The Color of Law | Richard Rothstein | Talks at Google

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HALIMAH DELAINE PRADO: So please welcome Richard Rothstein. [APPLAUSE] RICHARD ROTHSTEIN: Thank you very much, Halimah. And thanks to all of you for coming today to engage in this conversation with me. In the 20th century, this country made a commitment to abolish racial segregation. We began-- Halimah mentioned I'm affiliated with the NAACP Legal Defense Fund. The Legal Defense Fund began by challenging racial segregation in law schools because it figured that if judges could understand nothing else, they could understand you couldn't get a good legal education in a segregated law school. So they attacked segregation in law schools, desegregated law schools, then went on to other institutions of higher education. As you probably all know, in 1954 then, they abolished segregation in elementary and secondary schools with the Supreme Court decision in "Brown versus Board of Education." And then in the 1960s, a series of civil rights laws abolished racial segregation in everything from water fountains, to buses, to public accommodations, restaurants. We understood-- we came to an understanding in this country that racial segregation was wrong, it was harmful, and it was unconstitutional. And yet, we have abolished segregation in all these areas and left untouched the biggest segregation of all, which is that every metropolitan area in this country is residentially segregated by race. I've lived in many of them. Everyone I've lived in was segregated by race. We all accept it as part of the natural environment despite the fact that we came to the conclusion that racial segregation was wrong, harmful, and unconstitutional. This is part of the natural environment that we all accept and have done nothing about. We have no-- had no civil rights movements engaged in trying to desegregate neighborhoods. There's no activism. There's no legislation. It's not on our radar screen. And the reason for that, I think, is not hard to understand. At least one is that it's much harder to abolish racial segregation in neighborhoods than it is any of these other areas that I talked about. If we abolish segregation in water fountains, the next day, people can drink from any water fountain. We abolish segregation in buses, you can sit anywhere you want on a bus. But if we abolish segregation in neighborhoods, the next day things wouldn't look much different. It's much harder to undo once we've established racial segregation. So in order to rationalize, justify to ourselves the fact that despite the fact that we understand that racial segregation is wrong, harmful, unconstitutional, and inconsistent with a democratic society, we've adopted the rationalization to justify the fact that we haven't done anything about it. And we call that rationalization. It's something, a term that I'm sure you're all familiar with. We say we have de facto segregation, that the segregation of neighborhoods unlike any of these other segregations I talked about, was not created by government, it wasn't created by laws, or by regulations, or by public policy. It's just sort of something that happened. It happened because of people's personal choices. They like to live with each other of the same race. Or it happened because private homeowners refuse to sell to people of an opposite race, particularly whites refusing to sell to blacks. Or it happened because maybe real estate agents, rogue real estate agents, steered opposite race families to different neighborhoods. Or banks discriminated in the way they lended. All of these accidental decisions that government had nothing to do with and that resulted in segregation of every city in this country, every metropolitan area in this country. And because it happened by accident, the Supreme Court has said there's nothing we can do about it. As Halimah said, I was a specialist in education policy, and I got started on this investigation, which led to the book "The Color Of Law" when I read the Supreme Court decision in 2007 that prohibited the school districts of Louisville and Seattle from a very, very token school desegregation plan. In both cities, the school districts had adopted a choice plan where parents, particularly parents of adolescents, could choose which high school their child would go to. But if the choice would exacerbate racial segregation, that choice would not be honored in favor of the choice of a child who would help to integrate the school. So if you had a school that was overwhelmingly white and there was one place left, and both a black and a white child applied for it, let the black child be given some preference. And the Supreme Court said you couldn't do it. It was a violation of the Constitution to implement this very, very token integration plan. You couldn't imagine the more trivial plan. Most adolescences, as you probably know, don't want to go to the school outside their own neighborhoods and away from their friends. And on top of that, the cases where you have one place left and two children, one black, one white, applies for it is trivial. But the Supreme Court said you couldn't do it. And the reason the Supreme Court said you couldn't do it is that the schools in Louisville and Seattle are segregated because the neighborhoods in which they're located are segregated. Well, I agree with that. That is the reason we have racial segregation in schools everywhere. In fact, racial segregation in schools is now more intense than it ever has been in history, more segregation than we've ever had before, because the neighborhoods in which they're located are segregated. But the Supreme Court went on. The segregation of neighborhoods in Louisville and Seattle was not created by government. It's de facto segregation. It was created by accident, by all of these individual decisions that I talked about. And that would be a violation to recognize a child's race to remedy something that wasn't created by a racial policy of the government. It was de facto segregation. And I remembered reading about it. I read this case in Louisville and Seattle. And I remembered reading a case that took place in Louisville where a white homeowner in a suburb of Louisville, called Shively, had a friend who is an African-American Navy veteran, a middle class with income, who wanted to move to a suburb to get better housing for his family, and no realtor would sell him a home. So this white homeowner bought another home in his own suburb, resold it to the African-American. And when the African-American and his family moved in, a mob surrounded the home, protected by the police, the mob stoned the home, broke windows, eventually dynamited and firebombed the home. And when this riot was over, the state of Kentucky arrested, tried, convicted, and jailed, with a 15-year sentence, the white homeowner for sedition. And I said to myself, this doesn't sound much like de facto segregation. I wonder how much more the government might have had to do with segregating metropolitan areas. And so I began this investigation. And I'm exaggerating a little bit. Obviously, I had a little bit more of a sense of the flaws in the Supreme Court argument than just this one case. But I began this investigation, and was stunned myself to find that de facto segregation is an "other myth." There is no basis to it whatsoever. The racial segregation in every metropolitan area in this country was created by explicit, racially explicit government policy designed to create racial boundaries, designed to ensure that African-Americans and whites could not live near one another with policies that are so powerful that they still determine the racial landscape that we see in cities all over the country. Racial segregation, I concluded-- and that's the conclusion of this book-- in neighborhoods is as unconstitutional as racial segregation in water fountains, or in buses, or in public accommodations, or in schools. And it's just as imperative under our Constitution to remedy it. But because we have this false history that we've all accepted, we are powerless, according to the Supreme Court, to do anything about it. And none of us do much to challenge that view. So let me spend a few minutes this-- I guess it's afternoon-- this afternoon describing some of the major policies that the government followed to enforce segregation. And then we can have a discussion about some of them. I want to begin-- I'll begin by talking about public housing. Public housing-- I know