Race Counting in Frederick County, Maryland |
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| Commissioner
wants to stop Frederick County from categorizing it's citizens by skin color! Web Posted Nov. 14, 2003 |
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Demographics: Frederick County is one of the fastest growing suburbs of Washington, DC. The past 10 years have seen a large influx of Washington, DC commuters to this once rural Maryland county. According to the 2000 Census, Frederick County has a very small minority population. 90.2% of Frederick County residents categorized themselves as "white" in the census.
Source: 2000 Census 2. Thompson's Memo to Commissioners In this memo,
President Thompson explains his rationale for the "Racial Equality Act" to his
fellow Frederick County commissioners. SUBJECT:
Proposed Frederick County Racial Equality Act "My proposed Frederick County Racial Equality Act (the "Act") is attached for your review and comment. If enacted, the Act would eventually require County Divisions and Departments to refrain from the practice of categorizing, classifying, distinguishing, or otherwise identifying citizens on the basis of race unless the BOCC [Board of County Commissioners] expressly determines that the practice is narrowly tailored to serve a compelling governmental interest.
"The moral authority and legitimacy of governmental race-based distinctions are at their zenith when expressly required by an act of the United States Congress passed in accordance with its powers under the Civil War Amendments to eliminate the badges and incidents of slavery. On the other hand, the authority and legitimacy of race-based distinctions are at their nadir when performed on the basis of some bureaucratic grant writer's perverse obsession that all of society's benefits and burdens be allocated on the basis of a strict racial quota system. I believe we will find far more examples of the latter than of the former. "Over the years at least three members of the present U.S. Supreme Court have expressed concern about the specter of a government bureaucrat, clipboard and pencil in hand, attempting to pigeonhole consumers of government services into pre-determined racial categories:
"My interest in this topic came about in March, 2002 when the prior BOCC learned that the County's Department of Aging was engaging in the practice of categorizing, classifying, distinguishing or otherwise identifying consumers of the Department's services on the basis of race. I proposed a resolution that would have directed the Department of Aging to cease and desist from the practice. On September 24, 2002 Commissioner Rhoderick moved to reject the proposed resolution, seconded by Commissioner Gardner. Commissioners Gardner, Rhoderick & Weldon voted in favor of the motion to reject the resolution, with Commissioners Gray & Thompson opposed to the motion. "The recent revelation that officials at Walkersville High School called students to an assembly on the basis of race has brought the topic to the fore once again. The practice represents a departure from the holding in Brown v. Board of Education, 347 U.S. 483 (1954): "[I]n the field of public education the doctrine of 'separate but equal' has no place." 347 U.S. at 495. [See Gazette story 9/25/03.] "If there is to be a movement away from the cavalier use of governmental race-based classifications and toward racial equality, it is quite appropriate (and ironic) that it begin here in Frederick County. We tread over the same ground as did Roger Brooke Taney, Chief Justice of the United States Supreme Court and author of Dred Scott v. Sandford, 60 U.S. 393 (1857), perhaps the most irresponsible and racist decision ever rendered by the Supreme Court. "Your opinions and commentary are welcome."
3. Text of the "Racial Equality Act" Below is the exact text of the proposed "Racial Equality Act" which Frederick County commission president Thompson is proposing. TEXT OF THE ACT RESOLUTION #03- ________________ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF FREDERICK COUNTY, MARYLAND ("BOCC") DIRECTING ALL DIVISIONS AND DEPARTMENTS WITHIN THE JURISDICTION OF THE BOCC TO CEASE, DESIST AND REFRAIN FROM THE PRACTICE OF CATEGORIZING, CLASSIFYING, DISTINGUISHING OR IDENTIFYING CITIZENS ON THE BASIS OF RACE UNLESS THE BOCC EXPRESSLY DETERMINES THAT THE PRACTICE IS NARROWLY TAILORED TO SERVE A COMPELLING GOVERNMENTAL INTEREST. RECITALS WHEREAS, "I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character;"1 and
WHEREAS, "Of all the criteria by which men and women can be judged, the most pernicious is that of race;"5 and WHEREAS, "an explicit policy of assignment by race may serve to stimulate our society's latent race consciousness, suggesting the utility and propriety of basing decisions on a factor that ideally bear no relationship to an individual's worth or needs...;"6 and WHEREAS, "One of the principal reasons race is treated as a forbidden classification is that it demeans the dignity and worth of a person to be judged by ancestry instead of his or her own merit and essential qualities;"7 and WHEREAS, racial classifications "…threaten to stigmatize individuals by reason of their membership in a racial group and to incite racial hostility;"8 and WHEREAS, "...race is an impermissible arbiter of human fortunes...;"9 and WHEREAS, "Racial and ethnic distinctions of any sort are inherently suspect...;"10 and WHEREAS, "Racial classifications of any sort pose the risk of lasting harm to our society…;"11 and WHEREAS, "[T]he individual is important, not his race, his creed, or his color";12 and WHEREAS, Racial classifications ". . . reinforce the belief, held by too many for too much of our history, that individuals should be judged by the color of their skin;"13 and WHEREAS, "Race-based assignments embody stereotypes that treat individuals as the product of their race, evaluating their thoughts