Growers and Producers
The Pigford case: Justice for black farmers on hold
Eleven years after the USDA settled a discrimination suit, over $1 billion promised goes unpaid
Secretary of Agriculture Tom Vilsack and John W. Boyd, Jr. Virginia farmer John Boyd describes a scene from a painful past: a white U.S. Department of Agriculture loan officer only allows black farmers to apply for loans one day a week. “Black Wednesday,” the farmers call it, and they line up outside the USDA office in Richmond, Va. The loan officer, James Garnett, leaves the door to his office open so that all the farmers in the hallway can hear the loan requests of their colleagues be summarily, and vehemently, denied.
But Black Wednesday was not an artifact of the ’50s. This was the America of the ’80s and ’90s, and in 1994, the USDA itself commissioned a review of the treatment of minorities in its Farm Service Agency programs. The commission’s study found that “minorities received less than their fair share of USDA money for crop payments, disaster payments, and loans.”
The result was a massive class-action lawsuit, Pigford v. Glickman, which the USDA settled out of court in 1999, admitting to widespread racial discrimination against black farmers in its loan programs between 1981 and 1996. About 15,000 farmers were paid a total of more than $900 million in the settlement. But tens of thousands of farmers filed claims after the deadline, and many charged that the government’s outreach had been insufficient, causing them to miss their opportunity.
In February 2010, President Obama and Secretary of Agriculture Tom Vilsack promised an additional $1.15 billion to cover the remaining claims, but the story doesn’t end there. The settlement agreement mandated that Congress appropriate the funds by March 31 of this year. The deadline came and went with no action by Congress, and so the future of the settlement remains in limbo.
After years of Black Wednesdays, John Boyd founded the National Black Farmers Association, spearheading both the original lawsuit and the effort to reopen the Pigford case in order to allow the claims of the farmers who missed the deadline. Salon spoke with Boyd about the history of the lawsuit and what the missed deadline means for farmers.
What happened between you and the USDA loan officer in Richmond?
Mr. Garnett had made 147 farm loans in Mecklenburg County, Va. Only one of those loans was to a black farmer, and he was the minority advisor to the USDA county committee. When they investigated Mr. Garnett, they asked him, “Do you have a problem making black farm loans?” Guess what he said? He said yes. He said yes, I think that they’re lazy, and they’re just looking for a paycheck every Friday.
Mr. Garnett took my loan application and tore it up and threw it in the trash can while I was sitting there in front of him. And he said he wasn’t going to lend me any of his money. When I asked him why he wasn’t going to make the loan, he said, “Well, I don’t have any money now. If you want to come back again next year, that’s up to you, but I think you need to go ahead and just sell your farm. I’ve got a farmer, Mr. Blaylock, and you can milk cows on his farm. I think that would be the best opportunity for you and your family.”
I was mad. I was looking for a $10,000 operating loan to plant my crop. After nine years in a row I’d only gotten one loan from the USDA farm services, and I would apply every year.
I said, “Mr. Garnett, I don’t think I can go back and tell my wife that I’m not going to get an operating loan again.” And he said he didn’t care. And when he said he didn’t care, I told him to go to hell in a handbasket, and he began to use profanity, and he spit tobacco on my shirt.
When the investigator asked him, “Did you spit chewing tobacco on John Boyd’s shirt?” He said, “Well, yeah.” He claimed he accidentally missed his spit can.
When was this?
This was in 1994.
What was the result of the investigation?
In my case, they found Mr. Garnett guilty of discrimination. But they didn’t terminate him. They allowed him to move to the sister county, which is Greensville County, Va., and they let him retire after two months in Greensville. He didn’t see anything wrong with that.
This is a federal agency, admitting to racial discrimination in the very recent past. Why do you think more people aren’t getting angry about this?
I think many people don’t realize it. The problem that I have is that the USDA is the last plantation. I’m not using the past tense. It is the last plantation.
Hispanics have had problems, Native Americans, women — they all have problems with the USDA and its lending programs.
[Native American farmers filed a lawsuit, known as Keepseagle, alleging discrimination against the USDA in 1999. The case is currently unresolved. -- Ed.]
The USDA was the last federal arm of this country to integrate. It filed lawsuits in federal court to prevent it from integrating. And to me that [influence] exists today. The average subsidy to the top 10 percent of farms is over $1 million per farmer. The average subsidy to a black farmer is $200.
How can the disparity be so extreme?
Very few black farmers take part in U.S. farm subsidy programs. We have these programs that we should be participating in, and we’re not. I think it has to do with outreach, and a lot of it has to do with the “good old boys” system that remains in place. This is a system that needs to be revamped. That’s part of what our original lawsuit was about.
What is the history of the current claim and the $1.15 billion settlement?
Eighty thousand farmers filed claims after the deadline. You know, they didn’t know about it.
It took from 2000 to 2009 to get the case reopened. I spent eight years on [Capitol] Hill, getting the measure in place.
But Congress missed the March 31 deadline to appropriate funds. What does this mean for the farmers?
We’re going to miss another planting season, so that means more black farmers out of business.
The government announced the settlement like it was all over. They didn’t announce the settlement like there was another step that still had to be done. The farmers that read these articles around the country were thinking that they had money on the way. We’ve hired an additional phone bank to take all of these calls that are coming in about the cases.
I’m just hoping that the administration is going to help us get this done. The president is going to have to get involved. [Vilsack] released a statement saying that he was still committed, but the question is, committed at what level?
