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Civil Rights and Racial Justice Fellow

Civil Rights and Racial Justice Fellow

Ruby Cherian

University of Virginia, J.D. 2023

Civil Rights and Racial Justice Fellow

Legal Aid Justice Center

Post Graduate Fellowship Reports - Ruby Cherian

April 03, 2024

April 2024

As I reported in my blog post last month, I’ve been working against the implementation of mass surveillance tools, such as automatic license plate readers (ALPRs). As community members and I continue to oppose the installation of this technology in Charlottesville, especially without any meaningful guidelines, we are now facing the issue of a lack of transparency with police foundations.

Police foundations are nonprofit organizations that partner with local police departments. As a report from the Color of Change stated, these foundations “exist to both funnel private money to policing and to secretly continue the militarization of large and small police departments across the country.” The Charlottesville Police Foundation (CPD) is financing the Charlottesville Police Department’s ALPR pilot with Flock Safety. However, not much is known about who their corporate donors are or what their budget is. While the Freedom of Information Act applies to police departments, it doesn’t apply to nonprofit organizations. As a result, not much is known about these organizations.

In opposing ALPRs in Charlottesville, community members are now aware of police foundations and are interested in a more transparent process. Community members and I are now working to come up with ways to demand more information about the real impact of the Charlottesville Police Foundation’s funding of CPD.

I am thankful to Equal Justice America for my continued ability to work alongside community members to fight for more transparent funding.

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March 2024

This month I got to collaborate with other organizations in a joint effort against mass surveillance. The Charlottesville Police Department wants to install automatic license plate readers (ALPRs) in Charlottesville, provided by Flock Security. I worked with other attorneys at ACLU and Justice Forward to try and convince members of City Council to vote no.

ALPRs are a tool of mass surveillance as they record every license plate scanned. This data, especially in aggregate, reveals people’s personal activities, such as which doctor they go to, what religious institution they are a part of, and what associations they are a part of. Flock Security, in particular, is of concern as a $4 billion venture capitalist backed company that is profiting from the creation of a massive, centralized database. There are also concerns that Flock exaggerates its efficacy through dubious data that is not peer-reviewed.

I worked with our partners at ACLU and Justice Forward during the Virginia General Assembly Session to attempt to have stronger guardrails on the use of this data by law enforcement. When I stated that the locality of Charlottesville was interested in installing these cameras, they quickly hopped on board and helped me and my colleagues. They helped us write a letter to City Council members on behalf of our three organizations and testified. I also wrote a two-pager on ALPR technology for City Council members and met with them ahead of time. I was also able to use the relationships I was building with community members in Charlottesville to build stronger support against the technology. Folks in support of a resolution calling for a ceasefire in Gaza were also present and spoke against the technology as well.

While City Council members ultimately indicated their support of Flock, we will continue to monitor the contract and policy language put forth regarding its permitted use. I look forward to continuing this opportunity as an EJA fellow to work against mass surveillance.

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February 2024

This month I have been working on reducing the scope of the renovation and expansion of Albemarle Charlottesville Regional Jail (ACRJ). ACRJ has two sections, one built in 1975 and another built in 2000. Jail Superintendent Martin Kumer has been pushing for a large-scale renovation of the jail, including tearing down a current portion of the 1975 section and building 2 floors in its place. This will cost the community $73 million when the bond is paid off in full. Legal Aid Justice Center and Charlottesville area community members do not believe this is the best use of taxpayer money. We believe these resources should be invested in the community instead.

A recent article by the Prison Policy Initiative succinctly states the arguments used by proponents of jail construction projects. Jail proponents argue for 3 “C”s: “capacity,” “contemporary,” and “compassionate.” They argue that increased capacity is required, that construction is required to modernize an old facility, and that compassionate care (like mental health services, substance abuse treatment, and ADA compliance) requires the jail to expand. In our case, proponents are arguing the latter 2 “C”s, but particularly focusing on “compassionate.” 7 mental health beds are proposed in tier 3 of the renovation project. However, people cannot get well in a cell. Jails and prisons are inherently traumatizing and cannot adequately treat people. We should instead be investing in mental health outside of carceral institutions. It should concern us that jails are the number one provider of mental health services in our community.

