Category Archives: law

Women’s March on Portland

“No country can preserve its political liberties unless its rulers know that their people preserve the spirit of resistance.”
Thomas Jefferson

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“I inherited the instinct as a true-born American bred to the worship of both machinery and money; an appreciation of its force I acquired during a lifetime of reading newspaper reports of political uprisings in the provinces of the bourgeois world state—in China, Israel, and Greece in the 1940s; in the 1950s those in Hungary, Cuba, Guatemala, Algeria, Egypt, Bolivia, and Iran; in the 1960s in Vietnam, France, America, Ethiopia, and the Congo; in the 1970s and 1980s in El Salvador, Poland, Nicaragua, Kenya, Argentina, Chile, Indonesia, Czechoslovakia, Turkey, Jordan, Cambodia, again in Iran; over the last twenty-four years in Russia, Venezuela, Lebanon, Croatia, Bosnia, Libya, Tunisia, Syria, Ukraine, Iraq, Somalia, South Africa, Romania, Sudan, again in Algeria and Egypt…

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“…the plot line tends to repeat itself—first the new flag on the roof of the palace, rapturous crowds in the streets waving banners; then searches, requisitions, massacres, severed heads raised on pikes; soon afterward the transfer of power from one police force to another police force, the latter more repressive than the former (darker uniforms, heavier motorcycles) because more frightened of the social and economic upheavals they can neither foresee nor control.”

Lewis Lapham

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“Poverty gives rise to the desire for change, the desire for action, and the desire for revolution. On a blank sheet of paper free from any mark, the freshest and most beautiful characters can be written, the freshest and most beautiful pictures can be painted.”
Chairman Mao Zedong

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“Who has time to think or care about political change when it’s more than enough trouble to save oneself from drowning in the flood of technological change?”
-L. Lapham

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“One magic word today seems capable of compensating for all sufferings, resolving all anxieties, avenging the past, curing present ills, summing up all future possibilities: that word is revolution…This word has aroused such pure acts of devotion, has repeatedly caused such generous blood to be shed, has constituted for so many unfortunates the only source of courage for living, that it is almost a sacrilege to investigate it; all this, however, does not prevent it from possibly being meaningless.”
Albert Camus

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“The Civil Rights movement and later the anti–Vietnam War protests were reformative, not revolutionary, the expression of democratic objection and dissent in accord with the thinking of Jefferson, also with President John F. Kennedy’s having said in his 1961 inaugural address, Ask not what your country can do for you—ask what you can do for your country

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“The fantastic fears of violent revolt awakened by a news media in search of a profit stimulated the demand for repressive surveillance and heavy law enforcement that over the last fifty years has blossomed into one of the richest and most innovative of the nation’s growth industries. For our own good, of course, and without forgoing our constitutional right to shop…

 

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“The television camera…isn’t much interested in political reform (slow, tedious, and unphotogenic) and so, even in the first years of protest [in the 1960s], the news media presented the trouble running around loose in the streets as a[n armed, violent] revolution…

 

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“The medium is the message, and because the camera sees but doesn’t think, it substitutes the personal for the impersonal; whether in Hollywood restaurants or Washington committee rooms, the actor takes precedence over the act. What is wanted is a flow of emotion, not a train of thought, a vocabulary of images better suited to the selling of a product than to the expression of an idea.”
-Lewis Lapham

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“No attempt at revolt could ever hope to set up even a minimum of resonance in the rest of society, because that society is ‘soporific,’ submerged in a consumer rat race…Even if revolt were possible, however, it would remain the solitary gesture of a few isolated individuals, and they would be opposed not only by a gigantic apparatus of national (and supranational) power, but also by the very society in whose name they were mounting their revolt in the first place.”

Václav Havel, poet, playwright,  former president of Czech Republic

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“Governments are not overthrown by the poor, who have no power, but by the rich—when they are insulted by their inferiors and cannot obtain justice.”

-Dionysius of Halicarnassus, 20 BC

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Planning Portland’s Puberty

Portland’s housing crisis is now making bigger national headlines than our food carts, craft breweries, and water combined (well, maybe not water).  Apartment costs have become astronomical. House prices have increased %^&#ing exponentially (if that’s not an accurate figure, ask local would-be homebuyers). For too many, it’s very difficult to live in Portland right now. The reasons are vast, and would boil down, unsurprisingly, to more than just a TV show. The question is, what to do about it?