you all think of public housing as a place where poor people live. That's how I thought about it before I did this research. But in fact, civilian public housing in this country began in the New Deal, during the Depression, during the Roosevelt Administration as a program for working families, people with good incomes, not great incomes, but good incomes-- good enough to rent housing. But there was no housing available in the Depression. And so the government, the Public Works Administration, one of the first New Deal agencies, began to build housing for working families. It was so explicitly not for poor people that public housing-- social workers went to visit applicants in their homes to make sure that their children are well behaved, to make sure they had good furniture, not to reduce the standards-- the high standards of public housing. They even investigated to make sure that there were marriage licenses uniting anybody who planned to live in public housing. This was middle class, working class housing. And it was primarily for whites. And it was segregated everywhere in the country-- not in the South, but everywhere in the country, frequently, frequently segregating communities that had never known segregation before, or in some cases exacerbating segregation where it might have just been incipient, but not well-established. Some of you-- I don't know, any of you familiar with the great African-American poet, novelist, the playwright, Langston Hughes? The name sounds-- he wrote an autobiography called "The Big Sea." He described how he grew up in a Cleveland neighborhood that was integrated in the early twentieth century. In fact, his neighborhood was about half black, half white. He talked about in his autobiography how his best friend was Polish. He dated a Jewish girl. This was not unusual in mid and early twentieth century. Virtually every metropolitan area in this country had some integrated neighborhoods for the simple reason that workers didn't have automobiles to get to work. And so if you had a downtown area with lots of employment, factories, and African-American workers, and Eastern European immigrant workers, Jewish immigrant workers, Irish workers, they all had to live in roughly the same neighborhoods in order to be able to walk to work. Another reason was that the railroads would hire only African-Americans as baggage handlers or as Pullman car porters. So in this area, for example, in West Oakland, which was a white neighborhood had African-Americans living in it because the Pullman car porters had to live close enough to the Oakland railroad terminal to be able to walk there when the trains came in and they change shifts. So there were many, many integrated neighborhoods in the country. The Public Works Administration demolished integrated housing in this Cleveland neighborhood where Langston Hughes grew up and built two separate projects, one for whites, one for African-Americans, creating segregated pattern in Cleveland which helped to determine the growth of that city and the patterns that subsequently developed. It happened everywhere. I will talk a little bit about this area some more, but I like to, in my book, focus on places like this area and Cambridge, Massachusetts because people think of these as liberal areas. And I thought that if I could explain that it happened in places like this, it would happen-- it probably happened everywhere. Well, Cambridge, Massachusetts the area around MIT, the Central Square neighborhood, was also a neighborhood that was integrated. It was about 40/60 black/white. The Public Works Administration demolished housing in that neighborhood, creating two separate projects, one for blacks, one for whites, creating a pattern of segregation in the Boston metropolitan area that hadn't previously existed. It happened in the South as well. We all know that we had Jim Crow in the South. That's where the water fountains, and the buses, and the restaurants were segregated. But housing wasn't segregated for the reason that I just described. There were integrated neighborhoods in the South. In Atlanta, the Public Works Administration demolished an integrated neighborhood that was about half black and half white called The Flats, and built a project for whites only, segregating a community that hadn't previously existed-- had segregation before, and forcing the African-Americans who were living there to move in with relatives and find other housing elsewhere in the city. In my book, for those of you have it-- or if you ever get it-- take a look at the frontispiece. It's a picture of Franklin Roosevelt handing the keys to the 100,000th family to receive public housing during the New Deal. And you can see from that picture that these families are all white, for one thing, no African-Americans in this project, they're all clearly well-dressed, middle class families. The picture was taken in Pittsburgh, Pennsylvania where segregated housing was built, creating and reinforcing a pattern of segregation that otherwise would not nearly have been so strong. During World War II, the actions of the government intensified to create segregation. They intensified because throughout the country, hundreds of thousands of workers flocked to centers of defense production, of war production, to take jobs that hadn't existed during the Depression. The centers of the work production where these factories were located grew so rapidly, that there was no place for the workers to live. A good example here in this area is Richmond, California, just north of Berkeley, just across the Bay. Richmond was the site of the Kaiser Shipyards, which was the major shipbuilding center here on the West Coast. There were no shipyards there before the war. By the end of the war, there were five Kaiser Shipyards employing 100,000 workers. I don't know if you can imagine what a community is like if it grows from-- Richmond had 20,000 residents before the war. By the end of the war it had over 100,000 residents. It's unbelievable. Richmond was a community that was all white. There were a few African-Americans who were actually related to Pullman car porter families who were living on the outskirts of Richmond, mostly working as domestics in white families' homes. But it was a white community. The federal government had to build housing for these workers. It built housing for African-Americans, segregated housing, in Richmond for African-Americans, temporary housing, not well constructed along the railroad tracks and in the industrial area of the shipyards. It was temporary because the City of Richmond announced that any African-Americans who came to Richmond during the war would have to leave after the war was over. And it built more sturdy housing, permanent housing, for white workers in the shipyards further inland where the white families, the white residential neighborhoods existed. This, again, happened all over the San Francisco Bay Area. Unlike the East, the great migration of African-Americans took place in San Francisco, in this area, during World War II. It was the Second Great Migration that brought many African-Americans here. And there were very few before, so we didn't have any segregated patterns here in the Bay Area before World War II and before the government embarked on these policies. It built five projects, five public housing projects here in San Francisco itself. Four of them were in white areas for whites only. One was in the Western addition in Fillmore for African-Americans only. And the government picked Fillmore as the place to build a home-- a project for African-Americans because Fillmore was a place where there were vacancies, and African-Americans happened to start moving in. The reason there were vacancies was because many Japanese-Americans who lived there and had been evicted in order to move them to internment camps, so a few African-Americans were already living in that neighborhood, and the government decided that this was going to be an African-American ghetto in San Francisco. And that's where the black project was built. I want to emphasize this is not because African-Americans happen to choose one project and whites happened to choose another project. These were explicitly designated by race, by the federal government, to creating a pattern of segregation that didn't need to exist. And the tragedy of all this is that it didn't need to happen because we have an existence proof here in the San Francisco Bay Area. Across the Bay, in Marin, Marin City, there was another shipyard, Marin