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Politics Politics Feature

POLITICS: Looking Back

  • Remembering
    Ernest Withers

    One of the great serendipities I’ve experienced as a
    journalist was the decision by former Memphis Magazine
    editor Tim Sampson back in 1993, on the 25th anniversary of
    the death in Memphis of Dr. Martin Luther King, to use as the centerpiece
    of an anniversary issue an archival piece of mine, along with pictures by the
    great photographer Ernest Withers.

    Uncannily often, Withers’ photographs directly illustrated
    specific scenes of my narrative, which had been written originally on the day
    after the assassination and concerned the events of that traumatic day. It was a
    little like being partnered with Michelangelo, and I was more than grateful.

    The publication of that issue led to an invitation from
    Beale Street impresario John Elkington for Withers and me to collaborate
    on a book having to do with the history of Beale Street, and the two of us
    subsequently spent a good deal of time going through the treasure trove that was
    Withers’ photographic inventory.

    For various reasons, most of them having to do with
    funding, the book as envisioned never came to pass (though years later Elkington
    published a similar volume), but the experience led to an enduring friendship.

    One day, when I was having car trouble, Ernest gave me a
    ride home, from downtown to Parkway Village, the still predominantly white area
    where I was living at the time, just beginning a demographic changeover. At the
    time it appeared as though it might become a success of bi-racial living, and we
    talked for some time about that prospect.

    That very evening, Ernest was a panelist on the old WKNO
    show, Informed Sources, and, instead of focusing on the subject at hand,
    whatever it was, chose to discourse at length on the sociology of Parkway
    Village. Watching at home, I was delighted – though the host and other
    panelists, intent on discussing another subject, one of those pro-forma
    public-affairs things, may not have been.

    They should have been. This was the man, remember, who
    documented the glory and the grief of our city and our land as both passed from
    one age into another, which was required to be its diametrical opposite, no
    less. Ernest saw what was happening in Parkway Village as a possible trope for
    that, and whatever he had to say about it needed to be listened to.

    Sadly, of course, the neighborhood in question was not able
    to maintain the blissfully integrated status that Ernest Withers, an eternally
    hopeful one despite his ever-realistic eye, imagined for it.

    As various eulogists have noted, last week and this,
    Withers not only chronicled the civil rights era but the local African-American
    sportscape and the teeming music scene emanating from, an influenced by black
    Memphians.

    He was also, as we noted editorially last week, a family
    man, and it had to be enormously difficult for him that, in the course of a
    single calendar year while he was in his 70s (he was 85 at the time of his
    death), he buried three of his own children.

    Among my souvenirs is a photograph I arranged to have taken
    of Ernest Withers with my youngest son Justin and my daughter-in-law
    Ellen
    , both residents of Atlanta, on an occasion when they were visiting
    Memphis a few years back. Happy as they were with the memento, the younger
    Bakers expressed something of a reservation.

    What they’d really wanted, explained Ellen, a museum
    curator who was even then, in fact, planning for a forthcoming Withers exhibit
    in Atlanta, was a picture of the two of them taken by the master.

    Silly of me not to have realized that. To be in a picture
    by Ernest Withers was to become part of history – a favor he bestowed on legions
    of struggling ordinary folk as well on the high and mighty of our time.

  • Remembering Kenneth Whalum Sr.

    There was a time, before Mayor Willie Herenton became the
    acknowledged alternative within the black community to the Ford family’s
    dominance, that councilman Kenneth Whalum was a recognized third force to reckon
    with.

    jb

    The Rudy Williams Band led Ernest Withers’ funeral procession down Beale on Saturday.

    Rev. Whalum was both the influential pastor of Olivet
    Baptist Church in the sprawling mid-city community of Orange Mound and the
    former personnel director of the U.S. Postal Service, locally. In effect, he had a foot planted
    firmly in each of the two spheres that make up the Memphis political community.

    That fact made him a natural for the city council during
    the period of the late ’80s and early ’90s when the era of white dominance was
    passing and that of African-American control was dawning.

    During the 1991 council election, Whalum, along with Myron
    Lowery, achieved milestones as important in their way as was Herenton’s mayoral
    victory, taking out long-serving at-large white incumbents Oscar Edmunds and
    Andy Alissandratos, respectively.

    Whalum was uniquely able to serve both as a sounding board
    for black aspirations and a bridge between races and factions on the council. He
    was a moderate by nature, though sometimes his preacherly passions got the best
    of him and he sounded otherwise. Something like that happened during a couple of
    incendiary sermons he preached during the interregnum between the pivotal
    mayor’s race of 1991 and Herenton’s taking the oath in January 1992 as Memphis’
    first elected black mayor.

    Word of that got to me, and I was able to acquire a
    recording of one of the incriminating sermons. I had no choice but to report on
    it, and – what to say? – it made a bit of a sensation at the time, no doubt
    limiting Whalum’s immediate political horizons somewhat.

    It certainly limited the contacts I would have, again in
    the short term, with a political figure that I had previously had a good
    confidential relationship with. Whalum’s sense of essential even-handedness
    eventually prevailed, however, and we ultimately got back on an even keel.

