FOR IMMEDIATE RELEASE:
Thursday, February 8, 2007
Contact:
Lynda Tran, 202-907-1172
Civil Rights and Community Leaders Question Use of Taxpayer Dollars, Diversion of Resources to Prosecute Acts of Conscience
New poll shows majority of Houstonians said use of nonviolent direct action during janitors’ strike justified to help win union contract called a “milestone” by Mayor White
Houston –- Local civil rights activists, faith and community leaders are joining janitors to question the use of taxpayer dollars and diversion of scarce police resources to prosecute acts of conscience today with the first wave of protesters in court for engaging in nonviolent direct action during janitors’ month-long strike last fall. A new poll shows a strong majority of Houstonians supported the use of these protests to oppose janitors’ lack of access to health care and wages of only $20 a day and community leaders are expressing renewed concern over efforts by the Houston Police Department and the Harris County District Attorney to limit the right to peaceful protest and freedom of speech by workers and their supporters.
“It’s ridiculous that we’re wasting public time and money and pulling police officers off the streets just to suppress the kind of peaceful protests that are deeply rooted in American history and tradition,” says Pastor Ian Uriarte of Logos Community. “These court cases are simply inappropriate and shouldn’t proceed.”
1,700 janitors employed by ABM, GCA, Sanitors, OneSource, and Pritchard held an intense month-long strike last fall characterized by daily public demonstrations and multiple nonviolent protests in which janitors and supporters risked arrest. Overall nearly 80 janitors, union leaders, and supporters participated in nonviolent direct action protests to show their support for striking janitors.
“I couldn’t believe Houston janitors were being paid only $20 a day—no one can survive on so little,” says Gladys Maria Jimenez, an SEIU janitor arrested during one of the protests. “I couldn’t stand by and do nothing to help.”
Efforts to Limit the Right to Peaceful Protest Raise Concerns
Community leaders initially expressed concern over attempts to limit the right to peaceful protest and freedom of speech by workers during the janitors’ strike. The Houston Police Department’s use of horses as a tactic to intimidate and corral janitors participating in nonviolent direct action on November 16 was particularly criticized by elected and community leaders and in the national media.
Although SEIU organizers contacted the Houston Police Department prior to the demonstration to explain their plan and reasons for demonstrating—a common practice carried out in advance of direct action protests to ensure a safe and peaceful protest—police officers at the scene gave no warning prior to moving in on the protesters on horseback. The police’s choice to use horses to stop the protest resulted in at least five people being severely injured, including an 83-year old female janitor from New York.
Additional questions about attempts to curb the use of nonviolent direct action were raised when an overly zealous Harris County District Attorney requested the extraordinarily high bond of $888,888 cash for 44 of the 46 peaceful protestors arrested during the same protest. The standard bond rate for a Class B misdemeanor is $500 to $1000. The bond rates were later reduced by a magistrate judge to $1,000 per person.
While in jail, protesters reported severe mistreatment by police officers. Anna Denise Solís, a Texas-raised SEIU staff member currently living in San Jose, CA, was among the peaceful protestors arrested in November. She reported:
- Guards ignoring a severe diabetic woman who had collapsed, continuing with a roll call.
- Guards kicking the cast of a woman with a fractured arm.
- Guards calling female protestors “whores.”
Support for the Use of Civil Disobedience Locally, Nationally
A survey by Bendixen & Associates conducted in December of 2006 found that 56% of the city’s residents—more than half of Houstonians—believe the use of nonviolent direct action was justified to protest janitors’ poverty wages and lack of access to health care.
“Sometimes only acts of conscience can give a voice to the voice-less,” says Maria Jimenez, Special Projects Coordinator with CRECEN. “That’s why we risked arrest throughout the South during the Civil Rights Movement—and why janitors and others risked arrest here in Houston.”
