SPLC sues ALEA for suspending Alabama licenses for unpaid traffic tickets
The Southern Poverty Law Center (SPLC) is challenging Alabama’s practice of suspending drivers licenses of individuals who fail to pay traffic tickets, arguing it violates the Fourteenth Amendment by “punishing persons simply because they are poor.” The SPLC filed a lawsuit against the Alabama Law Enforcement Agency (ALEA) last Monday in which it claims roughly 23,000 Alabamians are without a valid divers license because they’ve been unable to pay traffic tickets. “A suspended driver’s license has disastrous implications for individuals living in poverty,” said Micah West, SPLC senior staff attorney. “The U.S. Constitution prohibits the state from suspending a person’s driver’s license without first determining their ability to pay. Through this lawsuit, we hope to end this illegal practice in Alabama.” The lawsuit describes how, under an existing rule of criminal procedure, Alabama courts routinely suspend driver’s licenses for nonpayment of traffic tickets without prior notice, an inquiry into an individual’s ability to pay, or an express finding that nonpayment was willful, as required by the Due Process and Equal Protection Clauses to the U.S. Constitution. The ALEA carries out these suspensions and does not reinstate driver’s licenses until the individual has paid all outstanding fines and costs to the court. The SPLC filed the suit on behalf of three Alabama residents who had their licenses suspended. They seek a preliminary injunction to halt the practice while the case is before the court. Earlier this year, SPLC filed a lawsuit challenging similar practices in North Carolina and reached an agreement with the Mississippi last year that will result in the state lifting failure to pay suspensions for over 100,000 people. Lawsuits have also been filed challenging the suspension of driver’s licenses for nonpayment in Tennessee, Michigan, California and Virginia.
Judge sets March trial date for suit against former-Gov. Robert Bentley
Montgomery Circuit Judge Greg Griffin has set a March trial date for a lawsuit filed against former Alabama Gov. Robert Bentley by his former law enforcement chief Spencer Collier. According to the Associated Press, the trial is set for March 4. There, Collier’s team will argue he was wrongly fired by Bentley. The suit was filed in April 2016. The day after Collier was fired he accused Bentley of having an affair with an adviser Rebekah Mason. He alleges that Bentley and Mason made misleading statements to the media in an attempt to try and discredit him. “Their lies have hurt me financially, have severely damaged my reputation and they have made it their mission to permanently end my career in law enforcement,” Collier said in a 2016 statement. The lawsuit named four other defendants besides the Bentley campaign (Bentley for Governor, Inc.) Gov. Bentley himself, new ALEA Secretary Stan Stabler, Rebekah Mason, and the group through which she was paid, the Alabama Council for Excellent Government. Bentley ultimately resigned in April 2017, following allegations he used state resources to cover up an affair with Mason. Nevertheless, he continues to maintain his innocence saying Collier was fired with “cause.”
Bradley Byrne: Illegal immigration is illegal
There are no two ways about it. Illegal immigration is illegal. The images of a caravan of illegal immigrants trying to push across our southern border is deeply troubling. We have laws in the United States for a reason. Everyone is bound by the rule of law, and we must all abide by the law to live in a civil society. There are ways to enter our country through clear, legal processes that have been in place for decades, used by those that show respect for our country. To this end, there are hundreds of thousands of people from all around the world who gain citizenship every year. According the Pew Research Center, around 19.8 million naturalized citizens currently live in the United States. We are a nation of immigrants and are proud of that fact. But, there are correct, legal ways to become a citizen in our country. Amassing thousands and marching on our southern border, or even just one person crossing the border illegally, is not the right way to gain citizenship. No one is more frustrated by illegal immigration than those who followed the law and proper process to enter our country the right way. I’ve heard from these legal immigrants at various public meetings over the years, and they are some of the most passionate about strong border security. Many see it as a matter of fairness. I visited Honduras and Guatemala at the beginning of October to learn more about what is driving much of the illegal immigration. It is true that there is much corruption, crime, and hardship in Central America. But, it cannot be stressed enough: illegal immigration is illegal. Also according to the Pew Research Center, roughly 11.3 million illegal immigrants currently live in the United States, roughly 3.5 percent of our total population. It remains clear that our immigration system is broken and has been for some time. After years of ineffective policy and Democrat obstruction, it is time we come to a solution that works for the American people. Any immigration reform effort must start with border security. That is why I introduced the 50 Votes for the Wall Act, which creates a pathway to build President Donald Trump’s border wall and help secure our southern border. The bill creates a new mandatory spending program, providing up to $25 billion, to fully fund President Trump’s border wall. The bill directs this money be used by the secretary of Homeland Security to construct physical barriers and associated