Racial Justice Campaign Disappointed with Judge’s Ruling on

FOR IMMEDIATE RELEASE
August 9, 2006, 1:30 p.m.

Atlanta, GA – Members of the Racial Justice Campaign Against
“Operation Meth Merchant” (RJC) are deeply disappointed with last
week’s ruling by Judge Harold Murphy, denying the selective
enforcement motion filed by the American Civil Liberties Union
(ACLU). The ruling continues a troubling trend in the US criminal
justice system, which has historically made it extremely difficult to
win a claim of selective enforcement. The burden of proof for
selective prosecution is put upon the claimants, who must prove that
law enforcement actions had a racist effect and that there was a
racist motivation. Despite this extreme standard, the RJC believes
there is more than enough evidence to warrant further investigation.

“Very rarely have people of conscience won racial justice through the
courts,” said Dan Horowitz de Garcia, an organizer for the RJC. “The
system is designed to make sure we don’t get far going down that
road. The fact we got as far as we did is a heavy indictment on the
government’s case.”

Months before the motion was filed, the RJC was organizing to stop
the prosecutions of South Asian convenience store operators in this
case. Recently the RJC staff people returned from a trip to Geneva,
Switzerland where they met with members of the United Nation’s Human
Rights Committee (UNHRC). The UNHRC raised concerns about the
widespread use of racial profiling by law enforcement, and advised
that the US government take stronger efforts to prevent cases of
racial targeting like in “Operation Meth Merchant.”

The RJC plans on continuing its organizing efforts. Presently members
of the campaign are analyzing the impact Judge Murphy’s ruling will
have. “It is unfortunate that Judge Murphy’s decision has abruptly
denied justice through the court system for the people whose lives
have been ruined by ‘Operation Meth Merchant’. We are now in the
process of determining what our next steps should be,” said Deepali
Gokhale, campaign organizer of the RJC. “You can bet we’re going to
include organizing a unified community voice demanding governmental
accountability. Law enforcement and prosecutors cannot have free
reign to terrorize communities.”

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Racial Justice Campaign Members Optimistic After UN Meeting In Geneva

“Operation Meth Merchant” Named as an Example of Racial Profiling by Law Enforcement

FOR IMMEDIATE RELEASE
July 25, 2006, 11:30 a.m.
Contact: Deepali Gokhale, 404-822-5090, stopomm@mindspring.com

GENEVA, SWITZERLAND – Racial Justice Campaign Against “Operation Meth Merchant” (RJC) members returned home after a meeting with the United Nations Human Rights Committee (UNHRC) in Geneva, where US delegates were questioned about human rights violations during a review of US compliance with international human rights law. The UNHRC will submit its final comments to the United States on Friday, July 28th, the same day that the American Civil Liberties Union (ACLU) will file their final response to the U.S. government regarding their selective enforcement motion.

“Operation Meth Merchant”, the recent sting operation that targeted South Asian merchants in Georgia for allegedly knowing they were selling products that would be used to make methamphetamine, was presented by a UNHRC member as an example of racial profiling. UNHRC members raised concerns about the widespread use of racial profiling by law enforcement and advised the US government to address the lack of accountability or tracking mechanisms in place to monitor the activities of regional task forces set up to wage the “war on drugs” and the “war on terror”. Both of these “wars” disproportionately impact people of color, and the regional task forces have been widely criticized for their role in perpetuating racial profiling.

Wan Kim, Assistant Attorney-General at the Civil Rights Division (CRD) of the US Department of Justice (DOJ), stated that the CRD will investigate any allegations of racial profiling by law enforcement and, if it finds the allegations to be true, drop all charges against those indicted, regardless of guilt or innocence. As increased evidence of racial profiling mounts in Georgia’s “Operation Meth Merchant”, RJC members are hopeful that the US government will honor its word and investigate the racial targeting undertaken by law enforcement officials.

