BAN THE BOX: A Human Rights Struggle

Contributing Editor, Stacy M. Swimp

Contact Stacy by calling him at 989-992-3557 or

by emailing him at muendamin@aol.com.

Human rights are generally defined as “rights and freedoms that all humans should be guaranteed, such as the right to life and liberty, freedom of thought and expression, and equality before the law.” There is an initiative, which seeks to fight for that fundamental right to work on the behalf of convicted felons called: Ban the Box. The box represents the question, “have you ever been convicted of a felony?” Ban the Box is legislation that would establish new standards for hiring people with criminal records. It is not a quota or preference. It establishes that the only required considerations allowed are:

· Passage of time since conviction

· Evidence of rehabilitation (occurrences in life of applicant since crimes)

· Relationship of crime to the purposes of regulating public employment sought

· Relationship of crime to ability, capacity, and fitness for job

Moreover, the legislation does not permit the Box to be asked prior to the interview process, thereby protecting the felon from immediate discrimination.

There are approximately 1.3 million convicted felons in the State of Michigan. One out of every six adults in Michigan has a felony on his or her record. They will, of course, carry the stigmatism and bear the lifelong consequences of being a convicted felon. The vast majority of businesses have the Box on their application. It is discrimination at the front door. The question must be asked: When is enough punishment really enough punishment? This writer went to prison in 1994. It was, in my own admission, a senseless crime of passion that had absolutely no excuse. I was 25 years of age and first time offender who subsequently spent thirteen-years in prison being punished for that crime. The problem is that once released my punishment did not cease. If anything the nature of it changed and intensified. Devoid of the assurance of three meals and a cot, real desperation confronted me when I found myself immediately homeless. I found that I had gone from being locked down to being locked out.

I found it nearly impossible to get a job. I was turned away time and time again, solely on the basis of the felony that I had committed. Many times I heard, “I really like you and I wish I could help you, but the company won’t allow it.” Therefore I did odd jobs that never paid enough to really live on. I worked two jobs, one on third shift buffing floors for a company that paid me under the table because they said they could not hire felons while the other was writing for a local urban newspaper where the publisher refused to pay me for my services.

I spent my time volunteering for the community and building relationships. I finally had an opportunity given to me by the Garber Auto Group. It was the support of the Great Lakes Bay Region African American Leadership Training Institute (GBRAALTI) founded by Jimmy Greene that changed my outcome. I am a proud 2008-2009 graduate of GBRAALTI. Fortunately for me, GBRAALTI did what the Willie E. Thompson Program and Michigan Prisoner Re-entry Initiative and every other non-profit designed for prisoner re-entry would not and could not do, which was open doors that give me an opportunity to compete.

Subsequent to my success with GRAALTI, I am now a member of the Saginaw Chamber of Commerce; a 2008 graduate of 1000 Leaders; member of the Saginaw Chamber Leadership Alumni Association; a 2010 graduate of Leadership Saginaw; a certified trainer; noted public speaker; and CEO of a juvenile justice organization. I am one of the fortunate ones. However, GBRAALTI has not been able to change public policies which prevent a level playing field for the majority of felons in mid-Michigan.

Felons are prevented from serving on local boards. A prominent Christian organization denied my application once my felony became known to them. I have also been denied fair housing opportunities, even though I have reference letters from numerous regional and state leaders. Every apartment I have applied for had the Box on their application. Even though I am not a sex offender, the answer is always the same, “we can’t take your application.” Millions are likewise living in forced ghettos where people are locked into communities they cannot escape. The Saginaw City Council has dismissed the Ban the Box legislation thus far. I have approached the Saginaw County clerk’s office to inquire about getting this initiative on the countywide November ballot. Contact your local County Commissioner to express support for the Ban the Box initiative. It is not a fight for affirmative action, but it is a struggle to grant a true second chance to all who have earned the right to compete for one.