detection technology, roads, and lighting along the southern border. We have passed bills funding the wall out of the House previously, only to see those bills stall out in the Senate, where 60 votes are needed to pass wall funding. That’s why my bill would use the reconciliation process to build the wall. Under the reconciliation process, only 50 votes are necessary for passage of bills. This would allow us to overcome Democrat obstruction and provide the critical money to the Trump Administration that they need to protect our borders. Not only would my bill fully fund the wall, but it would take the wall building program out of the appropriations process and prevent Democrats from bottling up funding in future years. It is critically important that we pass my bill, the 50 Votes for the Wall Act, by the end of the year in order to help protect the American people and finally secure our southern border. Border security is national security. We must secure our borders if we are to secure our future as a country. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
2 a.m. press statement signals change from Hoover PD after shooting outrage
In the wake of a Thanksgiving night shooting at Alabama’s largest mall, the City of Hoover and its police department issued a joint statement minutes before 2 a.m. Monday promising transparency in their ongoing investigation. The incident, which occurred at the Riverchase Galleria in the Birmingham suburb of Hoover, took place shortly before 10 p.m. CT. It left a gunman dead as well as two individuals wounded. The shooting left Emantic Fitzgerald Bradford Jr. of Hueytown shot and killed. Hoover police had initially believed Bradford to be the shooter, with officers saying they saw him fleeing the scene while brandishing a handgun. But by Friday night, Hoover police issued a statement saying Bradford“likely did not fire the rounds” the injured the other two victims. They believe the actual gunman remains at large. On Saturday, more than 200 protesters marched through the Galleria chanting in protest of what happened to Bradford. There, they chanted “E.J.” and “no justice, no peace, no racist police,” holding signs that read “Emantic’s Life Matters.” Overnight the City of Hoover, in a joint statement with the Hoover Police Department, issued a statement addressing the ongoing investigation. “Our deepest sympathy and thoughts are extended to the families of those affected by the traumatic events surrounding the officer-involved shooting last Thursday evening, November 22, 2018. We extend sympathy to the family of Emantic J. Bradford of Hueytown, who was shot and killed during Hoover Police efforts to secure the scene in the seconds following the original altercation and shooting. The loss of human life is a tragedy under any circumstances,” read the statement. “Beginning today, we will provide weekly updates to news media each Monday by 10:30 a.m. Central time. We hope this helps keep the media and the public informed of what we know and are able to share without jeopardizing the investigation.” Read the full statement below: JOINT STATEMENT CITY OF HOOVER, ALABAMA AND THE HOOVER, ALABAMA POLICE DEPARTMENT OFFICER-INVOLVED SHOOTING ON NOVEMBER 22, 2018 (November 26, 2018) We want everyone who lives in, works in, works for, or visits Hoover to know that we are a city that puts safety and respect in the highest regard for all citizens. We will be transparent throughout the course of this investigation. Beginning today, we will provide weekly updates to news media each Monday by 10:30 a.m. Central time. We hope this helps keep the media and the public informed of what we know and are able to share without jeopardizing the investigation. We will also keep the public informed of any developments through our website and the social media pages belonging to the City and to the Police Department. Should significant developments occur prior to any given regular Monday update, we will provide that news as soon as we can. Our deepest sympathy and thoughts are extended to the families of those affected by the traumatic events surrounding the officer-involved shooting last Thursday evening, November 22, 2018. We extend sympathy to the family of Emantic Fitzgerald Bradford, Jr., of Hueytown, who was shot and killed during Hoover Police efforts to secure the scene in the seconds following the original altercation and shooting. The loss of human life is a tragedy under any circumstances. We can say with certainty Mr. Bradford brandished a gun during the seconds following the gunshots, which instantly heightened the sense of threat to approaching police officers responding to the chaotic scene. Body camera video and other available video was immediately turned over to the Jefferson County Sheriff’s Department as part of the investigation. Now, all evidence has been handed over to the Alabama Law Enforcement Agency (ALEA) to lead the investigation. Release of any video will be done as ALEA deems appropriate during the investigation. Our thoughts are also with the family of the 18-year-old young man who suffered gunshot wounds in the altercation between mall patrons, as well as the family of the 12-year-old girl who was an innocent bystander also wounded by gunfire in the initial shooting. These are just some of the many lives that were immediately impacted by an event so unnecessary on what should have been a peaceful Thanksgiving evening. We continue to support ALEA in its investigation of last Thursday’s tragic events, including pursuing the initial shooter who still remains at large. We have certain information about this individual and ask the public to provide ALEA with any available details that may hasten an arrest.