Ship. And there, the shipyards grew so rapidly that workers came without their families to work in the shipyards. And the administrators of the barracks that they built to house these workers had to accommodate them so quickly that they just handed out pillows and blankets as workers came without trying to segregate the buildings by race. And they were surprised that there were no problems with integrated housing. And so then when they built family housing, when the families of these workers arrived, they integrated that as well, and there were no problems. So there was no justification for this policy everywhere else in the country. It was something-- and as I said, many of these projects were built in neighborhoods where people had been living in an integrated fashion. After World War II, there was still an enormous housing shortage in this country. Not only had no housing been built during the Depression, but during the War, it was prohibited to use construction materials for civilian purposes except for housing for war workers. So there was a big backlog in housing needs, especially as returning war veterans, millions of returning war veterans came home forming families-- we call it the Baby Boom generation-- needing a place to live. Many of them were doubled up with relatives, and living in Quonset huts. We had a national mother-in-law crisis with all these families doubled up, and needing a place to live, and demanding that the government do something about this. And so President Truman in the years after World War II proposed a vast expansion of the National Public Housing program. Now remember, we're still not talking about poor people. These were returning war veterans, people who had jobs in the big postwar boom, but for whom there was no housing. And he proposed the 1949 Housing Act to create housing for returning war veterans, particularly public housing. In Congress, the 1949 Housing Act was opposed by conservatives not because-- not for racial reasons, because it was understood that it would be segregated. That was the pattern everywhere. Not because they didn't like poor people. This wasn't housing for poor people. It was for working class families. They opposed the simply because they thought that the public housing was socialistic, and the government shouldn't be involved in the housing market. It should be done by private builders, even though private-- the private sector wasn't doing anything to house returning war veterans. And they opposed the bill. And they came up with a strategy which you may be familiar with, you may have heard of it before, it's used in other situations as well, it's called-- we call it a "poison pill strategy." And a poison pill strategy is where opponents of a bill in Congress propose an amendment to a bill which they think can get passed. But if the amendment gets passed, it makes the entire bill unpalatable. So what kind of an amendment do you think the conservatives proposed to the National Housing Act? They proposed an amendment that saying that from now on, all public housing has to be integrated, no more discrimination in public housing, a very clever devise-- strategy. They figured that they would vote-- all the conservatives would vote for this amendment, Northern liberals would join them in voting for the amendments, so there'd be a majority to attach the amendment to the bill. And then when the full bill came up to the floor with this integration amendment attached, the conservatives would flip and vote against it. Southern Democrats would also vote against it because they were in favor of public housing on a segregated basis, but weren't about to agree to have integrated housing in their states. And so the entire bill will go down to defeat. So Northern liberals campaigned against the integration amendment in order to preserve the Public Housing Act. They were led-- the campaign against the integration amendment was led by the leading civil rights advocate in the United States Senate, Hubert Humphrey. I don't know how much-- a lot of young people here. I don't know how much you remember about Hubert Humphrey. But Hubert Humphrey became famous by becoming a-- by being a Civil Rights advocate in the Democratic Party. Actually in 1948 Democratic Convention, Southerners walked out because Hubert Humphrey led an effort to get a civil rights plank in the Democratic platform. So he was the leading Civil Rights advocate the United States Senate, and he led a campaign to defeat the integration amendment. He was successful. He persuaded Northern liberals to vote against the integration amendment. Southern Democrats joined them as well. When the full bill then came up to the floor, it was as a continuing segregated project, and it passed with the votes of both Southern Democrats and Northern Democrats. And because the segregation policy, the integration amendment, had been defeated, the federal government used that vote as its justification for continuing to segregate all housing programs of the federal government, not just public housing, for the next 15 years into the mid 1960s. Well, under the 1949 Housing Act, projects were built all over the country. And you're familiar with many of them. I know you've probably heard the Robert Taylor Homes, these giant high rises all over the country, in Chicago. Or in St. Louis, the most famous one nationally it was called the Pruitt-Igoe Projects. I see some people nodding. You've heard of that. Actually, it was two projects. The Pruitt project was for African-Americans. The Igoe project was for whites. We only call it Pruitt-Igoe now. It was to Pruitt projects and the Igoe projects back then. And very soon after these projects were built in the early 1950s, something happened that was duplicated everywhere in the country. And that is there was suddenly large numbers of vacancies in the white projects, and long waiting lists in the black projects. After a while, it became so conspicuous that the government had to open up all the projects to African-Americans. You couldn't tolerate the situation where there were long waiting list for some projects and large numbers of vacancies in another. And so all the projects were opened up, gradually more and more vacancies occurred, the projects became all African-American. At about the same time-- we're now talking about the mid 1950s-- industry left the cities and moved to suburban and rural areas. Prior to that time, industry had to be located in central cities because it needs to be close to railroad terminals or deep water ports. But by the 1950s, highways were being built, and you longer needed a deep water port or a railroad to have a factory. And so industry moved away. Fewer and fewer jobs were available in the city. The people in public housing then became poorer and poorer. Eventually for the first time, the government had to start subsidizing the rents of families in public housing. Once they started doing that, maintenance, and preventive maintenance in particular, declined in the projects. They became more deteriorated. The people in them became poorer and poorer. And we got to know to develop the kind of public housing that we know today, for poor people. It's not how it began. Well, the question that occurred to me when I read all this-- and I suspect that it occurred to you as I tell you about this-- is why did all these vacancies occur in the white projects, and none of them in the African-American projects, and long waiting lists in the African-American projects? And that was because of another federal program that was even more powerful in creating racial segregation in this country. And that's a program run by the Federal Housing Administration, another New Deal agency, designed to suburbanized the entire white population into single family homes in the suburbs. It was explicitly racial. After I published the book, I came across some additional research. I wish I had seen it before, because I put this in the book. But I found the poster that the Federal Housing Administration had produced. The poster showed an African-American being led away in handcuffs. And the headline was "Escape Crime. Move to The Suburbs." And this was a poster that was put up in white communities in urban areas to get them to move to the suburbs. It was actually a program-- a little aside-- it was a program that actually began many years before. In World War I, The Wilson Administration, some geniuses in that administration, figured that if they could get white families to move to single family homes