5A OPINIONS/ The Charlotte Post Thursday May 25, 2000 I Colorblindness’ erodes equal protection By Robert W, Simmons skECIAL TO THE POST lRec( ecent court decisions, including Judge Potter’s deci sion overturning Swann, have taken their impetus from the self-styled “colorblindness” movement. The move ment’s name arises from a literal misreading of the Civil \^ar amendments to the Constitution. Members of the movement use this misreading to chal- '■ lenge the constitutionality of govem- ExECUTIVE mental actions undertaken to alleviate StJMMARY the lingering disadvantages suffered by -j black citizens for more that 200 years of s?aveiy and 100 years of subsequent repression. The “colorblindness” backlash erodes advances toward ^ equal civil rights made during my Ufe- time and threatens to entrench for the lifetime of my children the privilege ’ illegally seized by the white majority. Barely longer ago than my birth in 1958, our nation took its &st steps toward enforcement of the equal pro tection prescribed by the Constitution.- Within my memory, the Civil Rights Act finally banished “Jim Crow” laws. Fewer than 30 years ago, the Supreme Court affirmed Swann, driving out one of Jim Crow’s last recalcitrant relatives -■de facto school segregation. ©uring the last three decades, we have made steady progress away from three centuries of injustice, and we have begun to approach real equality. But the remedy is not complete. As a result of justice delayed, justice is stiU denied. Power, wealth and their concomitant privileges remain disproportionately in the hands of the white majority. Relative poverty, homeless ness, crime, and disease remain disproportionately on the shoulders of the black minority. Clontrary to the claims of the “colorblindness” move ment, the Constitution requires that the law see color to assure that people of all colors enjoy equal protection. The Constitution does not allow us to choose to be blind either to .the continuing disadvantages of people of color or to Simmons the historical sources of those disadvantages. Many of the folks who promote such blindness exercise a conscious disregard for law and history. ‘T never owned slaves, so why should I suffer for what I didn’t do?” they complain. Of course, the majority does not “suffer” by the loss of unearned privilege that has been passed through gener ations of constitutional violations to modem heirs. Those in the vanguard of the backlash are people of my genera tion and my race who seek to preserve privilege for their children while both denying indebtedness to a sordid his tory and avoiding the responsibility to share their taint ed inheritance with those fiom whom it was stolen. 'The Constitution is the supreme law in a structure of laws that provides remedies for violations of law. The white majority violated the Constitution for more than the first 150 years of our nation through the passage and enforcement of unconstitutional laws. The violations damaged black citizens, and the damage was perpetuat ed in the institutions of society. Merely removing the vio lations from the law is not an adequate remedy. Payment of reparations is not a reasonable remedy for the institu tional repression of generations. The only adequate and reasonable remedy is the award of the legal right to require the institutions of society to prove that they are not perpetuating the filegal denial of equal protection. The appointed Federal judges were the first to exercise the courage to begin the remedy by striking down uncon stitutional laws. The executive and the legislature fol lowed. Enforcement of the remedy still rests with a legis lature, executive and judiciary controlled by the majority, and all three branches are now less hkely to exercise the courage to stay the course against the bitter backlash. Many in the “colorblindness” movement challenge the remedy rmder the guise of opposition to a “special right.” 'They claim the remedy unconstitutionally recognizes color in the enforcement of the law. This “special right” is nothing other than the focus on race mandated by the Constitution to assure that equal protection is not denied based on race, and that the opposition to the remedy is merely the exhmnation of Jim Crow’s remains to deny equal protection under an assumed name. In The Alamo, when Davey Crockett was asked why he had chosen to risk his life in a fight that was not his own, he said that a wrong can be opposed in two ways: risk lit tle by speaking gentle words for what is right, or risk much by striking a blow against what is wrong. In our battle, gentle words now go unheard. Folks must be wiUmg to risk more by striking blows with strong words. The nouveau segregationist hypocrites of the “color blindness” backlash must be subjected to the shame that, they are so quick to call down on others but so slow to accept for themselves. Their passive allies must be con fronted with a mirror reflecting their complicity. Only by struggling against the “colorblind” denial of equal protec tion can we hope to reach the day when we wfll stand on the level field described in the Constitution and rejoice together in the many hues of the color that we see. ROBERT W. SIMMONS is an attorney with the firm of Robinson, Bradshaw & Hinson PA. in Charlotte. Racism in the college sports industry ^ Bernice t- Powell "Jackson hi J' intentionally chose the head- hne for this column to include the words “college sports indus- tity” because clearly college sports, particularly basketball and football in the largest, most sports-competitive universities irtthe nation, is an industry. It is also an entertainment industry, just like the professional sports are just as much about enter- tadnment as they are about ath letics. Many of the young people play ing college basketball or football are African American. Unfortunately, aU too often the adults who work with them—the cqaches, the trainers, the scouts — do not seem to mirror that. It seems that while college sports do provide an avenue for young African Americans to get an edu cation, it may not provide a venue for employment after wards. Now, one young college coach is brave enough to raise the issue of employment of African Americans by college sports departments. His name is Sean Sl(eppard and he’s a strength