Midterms reveal South split along urban, rural differences
The Solid South is no more. A century of rule by “Southern Democrats” followed by a generation of Republican domination is evolving into something more complex. This month’s midterms revealed a South that is essentially splitting in two. In states like Georgia and Texas, population growth and strong minority turnout propelled liberal Democrats such as Stacey Abrams and Beto O’Rourke to come close to statewide victories once thought impossible. Yet the Old Confederacy states in between are mostly holding to form, with white majorities giving President Donald Trump high marks and conservatives a clear advantage going forward. An Associated Press analysis of election returns along with data from AP VoteCast, a national survey of more than 115,000 midterm voters, found two factors largely driving election outcomes. Competitive races required both a racially diverse electorate and Democratic success in building support from white voters in growing metro areas. One or the other wasn’t enough. For instance, Democratic hopes to make inroads in Kentucky and Tennessee failed because there weren’t enough minority voters to rely on. Meanwhile, the GOP maintained its grip on Alabama and Louisiana, states that have a significant minority population but where white voters in metro areas often voted in line with their rural counterparts. The same scenario could play out Tuesday in Mississippi’s runoff election for a Senate seat. That’s what makes Georgia and Texas stand out: The two factors were simultaneously in play to turn statewide elections competitive for the first time in a generation. That didn’t translate into victory for Abrams or O’Rourke, but the results could help Democrats navigate the upcoming debate over the type of presidential candidate to select. It could also help the party decide where to send financial and organizational resources. Trump, meanwhile, may have to pay more attention to places that have traditionally been loyal to the GOP. “The story is the rise of the Southern city centers and the surrounding areas,” said Republican pollster Brett Cowden, whose Alabama-based firm Cygnal has polled and led campaigns across the region. “People are moving there from all over, and they tend to be under 50 and college educated. Those are problem areas for Republicans.” Democrats are happy to embrace those changes, even if they’re not uniform. “What we’re talking about here is parts of the South starting to look like the rest of the battlegrounds around the country, where Democrats can stitch together a diverse coalition and win,” said Boyd Brown, a Democratic consultant and former state lawmaker from South Carolina. “But then we still have such a bad brand with small-town whites,” said Brown, who is white and comes from a rural part of the state. Virginia has already made a significant transition following decades of growth in the Washington suburbs that pushed the state from a GOP advantage to a two-party toss-up and now to the edge of becoming firmly Democratic. That trend could accelerate after Amazon picked Arlington, Virginia, as one of its new headquarters, potentially flooding the area with tens of thousands of new voters. At the other end of the spectrum is Mississippi, where the Old South’s racial politics has been on stark display ahead of the Senate runoff between Republican Cindy Hyde-Smith, who is white, and Democratic former Agriculture Secretary Mike Espy, who is black. Falling between Virginia and Mississippi is perpetual toss-up Florida; North Carolina, which has been a presidential battleground since 2008; and Georgia, which could debut as a presidential battleground in 2020 after Abrams’ got a surprising 49 percent of the vote in her bid to become America’s first black female governor. “Understand this is no longer a red state,” Abrams said in an interview, insisting the 2020 Democratic presidential nominee should “contest Georgia.” Texas is a wild card, with O’Rourke coming within 3 percentage points of Republican Sen. Ted Cruz in a state Trump won by 9 points in 2016. AP VoteCast, a nationwide survey of the American electorate conducted for The Associated Press by NORC at the University of Chicago, demonstrates the dynamic playing out across the South. Nationally, whites made up 74 percent of the electorate. Among small-town and rural whites (30 percent of the electorate), 63 percent backed a Republican House candidate, compared with 35 percent for Democrats. Suburban whites (33 percent of the electorate) split 51 percent for Republicans and 46 percent for Democrats. Urban whites (11 percent of the electorate) sided with Democrats, 57 percent to 40 percent. Whites in Virginia voted much like whites nationally, but the composition of the electorate was modestly different. Small-town and rural whites solidly supported Republicans but made up a slightly smaller share of the Virginia electorate compared with the electorate