filming have all been beyond belief.

I have learned that some things, many things, in fact, are beyond  my ability to control. People's schedules, the weather, plane flights, and many other things have been learning experiences.

Our intent is to tell the untold stories of African American farmers who fought against the USDA. Specifically, we are focusing upon those farmers whose stories are untold because they settled their cases administratively, or out of court, prior to the certification of the Pigford Class Action Suit in 1999. This is truly the story of the "Davids versus Goliath." We all know that story.

Shoun and I have now completed one year of the two-year effort. We have interviewed former legal counsel, the attorney who was at the very heartbeat of the movement, three living sons of deceased parents who died prematurely in this fight, and a couple who continue to own their land, as does the family of brothers.

Shoun and I have come face to face with pain and suffering. Another body of research which is yet to be published asserts that the greatest damage is found  in the body, mind, and spirit of the farmer, secondly in his spouse, and thirdly in the lives of the farmer's children. We found this to be so. We listened to and observed both struggle and resilience. We heard stories that they have not shared for quite some time, and other stories that they continue to live out and tell others. We saw both the curiosity of being interviewed as well as the dread and the pain of re-telling the old stories. There has been much laughter and there have been tears shed. The interviews remind me of what I wrote and said back in 1995, "I was not prepared for what I saw, heard, and felt." Stories matter, and the teller of stories matter, and  my commitment remains the same today as then. My commitment, and  Shoun's  commitment is to tell stories in places and spaces that they cannot go or do not want to go. We want to be faithful witnesses and tellers of those impactful stories of farming while black.

More could be said, but this  is intended to be a short summary.

For 2019, our travel and filming schedule will be much more economically costly and complicated. We will  be in several states: Louisiana, Mississippi, Alabama, North Carolina, Virginia, and the greater DC area.  We will interview farmers and families, experts in the area of discrimination at the hands of an unwieldy bureaucracy, the USDA and its complicated system that stretches from DC to the local level. We will interview former employees of the USDA and hopefully of the DOJ. These are people who lived through those pivotal days.

Some farmers have passed on into the arms of their maker. Some may actually pass while we are waiting to see them. Some of those who remain with us are increasingly elderly.

We have read a huge number of pages of reports, academic articles, and newspaper articles. They are informative, but there is nothing as moving as hearing stories being told.

Please continue to follow this blog for future updates.

If you'd like to know more about my collaborator, Shoun Hill, please check out his web page or his video.

If you want to know more about what this is all about, please read this article, or this one, or see this man's photography. 

Friday, August 17, 2018

The Clock Is Ticking





When was the last time that you had that proverbial, "the clock is ticking" experience? What was the issue?  What would happen if certain things did not get done in a timely manner?  What would happen if things did indeed get done in a timely manner? What kind of pressure do you and I feel when our backs are against the wall, to use another metaphor?

The Grant family is in that situation.

The family has done a good job of representing itself pro se, or "on behalf of themselves." See this definition. Now, the United States Court of Federal Claims has asserted that the Grant family must  be represented by an attorney who can practice in that court. This requires expertise and it is expensive.

We invite you to support this noble cause.

How did things get to this level?  Here are some of the details that I wrote from the gofundme page in the past on behalf of Matthew and Florenza Grant. 

In the small historic community of Tillery, North Carolina, on a farm to market road, “Roanoke Drive” adjoining the Over the Farm Road, stands a granite sarcophagus, inscribed with the names of Matthew Grant and Florenza Moore Grant. Located where the family’s vegetable garden once was found lie the remains of these two good family farmers. They are still waiting for justice from the United States Department of Agriculture (USDA) and the US Department of Justice (DOJ) as are their family and friends.

Matthew Grant was born just 50 years after slavery, his land-owning family, descendants of share-croppers in southern Virginia. Matthew married his beloved Florenza Moore in 1940 and together they formed a marriage and family that raised six children and numerous nephews and nieces, all educated from proceeds of farming in the Tillery Resettlement Community. 