    To my mind, in any case, Whalum’s outspokenness never
    obscured his essential fair-mindedness, and his occasional prickliness was more
    than offset by his genuine – and sometimes robust – good humor.

    There are many ways of judging someone’s impact on society,
    and one might certainly be the prominence of one’s offspring. In Rev. Whalum’s
    case they included the highly-regarded jazz saxophonist Kirk Whalum and the
    councilman-minister’s namesake son Kenneth Whalum Jr., a school board member and
    an innovative pastor himself — so innovative in his wide-open 21st-century
    style as to cause a generational schism involving Olivet church members. That
    would result in two distinct churches, one led by the senior Whalum, one by
    Whalum Jr.

    Kenneth Whalum Sr. had been something of a forgotten man in
    local politics since leaving the council at the end of 1995 (he would also run
    losing races for both city and county mayor). But he got his hand back in
    briefly during last year’s 9th District congressional race, making a
    point of endorsing Democratic nominee Steve Cohen, who ultimately prevailed.

    Appropriately, Rep. Cohen took the lead, along with Senator
    Lamar Alexander, on behalf of a congressional resolution re-designating the
    South 3rd Street Post Office in honor of Whalum, closing a cycle of
    sorts and forever attaching the name of Kenneth T. Whalum Sr. to one of the
    city’s landmarks.

  • Political Notes:

    Kenneth Whalum Sr.

    –Congressman Cohen was the target recently of what many local Memphians report on
    as a “push” poll taken by random telephone calls to residents of the 9th
    District. Purportedly the poll contained numerous statements casting Cohen in a
    negative light before asking recipients who they might prefer in a 2008 race
    between him and repeat challenger Nikki Tinker.

    (At least one person called recalled that the name of
    Cohen’s congressional predecessor, Harold Ford Jr., now head of the
    Democratic Leadership Council, figured in a triad of potential candidates being
    asked about.)

    –Early voting is now underway in the four city council
    runoffs that will be determined on November 8th.

    Those involve Stephanie Gatewood vs. Bill
    Morrison
    in District 1; Brian Stephens vs. Bill Boyd in
    District 2; Harold Collins vs. Ike Griffith in District 3; and
    Edmund Ford Jr
    . and James O. Catchings in District 6.

  • Categories
    Opinion

    In Shelby County Isolation Trumps Consolidation

    To call consolidation a tough sale is an understatement.

    Crime and fear of crime, bad schools, higher taxes, lost jobs and fear of lost jobs, old grudges, apathy, suburban (or urban) opposition, political cowardice, the “King Willie” factor, questionable “efficiencies” — any one of those could sink it.

    There’s another problem that is not so obvious. In his state of the city speech, Mayor Willie Herenton urged residents of Memphis and Shelby County — black and white, rich and poor, urban and suburban — to pull together for their common good. But the prevailing spirit for at least the last 25 years in Memphis has been anything but “all for one and one for all.”

    It has been just the opposite. It is the spirit of isolation, not consolidation. Consider:

    Me and mine first, as evidenced by all the elected and appointed officials who, legally and illegally, gamed the system and padded their paychecks.

    Self-segregation in schools, churches, and even sporting events and entertainment has replaced legal segregation.

    Gated communities from South Memphis to South Bluffs to Southwind.

    “Special” taxing districts or TIFs that get dedicated tax streams that would otherwise go into the general fund.

    “Special” tourism development zones or TDZs around FedExForum, Graceland, the convention center, and Liberty Bowl Memorial Stadium that, when implemented, further erode the general tax fund unless they attract new money.

    “Special” incentives in the form of tax freezes given to businesses that promise investment and new jobs, whether they actually deliver them or not. These also erode the tax base. No other city in Tennessee grants nearly as many of these as Memphis does.

    “Special” boards and commissions like the Riverfront Development Corporation (RDC) and Center City Commission (CCC) that are narrowly focused to develop and oversee choice pieces of downtown Memphis.

    “Special” building authorities for big projects like FedExForum.

    Selective annexation of Cordova, Countrywood, and Hickory Hill which didn’t mobilize opposition quickly or effectively enough, while savvier, wealthier, and more politically powerful areas like Southwind and Southeast Shelby County got a reprieve.

    As a reporter covering government, this is the biggest change I have seen in Memphis since I moved here in 1982. Not only are city and county government often not in synch, the elected officials in both governments have willingly given away much of their authority in the name of expedience and efficiency.

    The pay has gone up 300 to 500 percent but the job description has shrunk. The City Council and County Commission, which theoretically represent all city and county residents, are often not where the action is any more, or at least not to the extent they once were. To attempt to effectively cover “government” nowadays means to go to meetings or keep tabs on the Sports Authority, RDC, PBA, CCC, CVB, MLGW, Industrial Development Board, Agricenter, Airport Authority, and various nonprofits.

    They’re all in their own, often isolated worlds, sometimes for better and sometimes worse. They come to the mayors or council members and commissioners when they need a fix, and if they can do it quietly and out of the public eye, so much the better.

