Tuesday, September 17, 2013

"We Used Our Natural Voices": Occupy Protesters Use Woody Guthrie 100th Birthday Sing-a-Long to Shut Down City's Most Bailed Out Bank



"We did not ask or need a stage or even a microphone, we used our natural voices and feet to carry Woody’s spirit right out on the street and brought his songs back to his kind of people"

After Woody Guthrie hitchhiked cross country in 1940,
 he landed in a New York City, in a "little boarding house on 43rd Street and Sixth Avenue," and according to his daughter Nora. While busking in front of the sailor bars by the docks, and living in that cheap flophouse, Woody would quickly pen many songs, including "This Land is Your Land," about the sights he'd seen hitchhiking East. As Guthrie biographer Will Kaufman puts it, "[Woody] had just come from the Dust Bowl. He’d just come from the barbed-wire gates of California’s Eden there. He’d seen the Hoovervilles. He’d seen the bread lines. He’d seen labor activists getting their head busted." Today that boarding house Woody wrote his most famous song in has been torn down and Nora Guthrie says. "What stands on that corner? Bank of America's headquarters." Little folks singing and struggling together in an economic crisis against powerful financial institutions would become a central motif of Guthrie's music, just as foreclosure defense would become a central motifs of unemployed workers movements of Guthrie's time. The much ballyhooed train hopping Guthrie mystique was commemorated internationally on the centenary of Woodrow Wilson Guthrie's birth, July 14th, 2012. Perhaps nowhere though was Woody celebrated quite like Burlington, Vermont.
Marching, "from the food shelf to the bailed out bank," as Credit Union historian and Occupy Vermont member Matt Cropp explained, represented "the sort of connecting the dots between the suffering of the poor and the excesses of the powerful that was integral to Woody's work." They gathered on the scrappy asphalt at the corner of North Union and North Winooski Avenue where a lengthy foodshelf breadline congregates: a tuba player in a red jump suit, a Grammy nominated banjo player who studied with Pete Seegar, a man in a wheelchair with an electric guitar, a veteran, Vermont's former leading political journalist, a doo-wop singer, a woman in a Sunday Church hat, a trumpeter, a train car worth of IWW members, anarchists, and Occupiers, and perhaps enough guitars and banjos to ignite a second American folk revival. 
Industrial Workers of the World member and veteran John MacLean said, "From the beginning everything was grand. Rik Palieri, and the musicians, helped us greatly in getting the tunes right. There were people in wheel chairs there and youngsters with their fathers, as well. I lead the march, because I was holding a "Happy Birthday Woody Guthrie" piece of cardboard, and everyone went to the street even though I started on the sidewalk. I was so happy at that collective choice. I've seen similar street marches and pickets get attacked by police, but in Burlington it went off without a problem. Woody would approve, I'm sure."
Belting out the Woody Guthrie dust bowl anthem "Going Down the Road Feeling Bad," the birthday sing-along left the emergency food shelf, marching down one of Burlington's main North-South avenues, in true Guthrie style, absent permit or permission. "Public marches are a rituals which indirectly affirm community values," trumpeter Brian Perkins explained, "The ritual of taking the streets is an expression of the importance of our message. It is a way of asserting that our message is equally important as the unimpeded high speed passage of the drivers." As Cropp put it, "After practicing most of the songs in the [food shelf] parking lot, I felt a powerful sense of comradery with the people with whom I was marching. It was as if the experience of shared singing cemented our mutual trust, and it felt effortless to break the taboo of taking the street, an act which I've seen approached tentatively by marches ten times the size of ours. We exuded joy and confidence, and even the drivers inconvenienced by our march felt it and didn't seem to resent us terribly, many even smiled and waved." Guitarist James Billman agreed with Perkins assessment that Woody would approve saying, "Taking the street and the bank step without permits or permission is significant because it demonstrates that we don’t feel the need to respect laws that don’t serve us or promote the fulfillment of our collective needs." 

Faces transfigured by the spectacle dotted the sides of the impromptu parade route, waving from increasingly gentrified rental housing; jumping in for the choruses; and in several cases joined in on the march. Leaving the poor end of town, the sing-a-long spilled across Burlington's invisible line into the financial center of Vermont's largest city. Marching nearly the length of the Church Street Marketplace, which increasingly has criminalized poverty, the birthday folk singers hung a right turn by the upscale French restaurant which bought homeless folks one-way tickets out of town, before ending at the most bailed out bank in town. 