after the Russian Revolution, they wouldn't become Bolsheviks. And so the federal government had a program to propagandize starting in 1920, to propagandize white families to move to single family homes in the suburbs. They actually sent out the community organizers. The Department of Commerce sent out community organizers around the country to hold meetings telling people that they could avoid racial strife by moving to the suburbs. But it didn't have much effect because working class families didn't have the money to move to single family homes in the suburbs. There was no money behind this program. It was just a propaganda campaign. But the Federal Housing Administration, the New Deal agency, began to put money behind it. And beginning slowly in the 1930s, and then ramping up the 1940s and early 1950s, the Federal Housing Administration began to subsidize the developers of giant subdivisions in every city in the country to create single family home subdivisions for working class families, white only. The most famous of these was Levittown, east of New York City. I assume you've heard of that. But they were here as well. San Lorenzo was one of them. San Leandro was another. Some you may remember a song that Pete Seeger used to sing written by Malvina Reynolds about houses made of ticky-tacky,-- little boxes-- I'm sorry-- little boxes on the hillside made of ticky-tacky, ticky-tacky. They all looked the same. That was a song about Westlake in Daly City, just south of the city here. That was another one of these FHA-financed developments for working class families. That development was built by Henry Doelger, a developer here in San Francisco, or San Lorenzo across the Bay, built by another developer, David Bohannon, or Levittown. These developers could never have assembled the capital to build these giant subdivisions on their own. Levittown was 17,000 homes. Where do you get the capital to build 17,000 homes for which you don't have any buyers? You have to buy the land. You have to build homes. It was inconceivable. The only way you could develop the capital was by going to the federal government, the Federal Housing Administration, proposing a development, submitting your plans, everything from the architectural design, to the materials you were going to use, to the layout of the streets, and the commitment never to sell a home to a non-white. And with that commitment, the Federal Housing Administration would guarantee a bank loan or bank loans to build the development. The Federal Housing Administration even required that the developers of these subdivisions, like Levittown and those here in the Bay Area, include a clause in the deed of every home prohibiting resale to African-Americans. And those clauses still exist today. If you look at the deeds of homes anywhere in the Bay Area, you'll see these federally required clauses that prohibit resale to African-Americans. So the white families were able to move out of the suburbs-- out of the public housing projects and out of urban areas generally into the single family home suburbs. The subsidy for these was so great-- these were, I say, very small homes. They were for working class families, not wealthy people, 750 square feet, small homes. They sold in that period of time, around 1950 in the mid-twentieth century, initially for about $8,000 or $9,000. In today's money, that's about $100,000 adjusted for inflation, inexpensive homes, $100,000. Those were for working class families. My uncle moved to Levittown. He stocked vegetables in the supermarket. These were not homes for wealthy people. They were homes to get the white population out of urban areas into the suburbs. Those homes, like I said, sold in those days for about $100,000 in today's money. Today, those homes sell for $300,000, $400,000, $500,000 depending on the area of the country. And they are in every-- these suburbs are in every area of the country. This is how the country came to be suburbanized. The white families who moved into those homes with this federal subsidy-- you can move out of public housing and move into one of these homes in a place like Levittown and pay less in your monthly housing costs than you were paying for rent in public housing. That's how enormous the subsidy was for white families to do that. They gained over the next two or three generations, $300,000, $400,000 in equity in wealth. Most middle class families in this country-- not the very wealthy, but most middle class families in this country, gained what wealth they have from the equity they have in their homes. The white families who were able to move-- and this is most of the suburban population in this country-- use that wealth to send their children to college. They used it to take care of emergencies, medical emergencies, or even bouts of unemployment. If you have wealth, you can weather unemployment. If you don't have wealth, it's much more difficult. And they used it to bequeath it to their children who then had down payments for their own homes. Today, African-American incomes in this country are 60%, 6-0% of white incomes. You would expect that if there was a 60% income ratio, there'd be a 60% wealth ratio as well. But you can-- if you have income of the same amount, you can save the same amount. The reality is that today, although the income ratio between blacks and whites is 60%, the wealth ratio is 10%. African-Americans have 10% of the average wealth of whites, even though they have 60% of the average income. And that enormous disparity which affects so much of the racial inequality in this country, so many of the problems we face in this country, is entirely attributable to unconstitutional federal housing policy that was practiced in the mid-twentieth century-- entirely attributable to an unconstitutional housing policy. The wealth gap, the fact that we have segregated neighborhoods still because homes itself sold for $100,000-- in 1950, that was twice the national median income. Any working class family can afford that. Homes that sell for today $500,000, six or eight times national median income, are unaffordable to working class families of any race. So this-- we passed the Fair Housing Act in 1968. We said in the Fair Housing Act in effect, OK, African-Americans you can now move to Levittown or to any of these other suburbs. But it was an empty offer because the homes are no longer affordable to working class families of any race. So we've never addressed it. We've never remedied it. The Fair Housing Act is inadequate to address these problems. There are many, many other federal, state, and local policies that I describe in the book. I only mentioned two of the most important, the public housing program, and the Federal Housing Administration subsidization of the suburbs. But it goes from the top from the federal government all the way down to the very local level. I'll just give you a couple of local examples. In the course of doing this research, I was looking through in Southern California, an African-American newspaper called "The California Eagle," just rifling through it. And I came across an article that described how the City Attorney of Culver City-- Culver City is a suburb just west of Los Angeles. You may be familiar with it because they make movies there now. But it was an all-white suburb just west of Los Angeles. The City Attorney of Culver City assembled a meeting, called a meeting of all of the air raid wardens during World War II in Culver City. During World War II, both here on the West Coast and on the East Coast, every city had air raid wardens whose job was to go door to door to make sure that people turned off their lights, and close their blackout curtains if they had them, and made sure not to give guidance to enemy bombers that might have been coming this way. So the City Attorney of Culver City called the meeting of all the air raid wardens and gave them a contract to distribute to every family in the community while they were telling to turn off the lights committing them legally never to sell a home to an African-American. That was the lowest level of this. And, of course, I described the use of the police, and the prosecutors in Louisville at the beginning. Halimah was telling me earlier-- or maybe it was [INAUDIBLE],, I forget that Google started in Mountain View. In Mountain View-- well, here in Richmond, one of the-- I write about this a lot in the book-- in addition to the shipyards, there was a Ford Motor plant in Richmond that was making Jeeps and tanks during World War