To answer the question, we’ll talk about the housing crisis, the plans the city is implementing to fix it, and what you and I can do to contribute to Portland’s continued transformation. 

Last Wednesday evening, multiple speakers offered opinions and action plans at an event called Let’s Do More Than Talk: Housing, Land Use, and Affordability in Portland, including Portland Tenants United’s Margot Black, Anita Yap, historian Nick Sauvie, urban designer Nolan Lienhart, and Jes Larson, director of the Welcome Home coalition, which is comprised of more than 130 organizations working toward “housing justice,” an umbrella term for the idea that every person has a right to four walls and a roof of their own. Among their goals was to rectify Portland’s housing predicament with ideas for the Comprehensive Plan, a 20-year plan that “sets the framework for the physical development of the city.”

The “Comp Plan,” addresses, amongst many other things, the glaring issue that residential development is limited by strict zoning laws, which limit the types of structures one can build on a lot. The overwhelming majority of the city is zoned for single-family houses, which means that if someone buys a patch of dirt, there’s really only one choice as to what to build.

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Density and infill are incredibly important to Portland.

Given the current zoning laws, Portland is designed for anything but infill. In a way, the city design keeps as many people out as possible, which drives up housing costs, plummets vacancy rates, and forces those who can’t keep up with rising rents, essentially, to fuck off. This doesn’t bode well for a city famous for its kindness.

In February 2016, Oregon passed its first inclusionary zoning laws, versions of which have been enacted in hundreds of communities across the country for years. Before that, not only did the state not require developers to allocate a certain percentage of new developments to affordable housing, but they were banned from doing so. 

How does this apply to you and I? 

If one hundred eighty condos are built on a block, and they’re all priced at inflated market value, people who inhabit those condos must earn 60-70% more than the rent. Do this over and over and over, and suddenly Portland becomes San Francisco, where it’s not uncommon to pay more than $4000 a month for a one bedroom apartment.

What about those who can’t afford that–where do we go? Gresham? The streets?

A woman in my breakout group, which discussed the future of Portland’s Mixed Use zones, warned against placing “too many regulations” on developers, lest the developer, given the choice to develop a condo building in Portland or Dallas, choose Dallas because they might make an extra few dozen grand.

On the other hand, development should be held to some standard of beauty, or at least an aesthetic complementary to life in the area. Simply put, people take better care of their neighborhoods when they are built with people in mind.

A man demanded that developers  just build housing fast and cheap. He was quick to say that it doesn’t matter what else inhabits the neighborhood, as long as people get indoors.

“We don’t need more organic grocers,” he said. “We need affordable housing.”

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Part of what makes Portland cool is that people do things here that they couldn’t or wouldn’t do elsewhere. You can’t open up a mediocre restaurant on the East Side inside Tabor, and expect it to succeed. Portland endeavors require intention, quality, perhaps even, if quirk still exists, quirk.

To be clear, inclusivity of the poor in gentrified areas and the preservation of culture are not mutually exclusive: indeed, they are the same. It was low-income-earning people and artists that created cultural conditions conducive to Portland, San Francisco, Austin, Williamsburg in Brooklyn, and countless other places becoming gentrified.

I believe that it is incumbent upon the developers, as with urban planners, to focus above and beyond the paycheck to the greater contribution they could make toward what Portland is becoming.

Organizations like Portland Forward and Portland For Everyone, which co-sponsored the Let’s Do More Than Talk mini-conference, are working to craft an inclusive urban design that achieves this.

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Notably, many speakers agreed on one thing: the voices of the people matter to the people making decisions about Portland’s future: the City Council

The Council may hold terribly inconvenient meetings, but word has it that they actually listen to those who show up and testify.

I’m going to attend their next meeting on 9 June, when the Council will review the reasons they’re going to accept and approve the new Comp Plan.