    Obviously, in a city of 675,000 people and a county of more than 850,000 people, there’s something to be said for specialization, and maybe a lot. If you want to run an airport, build a FedExForum on a schedule, or attract the big convention of square-dancers, you need focus and partners from the private sector.

    But there’s a price for all of this specialization, and it’s not just the bruised egos and additional bureaucracies and lost taxes. It’s the loss of community and the idea that we’re all in this together. As citizens and elected officials in Memphis and Shelby County, we reap what we sow. And what we have sown are the seeds of separation and isolation, not consolidation.

    Categories
    News

    Herenton on State of the City

    As promised, Mayor Willie Herenton reopened his civic hymnal on Wednesday to the verse marked “consolidation” and suggested that this time others might join him.

    “I favor metropolitan consolidation inclusive of schools,” said Herenton, making his annual “state of the city” address to the Kiwanis Club meeting at The Peabody.

    The venue was fairly small and so was the crowd, probably under 200 people. They gave the fifth-term mayor a couple of warm standing ovations. Whether that indicated the spirit of the season or support for consolidation remains to be seen.

    Herenton said he sees promise in the new membership of the Memphis City Council and Shelby County Commission along with Gov. Phil Bredesen and county mayor A C Wharton.

    “Thank God for the new county commission,” he said. “We’ve got some people over there with some new energy and some courage.” He did not name names.

    He said he will ask state legislators to, in effect, change the rules on consolidation so that approval from both city and county voters in separate elections is not a prerequisite. Several years before Herenton became mayor in 1991, consolidation votes passed in the city but failed in the county, where signs that say “county schools” and “no city taxes” are still a staple of new subdivisions just outside the borders of Memphis.

    As he has on many occasions, Herenton said consolidated government would be more efficient and cost taxpayers less money.

    “It pains me to see the waste in schools,” said the former superintendent.

    It apparently pains Bredesen too. The governor has shown impatience with Memphis “reform” programs and indicated that a state takeover is possible if Memphis doesn’t do better. Herenton mentioned changing the governing structure of the school system but did not specifically call for abolishing the school board or appointing a new one, as he has on other occasions.

    Meeting with reporters after his speech, Herenton said consolidation can only happen with support from key business leaders and other politicians. He said the “economics of government will become so tight” that such supporters will eventually come around.

    The sticking points are that Memphis has a higher tax rate than suburbs and unincorporated areas in Shelby County and the Shelby County schools, with more affluent students and fewer poor students, outperform city schools on standardized tests. But Memphis accounts for about 70 percent of the population of Shelby County. By Herenton’s lights, a suburban minority is dictating the rules of the game to the urban majority.

    On other subjects, Herenton said Memphis is “financially strong” with a reserve fund of more than $60 million. Memphis, he said, is “on the national radar screen” because of FedEx Forum, AutoZone Park, and other attractions. And he said crime “trend lines” are going “in the right direction” but 500 more police officers are still needed. He will announce new anti-blight measures next week.

    Responding to a question from the audience about the lack of a “wow” factor on the riverfront, Herenton said he is open to the possibility of razing The Pyramid if a deal with Bass Pro falls through.

    “We could get the wow,” he said. “I still want the wow.”

    Herenton seemed to be in a good mood, and there were no real zingers for the press or anyone else with the exception of, “For those of you who want to sit on the sidelines and be critical, we’re not going to be mad at you, we’re just going to pray for you.”

    Reaction to the consolidation proposal among Kiwanis members was guarded. Businessman Sam Cantor said he is unconditionally for it but does not expect it to happen in the next four years.

    Businessman Calvin Anderson is also for it and says it “can happen” if Herenton can take himself out of the equation, recruit allies, and present a reasonably united Shelby County legislative delegation in Nashville. Greg Duckett, former city chief administrative officer under Dick Hackett, said consolidation needs to happen but he stopped short of saying it will.

    “Significant strides to making it happen can occur in the next four years,” he said.

    Jim Strickland, sworn in Tuesday as a new member of the City Council, said he supports full consolidation but is willing to compromise on schools if necessary.

    He said he is “not sure” if Herenton can muster enough support among suburban mayors and state lawmakers to make any headway.

    Consolidation by charter surrender does not appear to be an option, which doesn’t mean it won’t keep coming up for discussion. In 2002, the state attorney general’s office issued an opinion that said “the General Assembly may not revoke the charter, the Memphis City Council is not authorized to surrender the city charter, and no statute authorizes the Memphis city charter to be revoked by a referendum election of the voters.”

    Herenton, who was reelected with just 42 percent of the vote, made his speech against a backdrop of glum economic news, locally and nationally. Oil hit the $100-a-barrel mark, the stock of local economic bastions FedEx and First Horizon and others plunged with the Dow Jones Average, the Memphis Grizzlies and Memphis Redbirds are struggling at the gate, and foreclosures are expected to soar this year.

    “In order to do all these things our economy must remain strong,” the mayor said.

    Categories
    Politics Politics Feature

    A Conciliatory Mayor Herenton and His New Council Take the Oath

    Despite advance forecasts on CNN that Memphis would be in
    for severe weather on Monday, such was not the case. They probably should have
    checked with our mayor. The weather outside was mild and sunny, as was the
    weather inside at the Cannon Center, where Willie Herenton, flanked by his
    doting 86-year-old mother, took the oath of office for a fifth time and said, “I
    pledge to you to start afresh.”

