Amid all the gut-level frustration and furor over fairness in the George Zimmerman acquittal, the overriding–indeed, determinative–issue at play remains Florida’s unconscionable “Stand Your Ground Law” and the Wild West mentality behind it. Without it, arguably, Trayvon Martin would be alive and his name wouldn’t be synonymous with tragic death and racial double standard.
This, however, is not to dismiss the role of profiling, which remains embedded in racially-skewed America. But the uncomfortable, contextual reality for this persistent, perverse phenomenon is one we typically shy away from–except at times such as this. Thus, we’re now hearing it from the polarizing, white-right rants of Pat Buchanan to the sobering acknowledgements of Michael Nutter, the moderate black mayor of Philadelphia. They are reminding us of ever-alarming, black-on-black crime rates and the dysfunctional culture that often incubates and enables them.
It’s also a reminder of why profiling even happens. Just ask 20-something, post-9/11 Muslim male airline passengers. Not all furtive glances are equal. Not fair to any individual. Of course it isn’t. But human nature, statistical generalizations, knee-jerk over-reaction and drumbeat headlines can create its own biased dynamic.
But while profiling was part of the Zimmerman trial back story, it wasn’t causal.
Put it this way: Were this not the Gunshine State, where an unnecessarily armed George Zimmerman could willfully insert himself into a context that could provoke confrontation with immunity, there would doubtless have been any tragedy. Without a gun-emboldened Zimmerman, Trayvon Martin doesn’t get followed, doesn’t get into a fight and doesn’t get shot dead. Without that vigilante-motivating piece of 2005 legislation and a license-to-carry culture, Zimmerman may have become a literal “watch” captain and Martin an anonymous graduate of Dr. Michael M. Krop High School.
Recall that before Florida enacted SYG, people could not use deadly force to defend themselves if it were reasonably possible to retreat. So much for reason. In effect, an armed individual can go out of his way–and home–to exercise an extension of his “castle”-protecting rights. It’s hardly happenstance that last year there were a record 66 justifiable homicides in Florida. The average from 2001-05: 13. It’s hardly coincidental that SYG has worked to free an inordinate number of gang bangers and violent attackers in the name of specious self-defense claims. It’s, well, criminal.
What SYG does, according to U.S. Attorney General Eric Holder is “senselessly expand the concept of self-defense” and increase the possibility of deadly confrontations. For that reason, AG Holder wants SYG laws re-examined, which is code for repealed.
The sham that is SYG–and there are variations in more than 20 other states–should be priority one for all demonstrations, rallies, vigils, pulpit orations and cable-TV harangues.
Calls for a civil-rights redress trial–actually a federal, pay-back, double-jeopardy work-around–are not a prudent use of the energy of outrage. Zimmerman was hardly the embodiment of racial animus and stalking. That’s the main reason Florida’s own hate crime laws were never invoked against him. Also not helpful: Rodney Kingesque “No justice, No peace” signs. This is a still a matter of law, not a forum for courting violence. Fortunately, there’s been little of the latter.
The Scott Factor
So let’s hear it for the youthful “Dream Defenders” who have been peacefully sitting in at the Tallahassee Capitol making the high-profile point that SYG needs repealing. “We think ‘Stand Your Ground’ has created a culture that allowed Zimmerman to think that what he did was okay,” said Gabriel Pendas, a founder of the student protest group.
The campaign, as we know, will be beyond formidable and needs grass roots activism well beyond “Dream Defenders.” Gov. Rick Scott is already on the record for saying that he believes that “‘Stand Your Ground’ should stay in the books” and that it’s not worth calling a special legislative session over. This, of course, is no unexpected response given the “no-changes” recommendation by that less-than-neutral SYG task force that was chaired, so to speak, by ex-Lt. Gov. Jennifer Carroll last year and the seemingly unwavering support by Republicans in the Legislature. Even renegade GOP state Rep. Mike Fasano approves of SYG.
Maybe the biggest hopes–given that common sense and public welfare appear non-factors–for at least a special session are a serious state threat of a boycott beyond Stevie Wonder or some last-minute gubernatorial flip-flopping. We’ve seen how Scott has pandered to teachers after having shafted them earlier. We’ve seen him “accept” federal Medicaid money but not raise a finger to actually lobby for it. We’ve seen him turn down Orlando-to-Tampa high-speed rail billions, only to sign off on the politically shady, Orlando-area SunRail/CSX deal. He’s too self-servingly duplicitous to count out.
If, as an unpopular incumbent, Scott thinks he needs an ideology-challenged game-changer–and he did blindside Won’t Weatherford’s House and his Tea Partying fan base on Medicaid expansion–there’s no telling what he might ultimately do to win re-election.
Then again, a special session is only a guarantee of melodramatics and posturing. But the idea is to make everyone–and lawmakers can be pro-gun and anti-SYG–on that side sign on again in the post-Zimmerman/Martin environment that wasn’t the reality of 2005.