Building on a History of Struggle and Reclaimed Social Space

The 100th birthday sing-a-long revelers didn't randomly choose just any public space to reclaim, but rather one that fits into a history of local struggle. As Matt Cropp said, "The bank picket grew out of the Occupy Burlington community as an on-going, several day per week direct action campaign against the most bailed out bank in Burlington and the world. That bank had been the site of our initial speak-outs and the International Credit Union Day fliering last fall, so the space has some symbolic importance to the local movement," said Cropp. Indeed, the steps of the most bailed out bank in town  became a transformed social space last fall, as Vermonters one after another, after another, after another told their stories of struggling through the wreckage of America's Too Big to Fail Economy. Months later Cropp says "the Occupy Burlington General Assembly came to consensus to demand that Citizens Bank close its Burlington branch. Until it does so, we maintain pickets outside the doors Monday, Wednesday and Friday from 4-5pm and Saturday from 11am-noon, where we engage the bank's customers and encourage them to move their money to locally controlled cooperative credit unions credit unions." Citizens Bank, "has hired a private security guard who observes, and sometimes films our actions, as well as having hired a person to clean our chalk off of the sidewalk after our actions with a broom and watering can."

Behind the veneer of Vermont policy makers' soundbites of Vermont skating across surface of the nation's Wall Street created economic crisis, startling inequalities are growing.  81% of Vermonters can't afford the median priced Vermont home. A recent analysis by USA Today of the U.S. Census Bureaus American Community Survey shows Burlington’s middle class is "shrinking faster than almost anywhere else in the country"  According to alternative weekly Seven Days, "In June 2008, 23,000 households and 51,000 individuals received 3SquaresVT, formerly known as “food stamps.” By June 2010 those numbers had exploded to 43,000 and 86,000, respectively." The average Vermont one-bedroom apartment is 191 percent over minimum wage. The average two-bedroom Vermont apartment is 234 percent over minimum wage. Despite politicians claims of Vermont exceptionalism, University of New Hampshire's Carsey Institute reported in 2007 that Vermont ranked second among all the states in growth of income inequality for the 15 years before 2007. Meanwhile Sam Houston State University researchers found the wealthiest 1% of Vermonters saw their share of our income almost triple between 1970 and 2005

Cropp says the social movements are tired of waiting for politicians to respond, "The economic and political systems have demonstrated themselves to be so hopelessly intertwined, corrupt, and dysfunctional that it is no longer reasonable to hold out any hope of justice being delivered by the hegemonic political order. Instead, we as communities must push back directly against the nodes of oppressive and exploitative institutions that exist in our midst. Singularly, we can't topple them, but such institutions can only experience so many nodes going into crisis before they run out of resources to staunch the bleeding. The time for electoral politics to take the lead is past; only direct action will get us satisfaction."

A Deep Knowledge of Woody Guthrie 
"Woody Guthrie was an unusual man and musician," said Grammy nominated, mustachioed banjo player Rik Palieri, who honed his folkie chops with Pete Seegar and Utah Phillips. "While most balladeers of his time were content to sell records and try to make as much money as they could. Woody was trying to use his music to give the poor and downtrodden people a voice.  He did have a a few well paying radio shows back in the early 1940s but as soon as he was told what he could sing -and more importantly what he couldn’t- he left them behind. He is one of the true pioneers of what today we call the singer-songwriter, where instead of singing a song written by tin pan alley, he wrote and played his own songs and wandered around the back roads of America taking his music to the people. Our sing-a-long followed in Woody’s foot steps. We did not ask or need a stage or even a microphone, we used our natural voices and feet to carry Woody’s spirit right out on the street and brought his songs back to his kind of people." 

Alluding to Woody's ties to radical politics and the march's symbolism, MacLean waxes poetic like Steinbeck's Tom Joad. "Many lesser known IWW songs were about bread lines, and it's important to understand that these services mask and reveal how un-equal things have become in the US. The country has been looted by a bloated financial sector. And, as with climate change, the crisis lingers because our institutions have been so horribly corrupted. In Wisconsin, you see people fighting over recalling a governor, being played by characters from the two parties, and the robbery sits there as a backdrop. Yes, these are urgent times, requiring of a spiritual awakening, a whole other path."

Ariel Zevon, a Doo-Wop singer singer and organizer with Occupy Central Vermont, who drove up to Burlington for the sing-a-long said, "it is so important to honor Woody, not only on his 100th birthday, but everyday, [because] he was a truth teller in a world full of corruption and lies fueled by greed. That was the world he saw and lived in, and, sadly, it is the world we find ourselves still living in. So long as basic human justices, rights and freedoms are not being met in our societies, we should be carrying the torch for Woody and ourselves using his words and writing our own new verses to continue the fight.' 