    That meant dispensing with “old baggage,” Herenton said, after sounding a note
    that was both Lincolnian and Biblical: “Somewhere I read, ‘A city – or a house –
    divided against itself cannot stand.’ God help us all.”

    The reference to the Almighty was anything but perfunctory. It was vintage
    turn-of-the-year Herenton. As he had on previous New Year’s occasions, the mayor
    left no doubt about the nature of his political sanction. “God always chooses
    the individuals to lead His people,” he said, and vowed, “Here am I. Send me,
    Lord.”

    Tinged as that was with the grandiosity of yesteryear, it was, in context, good
    enough for new council chairman Scott McCormick, who, in follow-up remarks, said
    a thank-you to God himself, and responded in kind to the moderate portions of
    the mayor’s address. “He now has an approachable council,” said McCormick. “The
    roots of mistrust are behind us.”

    And, who knows, it may be true. After all, as McCormick noted, it was a new
    council, with nine new members out of the 13, and, of the four remaining, none
    were among those who had made a point of tangling with the mayor.

    There were omens of another sort, of course – for those who wanted to look for
    them. There were, for example, ambiguous words from Shelby County Mayor A C
    Wharton, who was drafted from the audience by moderator Mearl Purvis to formally
    introduce Herenton.

    Buried in the middle of Wharton’s otherwise friendly and flattering sentiments
    (from “your country cousin,” as the county mayor styled himself) was this sentiment addressed both to Herenton and to the audience at large: “The last time I checked, Midtown was in
    Shelby County, Boxtown was in Shelby County, Memphis was in Shelby
    County….”

    Whatever the meta-message of that, it had the sound of simple friendly teasing.

    And there was another vaguely suggestive verbal thread. In each of the oaths
    taken by Herenton, by the 13 council members, and by city court clerk Thomas
    Long was an archaic-sounding passage pledging that the sayer would “faithfully
    demean myself” in accordance with the proprieties and “in office will not become
    interested, directly or indirectly” in any proposition which could lead to
    personal profit.

    All well and good, but, applying that first verb in its current lay sense, too
    many members of the former council had been charged in court with conduct that
    society – and the lawbooks – might regard as “demeaning,” and too many had
    developed a personal “interest” in the issues they were asked to vote on.

    Still, it is a new council, it’s a new year, and it’s certainly a good
    time to “start afresh,” as Mayor Herenton said. So go ahead: Hold your breath.

    And, hey, for what it’s worth, the temperature did drop down into the 30’s a scant few hours after the swearing-in.

    Categories
    Editorial Opinion

    The Same Old Challenge

    Don’t look now — on second thought, it’s time for year-end reflections and speculation, so go ahead and look — but the specter of city/county consolidation is back with us. We say “specter” not in any pejorative sense. If anything, the idea of combining some of our

    wastefully duplicated governmental functions is more like Casper the Friendly Ghost than it is the Amityville Horror. It’s just that the concept keeps coming and going and getting buried or vaporized, only to rematerialize unexpectedly — a fact that makes us wonder if its latest incarnation is the same old phantasm or something more solid.

    Maybe this time the idea will take on real substance. It’s not only that a freshly reelected Mayor Willie Herenton has once again promoted metro government to the head of his agenda. Another reality is that an intergovernmental task force, co-chaired by county commissioner Mike Carpenter and outgoing city councilman Jack Sammons, recently climaxed several months of hearings and investigations by approving, via an eight to five vote, the goal of merging the functions of the Memphis Police Department and the Shelby County Sheriff’s Department.

    This limited or (in the argot of the day) “functional” form of consolidation won’t happen overnight, if at all. Sheriff Mark Luttrell, among other interested parties, is opposed. That’s more than understandable, given that the sheriff has, thanks to a legal ruling by a state court last year, seen the presumed constitutional nature of his position unexpectedly put up for grabs. And the suburban mayors, long jealous of their independence (and yet dependent for both financial and administrative reasons on some larger umbrella authority) are also reluctant. Contrariwise, Memphis police director Larry Godwin, like his boss the mayor, is avid for the idea. For that matter, the issue of reconfiguring a metro drug unit got some traction during last year’s city election campaign. So there is momentum.

    Then there is the constant example of Nashville, regarded by residents of the Memphis area either as a sister city or as an archrival or as both. Whichever way it is seen, the city of Nashville has been formally yoked to the rest of Davidson County for decades now in a metropolitan form of government, and it may not be accidental that, during that same period, it has progressed from a backwater state capital roughly half the size of Memphis to a condition of parity and beyond. In terms of economic growth, new business, per capita income, commercial construction, and the like, Nashville is soaring ahead. That hasn’t happened solely as a consequence of consolidation, but it owes something to the simplicity of central planning, the cohesiveness of governmental structures, and the property-tax reductions.

    When former Nashville mayor Bill Purcell addressed the Memphis Rotary Club earlier this year, he teasingly affected the persona of an urban rival and said, in effect, keep on doing what you’re doing in Memphis and Shelby County. Stay separate and spare Nashville the competition. Was he joking? Yes. Was he serious? Also yes.