We have been attending community forums regarding the renovation, asking questions, and emphasizing that the priorities of the community lie elsewhere. We are also sitting down with city council members and educating members in the community about the true cost of this expansion. I am tremendously grateful to have the opportunity to engage in this work as an EJA fellow to make sure that future generations of our community are not subjected to incarceration at this facility.

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January 2024

This month I had the opportunity to shadow coworkers in my office working on policy at the Virginia General Assembly. I have also had the opportunity to help edit drafts of bills, one-pagers, and talking points.

Much of the work at the Virginia General Assembly happens before the vote. Meeting with legislators, developing relationships with legislative staff, and disseminating talking points and one-pagers are all critical tasks to be performed before any committee or subcomittee votes. This is also why lobby days are important to have representatives meet with community members. Directly impacted community members can share their perspectives and narratives on why representatives should vote one way or the other. I will be working with an organizer at LAJC to help create a lobby day for our organizing group, The People’s Coalition.

This month has also shown me the tension that can exist between short term and long-term goals. Sometimes, a less revolutionary proposal is more palatable for the current political climate. However, the long-term goal may be loftier. Policy staff must then grapple with whether fighting for the smaller can change can hinder the long-term goal or in fact be a stepping stone to it.

I have also had the chance to help draft definitions for proposed legislation. When the word has not been previously defined in the code, it’s important to consider the ramifications. How would this be interpreted by a judge if the legislation passes? Is the definition over or under-inclusive? Running through edits as a team has been crucial to this process to ensure that there are no gaps in the language.

I am tremendously grateful to have the opportunity to observe legislative advocacy as a tool for change as an EJA fellow.

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December 2023

I have been working on our class action suit, Scott v. Robinson, a prison health care case brought to ensure that people incarcerated at Fluvanna Correctional Center for Women (FCCW) receive adequate care under the Eighth Amendment. My role consists of speaking with folks at FCCW and relaying their concerns to the compliance monitor appointed by the judge. In this role, I have been improving my interview skills and learning about trauma stewardship.

When we speak with our clients, they are speaking to us about deeply personal health issues and the oftentimes accompanying pain. They speak to us about being demeaned and treated as untouchable by medical staff. These are difficult topics to discuss but they talk about it with us as they want to advocate not only for themselves but others in the facility. They continue to show resilience despite their illness and care for their community.

However, hearing about this trauma on calls every week, at monthly visits, and while writing monthly reports for the compliance monitor, can take a toll on a person. There is a lot of emotional labor in this work. Others doing this work recommended I read the book Trauma Stewardship by Connie Burk and Laura van Dernoot Lipsky. Doing this work, without burning out, requires taking care of oneself and work-life balance. I am lucky to find myself in an office where the emotional labor is talked about and taking care of oneself is encouraged.

I look forward to continuing this opportunity as an EJA fellow to grow my skill set and become a better advocate.

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November 2023

This month, I have been working with a community organizing group, People’s Coalition, to reduce the scope of a jail renovation and instead invest in community programs that prevent people from going to jail. I have been employing community lawyering skills I learned from the Shriver Center’s Community Lawyering training to do this work.

The first tool we used was to create a public statement and have groups sign on in solidarity. We stated that we should be investing in affordable housing, diversion programs, mental health services, and education instead of incarceration. There are already incredible organizations in the community doing this work that deserve more funding. For instance, the Fountain Fund provides micro-loans to clients upon release to purchase necessary goods like cars and homes, preventing reincarceration. We also asked for directly impacted stakeholders to be involved in the renovation process from its design to the final construction.

The second tool we used was to speak at county and city council meetings during the public comment period. We contacted community members to sign up to speak and hold signs at the meetings. Many community members shared their lived experiences. Clearly, our comments put the team supporting a massive $72.9 million renovation on the defensive as they had to respond to our concerns.