II. And as industry left the cities, as I described before in the mid 1950s, that Ford plant moved to Milpitas, which at the time was a completely rural area. And developers started to build these FHA developments in the area around Milpitas to house the war workers for white workers only. The Ford plant was about 25% African-American. The UAW, the union, representing the Ford workers, negotiated an agreement with the company that gave every worker in the plant the right to relocate to the Milpitas plant to keep their jobs. But, of course, the white workers could relocate, and the black workers had much more difficulty because the white workers could find housing, and the black workers couldn't because of the FHA policy. So the UAW itself decided it would build housing for workers. And it went through a-- it recruited builders, it bought land. And one of the places it bought was in Mountain View. And when the Mountain View found out, the City of Mountain View found out that the UAW was planning to build integrated housing in its community, it rezoned the property for industry and prevented the development of housing that the workers in Milpitas could have access to. And this one, of course, the zoning requirements, changes in zoning requirements to prevent integrated housing also existed throughout the country. Let me just conclude with a couple of things, then we can have a discussion. In the course of-- as I said before, I used to spend a lot of time thinking about education policy, so it was sort of natural for me when I was writing this book to look at how all of this is addressed in textbooks that high school and middle school students use today to learn American history. And what I found was that every textbook in this country lies about this history. Not one of them tells the truth about it. They either-- well, some of them brag about the wonderful job that the FHA did in creating suburban homes for the working class, never mentioning that it wasn't the entire working class it was creating homes for. The most popularly use American history textbook is something called "The Americans," has one paragraph that's subheaded "Discrimination in the North." It has one sentence in that paragraph about housing. And the sentence reads as follows. "In the North, African-Americans found themselves forced into segregated neighborhoods." That's it. That's the entire explanation. As you know-- well, you know because you're here that I write books. I know how publishing works. I know that publishers spent a lot of money hiring copy editors to look out for passive voice sentences. [LAUGHTER] This is one that they missed. No explanation of who did the forcing, why they were there. It's like, African-Americans woke up one day, they looked out their window, and they said, hey, we're in a segregated neighborhood. This is a crime because if young people don't learn this history any better than we've learned it-- and I include myself in this-- if they don't learn this history any better than we've learned it, they'll be in as poor a position to remedy it as we've been. So when I say everywhere I talk-- and I've been invited to speak at a lot of places-- is every one of you lives in a school district. You have children, or nieces, or nephews, or I see even some who aren't yet in school. And you can make an issue of this. You can insist that we start teaching this history accurately. And I guarantee you if you start a conversation about what's being taught in the schools, it'll generate a conversation in the adult community as well. So I do have a small chapter in the book about remedies. I can certainly answer some of that in questions. But this is not a book about remedies. It's a book about the history because a precondition of the remedies is developing political support for them, for which there is none now. And unless people learn this history, we'll never be able to build the political support that's necessary to integrate this country. So long as we think it happened by accident, we'll believe it has to unhappen by accident. But if we understand that was created by a very powerful government policy, we can understand that government policy is equally capable of undoing it. So thank you for your attention, and Halimah, we have to take questions and-- [APPLAUSE] HALIMAH DELAINE PRADO: I will say-- I'll reiterate a point that you had mentioned in the talk but had a lot of resonance with me was, for me, the most surprising thing was learning about the rampant history in a historically sort of open-minded liberal [INAUDIBLE] and community like the Bay Area. I will add a personal anecdote just because it would explain why this had so much resonance with me. I'm from the East Coast. I purchased a home a little bit south of Santa Cruz. And as a lawyer doing the diligence, went through all of the paperwork and laughed out loud when I actually found the racially restrictive covenant in the actual document. The realtor-- because I guess didn't share my lawyer cynical humor, I was like, oh, someone's rolling in there grave because I've just bought their house-- was horrified and apologized profusely, and said, oh, we can cover it up. We can-- we'll take it out of the file to make sure no one sees this again. And I was like, no, keep it in, actually. This is history, it's important, and I get a dizzying self-satisfaction about being a black woman buying a house that previously 40 years ago I would have been prevented from buying. And so it has been super fascinating that throughout the book you have this revolutive truth about what happened in the Bay Area. How has the Bay Area received your book and that truth telling? Have you had negative reactions to that? Have folks sort of become a bit defensive in that? Or is it just sort of well, that's history, and we should move on? RICHARD ROTHSTEIN: I haven't had negative reactions. But as I concluded by saying is the negative reactions will come when we actually start enacting policies to reverse it. This is now, it's interesting history, it's horrifying history, but it doesn't really require anybody to make any changes in the way they live because we're not yet reversing it. Many things will have to be done. People will have to make some changes in order to create the integrated society which we say we're committed to. So no, I have not had any negative reactions. The only negative reaction I've had-- the book has been received with a lot of enthusiasm by conservatives, by some of the conservative think tanks of Washington because they say this proves that government can do no good. [LAUGHTER] And their response is well, two wrongs don't make a right. Just because the government did this, it doesn't mean the government should fix it. The market should fix it. And, of course, there's no way the market-- this is so powerfully embedded in our institutions, that the market can't fix it. So I haven't had negative reactions to it. No fact in the book that I've described has been challenged by any historian or lawyer. But the truth will-- we'll come to grips with this when we actually start implementing policies. And as you all know-- or maybe you know-- there's a big controversy right now here in California in the Bay Area about there's a bill before the SB-827. Are you all familiar with that? That would prohibit single family home zoning in areas near transit stops, that would permit the construction of townhouses, and apartments, and single family homes on small lot sizes that moderate income families could access. And there's no doubt that that will go down to defeat. And it's a very, very modest program. And it will go down to defeat by being-- and it'll be opposed by many people who are enthusiastic about hearing this history I talk about. So it needs to be translated into action. AUDIENCE: We talked about how the government incentivized people to move out into these subdivisions, and then that was, of course, I guess, as an addition, racially segregated in a sense that only whites were able to do it. But I was wondering if you could talk a little bit about the history of why-- why there was a motivation to move out of this city at all. What is the catalyst of moving people out regardless of whether it was racially or not racially motivated? RICHARD ROTHSTEIN: Clearly, it was propaganda in favor of it. Other industrial countries haven't developed in this way. Other industrial countries, middle class families have continued to live in the cities. We developed in this country a culture of frontier