[Peace-discuss] [SDaS] Could we legally shut down the IMC?

Tue Nov 6 14:53:43 UTC 2012

On Tue, Nov 6, 2012 at 8:21 AM, Danielle Chynoweth <chyn at ojctech.com> wrote:
> Dear Bob,
>
> There is a legally responsible entity - board of directors at the IMC.  We
> meet monthly and since the incident we have met regularly. We had a series
> of emergency meetings after Leon was arrested, trying to gather information
> and review safety at the IMC.
>
> Much to my surprise, very few people have approached me asking for
> information or raising concerns about this issue, even though every one
> knows how to find me.  I found this silence strange and eerie.  Now, out of
> the silence comes an email asking to shut down and sell off the IMC.

Are you in charge of the IMC? I want to know who's in charge. Normal
institutions have a clear address for accountability.

> I do not think the IMC has taken adequate measures in response, yet.  So in
> that, I agree.
>
> I have been discussing with a number of people about hosting a conversation
> about the intersection of race and sexism and what justice can we forge when
> someone is harmed as well as when the accused is facing a criminal justice
> system that is neither just nor restorative. Some of these conversations
> have already happened informally.

I'm interested in a different discussion: whether and how the IMC can
become an institution which is accountable to the community in which
it resides.

> It has been hard to figure out how to hold a semi-public conversation in
> light of a pending legal case.  But I think we should.

I think that there are issues that the IMC needs to address which can
be addressed regardless of the legal case.

> I personally have been heartbroken for many weeks, remembering all my
> sisters who have been raped with no consequence and remembering all my
> brothers who spent time being victimized by the criminal justice system.
>
> I want to talk and be part of the solution.  My cell phone is 217.721.7223.

I'm happy to be part of the solution; I'm happy to participate in any
conversation which is premised on the understanding that the IMC has
become an unaccountable and dangerous institution and it needs to
become accountable and this is an urgent priority.

> in solidarity,
>
> - Danielle
>
>
> On Tue, Nov 6, 2012 at 8:05 AM, Robert Naiman <naiman at justforeignpolicy.org>
> wrote:
>>
>> Dear friends,
>>
>> I've become convinced that the IMC has become a kind of Frankenstein
>> monster, a clear and present danger to the community. I've also become
>> convinced that there is little realistic prospect that the IMC will
>> reform itself to become a responsible and accountable institution,
>> answerable to the community in which it resides.
>>
>> The reason I have become convinced of this is that, unlike other
>> community institutions, when something bad happens in the IMC, there
>> is no clear address for responsibility and accountability. If a bad
>> thing happened in some other community institution, there would be a
>> clear address for complaint and redress. You could call the Executive
>> Director. You could contact someone on the Board. Responsible people
>> would tell you what their plans were for redress. There would be a
>> meeting of responsible people, empowered to take action. The meeting
>> would discuss: why did this happen, what can we do and what will we do
>> to try to stop this from happening in the future. But when something
>> bad happens in the IMC, there is no meeting of responsible people,
>> empowered to take action, for the simple reason that there can't be.
>> There's no such thing in the IMC as a group of responsible people,
>> empowered to take action. Because this is the case, there is a culture
>> of impunity in the IMC. And this is intrinsically dangerous to the
>> community. If the Urbana police announced, "in this three block
>> radius, we are no longer going to enforce the law," that would be
>> intrinsically dangerous to the community. That hasn't happened in this
>> case, of course. But there is a culture in the IMC of being above the
>> law and beyond accountability, and that is intrinsically dangerous to
>> the community.
>>
>> Therefore, since effective reform of the IMC seems impossible, I have
>> come to the conclusion that legal avenues should be explored to force
>> the IMC to shut down.
>>
>> I'm interested in brainstorming means by which the community could
>> legally force the IMC to shut down. Broadly speaking, I have two
>> ideas.
>>
>> 1. Civil lawsuit. The community could launch a civil lawsuit against
>> the IMC, seeking to force it to disgorge its assets, including its
>> building. Once the building had been seized, it could be sold off to a
>> developer who would raze it and construct something of use to the
>> community, like housing.
>>
>> 2. Action by the City of Urbana.
>>
>> A. The City of Urbana is legally empowered to seize the building by
>> eminent domain for a public purpose. The legal standard for this is
>> actually quite low. If the community came up with a reasonable plan
>> for seizing the building by eminent domain and using the land for a
>> public purpose, I have no doubt that we could get five votes on the
>> Urbana City Council for it.
>>
>> B. Zoning change or other legal change. The zoning of the IMC could be
>> changed so that it would be no longer possible to maintain an IMC-like
>> no-accountability institution there. The City could require that any
>> non-profit in the area have a legally accountable Executive Director.
>>
>> C. Vigorous enforcement of existing law. Typically, it's the case that
>> laws aren't enforced to the letter. A community pressure campaign
>> could push the City of Urbana to vigorously enforce all existing laws
>> with respect to the IMC. The IMC building is old. Probably it has code
>> violations. These could be enforced. Also, I think a regular parade of
>> uniformed city officials marching through the building would be
>> salutary. These things could help foster the perception inside the IMC
>> that it's not a Lord of the Flies island of no accountability, but
>> physically exists inside the City of Urbana where the rule of law
>> prevails.
>>
>> I'm sure others have ideas for legal means that we can use to end the
>> threat that the IMC represents to the community. I would be very
>> interested to hear them.
>>
>>
>> --
>> Robert Naiman
>> Policy Director
>> Just Foreign Policy
>> www.justforeignpolicy.org
>> naiman at justforeignpolicy.org
>>
>> --
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>>
>
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-- 
Robert Naiman
Policy Director
Just Foreign Policy
www.justforeignpolicy.org
naiman at justforeignpolicy.org