While the city and county boards decided to approve the interim funding to hire architecture and engineering services, several demands were met. The jail superintendent committed to providing tiers of renovation rather than an all-or-nothing approach, and these tiers will be created with community input. The superintendent also committed to the cost not exceeding $72.9 million. This outcome shows the power of community groups.

I am tremendously grateful to have the opportunity to join community members advocating for investments in the community as an EJA fellow.

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October 2023

During my second month as an Equal Justice America fellow at Legal Aid Justice Center, I attended Virginia’s Statewide Legal Aid Conference. I attended eight sessions on various topics, ranging from transgender students’ rights to SNAP benefits. These sessions allowed presenters to share foundational information geared toward civil legal services practitioners. Practitioners in the audience then asked questions and gave examples from their past work to help visualize the real-life scenarios in which these issues appear in civil legal services. I will be able to use the knowledge I gained at Statewide to understand a broader range of issues our clients face. 

For instance, one such constructive session was on estate planning. While I have assisted with wills clinics as a law student for elderly clients, I did not know of the long-term care gap that can occur when Medicare doesn’t provide payment for long-term care associated with certain illnesses. This session informed us that Medicaid, however, can be extremely helpful in these situations, helping cover long-term care costs, especially as care becomes increasingly expensive. The presenters also gave practical advice, such as what a basic estate package looks like. For instance, a basic estate package includes a simple will, a power of attorney, an advanced medical directive, a transfer on death deed, and a designation of agent for funeral arrangements. 

Another beneficial session, “From Palm Pilots to ChatGPT: How to Keep up with Your Tech Competence Ethics Requirements in a Changing World,” provided important information about the implications of using technology while handling confidential client information. Practical advice was given, such as ensuring you can remotely wipe your work phone in the event it is lost, using a VPN if you must use public WiFi, and documenting any texts with clients that contain substantive information. In addition, the presenters discussed the dangers of perpetuating racial bias with artificial intelligence technology. 

I look forward to continuing this opportunity as an EJA fellow to grow my skill set and become a better advocate. 

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September 2023

This month, I was thrilled to begin my fellowship at the Legal Aid Justice Center in Richmond, VA, with the generous support of Equal Justice America. I have already begun important work on several exciting projects.

One of my roles is to assist with Scott v. Clarke, an Eight Amendment class action suit that fights to address the inadequate medical care provided to people incarcerated at Fluvanna Correctional Center for Women (FCCW). While the lawsuit reached a settlement agreement in 2015, FCCW has yet to comply with it fully. As a result, status hearings are held to relay to the judge the ways in which our clients are receiving inadequate care. I visited FCCW this past week with other team members to meet with our named plaintiffs and other clients. In-person visits, especially after we emerge from the most intense of the pandemic, are essential to building relationships with our clients to ensure we can advocate for them as effectively as possible. This case also highlights the emotional labor of lawyering: our incarcerated clients undergo incredibly difficult experiences, and while our experience as lawyers cannot possibly compare to what our clients withstand, it is nevertheless challenging to bear witness and travel with them through their trauma. Through it all, our clients provide us with a model of strength and perseverance.

In addition to casework, my role includes community lawyering. This means that I work with community organizers to help address needs identified by the community itself. I am working with the People’s Coalition, an organizing group based in Charlottesville and Albemarle County. One of my first projects was to research the impact of automatic license plate recognition (ALPRs) on privacy, as the City of Charlottesville deliberates whether to install these cameras. Through my research, I found that ALPR cameras have been used to target low-income communities and communities of color to create expansive databases. Furthermore, because of the Virginia Supreme Court’s ruling in Neal v. Fairfax County Police, the collecting of this data is not subject to any meaningful oversight or guidelines.

I am also working with the People’s Coalition Jail Committee to limit a $72 million construction project at Albemarle Charlottesville Regional Jail. While maintenance work to achieve basic living conditions should be completed, investing more resources into jails and prisons is not the solution to mass incarceration. Instead, public safety is meaningfully addressed when resources are invested in reentry and mental health services. I am tremendously grateful to have the opportunity to join community members advocating for those investments as an EJA fellow.