and conditioning coach at Ohio State University and he’s written an open letter calling Ohio State, the National CoUegiate Athletic Association, and the broadcast ing industry into accountability. Sean Sheppard has 14 plus years of experience as a college athlete himself and as a coach in Division I athletics. He has worked in small private colleges, in state imiversities and in huge athletic departments. He has coached elite football and basket ball players and those who are below average. I’ve never looked Sean Sheppard in the eye, but I have talked with him on the telephone and I have talked with those who have known him since childhood and I would say that I have never talked with a more sincere, more respectful, more caring young man. But he is one who must tell the truth as he sees it — something all too many of us are afraid to do too much of the time. So when he sent me a copy of a statement he recently made, I paid attention. In it, he calls attention to the fact that of the 342 employees within the Ohio State University athletic department, there are only 19 African Americans (5 per cent), despite the fact that most of the football and men’s basket ball teams are African Americans. There are only four black assistant coaches of the 70 assistant coaches. There is only 1 black female coach. There are only two head coaches in a department of 30 coaches. Indeed, in the 100 years of histo ry of Ohio State basketball, there has been only one black head coach and there has never been an African American head foot ball coach. Sheppard raises the question of whether the message, conscious or unconscious, that is being delivered to the African American community is that while universities have no trou ble awarding scholarships to black athletes because of the money these athletes wfll gener ate, they have a problem sharing that money vrith the African American community by hiring black coaches. It’s a message, he says, that the African American community is getting loud and clear and they are talking about it in barber shops, black-owned restaurants and other places where informal conversation is held. The need for more African Americans in college coaching is not just about sharing the wealth of college athletics either. It is about providing the role models, the counseling and the much- needed mentoring which African American athletes so desperately need. Who better understands a young athlete from the inner city than an adult who’s been there himself or herself? Who can bet ter recognize the signs of trouble which these young people often show? Now, it is important to say that Ohio State probably is not the only university with such hiring records. I expect that most of the NCAA Division I athletic depart ments have comparable num bers. While I don’t have statistics for aU NCAA Division I schools, I do have the total numbers of NCAA athletic administrators, where nationally about 8 percent of them are African American. Which means that some of the larger NCAA universities proba bly have better hiring records than OSUs while some undoubt edly have worse. Sean Sheppard is quick to point out that advances have been made in the college sports industry over the past genera tion. 'There are significantly more African American quarter backs and more black head coaches now than 20 years ago. But, he asks, how far have we really come. And I would add, how far are we wflling to go? Sheppard’s solution to this inequity is for the NCAA and its member schools to actively recruit and market themselves at job fairs on college campuses across the country with the sole purpose of recruiting talented people of color. Secondly, he calls upon the television broadcasting industry, which pays billions (with a “b”) of dollars to televise NCAA basketball and football tournaments, to also put aside funds for this purpose. Thirdly, he calls for a new kind of Title IX program (the government pro gram mandating equal sports for women in college) which would work like Title DC, but would ensure coaches of color as well as athletes. Sean Sheppard has started the conversation. OSU Athletic Director Andy Geiger has responded that Sheppard is right and that he appreciates his tak ing the leadership on this. He calls for a reduction in the rhetoric and an increase in results. Let’s hope he really means that and that he wfll not only take up the challenge him self, but invite his colleagues around the country to do the same. BERNICE POWELL JACKSON is executive director of the Commission for Racial Justice in Cleveland, Ohio. Health care indushy is sick because of lawsuit threats By.Armstrong Williams SPECIAL TO THE POST X doctor has a way of reassur ing. He exudes health and knowledge. On the golf course, he maintains a statuesque form. Iiythe emergency room, we pray to him. When he restores health to, our loved ones, we ciy in joy and thankfulness. Still, something about the doc tor galls us. He fattens himself on our physical vulnerabflify. He has decorated his house with om checks. On the highway he swooshes past us in his candy- apple Porsche, the gUnt of sun tingling off the polished chrome. This makes us feel vul nerable all over again. And so, on some level, we wish to take from him, this medical demagogue who has the audacity to sit so high upon the pedestal we erect ed for him. Given the slightest opportuni ty, we wfll drag him down. Exhibit A: Doctors, who stopped to help victims of car accidents, violent assaults, etc., found their good deeds rewarded with astronomical malpractice lawsuits. Exhibit B: ATfexas lady sued her nutritionist because her daughter failed to lose any signif icant amount of weight following repeated visits. The list goes on, endlessly, and senselessly. It is perhaps the definition of frivo lousness that a Doctor’s hard- earned professional reputation should end in the moment that it takes to facflitater a lawsuit that has no genuine merit. Of course, medical malpractice is a serious issue, claiming the fives of an estimated 44,000 peo ple a year nationally. Perhaps even more disconcerting though, is the tide of frivolous suits and the imburdened ease with which patients are crying victim. This fact has doctors on the defensive. After all, an innocent pat on the tummy while dislodging a blood sausage from a dinner compan ion’s esophagus (ala the Heimlich maneuver) could mean heU to pay down the road in a malpractice suit. “Many doctors have avoided the scene of an accident because every time he would help, out of that came a lawsuit,” explains Dr. Ficcara, a former emeritus surgeon who practiced in New York. “That is injustice and it deprives a patient of the help that is necessary in the time of emergency.” Sadly, this tide of frivolous liti gation is driving a wedge between patient and doctor. “A physician today wfll not take that extra step that is necessary to help patients, for fear of a law suit,” said Dr. Ficcara.. “The doc tor’s now are practicing defen sive medicine in every area. He has no choice but to become more self-protective in the matter because of malpractice.” 