WASHINGTON – The Thurgood Marshall Civil Rights Center at Howard University School of Law, Law for Black Lives- DC, and the Criminal Justice Policy Program at Harvard Law School are urging U.S. lawmakers to do more to address structural racism in the next coronavirus relief package. A new report by the center titled The Contradiction of Colorblind COVID-19 Relief: Black America in the Age of Pandemic finds that federal coronavirus relief efforts up to this point have taken a colorblind approach, failing to acknowledge and adequately address the disproportionate impact the coronavirus has had on the Black community.

“As the pandemic persists, the impact of lawmakers’ failure to address structural inequalities and racial discrimination in health care, financing, employment, policing, and mass incarceration has become even more clear,” said Justin Hansford, executive director of the Thurgood Marshall Civil Rights Center. “True justice looks like recognizing the need for more relief for Black people as opposed to those who are not facing the same level of systemic harm.”

The report highlights five issues that have been aggravated by the pandemic, including health, economics, domestic violence, policing, and mass incarceration and cites policy solutions proposed by researchers, advocates, activists, and organizations. Recommendations include:

• Expanding access to testing in Black neighborhoods and making healthcare universal
• Dedicating funds to minority owned businesses and the creation of a Minority Business Development Agency
• Provide support for Black led nonprofit organizations, shelters and advocacy groups that combat domestic violence
• Divest from police, shift resources to Black communities and create a fund for victims of police brutality
• Expand compassionate release during the coronavirus pandemic and beyond

According to the report, the rate of death from the coronavirus is highest among Black Americans. While the coronavirus itself infects people without regard to race, political failure to address systemic inequality in healthcare delivery, economic access, and other areas has caused Black Americans to be more than twice as likely to die from the virus compared to other groups.

"L4BL-DC is committed to building a world where Black Lives Matter,” said Natalie Laroche with Law for Black Lives- DC. “We aim to eradicate White supremacy and anti-Blackness in all systems that threaten the lives and wellness of Black people. If not confronted and dismantled, systemic racism will continue to allow the novel coronavirus to disproportionately kill Black people. The increased death rates from the virus that are due to structural and racist failures, particularly in the healthcare system, are unacceptable." 

Black Americans are more likely to experience discrimination in health care, and are placed in more impoverished environments, which leads to health conditions such as “hypertension and other chronic diseases.” Discrimination in unemployment has also led Black Americans to be hit harder economically during the pandemic. Studies have found that more than 80% of Black workers perform jobs that cannot be done remotely and are overrepresented in frontline positions. Black workers comprise 37.7% of jobs in the essential services industry. This includes the healthcare and social assistance workforce where Black workers are approximately 50% more likely to work than White workers.

Despite risking their lives to ensure that all Americans have access to food, healthcare, and transportation, Black workers are undercompensated and more likely to be the first fired during economic downturns, a pattern which is already reflected in coronavirus unemployment numbers. A study cited in the report finds that 21% of Black Americans have lost their jobs compared to 15% of White Americans.

During the coronavirus pandemic, the nation and cities across the world have contended with the abuses perpetuated against Black communities, particularly those involving police violence. The brutal murders of George Floyd, Breonna Taylor and Ahmaud Arbery cast a new light on aggressive policing that targets Black communities. Government responses to the pandemic have aggravated the disproportionate targeting of Black Americans in a variety of ways.

In Brooklyn, New York, the district attorney announced that out of 40 people arrested for social distancing violations from March 17 to May 4, 35 were Black. NYPD also released data showing that 81% of the summonses issued related to social distancing were issued to Black and Latino residents. Concerns about heightened surveillance during the pandemic continue to increase as governments consider the use of artificial intelligence to track pedestrians and monitor if they are adhering to social distancing guidelines. Heightened surveillance poses a high risk for Black communities who are often deemed “suspicious” based on racialized perceptions. Policies that should be helping to keep communities safe during the pandemic are being used to target Black and low-income communities.

“Despite the greatly increased risk of COVID-19, millions of people remain in jail, prison and immigrant detention,” said Chijindu Obiofuma, legal fellow for the Criminal Justice Policy Program. “Black people are overrepresented in each of these settings. This is unacceptable. These are our loved ones, our elders, and our friends. Communities impacted by the criminal legal system exist at the intersection of multiple systemic failures, each needing particular attention. But the first step is to bring our community members home.”

Mass incarceration overwhelmingly impacts Black and Latino communities. Those in jails and prisons are more vulnerable to infection and death from COVID-19. With 40% of incarcerated people having at least one chronic health issue, the brutal conditions of confinement including “overcrowding, violence, sexual victimization, use of solitary confinement, and lower standards of medical care,” leave incarcerated populations with little to no protection from the virus. A comprehensive response is necessary to address the multitude of existing systemic problems in the criminal legal system which have worsened because of the virus.      

“We believe that racism in America is the real pre-existing condition that is responsible for these disproportionate outcomes, not some other kind of intrinsic Black deficit” said Hansford. “If politicians really believe that Black lives matter, they will provide resources in a way that is proportional to the harm that our communities are suffering. Signing on to support our call for color conscious COVID relief is a way that anyone can play a role in responding to the deeply unjust distribution of suffering along racial and class lines. Ultimately, it will fall on our elected leaders to treat us fairly and we will hold them accountable.”

Click here to read The Contradiction of Colorblind COVID-19 Relief: Black America in the Age of Pandemic.  

Click here to sign on to the report before it is delivered to congress later this week.

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About Thurgood Marshall Civil Rights Center

The Thurgood Marshall Civil Rights Center (TMCRC) is the flagship setting for the study and practice of civil rights law at Howard University, the leading historically Black university in the United States. TMCRC seeks to expand civil rights, human rights, freedom, and equal justice under the law by integrating legal advocacy, grassroots organizing, and academic study.

About Law for Black Lives-DC

Law for Black Lives- DC seeks to eradicate white supremacy and anti-Blackness by leveraging the collective skills and experiences of lawyers, legal professionals, and Black people to support Black-led community efforts in the struggle for liberation and justice in metropolitan Washington, D.C.

About the Criminal Justice Project at Harvard Law

The Criminal Justice Project at Harvard Law School works towards meaningful reforms on cutting-edge criminal justice issues. By conducting rigorous legal and policy analysis, forging partnerships with advocates and policymakers around the country, and convening diverse stakeholders, CJPP aims to develop solutions to hard problems of criminal justice reform.

Media Contact: Misha Cornelius, misha.cornelius@howard.edu