    The issue of consolidation will confront us again in 2008. And it will haunt us thereafter until we deal with it.

    Categories
    Politics Politics Feature

    Talking Turkey

    Newly elected members of the Memphis City Council, fresh from a recent get-acquainted luncheon with Mayor Willie Herenton, followed by an informational session with MLGW officials, continued their orientation with an all-day retreat Monday at the Lichterman Nature Center.

    There, among other things, they heard from several council veterans as to what to expect. Typical of the good advice they got was the retiring Dedrick Brittenum‘s counsel that they never meet with constituents petitioning their support for a measure without having a council staffer on hand.

    Barbara Swearengen Ware, a returning member, pointedly told the novices that the key to their success would be “relationships, relationships, relationships” — a reminder of the snags encountered in the not-so-distant past by one or two famously go-it-alone members.

    Council vet Myron Lowery had a similar message, warning the council newbies not to get involved in “stupid stuff” that feeds the media without yielding positive results. “Three members of the council always had a rebuttal,” he said, without naming names. He cited the evolution in style of one departing colleague. When he was brand-new, Brent Taylor would comment on “everything in sight,” Lowery said, but Taylor finally progressed to the point that he “just voted.”

    A surprisingly animated and light-hearted presentation came from the outgoing Henry Hooper, who had often seemed stiff and uncomfortable in his losing reelection race this fall. The visibly relaxed Hooper got a laugh Monday when he expressed satisfaction that he would no longer “have to worry about Janis Fullilove,” his victorious opponent, who smiled amiably as Hooper ventured, “If I run for something else, maybe try to go across the street [County Commission?], she’s not going to quit and run against me.”

    E.C. Jones tossed off some one-liners, too — as well as one ultra-serious point: “Remember. You work with the mayor. You don’t work for the mayor.”

    The logical follow-up to that was delivered in the form of an address by Stephen Wirls, a professor at Rhodes College. His message? The council has more power, potentially, vis-à-vis the mayor than anyone had previously realized. Hmmmmm.

    Richard Florida, whose Rise of the Creative Class is one of the basic texts of urban planning these days, was the featured speaker at last week’s Chairman’s Luncheon of the Memphis Regional Chamber of Commerce at The Peabody, and his appearance was not without irony.

    A superb salesman and, some would say, a gifted theorist as well, consultant Florida advocates diversity and tolerance as essential tools for civic progress, and, as he told his overflow blue-chip audience in The Peabody’s Grand Ballroom, a distinct no-no is for a city’s leadership to address a dissident part of its population with the attitude, “If you don’t like it, you can get out.”

    Er … Someone forgot to remind Florida that one of his hosts, Mayor Herenton (whom the speaker, who tailors his remarks to his locale, made sure to praise lavishly), is locally famous for occasionally expressing just such sentiments toward critics of his administration.

    • Time, as they say, heals wounds. A case in point is the enhanced status among local Republicans of Shelby County commissioner George Flinn, who hosted this year’s annual Christmas gathering of the Shelby County Republican Women Monday at his expansive East Memphis residence.

    Flinn presided over the affair with avuncular grace, and, by way of concluding some welcoming remarks, struck a note that clearly resonated with the sizable throng. “And notice that I didn’t say ‘Happy Holidays,’ I said ‘Merry Christmas,'” offered Flinn, who is fluent these days in the lingo and nuances of his party-mates, most of whom no doubt deplore the erosion of the season’s once-traditional greeting.

    Five years ago, Flinn, a well-known radiologist and broadcast magnate, had just conducted his maiden political effort, a run for county mayor which involved both a bruising primary win over the popular Larry Scroggs and a difficult general election race in which he was swamped by the even more popular A C Wharton.

    Some ill feeling lingered from both efforts, most of it stemming from the combative campaign tactics urged upon Flinn by some out-of-state consultants.

    Flinn would have been an unlikely host for a holiday season GOP event back then, but the increasingly sure-of-himself commissioner is now regarded as one of his party’s least contentious presences and a likely candidate for another try at the mayoralty in 2010.

    Categories
    News

    County Commission Committee Urges No More “Letters of Intent” for Bass Pro/Pyramid Deal

    A County Commission committee has
    approved a resolution asking Memphis Mayor Willie Herenton not to sign another letter of intent with Bass Pro for The Pyramid if nothing further with the company develops before the January 31st deadline.

    The commission is looking at a proposal for an $250 million redevelopment plan with an indoor amusement park and a hotel proposed by the Ericson Group.

    The city and county have signed three letters of intent already with
    Bass Pro. The county has something of a gentleman’s agreement to let the city be the lead agency in negotiating for a new use for The Pyramid.

    Commissioner Mike Ritz expressed the commmittee’s concerns: “The city may want to extend the letter of intent some more … How do we keep that from happening?”

    The resolution will come before the full County Commission on Monday.

    Categories
    Cover Feature News

    Taking Liberty

    As the stadium debate unfolded in Memphis this year, Randy Alexander paid close attention, but he felt more like a pawn than a player.