nationally. Suburban whites, meanwhile, were divided in their votes and were a slightly larger share. Georgia saw mixed results, with metro areas gaining strength, but whites in Georgia still leaning far more to Republicans than whites nationally. Abrams drew enough nonwhite voters and white liberals to the polls to outperform Hillary Clinton‘s 2016 presidential vote totals. But Abrams still fell about 55,000 votes short of Brian Kemp because of his nearly 3-to-1 advantage among whites. VoteCast showed 82 percent of small-town and rural white Georgians backed Republican House candidates. The Republican advantage was 68 percent to 30 percent among suburban whites. The margin among urban whites was narrow, 52 percent for Democrats to 46 percent for Republicans. Still, the long-term trends could be a warning sign for Republicans. Those rural whites cast 26 percent of ballots, and suburban whites cast 30 percent — both figures modestly lagging the national marks and likely to shrink as Democrats’ base in Atlanta grows. Tennessee showed Democrats’ reliance on nonwhite voters even where there is a growing metro area like Nashville. Whites in Tennessee trended slightly less Republican than in its neighbors to the south, but nonwhites made up just 17 percent of the electorate — compared with 38 percent in Georgia. The result: Democrat Phil Bredesen lost the Senate race by double digits.
FACT CHECK: Donald Trump myths on dipping oil prices, cold snaps
President Donald Trump is wrong when he suggests global warming can’t be happening if it’s really cold outside. He points to a “brutal and extended cold blast” in the Eastern U.S. during Thanksgiving week and wonders aloud to his Twitter followers, “Whatever happened to Global Warming?” In fact, he is confusing short-term weather patterns with longer-term climate change. A scientific report put out Friday by his own administration rejects as folly any notion that a particular plunge in temperatures can cast doubt on whether Earth is warming. Explaining his decision not to punish Saudi Arabia for the killing of a U.S.-based journalist, Trump also exaggerates the value of Saudi investments in the U.S. and expresses thanks to the kingdom — then himself — for spurring a recent decline in oil prices. Those claims are off the mark. A look at his recent rhetoric, also covering the courts, midterm elections and more. OIL PRICES TRUMP: “So great that oil prices are falling (thank you President T). Add that, which is like a big Tax Cut, to our other good Economic news. Inflation down (are you listening Fed)!” — tweet Sunday. TRUMP: “Oil prices getting lower. Great! Like a big Tax Cut for America and the World. Enjoy! $54, was just $82. Thank you to Saudi Arabia, but let’s go lower!” — tweet Wednesday. THE FACTS: Heaping praise on Saudi Arabia, then himself, for lower oil prices is a gross oversimplification. Oil prices, which peaked Oct. 3, have been falling on the realization that U.S. sanctions against Iran would not create a shortage and on fear that slower economic growth internationally will depress energy demand. Although the U.S. is now the world’s biggest oil producer, Saudi Arabia remains the biggest exporter. As a so-called swing producer with the ability to adjust production up or down relatively quickly, it can indeed influence the price of crude. But the market is far more complex than Trump suggests. Canada is actually the leading source of U.S. oil imports, for example, with Saudi Arabia second. ___ CLIMATE TRUMP: “This is the coldest weather in the history of the Thanksgiving Day Parade in NYC, and one of the coldest Thanksgivings on record!” — tweet Thursday. TRUMP: “Brutal and Extended Cold Blast could shatter ALL RECORDS – Whatever happened to Global Warming?” — tweet Wednesday. THE FACTS: Trump is conflating weather and climate. Weather is like mood, which changes daily. Climate is like personality, which is long term. The climate is warming, which still allows for record cold spells. On Friday, the White House produced the National Climate Assessment by scientists from 13 Trump administration agencies and outside scientists. It amounted to a slap in the face for those who question whether climate is changing. “Climate change is transforming where and how we live and presents growing challenges to human health and quality of life, the economy, and the natural systems that support us,” the report says. It details how global warming from the burning of coal, oil and gas is hurting each region of U.S. and different sectors of the economy. The report said the last few years have smashed U.S. records for damaging weather, already costing nearly $400 billion since 2015, and projects increased deaths and disease. The White House report swept aside the idea, already discredited, that a particular plunge in temperatures can cast uncertainty on whether Earth is warming. It says more than 90 percent of current warming is caused by humans: “There are no credible alternative human