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BLACK FARMERS REVISIT LAWSUIT

By Anita Reding/OF THE COMMERCIAL STAFF
Saturday, July 22, 2006 10:31 PM CDT

The Black Farmers & Agriculturalists Association, Inc., sponsored a seminar in Pine Bluff Saturday to provide information about the organization’s efforts to re-open a race discrimination lawsuit.

The national advocacy organization has been working with congressional members on legislation which would allow the lawsuit to be reopened, said Tom Burrell, president.

He explained that the organization is working with representatives of all political parties on the issue, and two bills have been introduced to the House of Representatives.

HR 4398 was introduced in November, and states that in 1998, a lawsuit was filed against the U.S. Department of Agriculture, alleging that it had violated the Equal Credit Opportunity Act and the Administrative Procedure Act by maintaining a pattern and practice of discrimination against African American farmers.

In 1999, the United States District Court of the District of Columbia approved a civil rights settlement, and the USDA and African American farmers entered in to a five-year consent decree.

The consent decree explains how the involved parties will interact with each other in the settlement, Burrell said

According to a USDA Inspector General report, many discrimination complaints were never processed, investigated or resolved. Delays in processing the discrimination claims of many African American farmers resulted in numerous farmers losing their rights to file claims.

Other claims were rejected because they were submitted after the deadline, according to the proposed legislation.

Also, thousands of individuals were not notified of the civil rights settlement, Burrell said.

The purpose of Saturday’s meeting was to provide an overview of the lawsuit, to prepare individuals to participate if the case is re-opened and to prepare for the future of the industry, Burrell said. Similar meetings are being held around the country.

If the lawsuit is re-opened, individuals could participate on behalf of themselves or their ancestors who farmed or attempted to farm during a certain time period, Burrell said.

Henry Daniels of Altheimer said he attended to “just sit in on the meeting and see what they were talking about.” He added that he believes he would qualify to be a part of the case if it is re-opened, and plans to search for the information he will need.

Sandra Stewart of Little Rock is not a member of the national organization, and found the meeting “very informative.” She said her parents, grandparents and great-grandparents were all farmers and she plans to be involved in the case if it is re-opened.

Participants could receive cash settlements and priority consideration for additional benefits, such as money to purchase and operate farms, Burrell added.

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