"There were many events honoring Woody all across America but I am happy to say that the way we did  it, was a  way that Woody would have approved of," said Palieri.  You could see that the people hearing Woody’s music in such a natural way were both surprised and moved and many joined us,  while others just  sang a long from the other side of the street. For me, this event was done in the best way, not hitting someone over the head with a message, but getting them to enjoy themselves and then realizing that there really must be something to this event.  Hearing our music encouraged them to ask for more information. On the day of our rehearsal [a] young man asked In today’s world most of us are frustrated  with the way things are going and where we are heading. We look  to our leaders for help and direction but all we get is more slogans and rhetoric with no real action or change in site.  Having a positive event like the Woody Guthrie sing-a-long shows people that we are all in this together. Woodybelieved that you used your music as a tool or weapon against the dark forces of the earth. Right on his guitar he had a sticker ”This Machine Kills Fascists!” and he meant it! He used his guitar and voice to wake people up and tried to fix up this world to make it a better place for you and me. Yesterday we brought Woody’s spirit right back to the people and perhaps gave them something to think about."



"When dust storms are sailing, and crops they are failing, 
I'm a jolly banker, jolly banker am I." 

As the sing-a-long rounded the corner towards Citizens Bank, hundreds of farmers market goers jammed up up against the farmstands, and City Hall Park's sidewalk edge, to glimpse the cacophonous, old-timey musical phenomena coming down the street. Sing-a-long participant Anna Shireman-Grabowski said, "What I really took away from this action is the ability of music and performance to create an inviting spectacle and build community. I found the audience participation from the farmer's market goers to be very exciting, and simply invoking the historical presence of Woody raised the stakes and accessibility of the bank picket." To bridge audience and performers Occupy Burlington organizers photocopied many copies of songbooks, covering a small swath of the Guthrie cannon: Jolly Banker, Hard Travelin', Going Down the Road, Union Maid, Pastures of Plenty, So Long It’s Been Good to Know You and several more anthems of common folk banding together in a bank created economic crisis. (In true community organizer style each songbook souvenir contained days and times for upcoming bank pickets).  "I passed out 50 copies of the songbook probably in the first ten minutes," said Cropp. "People heard and came over from [the farmers market] across the street. It was really a powerful moment of music bringing people together in a public space, and really putting the pressure, we didn't do this in some neutral location we did this right up at Citizens Bank and they could hear it loud and clear. We had some signs going so people knew this wasn't simply a sing-a-long, but a political act." 

At one point a private security guard appeared on the scene and began filming, but after playful entreaties to join the sing-a-long, his stoney fasade cracked into a smile and then he quickly disappeared. "We actually had one rendition of Jolly Banker where we surrounded the door of the bank and serenaded the bank itself," said Cropp. "During the the final song we were singing This Land Is Your Land, some of the people in the group decided to take the steps of the bank a few minutes before it closed, and the bank closed a few minutes early. It's a small victory but a victory nonetheless." In trying to understand the songs and solidarity that made the action successful Cropp theorized, "It felt as if the power and trust the group had build over the course of singing together over the previous hour made it so people who might have never considered pushing the boundaries of the bank on their own all leaned a little in and supported the people on the steps with their voices when the bank tried to push back. I believe the collective power working for justice in that moment is about as close as we can come to channeling Woody's spirit." 

In this age of Libor and Too Big to Fail, what are international financial institutions in the final sense, but rapacious vampire squids draining the lifeblood of our communities, vital institutions, and families, no matter what the consequences. These are no longer the Jolly Bankers Guthrie lampooned, foreclosing on Tom Joad's family farm, rather this is the age of the financialization of everything, robo-signing foreclosure mills, and student debt suicidesJust as unemployed workers movements of the 1930's stormed City Council's and relief office demanding and winning food and housing; perhaps bailed out bank sing-a-longs will become a new means for people's voices to supplant those of powerful institutions as the economic crisis deepens in the US.  Not content to wait for the rest of the movement or the calendar, Matt Cropp and his fellow Occupiers are already planning their next sing-a-long. "Unfortunately Woody Guthrie's birthday isn't every weekend," Cropp says, "[W]e're trying to do more musical events, so this could become a trend. We're looking at other folk singers Utah Phillips, Phil Ochs to create a spectacle with trumpets and banjos and tubas and dozens of people singing in relative harmony."