and efforts-their very worth as citizens-according to a criterion barred to the Government by history and the Constitution;"14 and WHEREAS, "A racial classification, regardless of purported motivation, is presumptively invalid and can be upheld only upon extraordinary justification;"15 and WHEREAS, "[R]acial classifications. . .must serve a compelling governmental interest, and must be narrowly tailored to further that interest";16 and WHEREAS, "[R]acial classifications are simply too pernicious to permit any but the most exacting connection between justification and classification";17 and WHEREAS, "It would be a sad day indeed, were America to become a quota-ridden society, with each identifiable minority group assigned proportional representation in every desirable walk of life",18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS FOR FREDERICK COUNTY, MARYLAND §1. Identification of Authorities that Purportedly Require Racial Classifications. - Each Division and Department within the jurisdiction of the BOCC shall, not later than January 15, 2004, provide the County Manager with specific citations to any federal or state statute, regulation, rule, policy, grant condition, or other authority that purports to require the Division or Department to categorize, classify, distinguish or identify citizens on the basis of race. §2. Cease and Desist. - Beginning May 17, 2004 each Division and Department within the jurisdiction of the BOCC shall cease, desist and refrain from the practice of categorizing, classifying, distinguishing, or identifying citizens on the basis of race, unless the BOCC expressly determines that the practice is required by a federal or state statute, regulation, rule, policy, grant condition, or other authority that is narrowly tailored to serve a compelling governmental interest. §3. Delivery of Resolution to Directors of County Divisions and Departments. - The County Manager and the County Attorney are authorized and directed to send a copy of this Resolution to the Directors of all Divisions and Departments within the jurisdiction of the BOCC. §4. Short Title. - This Resolution may be cited as the "Frederick County Racial Equality Act." The undersigned hereby certify that the Board of County Commissioners of Frederick County, Maryland approved and adopted the foregoing Resolution on the ___ day of ___, 2003.
Download the Racial Equality Act as an Adobe PDF file. 4. News Stories about the "Racial Equality Act" Below are excerpts from article in the Frederick County Gazette (Gazette.Net) regarding racial classification in Frederick County. Thompson questions Walkersville High minority policies 9/25/03 "Walkersville High School Principal Kristi Mitchell makes no apologies for trying to give children of minority families a leg up in school. She says it's the mandate of the state, after all. "Vehemently opposed to that position, Frederick County Commissioner John L. "Lennie" Thompson Jr. (R) of Walkersville is worried about what's going on at Walkersville High. He says the school appears to be giving only minorities the benefit of special programs, classifying students by race and assuming minority races need special treatment.
"Thompson has long opposed race-based governmental actions. ... He objects to special classes for minorities, such as special Scholastic Achievement Test preparation classes, because they focus on race, he said. "After hearing concerns about the announcements, [Ms.] Cosley [faculty advisor for the Multicultural Club] and [Walkersville High School Principal] Mitchell acknowledged that some might be concerned that the club excludes white students. But both repeatedly emphasized that all students are welcome in the club. "Cosley said the club is intended to teach children about diversity. ... And yes, Scholastic Achievement Test preparation classes, with a special focus on helping minority children, are available at Walkersville High, Mitchell said, but students of any ethnic background are welcome to attend, she said. "[Frederick County Commissioner] Thompson doesn't buy it. "This is racism in its most flagrant example," Thompson said. "Schoolchildren...were told to go to a particular place in the school on the basis of race." "As a parent, Thompson said he is discouraged that a school would single out students by race. ... From his perspective, disadvantaged children should get help, but no one should be presumed disadvantaged just because of his or her race. "You don't divvy up things on the basis of race," he said. "If you do it on the basis of race, then race equals a disadvantage." Excerpted from the 9/25/03 Gazette story written by Chris Patterson, Staff Member Last known link (opens new window): Little Support for Racial Equality Act 11/6/03 "A proposed bill that would force Frederick County government departments and divisions to stop classifying residents by race may struggle to find support among county commissioners.
"But [Frederick County Commissioner] Thompson is willing to forego state and federal money if necessary.
"More recently, Thompson spoke out against officials at Walkersville High School who called for "Asian, African American, Pacific Islander and Hispanic" students to attend at meeting in the auditorium. The students were called out of class and asked to join the school's multicultural club. "Thompson's Racial Equality Act is designed to coincide with the 50th anniversary of Brown vs. Board of Education. On May 17, 1954, the Supreme Court unanimously declared that separate educational facilities are inherently unequal and violate the 14th Amendment to the U.S. Constitution." Excerpted from the 11/6/03 Gazette story written by Sherry Greenfield, Staff Writer Last known link (opens new window):
Winchester
Hall 301-694-1100 or
TDD 301-694-1672 Commissioners' E-Mail Addresses:
Download the Racial Equality Act as an Adobe PDF file. END Race Counting in Frederick County, Maryland |