A billion dollars is not going to happen by itself. Let’s be real here. The administration is going to have to push it. The same way [Obama] was out there fighting for healthcare, he’s going to have to stand up with me and help us get this done. You can’t just go out there and say, “Hey, I did my part. It’s in the budget, it’s done.” The budget is like the president’s wish list. If you want to turn that into a reality, you’ve got to put a little elbow grease in there.
I’m so tired of going to funerals and saying, “He died before he saw his settlement.” I look at these families and say, “I’m sorry that your daddy didn’t see the justice while he was living, but maybe you will.”
Sara Breselor is an Editorial Fellow with Salon Food. More Sara Breselor.
When eating organic was totally uncool
Before hipsters got rooftop gardens, my poor, refugee family ate that way because we had to. And we were ashamed
(Credit: Vic Valbuena Bareng) To me, the organic food movement has become dizzyingly, surreally chic. Farmers have become rock stars; the most exclusive restaurants name-check them so much you can almost see dirt on the menu. But before organic produce exploded into a $25 billion industry, before city gardening became cool, I grew up in a Hmong refugee community, living the urban organic lifestyle not because it was fashionable, but because we were poor. I couldn’t wait to leave it behind.
I grew up in Del Paso Heights, a mixed-race inner city of Sacramento, Calif. — the kind of neighborhood that had just two grocery stores between endless fast-food and liquor shops, and where we all paid for our groceries with food stamps. It was where we grew organic food and raised chickens in our backyards to survive. And where we did it in secrecy.
Continue Reading CloseFrancis Lam’s tales of the multicultural South
I'd love to tell you some stories of shrimpers, would-be mayors, bakers and market tenders: Folks dear to my heart
Andrew "FoFo" Gilich for mayor! A few weeks ago, I had the honor of addressing the august Southern Foodways Alliance Symposium, which would be the finest food conference in the country even if it didn’t dedicate a least one entire evening to various forms of fried catfish and booze.
The subject of my talk was the global influence on the South, as shown in the diverse people of Biloxi, Miss. — shrimpers and the children of shrimpers, bakers and market tenders. It’s a subject — and these are people — dear to my heart, and I found myself unexpectedly emotional as I told their rich stories: of FoFo Gilich who grew up working in a cannery and was nearly mayor of Biloxi; of Richard Gollott, who is the man literally responsible for the establishment of a vibrant Vietnamese community in this town; of Sue Nguyen, whose “Vietnamese bakery” became, over time, simply Biloxi’s bakery; and more.
Continue Reading CloseFrancis Lam is Features Editor at Gilt Taste, provides color commentary for the Cooking Channel show Food(ography), and tweets at @francis_lam. More Francis Lam.
The end of the greatest American fishery?
Threatened by mines, Bristol Bay, Alaska, is a place of beauty and heart, dependent on salmon. Plus: A slide show
If fish can be heroes, salmon have a heroic story — returning after years out in the world, they fight their way upriver back to where they were born, slipping past eagles and dodging bears to find a place for their children. But the natural order is both grislier and more beautiful than that. Those eagles and bears will stave off their hunger and snatch their fill of fish from the water. And the salmon that survive will spawn, wither and then die, their bodies nourishing the ecology with nutrients collected from the ocean.
Continue Reading CloseFrancis Lam is Features Editor at Gilt Taste, provides color commentary for the Cooking Channel show Food(ography), and tweets at @francis_lam. More Francis Lam.
Heirloom vegetables: $1,000
Sotheby's auctions high-priced vegetables to benefit local farms. But is that really an answer to agribusiness?
(Credit: Unknown) For some of us, shopping at Whole Foods, despite its inherent promise of establishing you as an esteemed member of the socially conscious, politically correct, seriously foodie upper middle class, can be a wholly unwholesome experience. You have to battle the snaking lines, the overly cutesy labels, and the overwhelming mass of organic-heirloom-tomato-toting liberals. Entirely too plebeian.
So, come Sept. 23, you can trade your brown-and-green paper bag for a designer gown and head over to Sotheby’s for a vegetable auction. You can also trade your rather ordinary orange pumpkin for one that almost sounds like a strip club — the pink banana pumpkin. Also on the auctioning block will be the Turkish orange eggplant, the Black Sea man tomato and the ridiculously diva-like Lady Godiva squash. The price of a crateful of these charmingly named veggies? A thousand bucks.
Continue Reading CloseRiddhi Shah is an editorial fellow at Salon. More Riddhi Shah.
A call for a new term beyond organic: “Authentic”
It's time to define quality in a way corporations can't co-opt
Elena Green, 3, helps her mother buy berries at the Westmoreland Berry Farm stand at the Arlington Farmers' Market in Arlington, Virginia in this picture taken June 28, 2008. While price hikes are rippling through farmers' markets across the United States, they are doing little to deter shoppers looking for local produce. Picture taken June 28. REUTERS/Jonathan Ernst (UNITED STATES) To match feature FOOD-USA/FARMERSMARKET(Credit: © Jonathan Ernst / Reuters) Some things — asparagus, summer turnips, green beans, peas, lettuce, plums, certain apples — taste obviously different when they are taken directly from the tree or soil rather than purchased in a supermarket. Yet very few of us know that from harvesting our own plants and trees. The closest we come is buying such produce at a farm stand or farmer’s market. The supporters of small-scale growers and farmers’ markets, which were once few and cheap and are now so much more plentiful and expensive, are sometimes accused of impracticality and elitism. But there’s no reason to deprive anyone of a choice between higher and lower quality. And small-scale producers sometimes show the way for mass-producers, as they did and continue do in the case of organic production.
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