Jonathan Leavitt is a community organizer and journalist, living and teaching college classes about social movements in Burlington, Vermont. He can be reached at jonathan.c.leavitt(at)gmail.com 

One Tiny State’s Movement to Ban Private Prisons

Behind the Profitable Private Prison Wall

One Tiny State’s Movement to Ban Private Prisons

by JONATHAN LEAVITT
Vermont, the most progressive state in America, spent over $14 million last year to lock up Vermonters in for-profit prisons like Lee Adjustment Center, located in Kentucky’s Daniel Boone National Forest. Private prisons like Correctional Corporation of America (CCA)’s Lee Adjustment Center offer no mental health, educational or rehabilitational services, but they do post massive corporate profits; CCA showed profits of $1.7 billion in 2011 alone. As best-selling author Michelle Alexander notes in her seminal book The New Jim Crow, more black men are under correctional control now than were enslaved in 1850. A recent New Yorker think piece noted more Americans are now incarcerated than there were imprisoned in Stalin’s gulags. Clearly a dialogue about the intersection of mass incarceration, budget crises, and privatization is unfolding. A group of Vermonters working out of Church basements and living rooms, is attempting to build a movement to push this conversation forward by passing a historic law banning Vermont’s use of for-profit prisons.
Behind the Profitable Private Prison Wall
According to southern Vermont’s Rutland Herald the number of prisoners in Vermont increased at “nearly five times the national average” between 2002 and 2003.  The number of teenagers and young adults in Vermont jails surged by more than 77 percent. A racialized “get tough on crime” ideology, mandatory minimums, and harsher sentencing guidelines from the failed war on drugs left then Republican Vermont Governor Jim Douglas at a moment of departure: build new prisons, or start shipping Vermonters incarcerated under these controversial policies into the deep south to be warehoused without even the “rehabilitative” programs found in Vermont prisons.
According to Prison Legal News’ Matthew Clarke, CCA doubled the population of Lee Adjustment Center in three months in 2004 with a massive influx of some of the first Vermont prisoners housed in private prisons. These conditions and what State Senator James Leddy called a “rogue warden” led to an uprising at Lee Adjustment Center involving 100 inmates. Kentucky’s Louisville Currier Journal and Vermont’sTimes Argus detailed how the rioters tore down fences, began “tearing apart” a wooden guard tower with a guard still inside, toppled the guard tower and fires “heavily damaged the administration building and guard shack.”
“The inmates literally had control of this place, the inner compound,” said Adam Corliss, an inmate from Springfield Vermont. A week and a half after the riot Montpelier,Vermont daily, The Times Argus, printed an excerpt of a Vermont inmates’ letter home to his finance detailing the uprising: “Inmates chasing guards with 2x4s breaking everything in sight…It was so hostile that the S.W.A.T. team of guards came in, launching tear gas, armed with shotguns.”
When the Assistant Warden summoned the 20-person response team only three responded. Clarke details the precipitating conditions: racial and regional prejudices, overcrowding, poor nutrition, and CCA’s warden undertaking, “a zero-tolerance disciplinary crackdown that gave guards the ability to discipline prisoners without proof of misconduct and even put them in solitary confinement for 60 days without disciplinary charges.” These conditions and the riot they produced happened in the first months of Vermont’s experiment with private prisons. Rather than serving as a cautionary tale about the hollowed out services privatization provides, policymakers have only increased the number of Vermonters housed in Lee Adjustment Center and other CCA prisons since.
The Moral Consequences of Privatization
“I could write a book about violations [against Vermonters in private prisons], says Frank Smith, of the Bluff City, Kansas based Private Correction Working Group. “I visited Beattyville after the Sept. 2004 riot and I have Open Records Act info on it. In Marion Adjustment Center (a CCA prison in St. Mary, Kentucky) there was sexual abuse by guards. CCA did very little to stop it or to help track down the offenders after they fled to avoid prosecution from MAC and the women’s prison -also known as, the “rape factory”- at Otter Creek, Kentucky.”
The same year of the Lee Adjustment Center uprising, The Vermont Guardian reported that Republican Governor Jim Douglas requested corporate bids for the health care for (what was then) 1,700 in-state prisoners. Douglas went with the lowest bidder, Prison Health Services, for $645 million over ten years, and Vermonters under their care started literally dying from inadequate care, including Ashley Ellis, a 23 year old woman serving a 30 day sentence.