City Council to Accept Findings and Revised Ordinances

Council Chambers 1221 SW 4th Ave

Thursday, June 9 2016, 3:00 PM to 4:00 PM

I’d like to understand the reasons behind many of the changes that Portland will undergo in the next two decades, especially with regards to housing. If you find yourself in the midst of complaining or even conversing about the plight of Portland’s rapidly shifting landscape and housing situation, please come with me. Maybe there we can figure out a way to stay here through the madness. 

a portrait of the politico as a young man

The organizers told him that he had only a minute and a half to speak.

Gregory McKelvey had urgent things to say to the thousand or more Bernie Sanders supporters (and protestors), who had endured a dozen speakers already, and time was running short: the presidential candidate was to give a telecast in less than an hour, and the rally had run over time.

As McKelvey approached the stage, the organizer said, just get up there and say something short. Others were waiting to give their own speeches.

“My time is probably already half over,” McKelvey said to the crowd, practically shouting as he introduced himself as a 22-year-old law student at Lewis & Clark—“so I’ll get started…I’m sure that my being black was a factor in why I was asked to speak here today.”

On that rainy afternoon in Portland, the whitest, most liberal, fastest growing city in the union, there was no time for pandering or pretend. McKelvey acknowledged the incredible amount of privilege it took for him just to get to the stage: his amplified voice alone was a life accomplishment in and of itself, one he knew none of his close-knit childhood friends would ever be granted. He said so to the predominately white crowd that had, one speaker before, chanted “Black Lives Matter” again and again, with excessive gusto.

Last summer, McKelvey, along with a group of leaders in the community that believes black lives matter, sat down with Senator Sanders at the Moda Center to talk about why the candidate’s campaign didn’t seem to be reaching certain demographics.

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Gregory McKelvey

“So many people around the country are not being listened to,” they told Sanders. “Before you speak in cities, sit and talk with groups like ours. Listen to what they’re dealing with, and specifically mention these things on stage,” they suggested.

Don’t tiptoe the political line, they said. These are life and death situations we’re dealing with.

Sanders didn’t speak much during their conversation.

“In every city he’s been to since then,” McKelvey says, “Bernie has done that.”

Despite his support for the Vermont senator, McKelvey isn’t dependent on Sanders’ election for progress on solving local problems. Unreasonable arrests and homeless sweeps are happening now, he says.

“Regardless of whether he’s elected, Bernie Sanders’ platform is so important because he continues these conversations.”

Many of the community matters McKelvey addresses involve privilege (police issues are his main focus), and he doesn’t seem cocky about his own. The things he’s been able to do – meet with Senator Sanders; visit remote villages in the Congo and Mexico; speak at the rally on Saturday – “have nothing to do with my own talents,” he says, “rather the positions I’ve been lucky to be in.”

He says that it’s important for him to use that platform that he has “neither earned, or deserves” to give voice to the people who have earned it or deserve it “as much or more” than him. (He says he felt bad about the length of his speech, especially after seeing the disappointment in the eyes of a man who didn’t get to speak because McKelvey went over his allotted time.)

Walking the Talk

“Portland is very liberal, McKelvey says, “but I don’t want people to become content with the virtue of their values. The values are worthless if you don’t actually progress.”

To really progress, he says, Portland has to come to terms with two things:

1) People are going to continue to come here.

“We have to find a way to deal with that, and build an infrastructure that supports it.”

2) Just because we’re a liberal place, we have to understand that those values may not work for everybody.

What struck me about McKelvey’s speech was not just his proclamation of privilege, his ceaseless energy, or the fact that by the end of his eight-minute speech, his voice was shot – it was that, for a first year law student, he spoke with as much vulnerability and perspective on community and political issues as the entirety of the presidential candidacy, including Bernie Sanders.

“I am terrified of the people who are supposed to serve and protect me,” he said. It’s a common story.

The struggle of the young black man is the most poignant underdog material in America today. It is reason enough to rise against the wall of willful conservative ignorance currently being washed with the worst of American values: racism, bigotry, xenophobia, exploitation — values whose common denominator rests in the division between people: whether the physical differences between you and I are real, the effects are real, which validates the differences. He who draws the line between us bears the power.

But McKelvey doesn’t hold contempt for the other side.

“All I listen to is Fox News and right-wing talk radio,” he says.

