Hired Guns: Part 2

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Part 2: Red Cross Store Blues

When I was a kid there was a lot of empty time. My Dad had a set of Leadbelly’s Last Sessions and I’d put them on the record player when no one was home because if you were a little kid using the adult record player you would get an ass beating. Huddie Ledbetter was himself part of the great black exodus from the South, leaving Texas after serving a prison sentence in Louisiana.

Towns across America were viciously racist in the early 20th Century, and few protests capture the times better than Leadbelly’s Red Cross Store Blues, a song in which the protagonist refuses to be snookered by the Red Cross welfare stores to enlist in a war he has no intention of joining. The other giant of the early blues era and a World War I veteran, Bill Broonzy, was even more to the point with Black, Brown and White.

The work of great blues musicians may seem irrelevant to cyclists pedaling through a rich white town a century later, but the tools put in place to oppress blacks in PV Estates almost a hundred years ago have proven equally effective at harassing another group of undesirables: Bicyclists.

There is disagreement about why so many PV Estates residents so virulently oppose bicycling. My opinion is a minority one, but it has the advantage of being backed by over four hundred years of history: The city’s behavior is rooted in racism.

We don’t have to go back to the slave ships to understand how important racism was to the founding of PV Estates, as well as the founding and maintenance of its police force. The city’s founders spelled it out, quite literally, in black and in white. Their founding document? Racially restrictive deed covenants that forbade the sale of property to non-whites.

In this regard PV Estates was no different from hundreds of other communities across America, and its origins are indistinguishable from California’s other richest and whitest coastal communities. Of the 13,438 people who lived in PV Estates as of the last census, 161 were black. That’s 1.2 percent. This segregation of the races was inherent in the development of the community and countless others like it. Leadbelly and Broonzy would recognize PV Estates today at a glance for the “sundown town” that it is.

Even though we take vague comfort (as long as we’re white) that in some ways race relationships in America have changed since PV Estates was created as a subdivision in 1923, in some fundamental ways those relationships haven’t. I always assumed that PV Estates, like the urban Texas cities I grew up in, was racist. But it wasn’t until I got embroiled in the Great Bicycle Gang Imbroglio that I began to understand that PV Estates wasn’t casually, or accidentally, or coincidentally racist. It was methodically laid out, planned, and executed as a racist community. But as with so much else in our national fabric, to understand how important racial purity was for the founders of the city, you have to turn to law, and you have to understand that PV Estates’ desire to remain racially pure was not unique, special, or unusual. A look into PV Estate’s founding mythology of racial purity is a click away on the Supreme Court’s 1917 decision of Buchanan v. Warley.

Gazing back a century to 1917 it’s almost impossible to use the right lens. Rather than focusing on the future they didn’t yet know – computers, phones, air travel for the masses, television, video cameras, full carbon bikes that are 100% pure carbon, or even bicycles with gears – it’s a lot easier to focus on what their recent past was. The year 1917 was only fifty-two years after the Civil War. 1865 was to them as 1965 is to us: Recent history to most, living history to many, and still redolent with personal recollection and experience.

Americans were still struggling with the awesome weight of understanding the Thirteenth and Fourteenth Amendments to the U.S. Constitution: Blacks were people, citizens, the equal of whites, and entitled to the same rights. Much of that “understanding” though involved a low-grade, unending war against implementing those guarantees, and no place was a more bitter battleground than the U.S. Supreme Court.

Joseph McKenna, Oliver Wendell Holmes, William Day, Edward Douglass White, Willis Van Devanter, Mahlon Pitney, James Clark McReynolds, and John Hessin Clark were on the U.S. Supreme Court when lawyers argued Buchanan v. Warley. All were northerners except for McReynolds (Kentucky), and White (Louisiana). Louis Brandeis had not yet been confirmed at the time of oral argument and was nominally from Kentucky, but raised in a Jewish family from Prague that valued German culture and that prized Schumann and Schiller as dinner time conversation topics, it’s safe to say that his childhood had little in common with the redneck state in which he was raised.

This constellation of justices, that included two of the greatest jurists to ever sit on the court, rendered the opinion in Buchanan v. Warley, which confronted a simple issue: Can a white man sell property to a black man even though the city of Louisville had an ordinance prohibiting it? It was a test case set up by the NAACP to fight the new wave of segregation that was crashing like a giant close-out over the cities that were absorbing the great black migration from south to north.

Justice William Day, writing for the majority, was no slouch. In his nineteen-year tenure on the court he penned over four hundred opinions, of which only eighteen were dissents. He was an enemy of large corporations and voted with antitrust majorities throughout his time as a justice. But it was nonetheless surprising when he ruled that ordinances prohibiting blacks from owning property in white neighborhoods were unconstitutional.

The decision sent shock waves through the nation. It was the first time in the prior thirty-eight cases that had come before the court regarding civil rights that the court had ruled in favor of blacks. And although the racist south was most deeply entrenched fighting the Fourteenth Amendment, few if any northern or western communities in America wanted to integrate either, and a quick review of PV Estates’ 2010 census data shows that for this enclave at least, little has changed. “If you’re black, oh brother, get back, get back, get back.”

But in those days when questions of race were still so close to the carnage of the Civil War, and the status of blacks had only been elevated in principle rather than in fact, racists felt no qualms about putting their bestial arguments into Supreme Court briefs. Justice Day noted “That there exists a serious and difficult problem arising from a feeling of race hostility which the law is powerless to control, and to which it must give a measure of consideration, may be freely admitted.” This is of course the mantra of the anti-politically correct, or the Trumpers of 2017, a hundred years later: We hate blacks and the law can’t stop us from hating them.

Yet Justice Day was not hobbled by this reality as he considered and then struck down the racist arguments supporting discrimination in housing sales: “It is the purpose of such enactments, and, it is frankly avowed, it will be their ultimate effect, to require by law, at least in residential districts, the compulsory separation of the races on account of color. Such action is said to be essential to the maintenance of the purity of the races, although it is to be noted in the ordinance under consideration that the employment of colored servants in white families is permitted, and nearby residences of colored persons not coming within the blocks, as defined in the ordinance, are not prohibited.” The racists wanted separation of the races but, apparently, not when it came to their servants. This parallel in PV Estates is evident any weekday on countless city streets, where Hispanic workers tend the yards on condition that they leave the city at day’s end. Justice Day made clear that the case was not one of maintaining racial purity, but a white man’s right to sell his property to a black man if he saw fit, and vice versa.

The appellants argued that the proposed segregation would promote the public peace by preventing race conflicts. “Desirable as this is, and important as is the preservation of the public peace, this aim cannot be accomplished by laws or ordinances which deny rights created or protected by the Federal Constitution,” was Day’s curt response.

Finally, Day rebutted the racists’ strongest suit, one that PV Estates residents still bandy about today — property values: “It is said that such acquisitions by colored persons depreciate property owned in the neighborhood by white persons. But property may be acquired by undesirable white neighbors or put to disagreeable though lawful uses with like results.”

And just like that, the constitutionality of these ordinances was tossed on the rubbish heap.

If only racism could have been tossed on the rubbish heap with it.

END

*Note: I’m cobbling this together in fits and starts and am only up to Part 2. The next three installments will be published next week. In the meantime, back to our regular bike racing programming nonesuch and whatnot and etcetera.

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