Prison Health Services broke the contract, not due to concerns related to the deaths, but due to their projected profits never materializing.Prison Legal News editor Paul Wright was quoted by The Associated Press as saying Vermont “cannot contract out the public’s fundamental right to know how their tax dollars are being spent and the quality of services the public is getting for its money.”
Powerful Allies, Monolithic Opponents
According to a bombshell 2008 memo detailing the cost of Vermont’s for-profit prisons use, newly sworn in Vermont Auditor Doug Hoffer wrote, “Corrections Corporation of America (CCA) does not provide mental health services. […] CCA does not provide services related to sexual abuse, substance abuse, or violent offenders.” According to the memo there’s a laundry list of programing provided here in Vermont facilities which are conspicuously absent from the for-profit prisons. “DOC programs not available through CCA include the Cognitive Self Change program for violent offenders; the Intensive Domestic Abuse Program; Batterers Intervention Program; the Network Against Domestic Violence and Sexual Assault Programs; and the Discover Program for those with substance abuse problems.”
Suzi Wizowaty, a Democratic Vermont State Representative from Burlington and leads sponsor of H.28 which states “As of July 1, 2013, all Vermont inmates shall be incarcerated in correctional facilities that are owned and operated by the federal, state, or local government (‘public’).“ In explaining her bill, Wizowaty makes the case that in this time of austerity Vermonters want to use these public dollars responsibly.  This means using public oversight. “The idea that private prisons save money is illusory and has been debunked, the most optimistic studies show that they are at the are a wash in spending, because there are higher rates of recidivism, less job training, therapy and programming. All we are doing is putting profits in the pockets in the prison corporations.”
Another elite schism which lends credence to Vermont’s anti-privatization effort comes from an unlikely place. Florida Republican State Senator Mike Fasano led a successful effort to stop the privatization of 27 prisons, saying, “We have a 10 percent-plus unemployment rate in the state of Florida, and the last thing we should be doing is moving prisons that were paid for by the taxpayers into the hands of corporations, that would probably put many of these families out of work, who have mortgages to pay, homeowner’s insurance to pay, food on the table. This would be devastating to—not only to their families, but also to the community they live in.
One might assume, given these financial and moral arguments policy makers would be feel compelled to discontinue using private prisons, if only because risk adverse State governments typically dislike courting law suits. However, the prison corporations Wizowaty and Hoffer have critiqued are Wall Street monoliths. CCA sent a letter to 48 states, dangling hundreds of millions of dollars in front of the cash strapped, austerity budget minded Governors, if only those states will privatize their prisons for the next twenty years. And, oh yeah, one other tiny piece of fine print: the prisons must be kept at least 90% full for the duration of the contract. Seemingly this would create a contractual incentive for states to enact harsher sentencing guidelines and policing procedures. Meanwhile as bestselling author and legal scholar Glenn Greenwald writes, “Since there is no well-funded lobby advocating for penal reform or promoting the interests of prisoners, the prison lobby goes virtually unchallenged and can buy the ability to shape pertinent laws at bargain basement prices.”
The military refers to mission creep as “the expansion of a project or mission beyond its original goals.” Corporate prisons who only know how to maximize profits for shareholders have expanded their mission to incarcerating 50% of immigrants detained in the US. Perhaps unsurprisingly the number of immigrants detained has exploded during the same period. Which begs the question: to what degree can a $1.7 billion per year prison corporation like CCA shape public policy? As a December 2008 Boston Phoenix article details: “[private prisons] regularly lobby against criminal punishment reforms, and for the creation of new criminal statues and overly harsh prison sentences. While these efforts are cloaked as calls for public safety, they are essentially creating more business for themselves [...] CCA spent more than $2.7 million from 2006 through September 2008 on lobbying for stricter laws.”    Or, as CCA states in plainsong in its 2005 annual report: “Our growth is generally dependent upon our ability to obtain new contracts to develop and manage new corrections and detention facilities. This possible growth depends on a number of factors we cannot control, including crime rates and sentencing patterns in various jurisdictions and acceptance of privatization. The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction and sentencing practices or through decriminalization of certain activities that are currently proscribed by our criminal laws. For instance, any change with respect to drugs and controlled substances or illegal immigration could affect the number or persons arrested, convicted and sentenced, thereby potentially reducing demand for correctional facilities to house them.”