In November, a statement in support of the use of nonviolent direct action in support of Houston janitors was signed by more than 20 national and local African American and Hispanic Members of Congress and civil rights leaders, including U.S. Reps. Sheila Jackson Lee, Al Green, and John Lewis, the Congressional Hispanic Caucus, and civil rights leaders Rev. James Lawson, Rev. James Orange, and Rev. William Lawson.
“We applaud the bravery and courage of these janitors, who will be risking arrest to fight for a better future for all American workers. Victory by the Houston janitors will build momentum for a new movement for better jobs and affordable health care in Houston and throughout the southern United States,” the statement reads in part. Full statement available on www.houstonjanitors.org.
Groundbreaking Contract Settlement Reached Following Historic Level of Direct Action Protests
Last fall, after a week of historic levels of direct action protests in Houston resulting in the arrests of 60 workers and activists, more than 5,300 local janitors won higher wages, more work hours, and health care in their first city-wide union contract.
Janitors approved a union contract on November 20 that Mayor Bill White called “a milestone in the history of the city of Houston and more importantly something uplifting the lives of Houston residents who are just trying to get by every single day” and the Houston Chronicle described as a “momentous” agreement that “strengthens the entire city by shrinking the gap between the haves and have nots…[and makes] Houston a more fair, more functional community.”
The janitors’ contract will more than double their income in the first two years of the agreement, provide access to individual and family health insurance, allow workers—many for the first time in their lives—paid vacations and holidays, and guarantee more work hours.
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The High Price of Prosecuting Acts of conscience
Efforts to limit the right to peaceful protest in Houston costing taxpayers, diverting police resources
The Harris County District Attorney’s insistence on prosecuting janitors and their supporters for engaging in nonviolent direct actions during Houston janitors’ strike raises serious concerns about the use of taxpayer dollars and the diversion of already-scarce police resources to prosecute acts of conscience. Dozens of peaceful protesters who risked arrest last fall to protest Houston janitors’ wages of only $20 a day without access to health care are scheduled for a series of court cases for the next two months.
The Prosecution of Acts of Conscience is Costing Houston Taxpayers.
In 2001, the University of Texas estimated the cost for Harris County District Court trials was $2400 per day—approximately the equivalent of $2800 per day today. Overall, the cost for seven weeks of court for protesters whom participated in nonviolent direct action could cost Houston taxpayers nearly $100,000. Source: www.utexas.edu/law/academics/centers/cppdr/resources/2001CJAReport_Final.pdf
Examples of Class B Misdemeanors:
- Disorderly Conduct (with a firearm)
- Prostitution
- Riot
- Terroristic Threat
Source: http://www.charges-dropped.com/misdemeanor.html
A Majority of Houstonians Agreed the Use of Direct Action Protests Was Justified.
A December 2006 survey by Bendixen & Associates found that 56% of the city’s residents—more than half of Houstonians—believe the use of nonviolent direct action was justified to protest janitors’ poverty wages and lack of access to health care.
Response to Nonviolent Protests Out of Step With Other U.S. Cities.
In sharp contrast with other cities around the country where similar nonviolent protests routinely receive minor charges and fines—rarely including jail time—and charges are usually dismissed with the payment of court costs, the overzealous response by the Houston Police Department and the Harris County District Attorney to janitors and their supporters has included:
- An unnecessarily aggressive police response at the scene of the protest criticized by local community leaders and national media.
- Class B misdemeanor charges and holding protesters in jail for a period of time ranging from overnight to more than 40 straight hours.
- The severe mistreatment of protesters in prison.
- Setting bail bond at an unprecedented $888,888 per person for 44 of 46 protesters.
Houston Court Cases Diverting Police Resources, Exacerbating Overcrowding.
Efforts by the Houston Police Department and the Harris County District Attorney to limit the right to peaceful protest and freedom of speech by janitors and their supporters are ultimately diverting valuable police resources and keeping officers in court instead of on the streets dealing with violent crimes and other serious felonies. In addition, the prosecution of acts of conscience by janitors and their supporters is contributing to overcrowding in a court system already overburdened by serious criminal cases.
For more information contact SEIU’s Lynda Tran at 202-907-1172.