“If what Mr. Kim says is true, we wonder why the Department of Justice has not yet investigated the obvious racial bias in Operation Meth Merchant. We look forward to the day the charges are dropped, and we hope that day comes soon,” said Naju Mavany, Grassroots Organizer of RJC. “Meanwhile, people’s lives continue to be destroyed by this unlawful racial profiling.”

In “Operation Meth Merchant,” a regional anti-drug task force employed convicted methamphetamine producers as “confidential informants” in order to target South Asian merchants, who comprise less than 2% of the population and only 19.3% of the convenience stores in northwest Georgia. As a result of the discriminatory practices, South Asian-owned stores were nearly 100 times as likely to be investigated than other similarly situated stores in the area.

In support of a selective enforcement motion filed by the ACLU, informants involved in the operation have stated that the agent in charge of the operation expressed antipathy toward South Asians and directed them to target only South Asian owned stores, even though these informants had identified multiple white-owned stores that had previously sold them the products in question.

“Equal treatment under the law is not only an internationally recognized human right, it is also written into our own Constitution,” said Deepali Gokhale, Campaign Organizer of RJC. “It is unfortunate that we had to go all the way to Switzerland to plead with our government to uphold its professed anti-discriminatory values, and we are astounded by the lengths we have to travel in order to bring about justice, when human and Constitutional rights have so clearly been violated.”

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ACLU Selective Investigation Motion Hearing

The ACLU Motion was heard by Judge Murphy at the Rome Federal Court on June 19, 2006. The Motion contained sworn testimony by two confidential informants (CIs) stating that they bought ingredients to create methamphetamine from various stores, not limited to ones owned by South Asians, yet law enforcement agents steered them solely towards South Asian owned stores to conduct their controlled buys as part of "Operation Meth Merchant".
At the hearing today the CIs were to appear before a judge and testify. However, as of this morning, both of the CIs decided not to testify. Instead, the ACLU presented a different witness that would corroborate the statements made by the CIs. He is the cousin of one of the informants and was present when the prompting by law enforcement of the controlled buys took place, because he had to drive his cousin to each of the stores during the investigation. He is willing to testify in front of the judge. The prosecutors argued that they needed time to be prepare to cross examine the witness, and the judge has decided to hold the hearing on Thursday (June 22) at 10:00 a.m.
This is a pivotal point in the cases. We are watching how the court decides to proceed in the matter. Racial targeting is difficult to prove in the judicial system despite the fact that the statistics and all other evidence show that racial targeting took place on Operation Meth Merchant.

ACLU Hearing Part II

On June 22, 2006 Judge Murphy heard from John Ross, a witness to law enforcement agents’ inciting comments towards South Asian merchants. This hearing was the ACLU’s opportunity to present witness testimony supporting its Motion to dismiss charges against defendants of Operation Meth Merchant.

John Ross’s testimony actually went above and beyond the written affidavit of his cousin who worked as a confidential informant for law enforcement during the sting operation. Ross testified that law enforcement agents actually said that they wanted to “close down the Indian stores,” in addition to the comment about needing to make specific statements about making a cook because it was needed to trap the Indians whose “English wasn’t so good.” Ross was able to keep his cool throughout prosecutor, Lisa Tarvin’s intimidations.
Ross later told the ACLU team that he was moved by the show of thankfulness of the family members and supporters when he got off the stand and made eye contact with people in the gallery. Some of them put their palms together in a show of thankfulness and support for the witness taking a risk and testifying against the government.

Lisa Tarvin tried to have the motion thrown out saying that there was not sufficient evidence to warrant a motion to dismiss and that since so much time had elapsed since the sting operation occurred, it did not have merit. The Judge however, has mandated the government to respond to the motion, which they agreed to do by July 21st, 2006 and the ACLU will have a chance to counter respond two weeks after that.
Judge Murphy also made the point that since this was such a grave offense that the government was being accused of, he would have the patience to hear the evidence out. After the hearing, the judge specifically addressed the gallery and told us that the laws are there to protect everyone no matter his or her legal status in the US.
After the hearing the ACLU lawyers met with the defendants and told us that what today meant was that after the government had a chance to respond, the ACLU would ask for the evidence to be made transparent to the defense. Once the ACLU has more access to this evidence the case for racial targeting would become stronger. By understanding why the sting operation took place and how the government went about it, their tactics would become known.

