Coyote Blog

Well, it appears that Black Lives Matters has moved on to climate activism, or whatever, but has mostly fallen off message on police accountability.  Protests in the vague hope of ending racism by closing busy highways and airports and kneeling during the National Anthem are going to get nothing done -- the solution to the problems that sparked the BLM movement are to be found in legislative efforts to create better police accountability measures and to roll back a number of egregious protections from accountability that exist in many union contracts.  The solution is not to throw blanket hate on police officers, many or most of whom are doing a good job, but to recognize that when we give officers unique powers to use force, they need extra accountability to go with those powers.  Today, most police have less accountability for their use of force than you and I do.

Unfortunately, doing that is hard.  It is a tough legislative slog that has to go local city by local city, with few national-level shortcuts available.  It faces opposition from Conservatives who tend to fetishize police, and from Liberals who are reluctant to challenge a public employees union.  And it requires that BLM translate their energy from disruption and attention-grabbing (which they are very good at) to policy and legislation, which they have shown no facility for.  They need to be working on model legislation and pushing that down to the local level.  This original plan actually looked pretty good, but apparently it has been rejected and gets little or no attention.

As a result, BLM seems to be stuck in a pointless do-loop of disruption and virtue-signalling.  I just want to scream at them, "OK, you have our attention -- and many of us are sympathetic -- what in the hell do you want done?"  Unfortunately, their current lists of goals have almost nothing to do with police accountability and appear to be a laundry list of progressive talking points.  It appears to be another radical organization that has been jacked by the Democratic establishment to push mainstream Democratic talking points.

Here is a good example, for a number of reasons.  In the past, the officer likely would have been believed and the woman might have been convicted of something.  I think this happens to people across the racial spectrum, but African-Americans have had a particularly hard time -- given both racist perceptions and lack of good counsel -- in these he-said-she-said cases with police.  Not to mention that African-Americans -- for a variety of reasons including racial profiling in things like New York's stop and frisk program to the tendency of poor black municipalities to fine the crap out of their citizens to generate revenue -- come in contact with police disproportionately more often.

I offered my plan to help African-Americans a number of times in the past:

• Legalize drugs.  This would reduce the rents that attract the poor into dealing, would keep people out of jail, and reduce a lot of violent crime associated with narcotics traffic that kills investment and business creation in black neighborhoods.  It would also reduce the main excuse for petty harassment by police that falls disproportionately on young black men.  No it's not a good thing to have people addicted to strong narcotics but it is worse to be putting them in jail and having them shooting at each other.
• Bring real accountability to police forces.  When I see stories of folks absurdly abused by police forces, I can almost always guess the race of the victim in advance.  I used to be a law-and-order Conservative that blindly trusted police statements about every encounter.  The advent of cell-phone video has proven this to be supremely naive.  No matter how trusted, you can't give any group a pass on accountability.
• Eliminate the minimum wage   (compromise: eliminate the minimum wage before 25).  Originally passed for racist reasons, it still (if unintentionally) keeps young blacks from entering the work force.  Dropping out of high school does not hurt employment because kids learn job skills in high school (they don't); it hurts because finishing high school is a marker of responsibility and other desirable job traits.  Kids who drop out can overcome this, but only if they get a job where they can demonstrate these traits.  No one is going to take that chance at $10 or $15 an hour
• Voucherize education.  It's not the middle class that is primarily the victim of awful public schools, it is poor blacks.  Middle and upper class parents have the political pull to get accountability.   It is no coincidence the best public schools are generally in middle and upper class neighborhoods.  Programs such as the one in DC that used to allow urban poor to escape failing schools need to be promoted.

Years ago, in Ventura County California (where I am thankfully no longer doing business), a loyal employee approached our manager and told her of a meeting that had been held the night before for our employees at a local attorney's office.  The attorney was holding the meeting mainly because he was trying to drum up business, brainstorming with my employees how they might sue the company for a variety of fanciful wage and hour violations.  Fortunately, we tend to be squeaky clean on labor compliance, and the only vulnerable spot they found was on California break law, where shifting court decisions gave them an opening to extract a bit of money from the company over how we were managing lunch breaks.

Anyway, in the course of the meeting, the attorney apparently advised our employees that if they ever thought they were about to get fired, they should quickly accuse someone in the company of harassment or discrimination or some other form of law-breaking.  By doing so, they made themselves suddenly much more difficult to fire, and left the company open to charges of retaliation if the company did indeed fire them.   In later years, we saw at least two employees at this location file discrimination or harassment claims literally hours before they were to be terminated for cause.   Since then, I have seen this behavior enough, all over the country, to believe that this is a strategy that is frequently taught to employees.

This terrible advice is obviously frustrating not only because it makes the firing process harder, but also because these charges all still have to be investigated seriously, a time-consuming process that has to involve me personally by our rules.   On at least two occasions that I can remember, we delayed a firing for cause by several weeks to complete investigations into what turned out to be bogus charges, only to have the employee do something really stupid in a customer reaction during these extra weeks that had substantial costs for the company.

Anyway, I was thinking about this in the case of Colin Kaepernick, the NFL quarterback currently employed by the 49ers but expected by many to be released (ie fired) in the coming weeks.  Last weekend he stirred up controversy when he refused to stand for the national anthem to protest treatment of blacks in America.   Personally, I barely noticed, as I am not a big fan of enforced loyalty oaths and patriotic rituals, finding these to historically be markers of unfree societies.  For these sorts of rituals to have any meaning at all, they have to be voluntary, which means that Kaepernick has every right to not participate, and everyone else has every right to criticize him for doing so, and I have the right to ignore it all as tedious virtue-signalling.

I mostly yawn and change the channel over all this, but it did make me wonder -- Kaepernick has to know that he is potentially on the chopping block.   Many folks believe that his performance last year was not good enough to earn a job on the 49ers this year.  It has been discussed on national TV for weeks, and probably for months in the local San Francisco market.  If he were to be cut, it would likely be in the next 7 days or so by the schedule the NFL sets for finalizing rosters.   So I wonder if part of Kaepernick's action the other day was to make it harder to fire him.   He and his supporters can now portray his firing as retaliation for his support of Black Lives Matters, something that would be an uncomfortable perception for any high profile organization in America but particularly in San Francisco.