The Primacy of Movement Building
“It is absolutely essential that we raise the profile of this issue. We will not get anywhere without people calling their public officials.  We will not get anywhere without that kind of organizing,” says Wizowaty. With that in mind, in a Burlington church basement this Martin Luther King day weekend community organizers like Infinite Culcleasure began what they hope to be the first of many conversations about private prisons. “The grassroots component” says Culcleasure “is invaluable in overcoming the special interest and apathy that currently exists on this mass incarceration. With all of the competing crises for communities to manage, our greatest challenge in making this a watershed moment for prison reform is to make it a local issue, that is directly relevant in people’s everyday lives.” With a network of 145 churches statewide interested in hosting similar conversations, it seems the citizens of the tiny state of Vermont are poised to bring forward a very different vision than corporate mass incarceration.
That said, the CCA’s of the world are well-versed in utilizing their taxpayer-provided dollars to leverage Vermont’s political elite: they helped finance former-Governor Douglas’ Inaugural Ball and donate to influential State Senator’s re-elections. This is an industry which, as Glenn Greenwald notes in With Liberty and Justice for Some, has spent $3.3 million on state political parties and politicians in the 2002 and 2004 political cycles (according to a 2004 National Institute on Money In State Politics report.) Dick Sears, the influential Vermont State Senator who chairs the Senate Judiciary Committee that this bill will have to emerge from, has received more campaign donations from private prisons than any other policymaker in Vermont’s Statehouse. CCA’s annual reports assume that this rarified historical moment whereThe New Jim Crow is a bestseller; The House I Live In has won the Grand Jury Prize at Sundance, and Stop and Frisk has been declared unconstitutional won’t last forever. Certain social and political factors which prefigure a new social movement emerging are appearing.  These include a loss of legitimacy in former institutions and attitudes, elite schisms, and unifying motivations. The question is one of organizing to scale. As with making health care a human right, decommissioning a failing nuclear power plant, and getting drivers licenses for migrant workers, if the Green Mountain State is to lead the country forward on private prisons, it’s dependent on Vermonters making good on their aspirations to build a statewide movement which will compel the Dick Sears’ of the Statehouse to move this bill forward.
As the first of many Vermont church basement organizing conversations unfolds, high schooler’s hands are flashing in the air: “How is this moral?” “Why do corporations do this?” and in so many different ways “What can I do?” Infinite Culcleasure and Suzi Wizowaty have skillfully transfigured the church basement of teenagers into eager community organizers. Before the conversation reaches its midpoint the high schoolers are poised to bring this dialogue out into the larger community; to hold their elected officials accountable and draw Vermonters across the state together to share their stories and build a movement which can be a sufficient countervailing force to the influence of Wall Street’s private prisons. Afterwards, the interstitial space of the Church hallway is luminous with excitement; the Pastor offers Suzi and Infinite the opportunity for similar conversations about for-profit prisons in congregations around Vermont. Just down the corridor a new generation of organizers is sending so many social media appeals to shutter Lee Adjustment Center, shutter CCA and to shutter the private prison industry. Their prescient questions haunt me as I walk out into the snow: “How is this moral?” “Why do corporations do this?” and in so many different ways “What can I do?”
Jonathan Leavitt is a journalist, community organizer, and teaches college classes about social movements in Burlington, VT Email:jonathan.c.leavitt(at)gmail.com