independence. And single family homes looked a lot like that, not living crowded in apartments. Clearly, the homes were better quality homes that people were moving into than the frequently slum dwellings that they were moving out of, overcrowded homes and they were moving out of. But it wasn't a necessary ideology, so I really don't know. What do you think? AUDIENCE: I don't know. I'm so young. [LAUGHTER] RICHARD ROTHSTEIN: Well, the culture is now changing. And the white middle class families are moving back into cities. Not-- its impact is exaggerated, not many of them relative to the number who remain in the suburbs, but there is a movement to move back into urban areas even after people have children. So the culture is changing. AUDIENCE: Could you talk a little bit about it in your research you came across the effects of these policies on the Great Migration? You talked a lot about how there was these long waiting lists. Did you see that playing out in the sense that a lot-- it extended the Great Migration in the sense that people went further than they were planning on going because they were unable to find housing? Or did you find that maybe they stayed and stayed on these lists? RICHARD ROTHSTEIN: Most people who needed housing couldn't find it, even with public housing. They wound up being overcrowded. I'm sure you've heard the term "redlining." In fact, the cover of my book has a redlining map. We think of redlining as something that banks did. But in fact, the map, the redlining maps, were maps that were built-- drawn by the federal government, by the Homeowners Loan Corporation, and then used by the Federal Housing Administration, the Veteran's Administration, to indicate areas that were colored red where African-Americans lived and no mortgages could be granted. Well, the result of that was that African-Americans had to pay. Even if they didn't have public housing, if they were living in private housing in these same areas-- which, urban areas-- they had to pay much more for housing than whites had to pay for similar housing because they couldn't get FHA or VA mortgages. There was in many cities a contract buying system which was, in effect, buying a home on the installment plan where you gain no equity until the house is completely paid off. And of course, it was more expensive. So what happened is African-Americans in these neighborhoods, even if they weren't in public housing, had to pay more for housing. They had to subdivide their homes. They frequently doubled and tripled up in families. At the same time, cities didn't maintain these neighborhoods as well. Garbage was collected less frequently, for example, and so they became slums. And that created a stereotype in the minds of the white population of what African-Americans were like. And they-- and so "white flight" resulted when African-Americans began to move into their neighborhoods because they looked to African-Americans and said, oh, their slum dwellers. We don't want slums in our neighborhoods, not realizing that the slums were not a characteristic of the people, but a characteristic result of government policy. So even those who couldn't find public housing, homes in public housing, were doubled and tripled up in the same neighborhoods. And these became low-income neighborhoods. And I can add one other thing. It's not just the stereotype that whites developed of African-Americans, it's the stereotype that African-Americans developed of themselves. And one of the most moving experiences I had from this book is that I got a letter from a young man, an African-American young man, 18 years old in New Orleans, who wrote to me. He said that he grew up in the black neighborhood of New Orleans. He looked around him, he saw that black people were poor, that white people were rich. He thought that's the way things were naturally. And then he read my book. And he said, when I realized that government actually created this, I felt that I would have tried harder in school if I had known this. And social psychologists have a name for this. They call the "stereotype threat." But it's an indication of how our whole-- the culture of our caste system was created. It wasn't just a housing policy, it was a social psychology policy. AUDIENCE: So towards the end of your book, you cover briefly a few interesting possible solutions involving government. Google's a company that earns $100 billion a year. We've got over $60 billion in the bank. We build a lot of corporate buildings. We are directly involved in decisions related to housing. We have transportation networks that influence how patterns of residency. Is there-- do you envision a role that corporations like Google can play to correct for some of this history? RICHARD ROTHSTEIN: Well, certainly. I assume you're not talking about Google going into the housing business. But there are public policies that-- Google is an influential corporation. And there are public policies that Google could advocate that would help address this problem. One of the things that's happening in this area is that lower income workers, particularly minority workers, are having to travel enormous distances in order to get to work because we are not providing mixed income housing in any of our communities. So this SB-827, the bill I saw before, is just a tiny, tiny step. Google could support that. It could become vocal in it. We have other policies. Many, many-- I talked about some of them in the book. We have many policies today that reinforce racial segregation without actually being explicit. We don't have to be explicit anymore because the boundaries were set by the policies I talked about. But the federal government runs a program called the Low Income Housing Tax Credit, which gives a subsidy to builders of low-income housing. All those projects are built-- and it's administered by the states, and by the cities, and by the counties-- and all that housing-- well, it's exaggeration-- almost all of that housing is placed in already segregated neighborhoods, low-income neighborhoods. Developers would rather build low-income housing projects in already low-income neighborhoods because the land is cheaper, and they don't have to have 25 community meetings to explain why they're doing it. And they can put the sign up in the window, and people who want the housing can walk by and see an apartment for rent. Well, the State of California, Alameda County, San Francisco County, could easily administer that program so they place the priority on giving the tax credits to developers who would build in middle class communities to help to integrate those communities. The same thing is true of the-- I'm sure you're familiar with it-- the Section 8 voucher program. You've heard of it. It's a program that the HUD administers to subsidize the rents of low-income families. It reinforces segregation today. A Section 8 housing voucher family is more likely to live in a segregated neighborhood than a family who is just as poor who doesn't have a Section 8 voucher. And that's because the Section 8 voucher is structured in the way that it can only be used in segregated neighborhoods. It's based on the average rent in a metropolitan area. But, of course, you know enough arithmetic to know that the average rent is going to be too low to rent in a middle class community. And so it's-- and landlords, although they're not permitted in California to discriminate against Section 8 voucher holders, it's not enforced. That discriminatory-- that anti-discrimination provision isn't enforced. So that's another area of public policy that you could be influential in influencing. The whole zoning system in this country preserves the segregation that I was talking about. And that needs to be attacked if we're going to address this. Suburbs have zoning ordinances that prevent anything but homes on large lots sizes, single family homes on large lot sizes. Many of those ordinances were originally developed for a discriminatory purpose, but they're not written with racial language in it the way the policy I described earlier were, but they need to be changed. And there have been places in the country where it's being done. Montgomery County, Maryland, which is an affluent suburb of Washington DC, but still with lots of vacant land, has a policy where any developer in Montgomery County has to set aside 15% of its units for moderate income families. And then the Public Housing Authority of Montgomery County purchases one-third of those units, those set aside units, so 5% for the total