Blog Posts: Brent J. Ducharme

Brent J. Ducharme

Center Co-chairs "Representing Arab and Muslim-Americans in the Trump Era" CLE

The Agenda from the "Representing Arab and Muslim-Americans in the Trump Era" CLE
The Agenda from the "Representing Arab and Muslim-Americans in the Trump Era" CLE

On April 11, the UNC Center for Civil Rights facilitated a seminar for lawyers on how to best represent Arab and Muslim-Americans under the current administration. Speakers included Christopher Brook of the ACLU of North Carolina, Bradley Banis of Barnwell, Whaley Patterson & Helms, Joseph Zeszotarski Jr. of Gammon, Howard & Zeszotarski, Manzoor Cheema of Project South and Catherine Kim of the University of North Carolina School of Law. Topics ranged from challenging naturalization and green card delays to counseling clients facing questioning by law enforcement to the Muslim immigrant bans. The Center was proud to cosponsor the CLE with the North Carolina chapter of the National Lawyers Guild and Project South.


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Posted by Brent J. Ducharme on Mon. April 17, 2017 4:19 PM
Categories: General, Professional Development

Recap: "Justice for All" Benefit Concert at the Haw River Ballroom

Naeema Muhammad, co-director of the North Carolina Environmental Justice Network.
Naeema Muhammad, co-director of the North Carolina Environmental Justice Network, speaks about her experience working alongside the UNC Center for Civil Rights.

On Sunday, April 9th, the UNC Center for Civil Rights gathered with friends and colleagues for "Justice for All," a benefit concert hosted at the Haw River Ballroom in Saxapahaw, NC.  Non-profit community outreach network Mighty Neighborly organized the concert in response to the UNC Board of Governors' ongoing effort to prohibit the Center for Civil Rights from engaging in any direct representation or advocacy on behalf of individuals, families or communities. 

Justice for All performers included Keny Roby, I Was Totally Destroying It, shirlette ammons, The Backsliders, Elizabeth Haddix and the Gurley Flynns, Pre-Raphaelites, Happy Abandon, Laurelyn Dossett, Molly McGinn, and Alice Gerrard.

Between musical performances, a number of speakers shared their support for the Center for Civil Rights.  Speakers included Senator Floyd McKissick, Senator Angela Bryant, Representative Graig Meyer, Professor Gene Nichol, North Carolina Environmental Justice Network co-director Naeema Muhammad, and the Center's managing attorney, Mark Dorosin.

Center staff thank the concert's performers, speakers, and organizers, as well as all who attended, for their support.  Photos from the event are below.


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Posted by Brent J. Ducharme on Wed. April 12, 2017 10:24 AM
Categories: General, Law Students

State of Exclusion: Profile on Orange County

Orange-Cover

Following the 2013 State of Exclusion report, the UNC Center for Civil Rights released a series of county profiles, containing a more in-depth examination of exclusion and the legacy of racial segregation in the individual counties. The fifth in the series, Orange County, is released today. This report, the other county reports, and the statewide report, are all available at www.uncinclusionproject.org.

Nestled in the Raleigh-Durham metropolitan area, Orange County boasts three prosperous towns, a low unemployment rate and the University of North Carolina at Chapel Hill. Behind this prosperity lies a sharp divide between rich and poor, often along racial lines. As the county has grown, the cost of living has increased and the African American population has declined. The result is outward migration from traditional African American neighborhoods and the county as a whole.

The county’s remaining non-white population disproportionately live in areas with close proximity to solid waste or other potentially polluting facilities. Compared to other wealthy counties or to the state, Orange County has a smaller exposure rate to solid waste facilities for its overall population (3.20% compared to 5.34% statewide), but a higher rate for super majority non-white census blocks (16.72% compared to 9.37%). Additionally, racially identifiable excluded communities still have difficulty obtaining the infrastructure to supply water and sewer access. The County has been working with the cities to address this issue, but it is a slow process.


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Posted by Brent J. Ducharme on Thu. March 9, 2017 4:14 PM
Categories: Community Inclusion, Education, Environmental Justice, Orange County, Race Discrimination

EPA: "Deep Concern" Over Discriminatory Impacts of Industrial Hog Operations in North Carolina

On January 12th, the U.S. Environmental Protection Agency (EPA) sent the North Carolina Department of Environmental Quality (DEQ) a letter expressing “deep concern” that the State has failed to adequately regulate more than 2,220 industrial hog operations concentrated in eastern North Carolina.  The News and Observer first reported on EPA's letter to DEQ Wednesday afternoon.

EPA’s “Letter of Concern” was sent to DEQ as part an ongoing investigation into a federal civil rights complaint filed in September 2014 by the North Carolina Environmental Justice Network (NCEJN), the Rural Empowerment Association for Community Help (REACH), and Waterkeeper Alliance, Inc., under Title VI of the Civil Rights Act of 1964.  Current state law allows industrial hog operations to store swine waste in open-air pits, called “lagoons,” before spraying the feces and urine onto fields.  In North Carolina, African American, Latino, and Native American residents are disproportionately more likely to live in close proximity to these industrial facilities and be forced to contend with the impacts of these outdated waste management practices.

