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marym625
marym625's Journal
marym625's Journal
November 1, 2015
Not An Orphan
From their local news:
Besides representing the girls, Shakara, 16 and Niya Kenny, who is 18, against these ridiculous charges, State Representative Rutherford (D) will try to change the law that allowed for these arrests.
Cast and other injuries
Reuters
This law was enacted back in 1962. It pretty much gives SROs carte blanche to arrest and manhandle students, children and adults alike. It is unconstitutionally broad and can lead to a $1,000 fine and 90 days behind bars. 90 days behind bars for looking at your phone during class. That's a level of fucked up that is beyond comprehension to me.
It seems that, in some cases, the law is being used instead of teachers and administrators actually doing their jobs.
There is no debate, with me anyway, that Ben Fields should never have been allowed in a school in the first place. But when a person in authority at a school doesn't know how to pick her/his battle during class, there's more of a problem than a student looking at her phone and then refusing to leave the room. Move on and deal with it after class.
In another post I stated that being a child today must be hell. Over crowded classrooms, books are outdated, filled with false information or none at all on certain subjects, (the May Lai Massacre, for instance, has been removed from some text books, slaves referred to as immigrants in some. Talk about whitewashing history!) cops in the schools, the constant worry and all too many threats to "shoot up the school," not trusted to even take an aspirin, no tolerance for anything, to the point of kids being suspended for staring at each other. Just insane stuff.
And in South Carolina, you can go to jail for looking at your phone during class.
These things cannot do anything positive for a child's emotional health, mental stability or the ability to concentrate and learn.
For now, we know that Shakara needs our support. The gofundme set up by Rutherford is a great way to help if you're able. https://www.gofundme.com/7w7h7cvw But writing something positive, encouraging or just a hello to let her know she's not alone, is also a nice way to go.
Law offices of Todd Rutherford, 2113 park st, Columbia, SC 29201
Racism is rampant in our society. This incident, this act of terror against these kids, shows just how far we have to go. We must not allow this to happen any longer. Our voices make a difference and we must be loud, clear and unstoppable in our fight against racism and police brutality.
-------------------------------------------------
Further information:
Bill to amend law from 2010, still sitting in committee
http://www.scstatehouse.gov/sess119_2011-2012/bills/3203.htm
Title 16 Chapter 17.420
SECTION 16-17-420. Disturbing schools; summary court jurisdiction.
(A) It shall be unlawful:
(1) for any person wilfully or unnecessarily (a) to interfere with or to disturb in any way or in any place the students or teachers of any school or college in this State, (b) to loiter about such school or college premises or (c) to act in an obnoxious manner thereon; or
(2) for any person to (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge.
(B) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, on conviction thereof, shall pay a fine of not more than one thousand dollars or be imprisoned in the county jail for not more than ninety days.
(C) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section. If the person is a child as defined by Section 63-19-20, jurisdiction must remain vested in the Family Court.
HISTORY: 1962 Code Section 16-551; 1952 Code Section 16-551; 1942 Code Section 1129; 1932 Code Section 1129; Cr. C. '22 Section 28; 1919 (31) 239; 1968 (55) 2308; 1972 (57) 2620; 2010 Act No. 273, Section 12, eff June 2, 2010.
http://www.scstatehouse.gov/code/t16c017.php
#Bernie2016
Her name is Shakara and she has a broken arm.
Todd Rutherford, the House Minority leader in South Carolina, is representing Shakara, the girl thrown around like a rag doll by former SRO, Ben Fields.
The New York Daily News erroneously reported that the girl, now known by her first name, Shakara, was an orphan. Shakara's mother and grandmother are both alive and have met with Rep. Rutherford.
Rutherford also stated that Shakara is not an orphan, which was widely reported. Both Shakara’s mother and grandmother are alive. Apparently, a New York Daily News article misquoted Rutherford and the misinformation spread throughout the national media narrative. But one piece of her story is apparently true, she is in foster care. The young girl has been charged with disturbing school, a unique South Carolina law. She faces up to 90 days in jail and up to $1,000 fine. A GoFundMe page has been set up and $26,964 was raised in 12 hours.
(bold added by me)
Not An Orphan
From their local news:
"When he grabbed her around the neck and threw her chair back and tossed her across the classroom," Rutherford said, "I was shocked. I had no words because that was something that simply should not happen. It was a classroom. We’re not talking about a roadside setting where you’re worried about the safety of an officer, we’re not talking about any setting where the officer’s safety is in jeopardy and he needs to make sure he controls the situation. It was a classroom."