development, for public housing eligible families. And it's produced some integration in Montgomery County. AUDIENCE: So one of the questions from the Dory. Labor unions are mentioned at a few points in your book. It appears that there was a pattern of unions tending toward supporting integrated housing in contrast to the harmful effects of government institutions. Was this pattern real? What led unions to be more supportive than other institutions? RICHARD ROTHSTEIN: Well, it wasn't all unions. For those of you who know your American history, you know that they were-- in the mid 20th century, there were two branches of the American Labor Movement. There was the American Federation of Labor, which was predominant in the construction trades. And there was the CIO-- it's now merged in one federation, but these were two separate federations-- that were industrial unions, and they were much more progressive. So the example I gave before of the Ford plant that moved to Milpitas, that was a Ford plant where the union protected the rights of African-American workers. And as I say, it tried to build integrated housing for its members. But just to give you another example of how pervasive federal policy was-- and this is not a housing policy directly, but it affects housing. Another New Deal agency was the National Labor Relations Board, which was adopted in 1935, I think, in the National Labor Relations Act called the Wagner Act. When Senator Robert Wagner, who was a senator from New York, and who sponsored this law, the law provides for federal government certification of unions so that once the federal government certifies a union, an employer has to bargain with it. And the law-- when Wagner proposed the law, it had a provision in it that said that the government could not certify unions that were racially discriminatory. That provision was removed for the bill-- from the bill before the bill was passed. And so for 30 years after that bill was passed, the federal government certified unions that excluded African-Americans from membership. The result-- and the unions that exclude African-Americans from membership were the construction trades, primarily, the very trades that were building the suburbs that African-Americans couldn't live in. So both the African-Americans couldn't live in the suburbs, and they couldn't participate in the jobs boom that created them. So there were two kinds of unions when it comes to race. The CIO unions were much more integrating and progressive. And the AFL unions were discriminatory. AUDIENCE: So I'm trying to imagine the human experience of these policies. And I think you spoke, for example, of a neighborhood called The Flats in Atlanta, and that there were black and white folks that were living there, and then there was government housing that was built for whites only. And so what was the experience of a typical black person in The Flats? Were government agents evicting them from their houses? Was there-- were they renters that were just told to leave and not given any subsidy or relocation? What was the experience for this folks? RICHARD ROTHSTEIN: Yes. We talk a lot about gentrification these days, but it's a very old policy. We just had a different name for it 20 or 30 years ago. We called it urban renewal. And it was exactly the same policy. And no, there were no subsidies for these families who were evicted from their homes. The government, eminent domain, demolished the homes in order to build the public housing project. And they were forced to double up with relatives. And this has caused the overcrowding in African-American communities, or find a lower-quality housing where they could. So the effect of these policies, urban renewal-- people when-- after the riots in Ferguson in 2014, lots of people ask, you know, how did Ferguson, a suburb become majority black? We thought suburb-- African-Americans lived in cities? What are they doing in a suburb like Ferguson? Well, Ferguson became majority black because during the mid-twentieth century into really 1980 or so, the City of St. Louis demolished African-American neighborhoods in the central city. It wasn't because whites were buying up the homes and raising the prices, they simply demolished them in order to build that half of the McDonald's sign that's, you know, the Mississippi River, the "Gateway to the West." That was a large African-American neighborhood that was demolished. They built hospitals there. Well, where were the people going to go? Well, the federal government gave some of them Section 8 vouchers, but the State of Missouri doesn't have a law that prohibits discrimination against Section 8 voucher holders. So there were only one or two communities they could go to. Ferguson was one of them. There was another right near it called Jennings, and another right near it called Berkeley, it happens. And those are the only places that African-Americans could go to. And the same thing's happening now as a result of gentrification in Oakland. African-Americans aren't able-- because we're not providing housing for moderate income families in most suburbs, so they're-- Antioch is becoming a new African-American community. We're just shifting the black community from one place to another as a result of these policies. So unless we do something to desegregate the suburbs-- I'm talking about the middle class suburbs-- we're going to just shift the African-American population around from one place to another just as we did in Atlanta and in many other places at the time. AUDIENCE: You mentioned in the FAQ that Asians and Hispanics did not experience the same targeted and persistent residential segregation as African-Americans. Did they still get caught in the net of the same discriminatory policies like restrictive covenants, and the inability to get federally-backed mortgages? RICHARD ROTHSTEIN: Yeah, I would certainly not deny-- and I-- that's a mild way of saying that certainly the case that African-Americans and Asian-Americans have discriminate-- have experienced discrimination in housing, and some of it government sponsored. But it was nowhere near the extent to which African-Americans experience it. You have to remember that during the mid-twentieth century and these policies that I'm describing, the farthest West baseball team was St. Louis. This was a country that revolved around the East. And the policies were directed primarily against the minority in the East, which is African-Americans. There were very few Asians living in the East and very few Hispanics. And we have a caste system in this country. I think one of the most-- and I say this in the book-- one of the most dangerous things we do is when we invent this term "people of color" as though African-Americans and Hispanics suffer the same kinds of discrimination. They don't. It's not that Hispanics aren't discriminated against, but it's not the same as African-Americans. For example, third-generation and beyond Hispanics in this country marry non-Hispanics. It's a very rapid assimilation rate. I used to live in Whittier outside Los Angeles, and there was a community where there were many families that were blended Hispanic and Anglo. There were no blacks in that community, even though it's a big black community in Los Angeles. Hispanic homeownership rates are much higher than African-American homeownership rates, even though they were discriminated against. In California, these restrictive covenants of the kind that you had in your house in Santa Cruz excluded Hispanics as well. But judges refused to enforce them against Hispanics. California judges, when a white family tried to sue to have a Hispanic family evicted because they bought a home in violation of the restrictive covenant, judges in California said they couldn't enforce it because Hispanics were really Caucasians. So I'm not minimizing the experience that Hispanics-- the discrimination that Hispanics have experienced, but I think it's-- we have a legacy of slavery in this country which puts-- we have a caste system, which puts African-Americans in an entirely different position than Hispanics. And it would be a mistake to, I think, to think that it's just all the same, it's just people of color. AUDIENCE: MLK talks in his letter from Birmingham jail about the white moderate. And I'm curious as to how you would convey a lot of the topics in your book to that population of people that is, in my opinion, it's a very problematic group of people that we really need to bring forward and help us fight this good fight. RICHARD