Their stories of discrimination began in 1971 and remain unresolved to this day. They died prematurely in the battle to save their farm from foreclosure. At one time, it is estimated that they had spent 100,000 hours fighting the discriminatory practices of the USDA. They died before seeing justice. The estate is now fighting for justice for Matthew and Florenza.

On three separate occasions, the USDA and the DOJ admitted that discrimination had occurred. On each of these three occasions, they finagled their way out of honoring due process for Matthew and Florenza. 


Here is another report from the gofundme page. 

Summary of USDA’s Discriminatory Actions Toward the Grants

Admittedly, farming under the influence of the USDA is very complicated. Here is a brief summary of the injustices Matthew and Florenza Grant experienced at the hands of the USDA.

• Originally the Grants were foreclosed upon in 1976 for the sum of $10,000 following three years of county-wide disasters with little to no support from the county office in restructuring loans or other benefits given to any white farmer.

• In 1981 the Grants signed a “Consent Judgment” against their property such that the USDA would release farm equipment. This was, according to the USDA, a “settlement of sorts,” which allowed them to continue farming; however, the USDA refused to allow one son who was a farmer to assume their debt, but instead foreclosed on him as well. The USDA also refused to allow another son to assume the debt and would not work with the adult children on a monthly payment plan.

• In March, 1998, Matthew Grant and the USDA Civil Rights Officers signed a “FINAL RESOLUTION AGREEMENT,” documented with photographs of Secretary Glickman, other USDA officials, and two Grant sons after the signing of the agreement. This action is further documented in a letter from the Director of the Office of Civil Rights dated March 27, 1998. 

• In 2000, under the leadership of another Director of the Office of Civil Rights, the USDA offered a settlement which was deemed an insult by the family. The USDA said that they wanted to settle with the family once and for all. 

• Later in 2000, when it appeared that the USDA was reneging on their agreement, the Grants entered a class action suit Wise etal v. Veneman in a case that is yet to be settled.

• Upon Matthew and Florenza’s deaths (2001), the family heirs attempted to settle once more with the USDA. The requirement by the Department of Justice was that the action, withdrawal from the Wise law suit must be done “with prejudice,” a term signifying that charges could never be brought again. This would mean that all rights of the Grants would be surrendered, something all black farmers have faced.


• The USDA and DOJ are hiding behind technicalities such as no “similarly situated white farmer” was named. This is untrue. The family did point out a “similarly situated white farmer.” This claim is ludicrous.

• Currently, the family heirs are paying a large sum of money to a local bank that has paid off the federal government so that the land cannot be foreclosed upon. This monthly payment is weighty and onerous for the family.

• Justice is still left undone for Matthew and Florenza. This one final possibility through administrative procedures is the final opportunity for justice.


Here is a picture of Matthew Grant, his truck, and his dog. Below is a photo of the Grant family and my wife and me at the sarcophagus of Matthew and Florenza Grant. 


[HENSON+&+GRANT+CHILDREN+-+6-28-05.jpg]






Wednesday, July 18, 2018

Willie's Story

Willie still farms on a place his grandfather purchased years ago. His modest single-wide sits beneath a beautiful oak tree whose limb stretches across the sandy loam road named for his deceased wife. His candor and gift of hospitality caught me off guard, as did his stories of how he almost lost his land.

It was a "ball and chain," he said, the practicalities and the humiliation of working under a supervised account, something that the white farmers did not have to do. He could not buy used equipment that would serve him well. He had to buy what the supervisor told him to buy. He got poor advice from an agent he trusted and lost money on his corn crop and pig farm operation.

While other farmers were getting their farm loan operating money in December, he would get his in April or May. That was too late to lease the good land, purchase the best seeds, get fertilizer into the soil. While his crops were just beginning to break through the dirt, his neighbors' crops were maturing. "My darkest days were when I would get a letter in the mail saying they were going to foreclose on me."

To supplement the family income, he had to drive hours away from the farm. His children grew up without him. His wife had health problems. She was diagnosed with asthma. She died from congestive heart failure. All, Willie says because he could not afford good medical care.

He came very close to losing his land, the land his family owned for generations. He prevailed under Pigford I. He barely kept his land.

His story is deep with themes of struggle and resilience. The stories left me stunned.