    Alexander was especially interested in the issue of handicap accessibility and the Americans With Disabilities Act (ADA). He is community organizer for the Memphis Center for Independent Living, a United Way agency that works on accessibility issues, and has been a wheelchair user since a spinal-cord injury in 1992.

    When Mayor Willie Herenton unveiled his proposal on January 1st, the mayor said the cost of fixing up Liberty Bowl Memorial Stadium, including meeting ADA standards, might be more than $50 million and could result in a loss of 14,000 seats. He offered no documentation, but suggested that demolition of the Liberty Bowl and construction of a new stadium ought to be considered. A feasibility study has since put the costs at as much as $217 million for a new stadium and $21 million to $265 million — a staggering $4,000 per seat — for renovating the old one.

    “I feel like they are using us,” Alexander said. “He [the mayor] started talking about how much it was going to cost, so he could build a new stadium.”

    Interviews with several Memphis wheelchair users found a lot of interest in the stadium debate, but most had had little if any input. None of the people the Flyer interviewed for this story has been contacted by city administrators, the stadium consultants, or the U.S. Department of Justice officials who will decide what steps must be taken to make the Liberty Bowl compliant with federal law. Wheelchair users disagreed about tactics but agreed on this point: Memphis does not need a new stadium. And not one of them could recall a game when every existing wheelchair space was used by a handicapped person.

    While Herenton, members of the media, contractors, consultants, and promoters who would benefit from a new stadium or expensive renovations trash the Liberty Bowl in the name of the Americans With Disabilities Act, there is less publicized but significant support for a fix-up at a modest price. Interviews with wheelchair users and city officials who have recently met with representatives of the Justice Department suggest that the real cost of accessibility improvements at the Liberty Bowl could be less than $5 million.

    “They had no place to put us.”

    The issue of stadium accessibility has been around almost as long as the Liberty Bowl itself, which was built in 1964. Memphian Terry Phillips, 58, was paralyzed from being shot in the Vietnam War in 1968. He recalls going to games in the early 1970s and sitting at the side of the field, along with as many as 60 other fans in wheelchairs.

    “When the band came out, they would push us all out and put us on the field,” said Phillips, who has attended more than 100 games at the Liberty Bowl and was active for several years in the Mid-South Paralyzed Veterans Association (PVA). “They had no place to put us. So when we got the chance and we got the power, we sued them to make sure we could sit up in the stands with the rest of the people and enjoy the game.”

    In 1988, U.S. district judge Robert McRae signed a consent agreement between the city and the Paralyzed Veterans Association boosting the number of wheelchair seats from 65 to 133. In 1991, the ADA law was passed, and in 2005, the city reached a settlement agreement with the Justice Department on the accessibility of 60 city buildings, including the stadium.

    Wheelchair seating at the stadium is about one-third of the way up the bleachers in a half-circle from the north end zone and along the visitor’s side of the field. Thanks to previous improvements, there is enough space behind the seats so that when one person leaves, everyone else does not have to move. At present, there are no companion seats. Those accompanying someone in a wheelchair are given plastic chairs, so the 133 spaces can accommodate 66 wheelchairs if each brings a companion.

    The upper-end cost estimates of making the stadium comply with the ADA come from a strict reading of the rules. Lest anyone doubt the seriousness of the federal government’s enforcement of the ADA, consider the predicament of the University of Michigan in Ann Arbor, where the country’s largest college football stadium (107,000 seats) is under renovation. The university’s battle with the federal Department of Education and the Justice Department over handicapped seating has become as nasty as its on-field rivalry with Ohio State, only more expensive. A recent headline in the Detroit News read, “Stadium: It’s U.S. vs. U.M.”

    In October, the Department of Education threatened to cut off federal financial aid to the 39,700-student university if the school doesn’t make 1 percent of the seats (1,070 seats) in “The Big House” accessible, as required by the ADA. The university has countered with an offer to increase wheelchair seating from 88 to 592 by 2010.

    There is at least one obvious difference between that U.M. up north and our U.M.: Michigan has sold out every game for more than 30 years. The University of Memphis is lucky to sell out one game a year, and it is not uncommon to see more than half of the stadium seats empty.

    “I have never ever seen all the wheelchair seats sold out at any football game in Liberty Bowl Memorial Stadium in more than 30 years,” said Phillips, who thinks the current allotment, plus an equal number of “companion” seats, is “absolutely sufficient.”

    Justin Fox Burks

    Bill Dorsey, 76, who also has been active in the Mid-South PVA but rarely goes to football games, agrees that the current number of wheelchair seats is probably enough.

    “The handicapped go to basketball games much more than football games,” he said. “I think it is the weather, to be honest.”

    Dorsey thinks there are more important accessibility issues.

    “I have been in Minneapolis where I could get on a bus, go to a mall, shop, and get on another bus back to within a block of my hotel,” he said. “I cannot do that in Memphis, and there are a lot of other things I can’t do here that I can do in other cities.”

    The Memphis Center for Independent Living gave the city of Memphis and Shelby County “ADA Report Cards” last year. Both governments got an “F” in employment, education, and citizenship and a “D” in construction and curb cuts. A “D” means “trying to comply with the ADA only after being sued.” The highest grade given was a “C” in transportation for “doing just enough to avoid lawsuits.”

