Aug. 01, 2004 - 20:32 MDT

THE WONDERING JEW

Inequity

Sunday August 1st, The Denver Post has an article by Shaila K. Dewan of The New York Times that is an illustration of many things, one of which is the mis-interpretation of rules and regulations -- some of which should have never been in place.

Suit settlement failing to reach black farmers

Bias in subidies led to class action

Sub-sub-head "The claims process has tangled up what the judge had called the biggest U.S. civil rights award ever"

"STARKVILLE, MISS -- R. L. Stevenson was in a recliner, a bowl of prescription medicine bottles at his elbow. At 79, he can no longer work his farm here in Oktibbeha County, 150 miles northeast of Jackson, though until he fell ill a year ago he baled hay and mended fences."

"He is a black farmer who toiled for decades at near-subsistence levels -- buying used equipment and diary cows past their prime -- with little of the government support that white farmers here recieved."

"I've been farming here for 70-some years," he said. "And I didn't do too much progress in that time."

"Stevenson expected to benefit from the landmark 1999 class-action settlement with the U.S. Department of Agriculture, which acknowledged decades of ""indifference and blatant discrimination"" against blacks in the department's lending programs."

"When the settlement was approved, the judge hailed it as the biggest civil rights award in U.S. history, estimating that $2 billion would be paid out to black farmers."

"The claims process was to be swift and "virtually automatic," U.S. District Judge Paul Friedman wrote. Most of the claimants were to receive $50,000 each and $12,500 to pay taxes on that amount."

"His case illustrates the failures of a claims process that even the judge said has fallen far short of what he envisioned."

"Thousands of claims have been denied for a tangle of reasons including tight deadlines and late submissions, lawyers' bungling and, perhaps most significantly, the resistance of the Agriculture Department. For those rejected, the only hope for restitution is an act of Congress."

To date, the department has paid $814 million to 13,445 of the 94,000 farmers who applied. Almost all the rest were rejected, most because they missed the October 1999 deadline."

"Many say they did not learn of the settlement until too late; the department has insisted that the deadlines be strictly enforced."

Stevenson's claim, filed on time, was denied because records showed he had received government loans, he said."

Yet according to documents, even when blacks got such loans, they received less than requested, were forced to provide excessive collateral and had the applications processed too late in the planting season to help."

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1999 class action settlement and there was an October 1999 deadline on the application process ? ? ? ? Who the heck could ever get through the government paperwork and bureaucratic stumbling blocks in that short of a time ? Why in the first place was such a short time allowed to file ? ? ? ? Especially when the settlement acknowledged "decades of "indifference and blatant discrimination" against blacks in the department's lending programs." Why on earth should there have been such a tight deadline and who was responsible for setting it ? especially when the mills of the white gods grind slowly ?

Then a sharp point is, that the blacks existed "with little of the support that white farmers here received."

Sure must be a hell of a thing to exist, buying used equipment and diary cows past their prime and trying to have a decent life and self respect, especially when a person sees those of the privileged class getting loans and loans in time to help. Four going on five years and this just now shows up in the newspapers ? Where the heck was the media ? ? ? ? ? ?

The Lord help me to stand up against such an Inequity . . . . . . . .

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