|  
                 
                On the Failures of Nelson D. Rockefeller...And 
                Yesterday's Tomorrow 
                by Jennifer Stark-Hernandez 
              It 
                was a rainy day and the windows on our bus were fogged. 
                From the freeway approaching downtown Albany, I got my first view 
                of the strangest state capitol in the union. On the nearing horizon 
                were tall white towers, depressing two-dimensional steel sculptures, 
                and a massive, obliquely curved blob of a building hovering like 
                a space ship above nothing. It was like we were entering the future, 
                except this was the opposite of the future.  
                 
                This was Tuesday, March 26th and I was on a bus full of NYU Campus 
                Greens and law students, going to the state capitol to protest 
                the thirty-year-old Rockefeller drug laws. Protesting was old 
                hat for me, but if Tuesday"s event was anything special it 
                was entirely because of the alien landscape of our state capital. 
                 
                 
                The Rockefeller Drug Laws were enacted in 1973 by then Governor 
                Nelson A. Rockefeller. In an attempt to get tough on crime, the 
                laws began the War on Drugs still being fought today. These laws 
                fight drugs the way killing innocent Afghans fights terrorism. 
                They enforce mandatory minimum sentences based solely on the amount 
                of drugs a person is conviceted of having. This disempowers judges 
                to sentence based on the convict's situation, history, and the 
                severity of his/her crime. Under these laws, judges must sentence 
                fifteen years to life to those found guilty of possessing with 
                intent to distribute two grams of heroin, cocaine, or crack.  
                 
                For perspective, it is important to compare fifteen years to the 
                typical sentences of violent criminals. According to a Department 
                of Justice study on state inmates, the average minimum sentence 
                of violent offenders in New York in 1994 was sixty months. That 
                means people convicted of homicide, kidnapping, forcible rape, 
                and child abuse on average had a minimum sentence one third as 
                long as those found guilty trying to sell two grams of coke. 
                 
                In Albany, we protesters, most of whom were from the New York 
                metro area, converged in a church. There we heard testimonies 
                by ex-cons imprisoned under the Rockefeller drug laws. Those brave 
                enough to actually lobby and talk to legislators were trained 
                in the basement. On the walls of the church were photographs and 
                stories of victims of the Rockefeller drug laws. Most of the pictures 
                were taken during family visits. Their smiles and goofy poses 
                made them look like normal families but I wondered what normal 
                means to someone stuck in jail for fifteen years. 
                 
                REALIZATION #1: You just sound more radical when youÌre 
                speaking Spanish.  
                 
                The march from the church to the capitol included the obligatory 
                hey-hey-ho-_____-has-got-to-go cheer, though we peppered it up 
                with attempts at Spanish: Imperia Yanquinstas. Las leyes son racistas! 
                Indeed, the laws are racist and were made by an imperial Yankee. 
                Nelson Rockefeller was one of the countrys richest men, grandson 
                of John D. Rockefeller, the world's first billionaire, founder 
                of the feared monopoly Standard Oil, and once owner of 90% of 
                the world's oil refineries. Nelson's brother David heads Chase 
                Manhattan Bank, infamous for (among other things) a leaked memo 
                in 1995 that showed the bank using Mexican indebtedness to persuade 
                the Mexican government to eliminate the Zapatistas.  
                 
                Imperialism aside, the laws are unequivocally racist. In 2000, 
                74% of those sent to state prison were drug offenders. According 
                to the Corrections Association of New York, 94% of drug offenders 
                in New York state prisons are Afro-American or Latino, even though 
                studies show that most drug users are white. Nearly 65% of New 
                York State prisoners are from New York City. Two-thirds of the 
                prisons are more than three hours from New York, located in mainly 
                white, rural, and republican areas. These laws are sending a disproportionate 
                amount of people of color to prison. They destroy lives by severing 
                families, creating orphans, thus continuing a cycle of poverty 
                and desperation. 
                 
                REALIZATION #2: Brooklyn preteens are way cooler than me. 
                 