    Memphian Bobby Brooks, 34, said the biggest problem for him at the stadium is finding someone on the stadium staff to assist him to his wheelchair seat.

    “It’s a good seat, but it’s kind of inconvenient getting there,” he said.

    Sam Allen, 21, a junior at Christian Brothers University, attended a soccer game and the Bridges preseason high school football games at the stadium. Like Brooks, Allen said the only drawback was the difficulty that he and a companion had finding a stadium employee knowledgeable about companion seats. The addition of companion seats to meet the current demand, he believes, would fix that problem.

    “I plan to start going to more games if they make the proper changes,” he said.

    Ray Godman, 79, who has used a wheelchair since being wounded in the Korean War in 1951, has had season football tickets since 1964. The former drag racer and owner of Godman Hi-Performance likes to tell people who come to him complaining and looking for sympathy to “check Webster’s between shit and syphilis.” He has no use for talk of a new stadium.

    “Herenton and his group have got their reasons to disregard the stadium and spend a lot of money they don’t have,” he said. “I think it could be modified very easily to be made more accessible. I don’t hear anybody who sits around me complaining about accessibility of the stadium other than the fact that companion chairs are not available. You have got to apply common horse sense whether you are on your feet or in a wheelchair.”

    Hope for a “reasonable” solution

    Can common sense prevail over litigation and a literal interpretation of the ADA law? There are recent indications that a compromise may indeed be reached and that the Liberty Bowl will stay in service for several more years.

    Following a recent visit by representatives of the Justice Department, city officials seem optimistic that renovation costs could be substantially lower than originally estimated. In one scenario, increasing ADA accessibility would cost less than $5 million. That option would increase the number of wheelchair spaces from 133 to 219, plus add 219 “companion” seats that currently don’t exist. Stadium capacity would decrease from 61,641 to 59,527, which is likely to be acceptable to sponsors of the Southern Heritage Classic and the AutoZone Liberty Bowl Football Classic.

    Cindy Buchanan, executive director of the Memphis Park Commission, which is responsible for the stadium, said that prospective solution, while less than the number of accessible seats required by the letter of the law, might satisfy the Department of Justice because the Liberty Bowl is rarely full.

    “The only games this season where we used all available wheelchair spaces were Ole Miss and the Southern Heritage Classic,” she said.

    The people using the spaces had various disabilities that required wheelchairs, canes, and walkers. Buchanan, who attends most home games, estimates that there are usually about 30 fans in wheelchairs. In November, she went to the University of Memphis versus East Carolina game with a Justice Department representative and an architect. They looked at existing wheelchair seating, proposed new seating, restrooms, concessions, and overall access.

    Justin Fox Burks

    On the issue of accessibility: Randy Alexander (left) and Terry Phillips

    “I have found them [the Justice Department] to be reasonable and practical,” she said. “It is probably not possible for such an old building to meet the letter of the law, so what they’re trying to do is look at operations and attendance and figure out how many seats are reasonable.”

    At one point, the Department of Justice representative, according to Buchanan, commented that it made little sense to put wheelchair seats at the upper rows of the stadium given the cost. The letter of the law requires not only that 1 percent of the total number of seats be handicap-accessible but that they be dispersed throughout the stadium.

    Robert Lipscomb, who has been the city administration’s point man on the redevelopment of the Mid-South Fairgrounds, is optimistic that a compromise can be reached. Resolving the stadium issue — new stadium, refurbished stadium, and how much money — could make it easier to get on with the overall project, which includes the Mid-South Coliseum and the land used by LibertyLand and the Mid-South Fair.

    “I am getting a sense that the Justice Department is being open and friendly to the city and saying it is not as bad as originally thought,” Lipscomb said.

    The city has $16 million in the capital improvements budget for the next five years for stadium improvements, including accessibility and refurbishing the concessions, press box, and skyboxes. The “halo” around the stadium, as architects call it, will also be cleaned up and made more attractive for tent parties and tailgating.

    “The mayor has never said it has to be a new stadium or nothing,” Lipscomb said. “He has always said that alternatives had to be looked at.” He expects to hear from the Justice Department within 50 days.

    Randy Alexander, who doesn’t go to the football games, concedes that if 1 percent of the stadium seats were made accessible, many of them would probably go unused. But, he said, “that’s the wrong question.”

    “There is approximately 75 percent unemployment among the disabled,” he said. “As we grow in the community, 10 years from now is it possible to fill all those seats? I think so. We are still struggling to become a middle-class community.”

    Alexander and Phillips sharply disagree about strategy as well as stadium needs. Phillips believes publicity stunts such as wheelchair users chaining themselves to gates or buses are counterproductive. He is particularly critical of a disability rights group called ADAPT, which has sometimes used radical tactics since it was founded in Colorado in 1983 as American Disabled for Accessible Public Transit.

    Justin Fox Burks

    Terry Phillips and Randy Alexander disagree about strategy and stadium needs.

