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Felon voting ban in North Carolina is racially motivated and unconstitutional, judges rule

A panel of three superior court judges in Wake County, NC ruled in a 2-1 decision that people with criminal records can vote once they have rejoined society and are no longer behind bars.

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Felon voting ban in North Carolina is racially motivated and unconstitutional, judges rule
Photo by Edmond Dantès from Pexels: https://www.pexels.com/photo/a-man-dropping-a-paper-in-a-box-7103206/

North Carolina’s felon voting ban law barring many people with felony records from voting after they get out of prison is now deemed unconstitutional, a state court ruled Monday.

Felon voting ban law is unconstitutional

A panel of three superior court judges in Wake County, NC ruled in a 2-1 decision that people with criminal records can vote once they have rejoined society and are no longer behind bars.

The judges wrote that “if a person otherwise eligible to vote is not in jail or prison for a felony conviction, they may lawfully register and vote in North Carolina.”

The state law previously allowed people with felony convictions to vote only once they finish their sentence. Not only including their prison sentence but also any probation or parole, which sometimes can last for years after someone is released from prison.

Disenfranchisement

The judges found the felon voting ban law unconstitutional for generally violating people’s rights, but also for being explicitly targeted towards Black people.

Specifically, they wrote that the law “was enacted with the intent of discriminating against African American people and has a demonstrably disproportionate and discriminatory impact.”

Community Success Initiative sued the state in 2019 to strike down the state law. Lawyers for the initiative argued that keeping people from voting upon release from prison violated the state Constitution’s Equal Protection Clause and Free Elections Clause, and that the law was written in the 1970s with a racist intentions.

“This landmark decision is the largest expansion of voting rights in NC since the Voting Rights Act of 1965,” Daryl Atkinson, lead attorney in the case, told The News & Observer.

Plaintiffs noted serious disenfranchisement with the law, disproportionately affected Black residents, which account for 21% of the state’s voting age population and 42% of those denied the right to vote because of the law.

“In total, 1.24% of the entire African American voting-age population in North Carolina are denied the franchise due to felony probation, parole, or post- release supervision, whereas only 0.45% of the White voting-age population are denied the franchise,” according to Monday’s ruling.

Republican lawmakers who defended the case argued there is no racial disparity in the law because “100% of felons of every race in North Carolina” were banned from voting until they completed probation or parole, but the court majority dismissed the argument.

Ultimately, the court found that “when the General Assembly prescribes by law the manner in which a convicted felon’s right to vote is restored, it must do so on equal terms and in a manner that ensures elections ascertain the will of the people.”

News & Observer reported that around 55,000 people will be affected by the law being overturned.

Photo by Edmond Dantès: https://www.pexels.com/photo/a-man-dropping-a-paper-in-a-box-7103206/


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Unheard Voices Magazine LLC is a news reporting platform covered under Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research.

Unheard Voices is an award-winning news magazine that started in 2004 as a local Black newsletter in the Asbury Park, Neptune, and Long Branch, NJ areas to now broaden into a recognized Black online media outlet. They are the recipient of the NAACP Unsung Hero Award and CV Magazine's Innovator Award for Best Social Justice Communications Company.

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Social Justice

San Francisco man victim of two hate crime incidents

San Francisco’s Harvey ‘Terry’ Williams was a victim of not one, but two hate crimes and has launched a GoFundMe to protect his family.

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San Francisco hate crime Harvey 'Terry' Williams
Harvey 'Terry' Williams (Photo: YouTube | https://youtu.be/jdqi5XJuIFQ?si=zoZq9NVRnCCfyp7y)

San Francisco’s Harvey ‘Terry’ Williams was a victim of not one, but two hate crimes.

San Francisco hate crime

On the morning of April 26th, he was delivered a package containing a black doll with a noose wrapped around its neck, with his name and a picture of his face. The doll, along with the other contents of the package, were covered in horrifying racial phrases and slurs.

A week later, he received a second racist package containing similar items, but this time the threats were escalated.

San Francisco police say they’re investigating both incidents.