                The march ended with a rally on the steps of the capital. In the 
                freezing drizzle we endured many speeches and performances. The 
                Brooklyn theater troupe Outspoken Youth managed to make me momentarily 
                forget my soggy feet. 
                They performed a piece called Democracy in Wonderland. In the 
                skit, ÏDemocracyÓ was a little girl in black hot pants 
                and white tissue paper, singing and tossing a white ball (symbolic 
                of society?) around heaven. Then there was a kid in a flowery 
                rain slicker talking about peace and love. Rockefeller then came 
                on the scene and said, ÏWhat we have here is a hippy problem. 
                Then, under the guidance of Satan, he instituted his drug laws, 
                sending the hippy to jail for fifteen years to life. On her way 
                to jail she wailed, I just had a couple of ounces of drugs. I 
                was just trying to feed my habit. What I need is treatment! 
                 
                Out of all the lawyers, religious leaders, ex-cons, and teach-in 
                speakers I've heard in the last few weeks, none had such an accurate 
                and compelling analysis of the Rockefeller Drug Laws as these 
                Brooklyn kids. As I lost feeling in my fingers, as the crowd began 
                to the retreat from the rain, I was asking myself why I was there. 
                Outspoken Youth gave meaning to my presence in Albany.  
                 
                REALIZATION #3: Nelson D. Rockefeller got it all wrong. 
                 
                Walking back to the church after the rally, I saw a placard that 
                read, Nelson D. Rockefeller Empire State Plaza. Could it be that 
                one man was responsible for the 1972 massacre at Attica state 
                prison, terrible drug laws, and an ugly, dehumanizing capital 
                complex? Of course! Inspired by the city of the Brazilian capital 
                of Brasilia, Rockefeller used his money and political influence 
                to build the Empire State Plaza. Built in the dead center of Brazil 
                in previously uninhabited wilderness, Brasilia is a cement sprawl 
                of brutal towers, highways, and irrelevant sculptor parks. In 
                a country where most people cannot afford cars, Brasilia was designed 
                at an unwalkable scale. Notoriously unlivable, the construction 
                of Brasilia in the middle of nowhere for politicians and their 
                servants created a social disparity severe even by Brazilian standards. 
                 
                 
                The construction of Empire State Plaza displaced thousands of 
                residents and small business, cost tons because of the omnipresent 
                marble sheathing, and gave the state capital an all-around Fascist 
                appearance. On Tuesday, the place looked dead as hell and it wasnÌt 
                just the weather. 
                 
                As Rockefeller attempted to streamline the architecture of Albany, 
                so did he try to streamline the laws of New York. Both came out 
                a detached and simplified interpretation of peopleÌs needs 
                and ways of living. People thrive in the communities they create 
                themselves. They don't need paternalistic urban renewal anymore 
                than they need stern laws forbidding their drug use.  
                 
                Neither works. Unless people's needs and problems are understood 
                in all their social, political, racial, economic, and sexual complexities, 
                any attempted solution will be impotent at best and destructive 
                at worse. By not recognizing the causes of drug abuse and the 
                drug trade, the Rockefeller drug laws have only exacerbated the 
                situation Rockefeller sought to solve. Since his term as governor, 
                drug abuse has increased as more parents serve long term jail 
                sentences. Urban communities of color have become even more disenfranchised 
                from the economic mainstream. All this in addition to the CIAÌs 
                odious involvement with the drug trade. 
                 
                Because of the injustice of Rockefeller's legacy, I went to yet 
                another protest, hoping to be part of a growing movement. I vote. 
                I write letters. I hope you do too. Please check out the following 
                resources for more information about the laws and what you can 
                do.  
                 
                Let me end with one more point: our own role in the drug trade. 
                I know a lot of you who won't eat food made with animal products, 
                wear used clothes or Carharts to avoid sweatshop labor, while 
                at the same time using drugs with highly exploitive origins. Maybe 
                you got it from the kid down the hall, but where are your drugs 
                coming from in the first place? In the process that is our work, 
                life, and struggle, I propose we pause to consider our responsibility 
                in context. 
                 
                For more info on... 
                The Rockefeller Drug Laws  
                www.droptherock.org 
                Bureau of Justice Statistics, DOJ 
                www.ojp.usdoj.gov/bjs 
                The Rockefellers  
                HYPERLINK "http://www.pbs.org/wgbh/amex/rockefellers" 
                www.pbs.org/wgbh/amex/rockefellers . 
             |