ROTHSTEIN: Yeah, certainly-- I don't want-- we should never-- I should never exaggerate, and you should never exaggerate my book. There has to be lots of this going on, and I'm trying to make the impact that I can. But the real problem, as I said before, is translating this knowledge into action. What you called white moderates are people in this room-- me, lots of my white moderates are learning this history. But in order to remedy the unconstitutional actions of the government, that's going to require a new Civil Rights Movement that's going to have to not just be based on understanding, but be based on activism, and demonstrations, and marches. And during the Civil Rights Movement through the 1960s, many white moderates joined in later. It started with people who weren't moderate, and as it became more-- and you know, I think we need in the Civil Rights Movement to address housing segregation. I gave-- I give a lot of talks. One that sticks in my mind is I gave a talk about a month ago to an audience of 600 members of white Protestant churches in Louisville, Kentucky. People are interested in this. Whether we'll take action is the next step. AUDIENCE: With the right-to-work legislation that had passed in some states, and now that there's a push for federal right-to-work legislation, do you think that segregation is a motive for this type of legislation, or just a byproduct of it? And if they're the same, what's the benefit for the government for that? RICHARD ROTHSTEIN: Well, I think the racial polarization that characterizes our politics is reinforced, if not in the major part, created by the fact that we live so separately. And that racial polarization not only affects right-to-work legislation, it affects opposition to universal health insurance, it affects opposition to minimum wage increases. We have developed an attitude in this country where large sections of the white population are opposed to social programs which they support in other countries because they think it benefits black people. And this is, I think, a product of the fact that we live so separately. So I guess I would include right-to-work legislation in that. But it's part of a whole configuration of policies that are much more conservative in this country than they are in other industrialized countries because of our racial polarization. And it's not based, again, to take the previous example, it's not based because people don't want to help Asians or don't want to help Hispanics, it's a racial issue, which was unfortunately empowered by the President of the United States. AUDIENCE: My family migrated from Mississippi to Detroit. And my grandmother purchased our first home because she could pass. So when her and my grandfather went to get a mortgage because he looked African-American and she could pass as white and was passing, that was how our family was able to actually purchase the first home that anyone in our family actually purchased. So I'm really interested in this research. But my question is can you talk a little bit about the impact and the effect that these racist policies have had on public education in this country? RICHARD ROTHSTEIN: Yeah, absolutely. And I started out by talking about this. I was an education policy writer before I got involved in this. I didn't know anything about housing. This is not my field. And in the course of writing about education policy, I became convinced and wrote about how the entire education policy of this country was following, the No Child Left Behind law and so forth, was flawed. It was nonsense because it assumed that the reason that particularly low-income African-American children were not achieving at high levels was because the teachers didn't have high expectations of them, and they weren't accountable, and we didn't test them enough, and force people to get their test scores up. And I understood that the reason that we have an achievement gap-- which is what it's called in education policy-- is because of the social and economic conditions that children come to school with. There are hundreds and hundreds of these examples. I've written about many of them. One example is-- just a simple example, asthma. Low-income African-American children with asthma at four times the rate of middle class children because of the kinds of neighborhoods they live in, the kind of environment, that kind of air they're breathing. If a child has asthma, it's drowsy because it's sleepless, up late at night wheezing, sometimes absent from school. If you have two groups of children who are equal in every conceivable respect except one group has a higher rate of asthma than the other, that group is going to have lower average achievement, which is not to say that some children with asthma don't achieve at higher levels. You all know that there's a distribution of outcomes for every human characteristic. So you add all these up, and it creates an achievement gap. But what happens when you concentrate all these children in single schools? So it's not just one or two children who have asthma, or lead poisoning, or a stress from economic instability, or lack of access to primary care physicians, or homes in which parents are well-educated. It's not just one child in the classroom, or two child, or a half-- but every single child in the classroom has one of these characteristics. That classroom is inevitably going to have lower average achievement, much lower average achievement than the classroom where children come to school well-fed, and nourished, and well-rested, and unstressed. So that's how I came to this. I came to conclude that the concentration of disadvantaged children in schools was the cause of the achievement gap, the major cause of the achievement gap. The schools are concentrated because the neighborhoods were that way, and that we had no chance of addressing the serious economic-- educational problems that we have in this country so long as we had segregated schools. And the schools were segregated because the neighborhoods were segregated. So that's how I came to this conclusion, and why I began this investigation. AUDIENCE: So I'm an organizer in the Mission, in my part-time-- or my out-of-work time. And I organize Mission [? Yemby. ?] And our belief is that one-- a big way of stopping-- or preventing gentrification and displacement is that we just have to build a lot everywhere. And I think SB-827 ties into that. So I'm curious if you agree with that approach. And what would you add onto it? What should we follow A27 with? What kind of legislation? RICHARD ROTHSTEIN: Well, when you say what should we follow 827 with, you're more optimistic that I am that it will actually be passed that we can follow it. But I think that the advocates-- the opponents of the costs of gentrification I think mostly-- and maybe you don't-- but mostly they miss half the picture because when neighborhoods gentrify, which means-- that's a good thing. They become integrated temporarily. And so the advocates of preserving that integration propose policies that ensure that some homes in those neighborhoods remain accessible for the former residents, or for low-income families, or for moderate income families. But if we're going to have-- and even if that we're successful, most people in those neighborhoods would be displaced. And where do they go? And so for the opponents of gentrification to focus only on preserving a share of homes in those neighborhoods for the previous residents or people like the previous residents without focusing on the segregation of the broader metropolitan area, which affects where the people who will inevitably be displaced go, I think is a mistake. So what I would like to see followed-- if you're asking me what would follow it, if 827 ever got passed is an inclusionary zoning policy for the entire metropolitan area, not just for the areas around transit stops. HALIMAH DELAINE PRADO: Thank you again for coming. RICHARD ROTHSTEIN: Thank you. [APPLAUSE]
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Channel: Talks at Google
Views: 19,751
Rating: 4.8024693 out of 5
Keywords: talks at google, ted talks, inspirational talks, educational talks, The Color of Law, Richard Rothstein, The Color of Law A Forgotten History of How Our Government Segregated America, understand segretation, federal housing policy, segregation
Id: 6F8MNkRJlkI
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Length: 71min 6sec (4266 seconds)
Published: Mon Apr 09 2018
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