In October 2016, community members from eastern North Carolina travelled to Washington, D.C. and urged EPA officials to visit the region to experience firsthand the impacts that industrial hog operations have on communities of color.  EPA’s twelve-page letter to DEQ comes two months after agency officials completed their trip to eastern North Carolina and gathered testimony from more than 80 residents living near industrial swine facilities.

EPA’s letter advises DEQ to take immediate steps to address the discriminatory impacts of the State’s failure to adequately regulate these industrial hog operations.  The letter notes that available, alternative waste management technologies would reduce pollution and odor caused by the current use of lagoon and sprayfield systems.  EPA officials also express “grave concern” over the hostility and intimidation that community members who have brought complaints to DEQ have subsequently faced from representatives of the pork industry.


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Posted by Brent J. Ducharme on Thu. January 19, 2017 10:15 AM
Categories: Environmental Justice, Race Discrimination

Walnut Tree Community Denied Annexation by Walnut Cove Town Commissioners

On Tuesday, January 10th, the Walnut Cove Town Board of Commissioners denied an annexation petition filed by residents of Walnut Tree, a predominantly African American community adjacent to the majority white town in southeastern Stokes County.  The town board denied Walnut Tree’s petition by a 3-2 vote, with the board’s three white members voting against annexation.

Walnut Tree residents filed their petition under North Carolina’s voluntary annexation statute, which was amended by the General Assembly in 2011 to provide historically excluded, low-wealth communities with greater opportunity to seek annexation into neighboring municipalities.  These excluded communities, where a majority of residents are often African American, are unable to vote in municipal elections and frequently lack equal access to water and sewer, emergency services, and other municipal services.

The Walnut Tree subdivision was developed in the early 1970’s, with mortgages offered by the Farmers Home Administration (FmHA) as part of an effort to encourage rural economic development and African American homeownership in the South.  Many of Walnut Tree’s first homeowners previously lived in rental housing within Walnut Cove’s town limits, and moved into their new homes with the understanding that they would soon be included in the municipality.  However, the Walnut Cove town board has denied multiple annexation petitions filed by Walnut Tree residents since the 1990’s.  Meanwhile, the town has annexed several predominantly white areas in the past twenty-five years.

The above map shows the town of Walnut Cove
The above map shows the town of Walnut Cove's municipal boundaries as of the 1990, 2000, and 2010 Censuses. The map also includes racial demographic data.

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Posted by Brent J. Ducharme on Wed. January 18, 2017 5:33 PM
Categories: Annexation, Race Discrimination

The Missing Racial Context of "Energizing East": The Persistence of School Segregation in Duplin County

On December 8th, EdNC posted an article titled “Wallace Elementary: Growing greatness in Duplin County.”  The article is the second in EdNC’s Energizing East series, which highlights STEM education practices in counties across eastern North Carolina.  While teachers and administrators are engaged in important work to advance STEM education across the region, it is a disservice to the students, families, teachers, and administrators in those counties featured in this series to focus on these schools without providing the context of racial and economic segregation that exists in these districts.  It is even a greater disservice to ignore the fact that this persistent segregation is the direct result of decisions by local school boards, and undermines the educational outcomes these innovative programs are designed to improve.

There is no doubt that EdNC’s description of Wallace Elementary as a “hive of activity” is correct.  However, while the buzz in and around the school’s STEM lab is a testament to the commitment of teachers and administrators, they are working in the shadow of a “Schools Facility Plan” adopted by the Duplin County Board of Education in 2014 that exemplifies the school district’s decades-long refusal to address the racial segregation its own policies have created and maintained.


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Posted by Brent J. Ducharme on Wed. January 4, 2017 4:26 PM
Categories: Education, Segregation

Community Organizations File for Administrative Hearing on DEQ's Unanswered Citizen Complaints

On December 6, 2016, the North Carolina Environmental Justice Network (NCEJN), Waterkeeper Alliance, Inc., and Cape Fear River Watch (CFRW) filed a Petition for a Contested Case Hearing with the North Carolina Office of Administrative Hearings.  The groups' petition alleges the North Carolina Department of Environmental Quality (DEQ) has continually failed to respond to credible citizen complaints of illegal activity at industrial hog operations.

NCEJN, Waterkeeper Alliance, and CFRW issued a joint press release after the petition was filed, highlighting the concentration of industrial hog operations in eastern North Carolina and the impact these facilities have on communities of color.  "African American, Latino, and Native American communities disproportionately bear the burden of living near industrial hog operations in Eastern North Carolina. NCDEQ has ignored our continued requests for adequate regulation and monitoring of this industry for years. Their continued failure to investigate complaints filed by members of NCEJN and other impacted community members adds insult to injury for people living with the stench and water contamination caused by swine CAFOs," said NCEJN co-director, Naeema Muhammad.