One Year Later: The Anniversary of Operation Meth Merchant is No Cause for Celebration

FOR IMMEDIATE RELEASE

June 2, 2006, 12:00 p.m.

One Year Later: The Anniversary of “Operation Meth Merchant” is No Cause for Celebration

Media Contact: Deepali Gokhale, 404-822-5090, stopomm@mindspring.com

ATLANTA, GEORGIA, June 2, 2006 -- Saturday marks the one-year anniversary of the day 49 people were arrested as part of "Operation Meth Merchant," the government’s botched sting operation targeting South Asian convenience stores in northwest Georgia. Roundly criticized by attorneys, community activists, and academics, last summer’s operation has done nothing to solve the methamphetamine ("meth") problem. Instead, it has become a symbol of wasted taxpayer resources, scapegoating of a vulnerable immigrant community, and an overzealous U.S. Attorney’s office.

“Operation Meth Merchant” has done nothing to address the meth problem in Georgia. In fact, the number of meth labs found in northwest Georgia has increased. Even the Lookout Mountain Drug Task Force, the group responsible for “Operation Meth Merchant”, has corroborated this fact in an article on February 18th titled “Meth Crisis” in the Rome Daily Tribune. Also, according to the U.S. Drug Enforcement Agency’s own statistics, more than 80% of the meth in northwest Georgia is created in superlabs in other places and transported into this state. (http://www.csdp.org/research/Campion_Testimony.pdf) Targeting a community that makes up less than 2% of the population is not only misguided, it does not begin to address the ominous problem of meth in northwest Georgia and instead attacks and scapegoats a vulnerable community in the process.

One motion filed in these cases demonstrated South Asian stores in the relevant area were 95 times more likely to be investigated than non-South Asian stores. The Racial Justice Campaign Against “Operation Meth Merchant” (RJC) asks the government, one year later, to answer for how targeting and devastating a community based on their race, ethnicity and language has provided any real solutions to the terrible problem of meth addiction in northwest Georgia.


One-Year Later: What Operation Meth Merchant Has Done

The government has only succeeded in devastating the lives of a vulnerable minority group. More than half of the stores targeted have closed, at least 5 men are detained far from their families awaiting deportation, one woman was left homeless when her husband was taken into immigration custody, and the resulting stress has led some to consider suicide. Seven brave souls await trial. All this, when the government has never shown that meth was sold, produced, or used as a result of sales from the South Asian operated stores.

Throwing people in jail has never solved the problem of drug addiction. Federal tax dollars have irresponsibly been wasted on an ineffective operation that targets people with at best a tenuous connection to the actual problem instead of investing resources on real solutions—drug rehabilitation, diversionary programs, and drug counseling.


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ACLU Motion Bolsters Community Charges of Racial Bias In 'Operation Meth Merchant'

Public Demands that U.S. Attorney David Nahmias Drop the Prosecutions

FOR IMMEDIATE RELEASE
April 4th, 2006, 5:00 p.m.
Media Contact: Deepali Gokhale, 404-822-5090, stopomm@mindspring.com

ACLU Selective Investigation Reinforces Community Charges of Racial Bias
South Asian Stores Targeted Over 90 Times More Often in Operation Meth Merchant

Racial Justice Campaign Against Operation Meth Merchant Welcomes ACLU Motion
Legal Support Echoes Accusations of Unfairness from Law Enforcement from the Public

ACLU Motion Follows Community Outcry of Racial Targeting
Victims of ‘Operation Meth Merchant Feel Vindicated by Motion


Tuesday, April 4th, 2006, Atlanta, GA — Echoing community cries of injustice and racial targeting in the government’s controversial “Operation Meth Merchant”, lawyers from the American Civil Liberties Union’s Drug Law Reform Project will file a selective investigation motion in court tomorrow. The Racial Justice Campaign Against Operation Meth Merchant (RJCAOMM) has spent months organizing to stop the prosecutions of South Asian convenience store operators indicted for selling legal products allegedly with the knowledge the goods would be used to make methamphetamine. The ACLU motion will reveal facts that authorities selectively targeted South Asians in their investigation.