or natural explanations supported by the observational evidence.” “Over shorter timescales and smaller geographic regions, the influence of natural variability can be larger than the influence of human activity,” the report says. “Over climate timescales of multiple decades, however, global temperature continues to steadily increase.” In other words, there are cold days in a warming climate. ___ THE COURTS TRUMP: “Justice Roberts can say what he wants, but the 9th Circuit is a complete & total disaster. It is out of control, has a horrible reputation, is overturned more than any Circuit in the Country, 79%, & is used to get an almost guaranteed result.” — tweet Thursday. TRUMP: “It would be great if the 9th Circuit was indeed an “independent judiciary,” but if it is why … are so are so many opposing view (on Border and Safety) cases filed there, and why are a vast number of those cases overturned. Please study the numbers, they are shocking.” — tweets Wednesday. THE FACTS: He’s incorrect in suggesting that rulings by the 9th U.S. Circuit Court of Appeals in San Francisco are reversed by the Supreme Court more frequently than those of any other federal appeals court. His description of the “shocking” number of overturned cases in the 9th Circuit belies the nature of the appeals system. When the Supreme Court hears a case, it is more likely to overturn it than not. It does so about two-thirds of the time. In the last term, the Supreme Court overturned 100 percent of the decisions of the 1st Circuit in Boston, the 3rd Circuit in Philadelphia and the 6th Circuit in Cincinnati. For the 9th Circuit, 86 percent were overturned. Over the past five years, the Supreme Court overturned a greater percentage of rulings from the 3rd Circuit (92.3 percent), the 6th Circuit (85.1 percent) and the Atlanta-based 11th Circuit (81.8 percent) than from the 9th (77.4 percent), according to The Associated Press’ analysis of statistics from the legal website Scotusblog. The 9th is by far the largest of the 13 federal courts of appeals, covering Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. That means that in raw numbers, more cases are heard and reversed from the 9th year in and year out. But that does not make it the most frequently overturned. On Monday, U.S. District Judge Jon Tigar, who’d been nominated by Democratic President Barack Obama, temporarily barred the Trump administration from refusing asylum to immigrants who cross the southern border
In Birmingham’s skyline, empty offices become more common
Cutbacks at major businesses and stagnant job growth are expected to create more than 1.1 million square feet of empty office space in downtown Birmingham by year’s end. Birmingham’s Central Business District is the largest office submarket in the metro area, with about 6 million square feet of office space, Al.com reported . A large part of that space is in the city’s high-rise buildings. At the end of this year’s third quarter, 12.3 percent of office space in the Central Business District was vacant. That’s about 740,000 square feet of office space sitting empty, according to Cushman & Wakefield / EGS Commercial Real Estate. “We are in a reduce, reuse, recycle phase in the office market,” said Emily Byrd, a commercial broker with Corporate Realty Associates. “Due to the changing landscape of downtown and the evolution of how companies use space, we have a number of buildings that are either in need of updating or not being utilized for their highest and best use,” Byrd said. Two banks — Regions and Wells Fargo — are reducing their presence in the downtown core, Al.com reported. About 200,000 square feet of space was vacated by Regions in the Regions-Harbert Plaza. The company moved into renovated offices at Regions headquarters on Fifth Avenue North. Also, Wells Fargo is cutting about 100,000 square feet of space in downtown next year, brokers said. Energen will vacate its 130,000-square-foot headquarters in the downtown core after its acquisition by Texas-based Diamondback Energy is finalized later this month. Downtown Birmingham will likely see more than a 1 million square feet of empty office space because of stagnant job growth, said Brad Jones, senior vice president of Cushman & Wakefield / EGS Commercial Real Estate. “We keep seeing jobs going to other cities,” he said. The Birmingham-Hoover metro has only seen 1 percent job growth over the last year, according to the U.S. Bureau of Labor Statistics. “We would be able to do more deals if we could figure out how to increase the number of jobs in the city,” Jones said. Also, in general, companies don’t need as much office space as they did a decade ago, Al.com reported. In the past, companies would lease 350 square feet per employee. Now, due to open-concept offices they need as little as 180 square feet per employee, said William Ledbetter, a broker with Cushman & Wakefield / EGS Commercial Real Estate. Republished with permission from the Associated Press.