Vermont: One Tiny State’s Movement to Ban Private Prisons

Vermont: One Tiny State’s Movement to Ban Private Prisons

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Vermont, the most progressive state in America, spent over $14 million last year to lock up Vermonters in for profit prison like Lee Adjustment Center, located in Kentucky’s Daniel Boone National Forest. Private prisons like Correctional Corporation of America (CCA)'s Lee Adjustment Center offer no mental health, educational or rehabilitational services, but they do post massive corporate profits; CCA posted $1.7 billion in 2011 revenue alone. As best-selling author Michelle Alexander notes in her seminal book The New Jim Crow, more black men are under correctional control now than were enslaved in 1850. A recent New Yorker piece noted more Americans are now incarcerated than there were imprisoned in Stalin’s gulags. Clearly a dialogue about mass incarceration, budget crises, and privatization is unfolding. A group of Vermonters working out of Church basements and living rooms is attempting to build a movement to push this conversation forward by passing a historic law banning Vermont’s use of for-profit prisons.
Behind the Profitable Private Prison Wall
Between 2002 and 2003, according to the Rutland Herald, the number of prisoners in Vermont increased at "nearly five times the national average." The number of teenagers and young adults in Vermont jails surged by more than 77 percent. A racialized "get tough on crime" ideology, mandatory minimums, and harsher sentencing guidelines from the failed war on drugs left then Republican Vermont Governor Jim Douglas at a moment of departure: build new prisons, or start shipping Vermonters incarcerated under these controversial policies into the deep south to be warehoused without even the “rehabilitative” programs found in Vermont prisons.
According to Prison Legal News’ Matthew Clarke, CCA doubled the population of Lee Adjustment Center in three months in 2004 with a massive influx of some of the first Vermont prisoners housed in private prisons. These conditions and what State Senator James Leddy called a "rogue warden" led to an uprising at Lee Adjustment Center involving 100 inmates. The Louisville Currier Journal and The Times Argus detailed how those involved in the riot tore down fences, began “tearing apart” a wooden guard tower with a guard still inside and toppled the guard tower. In addition, fires “heavily damaged the administration building and guard shack.”
"The inmates literally had control of this place, the inner compound," said Adam Corliss, an inmate from Springfield, Vermont. A week and a half after the riot, the Montpelier Vermont daily The Times Argus printed an excerpt of a Vermont inmate’s letter home to his fiancé detailing the uprising: “Inmates chasing guards with 2x4s breaking everything in sight…It was so hostile that the S.W.A.T. team of guards came in, launching tear gas, armed with shotguns.”
When the Assistant Warden summoned the 20-person response team only three responded. Clarke details the precipitating conditions: racial and regional prejudices, overcrowding, poor nutrition, and CCA’s warden undertaking, “a zero-tolerance disciplinary crackdown that gave guards the ability to discipline prisoners without proof of misconduct and even put them in solitary confinement for 60 days without disciplinary charges.”
These conditions and the riot they produced happened in the first months of Vermont’s experiment with private prisons. Rather than serving as a cautionary tale about the hollowed-out services privatization provides, policymakers have since only increased the number of Vermonters housed in Lee Adjustment Center and other CCA prisons.
The Moral Consequences of Privatization
“I could write a book about violations [against Vermonters in private prisons],” says Frank Smith, of the Bluff City, Kansas-based Private Correction Working Group. “I visited Beattyville after the September 2004 riot and I have Open Records Act info on it. In Marion Adjustment Center (a CCA prison in St. Mary, Kentucky) there was sexual abuse by guards. CCA did very little to stop it or to help track down the offenders after they fled to avoid prosecution from MAC and the women's prison -also known as, the ‘rape factory’ – at Otter Creek, Kentucky.”
The same year of the Lee Adjustment Center uprising, The Vermont Guardian reported that Republican Governor Jim Douglas requested corporate bids for the healthcare for (what was then) 1,700 in-state prisoners. Douglas went with the lowest bidder, Prison Health Services, for $645 million over ten years, and Vermonters under their care started literally dying from inadequate care, including Ashley Ellis, a 23 year old woman serving a 30 day sentence.
Prison Health Services broke the contract, not due to concerns related to the deaths, but due to their projected profits never materializing. Prison Legal News editor Paul Wright was quoted by The Associated Press as saying Vermont "cannot contract out the public's fundamental right to know how their tax dollars are being spent and the quality of services the pubic is getting for its money."
Powerful Allies, Monolithic Opponents
According to a bombshell 2008 memo detailing the cost of Vermont’s for-profit prisons use, newly sworn in Vermont Auditor Doug Hoffer wrote, “Corrections Corporation of America (CCA) does not provide mental health services. […] CCA does not provide services related to sexual abuse, substance abuse, or violent offenders.” According to the memo there’s a laundry list of programing provided here in Vermont facilities which are conspicuously absent at the for-profit prisons. “DOC programs not available through CCA include the Cognitive Self Change program for violent offenders; the Intensive Domestic Abuse Program; Batterers Intervention Program; the Network Against Domestic Violence and Sexual Assault Programs; and the Discover Program for those with substance abuse problems.”
Suzi Wizowaty, a Democratic Vermont State Representative from Burlington and lead sponsor of H.28 which states “As of July 1, 2013, all Vermont inmates shall be incarcerated in correctional facilities that are owned and operated by the federal, state, or local government (‘public’).“ Wizowaty, in explaining her bill, makes the case that in this time of austerity Vermonters wanting to use these public dollars responsibly means using public oversight. “The idea that private prisons save money is illusory and has been debunked, the most optimistic studies show that they are a-wash in spending, because there are higher rates of recidivism, less job training, therapy and programming. All we are doing is putting profits in the pockets in the prison corporations.”
Another elite schism which lends credence to Vermont's anti-privatization efforts comes from an unlikely place, Florida's Republican Party. Florida Republican State Senator Mike Fasano led a successful effort to stop the privatization of 27 prisons, saying, "We have a 10 percent-plus unemployment rate in the state of Florida, and the last thing we should be doing is moving prisons that were paid for by the taxpayers into the hands of corporations, that would probably put many of these families out of work, who have mortgages to pay, homeowner’s insurance to pay, food on the table. This would be devastating to—not only to their families, but also to the community they live in.”