When he first started paying attention to conservative politics, he hated them, just wanted to know what “these people” were up to.

It didn’t take long for him to realize, “Conservatives are good people. They’re just wrong.”

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The common perception that Portland is home to a disproportionate number of liberals was dismantled by The Economist in 2014. Things may have changed since Bernie Sanders took up touring as a temporary profession; still, nearly 30% of Portland residents are registered Republicans. (The highest percentage of voters are, in fact, independent or unaffiliated.)

Portland bears classic marks of a liberal city, McKelvey says, but they’re not all good.

He tells the story of the Northeast church in which he grew up, near MLK and Shaver. Once a conservative community of roughly 90% blacks, the pastor held the common Christian belief of anti-gay marriage. As the city changed, the church’s demographics changed. Eventually, the new parishioners, now a 75% white congregation, “ran the pastor out of town” because he held fast to his beliefs.

“The new people came into the church and weren’t tolerant of the church,” McKelvey says. “It was really awkward.”

“Because they felt they were on the right side of things politically,” he says, “they didn’t take the time to listen to the effects of what happens when they move into a city like this.”

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In other words, being liberal is not enough. Portland Police Bureau still arrests a disproportionate number of black people. Their gang enforcement unit, according to McKelvey, is known on the street as the “Patrol the Blacks” unit.

“For example,” McKelvey says, “some people say, racism exists, but I’m colorblind.

“Well, it’s so much easier for you to be colorblind if racism doesn’t affect you. Some people have to be afraid of the police all the time, so we don’t get to be colorblind.”

McKelvey is the first to say that he does not have all the answers as to how we’re going to bridge the divide between the police and the black community. He says that it’s vitally important for people on every side to listen to each other.

“I want to facilitate that discussion,” he says. “I want to make people listen.”

Zooming Out

In a city with so many resources for the homeless, sweeps are happening more and more frequently, pushing the fringe population away from the city center, into parks and quasi-public/unused private spaces in neighborhoods unaccustomed to seeing them daily.

It’s not like these people often get a voice. Mainstream media tends to put words in the mouths of protesters and the homeless. One might see in a headline, Black Lives Matters/Occupy/whatever protesters filled the streets today, but one does not often see a fairly-conducted interview with a homeless person in a front-page story about the effects of gentrification.

On a local, national, and international scale, we’re dealing with a lot of scary and uncomfortable change right now. McKelvey, like the rest of us, whether we admit it, is afraid that the world we hand to our children and grandchildren will continue to be habitable for theirs.

The simplicity of a conservative vs. liberal system no longer applies in the United States. The solutions to our problems, though easy to put into words, require complex systems of consideration, kindness, and trust in people and ideologies we may not completely understand. Bernie Sanders’ democratic socialism would require a shift in consciousness, as we are experiencing with Portland’s population and culture shifts.

Every time Donald Trump opens his mouth, or an Oregonian shows animosity toward a transplant from California, we all experience the effects of regressive hate and division between people along lines that exist only because we have been told to believe in them.

New Portland is a reflection of New America. As humans, we change as we process new information. When we found magic was actually science, we changed. Economy and democracy are systems of change. As a society, we’re at a crossroads. If we go one way, we will grow, and life will become better and easier. If we go the other way, we will be like an engine run ever harder, its governor (the device on a vehicle that keeps the engine from running so hard that it blows up) removed by a business-run government, until we rip ourselves apart.

Gregory McKelvey represents so much more than he thinks. The only black student in his law classes at Lewis & Clark, he endures archaic conversations on the legitimacy of affirmative action and circular debates on the existence of racism.

“I’m the only one in class, so it’s like the faculty and other students are saying, yeah, you shouldn’t actually be here.”

It’s disappointing, he says. He’s able to dismiss Supreme Court Justice Scalia’s racist comments, but knows that many don’t, or can’t.

Just before we parted, McKelvey and I talked excitedly about how the quality of hip hop is found in its temporal, ever-changing landscape.

“Have you heard the new Dre?” he asks with a smile.

My hope is that soon, McKelvey is able to spend less of his energy dismissing systemic racism, and more of it packing punches into every ninety-second spot he’s given to speak for his generation.