The RJCAOMM created a groundswell of local, national, and international support that has moved public opinion enough to encourage people to tell the truth. “Operation Meth Merchant is under attack in court and, just as importantly, in the community,” said Christina Alvarez, an ACLU attorney representing defendants in the cases related to the operation. “The local community’s ability to courageously speak as a unified voice in protest of the operation has been, and will continue to be, crucial to obtaining justice for the accused.”

The ACLU’s selective investigation motion reveals facts that reinforce the Campaign’s assertions. “Scapegoating a community based on their race will never make northwest Georgia safer,” said Priyanka Sinha from Raksha, an Atlanta-based organization serving the South Asian community. “Law enforcement has a responsibility to investigate people based on evidence, not skin color. These people are human beings. They are hard-working and long standing members of the Georgia community. Because of these racially targeted and irresponsible prosecutions, their lives are ruined.”

On Tuesday, March 14th, 2006, RJCAOMM organizers met with U.S. Attorney David Nahmias and key officers behind the sting operation. Despite the overwhelming demonstration of solidarity from organizations and individuals from all races and backgrounds around the country, Nahmias has remained unmoved for the sake of winning at all costs, regardless of what justice requires in these cases. The families affected by the sting operation believe the ACLU filing will mark a turning point in the Campaign. “We are fighting together, we are not alone, we knew we were treated unfairly and now here is the proof. Because we have come together ourselves, others are also coming forward to tell the truth and demand that the Government treat us fairly,” said Gita Patel, wife of one of the South Asian store owners devastated by the sting operation.

“At one of our rallies, we demanded that the prosecutors ‘air the dirty laundry’ in this racially biased operation,” said Deepali Gokhale, organizer of the Racial Justice Campaign. “We are pleased that the ACLU’s motion will finally begin that process, and that everyday people, empowered enough to stand up for justice, have once again made the difference.”


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Solidarity Press Conference

by Aundra Berry

On March 15th, 2006, the Racial Justice Campaign Against Operation Meth Merchant joined leaders from African American, African immigrant and Latino grassroots organizations to affirm their cooperative efforts to combat the problems in the U.S. criminal justice system that continue to have such detrimental effects on minority individuals, families and businesses. The RJCAOMM stood together with these local grassroots social justice organizations to raise awareness of the various instances of racial profiling in various communities of color and to demand action in a press rally and march originating at Robert W. Woodruff Park in downtown Atlanta.

The event, which attracted more than 450 supporters and an equal number of spectators, opened with an impassioned speech from Deepa Iyer, representing SAALT (South Asian American Leaders of Tomorrow), that cautioned communities of color to stop isolating themselves from each other based on misperceptions and prejudices. She underscored the fact that minority communities share some of the same history relating to discrimination and mistreatment in the criminal justice system. The crowd responded to her heartfelt call for unity in the face of prejudice and oppression.

The rally continued with Terence Courtney of Jobs with Justice who urged the crowd to work together building collective strength to assert and fight for human rights whenever injustice occurs, whether it is in the legal system or in the workplace. Courtney lauded Raksha and the RJCAOMM for bringing Jobs with Justice into the campaign.

After a word from Glory Kilanko (Women Watch Africa) on the impact of human rights violations on immigrant and minority communities, supporters were again energized by a plea from Homero Leon (Coordinating Council of Latino Community Leaders) to become aware of the history of victimization, marginalization and violation faced by early immigrants to the United States so that all communities can learn from those past struggles. His speech brought the message home that no group can afford to ignore the discrimination and injustices that many face when seeking a better life in America.