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Posted by Brent J. Ducharme on Wed. December 7, 2016 12:36 PM
Categories: Environmental Justice, Race Discrimination

A Sound Basic Education—Exhibit 1: Student Access to Certified, Well-Trained Teachers in Wayne County Public Schools

The above graph tracks educational outcomes and the use of substitute teachers in Wayne County Public Schools
The above graph tracks educational outcomes and the use of substitute teachers in Wayne County Public Schools' nine middle schools during the 2015-16 school year.

Almost 20 years ago, the North Carolina Supreme Court held in the landmark case of Leandro v. State that every child in our state has a constitutional right to “the opportunity for a sound basic education.” In defining a sound basic education, the Court looked at the educational resources that school districts make available to their students, including access to effective teachers. In the follow-up Leandro II decision, the Court re-emphasized the importance of quality teachers, holding that a sound basic education calls for “every classroom [to] be staffed with a competent, certified, well-trained teacher.”

Student access to certified, well-trained teachers often differs dramatically from school to school however—and far too often depends upon a school’s racial composition. In concluding that racially segregated schools “may fail to provide the full panoply of benefits that K-12 schools can offer,” the U.S. Department of Education’s Guidance on the Voluntary Use of Race to Achieve Diversity and Avoid Racial Isolation in Elementary and Secondary Schools specifically highlighted that segregated schools struggle to attract effective teachers and often have higher teacher turnover rates.

In the Wayne County Public Schools (WCPS) Central (Goldsboro High) attendance area, the connection between segregation and access to certified, well-trained teachers, is readily apparent. Wayne County serves an overall student population that is 34.9% African American. However, African American students represent between 87.5% and 92.6% of students in all Goldsboro area schools. During the 2014-15 school year, teachers with three years or less of experience accounted for 33.3% of teachers at Goldsboro High and 42.5% of teachers at Dillard Middle, the second- and third-highest percentages of such inexperienced teachers across WCPS. That same year, Central Attendance area schools accounted for three of the four highest teacher turnover rates in the district.


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Posted by Brent J. Ducharme on Thu. November 17, 2016 1:32 PM
Categories: Education, Leandro, Segregation

UNC Center for Civil Rights to Host Statewide Election Protection Hotline

Election Protection

On Election Day, Tuesday, November 8, the UNC School of Law will host a toll-free, non-partisan Election Protection hotline to answer voter questions from across North Carolina. Election Protection is a nationwide voter advocacy effort led by the Lawyers’ Committee for Civil Rights Under the Law. Voters can contact the Election Protection hotline at 1.866.OUR.VOTE (1.866.687.8683) or 1.888.VE.Y.VOTA (1.888.839.8682) to report any problems they experience or witness at the polls, verify their registration status, or find their polling location.

The UNC Center for Civil Rights has hosted Election Protection’s North Carolina Election Day hotline since 2004. The North Carolina hotline is the only Election Protection call center that is staffed by law student volunteers. This year, over 80 law students have volunteered to staff the call center and field voter questions from individuals across the state. Lawyers and experts from the UNC Center for Civil Rights, Democracy NC, and the Southern Coalition for Social Justice will be present to assist student volunteers with calls and any needed follow-up. Because of potential voter misinformation and confusion related to the recent litigation and judicial rulings regarding North Carolina’s controversial 2013 election law, and with the state in play as a crucial toss-up in the presidential election, call volume at the hotline is expected to be very heavy.

The Election Protection hotline is open now for early voting, and will remain active through the closing of the polls on Election Day.


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Posted by Brent J. Ducharme on Thu. November 3, 2016 4:33 PM
Categories: Voting Rights

North Carolina Environmental Justice Network's 18th Annual Environmental Justice Summit

On October 21-22, environmental justice advocates, scientists and impacted community members from across the state gathered at the historic Franklinton Center at Bricks in Whitakers, NC for the North Carolina Environmental Justice Network’s (NCEJN) 18th annual Environmental Justice Summit. There were research presentations on lead poisoning prevention, coal ash and its impact on low-income communities, and anti-biotic resistant bacteria from industrial hog operations. A Government Listening Panel held on Friday afternoon was not attended by any representatives from NC’s Department of Environmental Quality. However, community members were able to directly plead with the EPA to enforce civil rights protections because Cynthia Peurifoy from EPA’s Region IV office in Atlanta, GA was on the panel. Friday evening featured a play based on oral histories collected from residents of West Badin, NC, “Race and Waste in an Aluminum Town,” documenting the disastrous human cost of working in and living near the Alcoa plant which officially closed in 2010. Members of the Concerned Citizens of the West Badin Community spoke after the play. The Center and its clients received special recognition on Saturday when the Rural Empowerment Association for Community Help (REACH) received NCEJN’s Community Resilience Award, and Center Staff Attorney Elizabeth Haddix received the Steve Wing International Environmental Justice Award.
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Posted by Brent J. Ducharme on Tue. October 25, 2016 9:10 AM
Categories: Environmental Justice, Race Discrimination
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