Neighbors have rallied behind Williams, helping him build a network of security cameras to help keep a closer eye on their area.

GoFundMe

A GoFundMe was launched to help pay for security cameras, help Terry relocate until the police know more, and help take some financial pressure off the family during a very difficult and scary time.


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Social Justice

Family of Black teen shot in head after ringing doorbell of wrong home sues gunman and HOA

The family of the Ralph Yarl, the Black teenager who was shot in the head after ringing the doorbell of the wrong home in Kansas City, Missouri, last year, has filed a lawsuit against the White man who shot him and the residential homeowners association where the house is located.

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Ralph Yarl shooter charged
Ralph Yarl (Instagram)

The family of Ralph Yarl has filed a civil lawsuit against Andrew Lester, the 85-year-old white man who shot the teen last year on his doorstep, along with Lester’s homeowners association.

Ralph Yarl family sues

The lawsuit, filed by Yarl’s mother Cleo Nagbe in the circuit court of Clay County, Missouri, accuses Lester and the Highland Acres Homes Association, Inc. of “careless and negligent conduct.”

“At all times relevant, Plaintiff (Ralph Yarl) never posed or issued a threat to Defendant, Andrew Lester,” the lawsuit states, adding the Highland Acres Homes Association “was aware of or should have been aware of Defendant, Andrew Lester’s, propensity for violence, access to dangerous weapons and racial animus.”

Yarl’s mother said in a news release that the case is not just about seeking justice for her son. By including the Highland Acres Homes Association, Inc., Nagbe said the lawsuit “underscores the importance of collective responsibility in safeguarding our communities.”

“Their knowledge of a potentially dangerous individual in the neighborhood without taking adequate precautions is unacceptable,” Nagbe wrote. “This case is not just about seeking justice for Ralph but about advocating for systemic changes that prioritize the safety and well-being of all children.”

Nagbe said she also hopes the civil suit will create a conversation about the “importance of responsible gun ownership and community safety measures of using words, not weapons.”

Suspect

Lester has pleaded not guilty to charges of first-degree assault and armed criminal action.

He was released on $200,000 bond and his trial is set to begin October 7.

Ralph Yarl shooting incident

On April 13, 2023, Ralph Yarl, now 17, went to the wrong home while trying to pick up his younger siblings. After ringing the doorbell, Ralph was shot in the head and arm.

Lester was detained the night of the shooting but released two hours later. After a public outcry, he was arrested and charged nearly a week later.

The 85-year-old claims he was scared to death of the boy’s size. Meanwhile, Yarl is 5ft8in and 140 pounds.

Yarl survived the shooting with serious injuries. Those close to the family said he had a prognosis of a full recovery, but may possibly suffer long-term brain issues.

According to the civil lawsuit, the teenager “suffered and sustained permanent injuries, endured pain and suffering of a temporary and permanent nature, experienced disability and losses of normal life activities, was obligated to spend large sums of money for medical and attention and suffered other losses and damages.”


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Crime & Justice

Paramedic involved in Elijah McClain’s death sentenced to probation, work release and community service

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

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Elijah McClain's family to receive $15 million from the city of Aurora
Elijah McClain and Jeremy Cooper (CBS News)

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

Paramedic Jeremy Cooper sentenced

He had faced up to three years in prison but was sentenced to four years probation, 14 months of work release and 100 hours of community service.

Cooper and another paramedic, Peter Cichuniec, were found guilty of criminally negligent homicide in December in the death of McClain, 23, who was subdued by police and injected with ketamine on August 24, 2019.

Both paramedics had pleaded not guilty to the felony charges. Cichuniec was sentenced in March to five years in prison, the minimum.

Police stop turns fatal

McClain was walking home in August 2019 when the 23-year-old Black man was confronted by police officers who forcibly restrained him. When Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec arrived, they injected him with ketamine.

He went into cardiac arrest in an ambulance a few minutes later and died three days after that.

The McClain family sued the city of Aurora for Elijah’s wrongful death and received a $15 million settlement.


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