May 13th 2024.
The residents of Kinston, North Carolina have been noticing a troubling trend in their city. It seems that the majority Black neighborhoods are being unfairly targeted for condemnation by the city. One such resident, Joseph Askew Sr., has become increasingly vocal about the racial bias he sees in the city's actions. Askew, who owns multiple properties in the area, believes that instead of conducting a thorough and unbiased assessment of all homes and properties in need of repair, the city is singling out those owned by Black individuals and families.
According to a report by Capital B News, Askew and other residents have started to investigate how the city chooses which properties to condemn. They have discovered that the list is overwhelmingly made up of homes and properties in Black areas, while ignoring similar issues in the predominantly white areas. This disparity has prompted Askew, along with two others, Curtis Washington and Gordon Wade III, to file a lawsuit against the city, as well as white leaders in the planning department and the all-Black city council. Their goal is to put a stop to the city's demolition plans for their properties. While their initial lawsuit was successful, it was later dismissed by the North Carolina Court of Appeals in December 2022 due to a technicality – the trio had not first attempted to resolve the issue through local channels.
Now, the case is headed to the North Carolina Supreme Court, which is known for its conservative leanings. Justice Anita Earls, the Court's only Black justice and a Democrat, believes that the outcome of this case could have far-reaching implications for the practice of condemning property. Earls has expressed concern that a ruling against the trio could open the door for local governments to condemn the property of those who speak out against public officials, forcing them to go through a lengthy process before addressing any potential First Amendment violations.
Unfortunately, this issue is not unique to Kinston. Other cities with predominantly Black communities, such as Independence, Missouri and Ocean Springs, Mississippi, have also been accused of targeting these neighborhoods for demolition. The use of eminent domain, in particular, has been linked to the displacement of Black communities during the construction of the American highway system. Dana Berlinger, a senior vice-president and litigation director at the Institute of Justice, who has worked on a civil rights lawsuit on behalf of Ocean Springs residents, believes that keeping pressure on cities can help prevent these actions. She explains, "When the public becomes aware of these projects and plans, they are often shocked and outraged, and that can make cities rethink their actions. When we bring attention to these issues, it can create a sense of shame and force them to reconsider."
Despite the challenges he has faced, Askew remains determined to fight for his properties, regardless of the outcome of the North Carolina Supreme Court case. In an interview with Capital B, he stated, "I have to pray daily for strength to take on a municipality or another arm of the government, because if I don't, these injustices will continue. I cannot live with myself knowing that I stood by and did nothing." Askew believes that it is his duty to speak out against wrongdoing and that even if he doesn't always sleep well at night, at least he knows he has fought for what is right.
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