One might assume that given these financial and moral arguments policy makers would be feel compelled to discontinue using private prisons, if only because risk-adverse state governments typically dislike courting law suits. However, the prison corporations Wizowaty and Hoffer have critiqued are Wall Street monoliths. CCA send a letter to 48 states, dangling hundreds of millions of dollars in front of the cash strapped, austerity budget-minded governors, if only those states will privatize their prisons for the next twenty years. And, oh yeah, one other tiny piece of fine print: the prisons must be kept at least 90% full for the duration of the contract. Seemingly, this would create a contractual incentive for states to enact harsher sentencing guidelines and policing procedures. Meanwhile as best-selling author and legal scholar Glenn Greenwald writes, “Since there is no well funded lobby advocating for penal reform or promoting the interests of prisoners, the prison lobby goes virtually unchallenged and can buy the ability to shape pertinent laws at bargain basement prices.”
The military refers to mission creep as “the expansion of a project or mission beyond its original goals.” Corporate prisons who only know how to maximize profits for shareholders have expanded their mission to incarcerating 50% of immigrants detained in the US. Perhaps unsurprisingly the number of immigrants detained has exploded during the same period. Which begs the question: to what degree can a $1.7 billion per year prison corporation like CCA shape public policy? As a December 2008 Boston Phoenix article details: “[private prisons] regularly lobby against criminal punishment reforms, and for the creation of new criminal statues and overly harsh prison sentences. While these efforts are cloaked as calls for public safety, they are essentially creating more business for themselves [...] CCA spent more than $2.7 million from 2006 through September 2008 on lobbying for stricter laws.”
Or, as CCA states in plainsong in its 2010 annual report: “Our growth is generally dependent upon our ability to obtain new contracts to develop and manage new corrections and detention facilities. This possible growth depends on a number of factors we cannot control, including crime rates and sentencing patterns in various jurisdictions and acceptance of privatization. The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction and sentencing practices or through decriminalization of certain activities that are currently proscribed by our criminal laws. For instance, any change with respect to drugs and controlled substances or illegal immigration could affect the number or persons arrested, convicted and sentenced, thereby potentially reducing demand for correctional facilities to house them."
The Primacy of Movement-Building
“It is absolutely essential that we raise the profile of this issue. We will not get anywhere without people calling their public officials, we will not get anywhere without that kind of organizing,” says Wizowaty. With that in mind, in a Burlington church basement this Martin Luther King Day, community organizers like Infinite Culcleasure began what they hope to be the first of many conversations about private prisons. “The grassroots component,” says Culcleasure, “is invaluable in overcoming the special interest and apathy that currently exists on this mass incarceration. With all of the competing crises for communities to manage, our greatest challenge in making this a watershed moment for prison reform is to make it a local issue that is directly relevant in people’s everyday lives.” With a network of 145 churches statewide interested in hosting similar conversations, it seems the tiny state of Vermonters are poised to bring forward a very different vision than corporate mass incarceration.
That said, the CCAs of the world are well-versed in utilizing their taxpayer dollars to leverage Vermont’s political elite: they helped finance former-Governor Douglas’ Inaugural Ball and donate to influential state senators’ re-elections. This is an industry which, as Glenn Greenwald notes in With Liberty and Justice for Some, has spent $3.3 million on state political parties and politicians in the 2002 and 2004 political cycles, according to a 2004 National Institute on Money In State Politics report.
Dick Sears, the influential state senator who chairs the Senate Judiciary Committee that this bill will have to emerge from, has received more campaign donations from private prisons than any other policymaker in Vermont's Statehouse. CCA's annual reports assume that this rarified historical moment where The New Jim Crow is a bestseller, The House I Live In has won the Grand Jury Prize at Sundance, and Stop and Frisk has been declared unconstitutional won’t last forever. Certain social and political factors which prefigure a new social movement emerging are appearing: a loss of legitimacy in former institutions and attitudes, elite schisms, and unifying motivations. The question is one of organizing to scale. As with making health care a human rightdecommissioning a failing nuclear power plant, and getting drivers’ licenses for migrant workers, if the Green Mountain State is to lead the country forward on the issue of private prisons, it will depend on Vermonters making good on their aspirations to build a statewide movement which will compel  VT senators such as Dick Sears to move this bill forward.
As the first of many Vermont church basement organizing conversations on private prisons unfolds, high schoolers hands are flashing in the air: "How is this moral?" "Why do corporations do this?" and in so many different ways "What can I do?" Infinite Culcleasure and Suzi Wizowaty have skillfully transfigured the church basement of teenagers into eager community organizers. Before the conversation reaches its midpoint the high schoolers are poised to bring this dialogue out into the larger community, to hold their elected officials accountable and draw Vermonters across the state together to share their stories and build a movement which can be a sufficient countervailing force to the influence of Wall Street's private prisons. Afterwards the interstitial space of the Church hallway is luminous with excitement; the Pastor offers Suzi and Infinite the opportunity for similar conversations about for-profit prisons in congregations around Vermont. Just down the corridor a new generation of organizers is sending so many social media appeals to shutter the Lee Adjustment Center, shutter CCA and to shutter the private prison industry. Their prescient questions haunt me as I walk out into the snow: "How is this moral?" "Why do corporations do this?" and in so many different ways "What can I do?"
Jonathan Leavitt a journalist, community organizer, and teaches college classes about social movements in Burlington, VT Email: jonathan.c.leavitt(at)gmail.com