'This came clear to me recently while I grappled with an eye dis ease called Iritis, which causes inflammation and irritation so pervasive as to threaten blind ness. While in South Carolina for some speaking engagements, my right eye flared up for the first time in months, sending flashes of pain throughout my body. The eye immediately swelled and watered. When I called McCloud Regional Hospital in Florence, S.C., I was told the opthamologist would only talk to patients or admittants to the emergency room. I stood there on the other side of the phone, dumbly won dering what to do. I pleaded with the answering service to speak with the doctor, at this point gasp ing in pain. The voice on the other end reiterated: the doctor wfll not see you mfless you are a patient. The words danced around my head with horror. Finally, I was able to convince the answering service to contact the doctor. Thankfully, one Dr. Hunter R Stokes Jr. showed empathy and compassion in agreeing to advise me as to what to do, before phoning in a pre scription at a local pharmacy. Upon my return to D.C., I relayed the story to my regular physician. Dr. Wicker. “That’s a miracle,” he exclaimed. “Because in this litigious society, it is unheard of for a doctor to pre scribe medicine to someone who isn’t their patient. And you could have suffered to the point where that right eye would have been jeopardized. .. .it happens all the time.” What a sad state of affairs when a fear of lawsuits rents so much space in our doctor’s heads. Plainly, if medicine is to offer patients the best care avail able, we must not orfly be able to trust doctors, they must be able to trust us. Otherwise, their sacred oath to heal wfll be sub verted by the fear of frivolous lawsuits. ARMSTRONG WILUAMS is a syn dicated columnist. Parents care; kids can learn By Emory Curtis SPECIAL TO THE POST Just after writing this piece I’ll be attending the University of Southern California Neighborhood Academic Initiative annual ceremony, where achieving students (in their lexicon, “scholars”) and par ents, guardians and significant adults receive recognition for making the NAI program an undupficated success in convert ing low achieving students into high-performing scholars. I’m attending for two reasons. One, just seeing youngsters pulled off the public school sys tem’s economic dump road renews my belief that public schools can work - with the right leadership. Secondly, I want to see if, for once, a locally elected official wiU attend the ceremony. In the NAI program, sixth grade “C” average students in low-per forming (1 or 2 on a 10 scale) ele mentary schools surrounding use in the Los Angeles Coliseum area are given a chance to get the equivalent of a good private prep school education. If the student and the adultfs) in the home wfll commit themselves to do the work, they wfll not only get a good prep school education but may also get a four-and-one-half year free ride at USC. Commitment requires more than lip service by both the schol ar, nee student, and the adults in the home. For the student, it means being at USC for two hours each week day morning for instructions from NAI teachers before going to their regular school for regular classes. For three days each week the NAI students go to USC for one-and-a- half to two hours for tutoring by USC students. 'That’s not aU. Every school night, there is a three-hour home work session at home with no 'TV. And then on Saturday, NAI schol ars spend four hours in a work shop that covers such topics as communications, mathematics, information technology, science, and SAT and ACT exam prepara tion. The Family Development Institute, an NAI support pro gram, runs a parallel four-hour program on Saturdays for the responsible adults in the homes of NAI scholars. That program keeps them in tune with their own scholars and offers parenting and home management work shops. 'That’s quite a load on scholars, nee students, and their parent(s), guardians or responsible adults. That load can only be carried if there is a complete change in focus and culture within the household. And that is exactly what happens. It happens because the adults are committed to changing their own fives and paving the way for their chfld(ren) to do much better m fife than they have; very few of those households had ever had any member attend a four-year college. 'Therefore, it is hard for the adults to have envisioned of an offspring of theirs attending USC under any circumstances. Nevertheless, many have had that vision come true. In 1997, there were 46 graduates of the program. 'Twenty-four are now in USC on scholarships, five are in other four-year colleges and 12 are in community colleges. 'The total for the program for the past three years are 140 graduates, 63 of which are in USC, 12 in the California State University sys tem, 36 of which are in communi ty college, eight in the University of California system, three in other state college systems, four in other private colleges, three in Ivy League institutions and three in vocational school. 'The where abouts of eight of the graduates are imknown. Those figures show that USC’s NAI program has taken 140 “C” average sixth graders who were potential gang members, drive-by shooters, shooting victims, or school dropouts and put them on the threshold of becoming real contributing and productive members of this society. Syndicated columnist EMORY CUR TIS can be reached via e-mail at. eccur- tis@hotmail.com.