|
Friends and Neighbors,
It's officially Black History Month! Below, I have shared some of Oregon's own Black history, and Governor Kotek's official proclamation for Black History Month. I've also linked to my remarks about the murder of Tyre Nichols, and what Oregon has done thus far for police reform.
Oregon's Fraught Origins
Did you know that the state of Oregon began life as a "Whites Only" state?
On June 18, 1844, the Provisional Government passed the territory's first Black exclusion law. This law included penalties for any Black people that tried to settle in the territory — whipped in public with thirty-nine lashes and repeated every six months until the person left Oregon. Six months later, on December 19, the law was changed to no longer include whipping as punishment for Black people settling in the Oregon territory. Instead, they would be forced to do public labor — slavery in all but name. (The exclusion law was enforced only once. Jacob Vanderpool was expelled on September 2, 1851.)
Five years later, on September 21, 1849, the Oregon Territorial Legislature passed a further exclusion law that prohibited "...negro or mulatto to enter into, or reside within the limits of this Territory." Families of color already residing in the territory were not subject to the new ruling.
In 1854, any person of color was barred from providing testimony in proceedings that involved a white person. Three years later, on November 9, 1857, Oregonians approved their state constitution. The adopted constitution made it illegal for Black people to own real estate, make contracts, vote, or use the legal system. And they still were barred from residing in the state.
Oregon banned interracial marriage in 1862, and the state also imposed an annual tax of $5 on Black, Chinese, Hawaiian, and other communities of color. (Five dollars in 1862 is the equivalent of about $1,950 in today's currency.) Those unable to pay the exorbitant tax were forced to perform road maintenance. Again, slavery in all but name.
Finally, on September 19, 1866, Oregon's exclusion law was rendered irrelevant by the ratification of the Fourteenth Amendment (the rights of citizenship), though it remained in the state constitution until 1926.
Celebrating Oregon's Black History
While Oregon began life as a "Whites Only" state, Black people who made the state their home soon set to work leaving their mark on society and the state's history. Here are some of the highlights from the twentieth century:
Early Twentieth Century
In 1903, a newspaper name The Advocate began weekly publication. Its mission was to provide for the "intelligent discussion and authentic diffusion of matters appertaining to the colored people, especially of Portland and the State of Oregon." It included items such as births, deaths, marriage announcements, editorials, job announcements, civil rights issues, and more.
A year later, in 1904, George Hardin became the first Black man in Portland to be named as a police officer. Ten years later (1914), Portland's chapter of the NAACP was founded and to this day it remains the oldest, continuously chartered chapter west of the Mississippi.
 |
|
In 1922, Beatrice Cannady became the first Black woman to graduate from Lewis & Clark Law School.
In 1926, the exclusionary clause was removed from the state's constitution, and a year later, the constitution was amended to remove the voting restrictions against the Black and Chinese communities.
|
Beatrice Cannady (1890 - 1974)
Mid-Twentieth Century
It took a long time, but in 1951 Oregon finally repealed the law prohibiting interracial marriage. Two years later, Oregon's Civil Rights Bill was signed into law by Governor Paul L. Patterson, which made Oregon the twenty-first state in the union to pass legislation outlawing discrimination in public places. Oregon followed this in 1957 with the Fair Housing Act (though red-lining continued to exist until the 1990s).
 Proponents of Oregon's 1953 Civil Rights Bill pose for a photo on the House floor. Photo courtesy of Oregon Historical Society.
Government Trailblazers
In 1972, Bill McCoy became the first Black man elected to the Oregon Legislature. After serving one term in the House, he served in the Oregon Senate until his death in 1996. One of his first actions in the legislature was to introduce House Resolution 13, which ratified the Fourteenth Amendment (rights of citizens and citizenship) to the U.S. Constitution. (Oregon had never formally ratified the Fourteenth Amendment after rescinding a previous ratification.) North Portland and much of Northeast Portland in House District 44 were included in his original constituency, and I'm grateful to follow in his footsteps all these years later.
In 1984, Margaret Carter was the first Black woman to be elected to the Oregon Legislature, where she served for twenty-eight years. She championed summer education programs for kids, ended state-controlled investments in South Africa during apartheid, and led legislation for the state to observe Martin Luther King Jr. Day.
In 1992, James A. Hill, Jr. was the first Black person elected to statewide office as State Treasurer.
After five years in the State House of Representatives, Avel Gordly became the first Black woman elected to the Oregon State Senate in 1996, where she served until 2009. Avel left a legacy of equity and cultural competency in health, environment, and education.
Jo Ann Hardesty (née Bowman) succeeded Avel Gordly and served as the Representative of House District 19 in the Oregon House for six years. She is someone I look up to, and I'm honored that her former desk on the House floor is now my desk.
Senator Jackie Winters was someone I admired greatly and she led a full life as a trailblazing state senator, restauranteur, and advocate for good government and second chances. She was a resident of Vanport as a child, and you can listen to her speak about her childhood experience in Portland here.
I'm honored to follow in the trail Bill, Margaret, James, Avel, Jo Ann, and Jackie blazed, and to be a part of the largest BIPOC Caucus the state legislature has ever seen. At last, the makeup of our state government is beginning to reflect the makeup of our wonderful state.
Tyre Nichols
Earlier this week, I delivered remarks on the House floor about the murder of Tyre Nichols. While I did reach my time limit, my colleague, Rep. David Gomberg, kindly finished my speech during his allotted time. Oregon is ahead of the curve on police reform, but we still have work to do. You can find the full video of my remarks here.