"My name is written in the land," he said. His story is written on my heart. I am committed to telling his story and stories of other farmers in places and spaces where they cannot go.

The stories must be told.

Reprinted from http://letjusticeroll.blogspot.com/2015/02/black-land-loss-summit-howard.html


Monday, September 19, 2016

It Seemed to be a Huge Deal

Washington, DC was beautiful that afternoon, September 23, 1997, so beautiful, in fact, that after landing and settling in to the hotel down Pennsylvania Avenue, I went out for an afternoon run. It was quite surprising that things were much closer than I'd expected.  There was the White House, over there the Washington Monument, and over there office buildings of all sorts.

On the run back to the hotel, off to my right, suddenly there in my path was a face that I recognized. It was the former governor of the State of Texas.  I instinctively darted toward her, held out my hand and said, "Hello, Governor Richards, I'm Waymon Hinson from Abilene and I am glad to meet you."  She registered surprise, but still managed to say in her Texas drawl, "Well, I'm glad to meet you."

I felt a little foolish, but what was done was done. I had shaken hands with Anne Richards.

My reason for being in DC was much more important. The first of the mediation hearings was scheduled for the next day. I recall sleeping sluggishly that night, but all preparations had been made.

The next morning, after a snafu in terms of what building we were to go to, we all assembled in the correct building and the correct conference room.

Walking in, I knew something was up.  This felt huge, much more significant than I'd imagined. So, I pulled out pen and paper and drew the schematic of the room, who sat where, what the energy was like, and other details. I knew this was a significant event and wanted to memorialized it. There were the two mediators at the opposite end of the table. There were the two attorneys for the farmers on the left, along with one farmer couple. I sat on that side, just to the right of the one attorney who was a graduate of both USC and Harvard. Across the table were two people whose names I did not get along with Michael Sitcoff, Secretary Reno's appointee to the process, and Pearlie Reed and Lloyd Wright, Secretary Glickman's appointees to the process. Reno was the DOJ secretary and Glickman was the USDA secretary. Along the back wall sat a woman and a man, both general counsel.

One of the first orders of business was whether or not I should be there and whether or not I could speak and if so, for how long.  The conversation felt like it took forever, but eventually the mediators decided I should speak, but for a very brief period of time.  My prepared white paper was boiled down to seven minutes. I talked fast. One of the most striking memories was how Sitcoff fought for me to leave and how he drummed his sharp pencil on the glass table top the entire time.

It was a hostile environment.  The USDA and DOJ wanted to low ball the farmers. The farmers' attorneys were obligated to fight for justice economically and in other ways for them.  The mediation was on and it was intense and it lasted all day long. The negotiations took place in the conference room as well as in another conference room. The mediators went back and forth, back and forth.

All manner of numbers were put on the table as well as all sorts of administrative recommendations. For the first time I came to understand how policies at the federal level were implemented at the state and county levels.  I also came to understand how prejudices could easily be a part of the equation. The farmer at one point said, "It's easy to talk in Washington, but hard to live out" where I'm from. Or something to that effect. Ultimately his farming details were taken care of by an FSA office in another county, not the one where he lived. That was wrong. Should never have been put on the table. The attorney at one point said, "This is not a good offer." The hearing went on and on. I was pleased that no one had a heart attack or a stroke. It was that intense. The most hostility was evident between the lead attorney and Sitcoff.

At some point in the hearing, the magical numbers, $50K and $70K were put on the table.  Later on that year when the Pigford Class was certified as a class, those numbers came back to me.  This article discusses the significance of those numbers.

Yes, the federal government was lowballing the farmers, in my opinion, because they knew that an extremely larger number of black farmers were filing complaints and it was going to be costly.

What is an eye worth? What is the cost for a kidney? How much should the US reimburse a farmer for a heart attack or a stroke?

Living while black is costly in the US.   Farming while black is very, very costly in our country.  Those are the words I used when being interviewed just this morning.

Yes, I remember the mediation hearing.  I have the notes. I recall the debate. I remember that we left the meeting that day with no decision in place. I had seen things that left me disturbed.

I am still disturbed.