Besides representing the girls, Shakara, 16 and Niya Kenny, who is 18, against these ridiculous charges, State Representative Rutherford (D) will try to change the law that allowed for these arrests.
"Niya was arrested for saying 'is anybody going to do anything about this? How wrong is this? What is going on here, why is nobody stopping this?'" Rutherford said. "It was disturbing to hear Niya say that when he entered the room she knew that something was going to happen because they call him [Ben Fields] 'Officer Slam.' And all the other kids took their cell phones out because they knew something was going to happen. That’s wrong on so many levels."
"We passed that law several years ago and when we did arrests of students shot through the roof," he said. "They were getting arrested for everything because it meets with the statute. The statute is unconstitutionally broad, and everyone knows it. The legislature needs to take action, and make sure our students are not the targets of rogue police officers called “Officer Slam” who are going to walk in and brutalize them at a moment’s notice."
Cast and other injuries
During the 2013-2014 school year, 1,189 students were referred to the state's Department of Juvenile Justice for the offense. That figure does not include teens charged as adults.
"A child simply looking at a phone is enough to bring in law enforcement," said Democratic state Representative Joe Neal. "Any infraction perceived by any authority in the school can be covered."
Reuters
This law was enacted back in 1962. It pretty much gives SROs carte blanche to arrest and manhandle students, children and adults alike. It is unconstitutionally broad and can lead to a $1,000 fine and 90 days behind bars. 90 days behind bars for looking at your phone during class. That's a level of fucked up that is beyond comprehension to me.
It seems that, in some cases, the law is being used instead of teachers and administrators actually doing their jobs.
There is no debate, with me anyway, that Ben Fields should never have been allowed in a school in the first place. But when a person in authority at a school doesn't know how to pick her/his battle during class, there's more of a problem than a student looking at her phone and then refusing to leave the room. Move on and deal with it after class.
In another post I stated that being a child today must be hell. Over crowded classrooms, books are outdated, filled with false information or none at all on certain subjects, (the May Lai Massacre, for instance, has been removed from some text books, slaves referred to as immigrants in some. Talk about whitewashing history!) cops in the schools, the constant worry and all too many threats to "shoot up the school," not trusted to even take an aspirin, no tolerance for anything, to the point of kids being suspended for staring at each other. Just insane stuff.
And in South Carolina, you can go to jail for looking at your phone during class.
These things cannot do anything positive for a child's emotional health, mental stability or the ability to concentrate and learn.
For now, we know that Shakara needs our support. The gofundme set up by Rutherford is a great way to help if you're able. https://www.gofundme.com/7w7h7cvw But writing something positive, encouraging or just a hello to let her know she's not alone, is also a nice way to go.
Law offices of Todd Rutherford, 2113 park st, Columbia, SC 29201
Racism is rampant in our society. This incident, this act of terror against these kids, shows just how far we have to go. We must not allow this to happen any longer. Our voices make a difference and we must be loud, clear and unstoppable in our fight against racism and police brutality.
-------------------------------------------------
Further information:
Bill to amend law from 2010, still sitting in committee
http://www.scstatehouse.gov/sess119_2011-2012/bills/3203.htm
Title 16 Chapter 17.420
SECTION 16-17-420. Disturbing schools; summary court jurisdiction.
(A) It shall be unlawful:
(1) for any person wilfully or unnecessarily (a) to interfere with or to disturb in any way or in any place the students or teachers of any school or college in this State, (b) to loiter about such school or college premises or (c) to act in an obnoxious manner thereon; or
(2) for any person to (a) enter upon any such school or college premises or (b) loiter around the premises, except on business, without the permission of the principal or president in charge.
(B) Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, on conviction thereof, shall pay a fine of not more than one thousand dollars or be imprisoned in the county jail for not more than ninety days.
(C) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section. If the person is a child as defined by Section 63-19-20, jurisdiction must remain vested in the Family Court.
HISTORY: 1962 Code Section 16-551; 1952 Code Section 16-551; 1942 Code Section 1129; 1932 Code Section 1129; Cr. C. '22 Section 28; 1919 (31) 239; 1968 (55) 2308; 1972 (57) 2620; 2010 Act No. 273, Section 12, eff June 2, 2010.
http://www.scstatehouse.gov/code/t16c017.php
#Bernie2016
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Name: Mary MathieuGender: Female
Hometown: Chicago
Member since: Wed Sep 12, 2012, 09:25 PM
Number of posts: 17,997