What We've Done
The Oregon State Legislature has made strides in recent years regarding police reform and accountability, and reigning in the excessive use of force. Below are some bills passed in the 2021 Legislative Session that are now in effect:
Military Surplus Equipment
In response to the growing militarization of local police agencies and use of military-style gear being used against protestors, HB 2481 prohibits jurisdictions from receiving certain military-grade equipment from the federal government.
Duty To Act — Constricted Airways
HB 2513requires law enforcement officers be trained in airway and circulatory anatomy and physiology and certified in cardiopulmonary resuscitation. Importantly, the bill requires officers to call emergency response if someone who is restrained shows signs of respiratory distress.
Duty To Report
HB 2929 strengths requirements for reporting police misconduct and violation of agency standards within 72 hours, building off of HB 4205 from the 2020 special session. Further, the bill directs the Department of Public Safety Standards and Training (DPSST) to establish and maintain a form for reports of misconduct or violation of standards.
Report and Disclose Use of Force
HB 2932 directs law enforcement units to participate in National Use-of-Force Data Collection operated by the FBI, and for the Criminal Justice Commission to analyze the data.
Officer Background Checks
HB 2936 strengthens background checks for law enforcement officers, including character assessments and views on race and ethnicity. It instructs agencies to develop social media policies. Requires DPSST to create a uniform background check. The bill also states affirmatively that racism has no place in public safety.
Investigations of Gender-Bias Crimes
All law enforcement officers in Oregon go through training and certification at the Department of Public Safety Standards and Training (DPSST). HB 2986 adds a requirement that all officers go through training related to investigation, identifying, and reporting crimes motivated by prejudice based on perceived gender of the victim. This adds to existing training on bias crimes related to a labor organization, physical or mental disability, age, economic or social status or citizenship of the victim.
Protecting Freedom of Assembly and Speech
Currently, Oregon law requires law enforcement officers to arrest protestors if an unlawful assembly is declared and they fail to disperse. HB 3059 removes the requirement that protestors be arrested, providing for more flexibility and the freer exercise of protected speech and assembly.
Reform to "Interfering with a Police Officer"
During the protests of 2020, the press covered the police use of the charge "interfering with a police officer" as a kind of catch-all to arrest protestors and people experiencing houselessness. HB 3164 limits the use of this charge to only apply to circumstances when an officer is performing duties regarding another person or conducting a criminal investigation and the behavior prevents the performance of said duties. It also prohibits the arrest of a person for interfering with a peace officer for conduct that would constitute any other criminal offense.
Police Identification
HB 3355 creates transparency by specifying what identification must be on a law enforcement officer's uniform and gear during crowd management situations, such as protests. Applies to cities with more than 60,000 residents.
Civilian Oversight
SB 621 establishes local civilian oversight boards to oversee disciplinary matters concerning law enforcement.
Transparency in Oversight
SB 204 gives the public access to police reports to civil oversight boards to increase transparency and accountability.
Coerced Confessions
In short, SB 418 says that the police can't lie to youth in order to coerce a confession. The bill creates a rebuttable presumption that a statement made by a person under 18 years of age, during custodial interview in a criminal investigation, is involuntary if a member of law enforcement intentionally used false information to elicit a statement.
Police Arbitration
HB 2930 establishes the Commission on Statewide Law Enforcement Standards of Conduct and Discipline to adopt uniform standards of conduct for law enforcement officers and disciplinary standards by which law enforcement agencies, civilian or community oversight boards, agencies or review bodies and arbitrators shall make determinations regarding imposition of disciplinary action against law enforcement officers.
Bias Training in Private Security
HB 2527creates a new licensing program requirement for private security entities and training to prevent bias, discrimination, and harassment.
Trauma-Informed Policing
HB 2575 ensures police have training to provide a trauma-informed response to best meet the needs of the public and build community trust.
Discipline Transparency
HB 3145 requires law enforcement agencies to report any discipline resulting in economic sanctions against an officer to the Department of Public Safety Standards and Training (DPSST) for publication on their database.
Gov. Kotek's Black History Month Proclamation
 |
|
On February 2, I had the pleasure of joining Governor Tina Kotek as she officially declared this February as Black History Month. The Oregon Commission on Black Affairs (OCBA) was in attendance for the signing and delivered brief remarks as well. OCBA's mission is to work for the implementation and establishment of economic, social, legal and political equality for Oregon's African American and Black communities. I have a seat on the commission as part of my legislative duties and will be listening to their recommendations this legislative session. |
This was her first proclamation signing since being sworn in as Governor last month. I'm proud that Oregon's Governor is such a strong ally for the BIPOC community. I look forward to working with her to move Oregon forward.
If, like me, you're feeling weighed down by the news this week, and by the grief of yet another preventable death, know that you are not alone. Give that feeling room to exist and let it move through you. But please don't let it dim your own light, your own drive to seek change in our community. We need every single one of you. I'm grateful for each of you, and for your engagement with our history, our community, and our state government.
Please reach out to my office if you have any questions or concerns about the current legislative session.
 Travis Nelson
State Representative
House District 44
Capitol Phone: 503-986-1444
Capitol Address: 900 Court St. NE, H-275, Salem, Oregon 97301
Email: Rep.TravisNelson@oregonlegislature.gov
Website: http://www.oregonlegislature.gov/nelson
| 