RJCAOMM campaign organizer Deepali Gokhale closed out the rally by providing a glimpse of the devastation wrought on the South Asian community by the DEA’s misguided efforts to eradicate methamphetamine sale, use and distribution through the “Operation Meth Merchant” stings. She asserted that people of color know all too well how devastating it is to their communities when the very system that is charged with keeping them safe turns and targets them instead.

With their resolve to fight for change strengthened, the mass of supporters then began a march to the office of Attorney General David Nahmias. The RJCAOMM wanted to make a symbolic presentation to the Attorney General of several hundred letters of solidarity signed by allied organizations and individuals from all over the country. The letters express the organizations’ concern over the targeting of the South Asian community by law enforcement in “Operation Meth Merchant” and make a unified call for an end to the unfair prosecutions. On the route to the Richard B. Russell Federal Building, the campaign supporters Dan Horowitz de Garcia and Joanne Demark led the group as they sang and chanted for “JUSTICE NOW” in Gujarati. US Attorney David Nahmias’ office refused to accept the solidarity letters, showing the prosecutions refusal to recognize the community’s support for the defendants of Operation Meth Merchant.

The rally and march attracted a great deal of interest from passersby who requested more information on the campaign and expressed their support for RJCAOMM’s efforts.

Federal Prosecutors Pressure Two More People to Plead Guilty

Picture by William Martin, for the Rome News-Tribune

Article by Aundra Berry

On Tuesday, February 21, 2006 two additional defendants appeared in Federal court in Rome, Georgia to plea guilty to charges that they knew the legal products they were selling in 2004 and 2005 would be used in the manufacture of methamphetamine.

The Racial Justice Campaign against Operation Meth Merchant continues to work to raise awareness of the injustices and inconsistencies surrounding this case and calls for accountability from prosecutor Lisa Tarvin and Attorney General David Nahmias for the viciousness of their focus on this small, marginalized community. The defendants targeted by this operation have faced overwhelming pressure to accept the plea deals offered by prosecutor Lisa Tarvin. Fearful of the estimated $250,000 fine, the prospect of spending up to 25 years in prison, and the small likelihood of getting a fair trial in an area with elevated anti-immigrant sentiment, Balvedbhai Patel and Rekha Remesh faced few alternatives as their legal fees continued to mount and pressure from law enforcement increased.

The hearings were followed by a candlelight vigil outside the courthouse to expose the devastating effect that the charges have wrought on the affected families, their lives and their businesses. Campaign organizer Deepali Gokhale stressed to media representatives from the Rome News Tribune, Fox News and WGCL Atlanta that many of the defendants who have pled guilty have done so only after running out of options, with no money, patience, and resolve left to carry on the uphill battle against the charges.

To bolster this sentiment, the NAACP Legal Defense and Education Fund issued a press release about the troubling representation of guilty pleas as a sign of success. The Drug Policy Alliance also issued a press statement, focusing on how nonsensical it is to hold store clerks responsible for policing the failed War on Drugs, arresting them when they are simply doing their jobs and providing good customer service.

Many of the family members and defendants were on hand to tell their own stories of emotional devastation and financial ruin. One woman, Sohela Ahmed, gave her own heart-rending account of the suffering endured by her family as her husband Mohammed awaits trial. Though Sohela recounted the touching details of how her family has depleted its savings and has lost most of their income, the Ahmed’s remain committed to fighting the charges. Mohammed’s emotional state is tenuous and his legal problems have dealt him a near-paralyzing blow. But for him, a U.S. citizen, returning to India is not an option after 20 years spent building a life in the states.

Of the 49 defendants arrested under the meth sting, 8 have been either misidentified or dismissed, and 20 additional cases are still pending. The Racial Justice Campaign will continue to gather support for the South Asian community through on-going outreach efforts and press events. The goal of the campaign is to have the cases dismissed by spotlighting the racially biased sting operation and demanding alternative measures on the part of law enforcement to combat the rising drug problem in North Georgia. Studies have shown the effectiveness of education, outreach and rehabilitation in reducing drug use and associated crime in communities across the nation.