    “ADAPT and PVA are like night and day,” Phillips said. “They once said PVA stands for pissy venal assholes.”

    Alexander and Phillips had not met prior to posing for pictures for this story. On a chilly morning last week, Alexander took a city bus from his office at the Center for Independent Living to the Southern Avenue entrance to the Mid-South Fairgrounds, then rode his motorized wheelchair across a wide expanse of parking lots outside the stadium. Phillips drove up a few minutes later in his customized mini-van equipped with a wheelchair lift. They talked as the Flyer photographer took pictures inside and outside the stadium. It was not until Phillips was about to get back into his van that he noticed Alexander’s blue ski cap had the ADAPT acronym on it.

    “Come on,” Phillips growled, shaking his head. “Get in and I’ll haul your ass downtown.”

    Alexander rolled up the ramp for the ride back to work.

    Categories
    Politics Politics Feature

    The Thin Gray Line

    Though the grins were plentiful as Mayor Willie Herenton and members of his council-to-be in 2008 got together for lunch at the Rendezvous last Wednesday, the smiles may have tightened up a little when His Honor climaxed the get-acquainted event with a speech that warned of a “gray line” and of “certain areas where either branch decided to get into the other branch’s domain.”

    A shot across the bow it seemed, a recap of sorts of the mayor’s troubles with past councils — most recently on council staff appointments — on matters where, as Herenton indicated, the legislative and executive branches of city government may have had conflicting ambitions.

    But that was as contentious as things got Wednesday as former councilman and Rendezvous owner John Vergos, along with another former council member, the Rev. James Netters, co-hosted the luncheon in which nine newly elected members came together for the first time with the four holdover council members.

    Oh, Joe Brown made special mention of “divisiveness,” and Netters referred to even worse times of the past, like the late 1960s, when he and other members of the city’s first elected council had to deal with “riots, violence, and murder” in the context of a prolonged sanitation strike and the assassination of Dr. Martin Luther King.

    But mostly talk was of the upbeat sort, beginning with Vergos’ mention of a Rhodes College brochure touting Memphis’ virtues and continuing with mutual pledges all around of cooperation in the new year.

    Afterward, the mayor, who announced he would not hold the annual New Year’s Day prayer breakfast on which, customarily in recent years, he would issue policy thunderbolts, gave reporters a list of objectives which included such familiar (but unachieved) standbys as metro government and bringing the city school system into municipal government as such.

    Herenton also pledged to resolve financial and jurisdictional disputes in the operation of the Beale Street tourist quarter. He deferred to the council on the matter of whether it should pass its own version of a County Commission ordinance on topless clubs, but it is taken for granted he wants a more lenient ordinance than the county version, which bans beer sales in such establishments and requires pasties on dancers.

    Ironically enough, a wall of the basement room in which council members, staffers, and the mayor met contained a rendering of a reclining nude, sans pasties.

    The entire complement of the 2008 council membership was on hand, with the exception of new member Reid Hedgepeth. Mayoral and council aides also attended.

    Continuing in its get-ready mode, members of the council will be holding an all-day retreat next week.

    • Local Republican chairman Bill Giannini became the first candidate to throw his hat in the ring for the 2006 county election by filing last week for the office of Shelby County assessor. Other potential GOP primary candidates are John Bogan, Betty Boyette, and Randy Lawson. Cheyenne Johnson intends to run as a Democrat, as might Jimmy White.

    • One of the bona fide movers and shakers in the local political world (and the civic and financial worlds) is Bank of Bartlett president Harold Byrd, who reports that he expects to make a “full recovery” from a recent operation for colon cancer.

    Byrd, a former state legislator and candidate for Congress and county mayor, has legions of friends from all points on the political spectrum and has been well-wished by most of them of late.

    Just now, Byrd is trying to organize a charter flight for the University of Memphis Tigers’ appearance at the New Orleans Bowl on December 21st. Given that the basketball Tigers are playing a big game against Georgetown at the FedExForum on the 22nd, that’s no cinch, but, as Byrd points out, taking the flight, which goes and returns on the same day, is a surefire way of taking in both events.

    From a Standing Start, former Republican governor Winfield Dunn‘s political memoir, drew a good crowd for a recent book-signing at Bookstar on Poplar.

    Among other things, the book contains some amusing anecdotes at the expense of Dunn’s vanquished Democratic foe in 1970, John Jay Hooker.

    But there is an aura of good will in the book, as there was at the signing. When someone mentioned the Hooker reference to Harry Wellford, who managed Dunn’s 1970 efforts, the former judge nodded and said, “But they’re good friends now,” then smiled and added: “And that’s as it should be.”

    Categories
    Politics Politics Feature

    Mayoral Warning of Jurisdictional “Gray Line” Only Discordant Note in First Get-Together with New Council

    Though the grins were plentiful as Mayor Willie Herenton and members of his council-to-be in 2008 got together for lunch at The Rendezvous on Wednesday, the smiles may have tightened up a little when His Honor climaxed the get-acquainted event with a speech that warned of a “grey line” and of “certain areas where either branch decided to get into the other branch’s domain.”

    A shot across the bow it seemed, a recap of sorts of the mayor’s troubles with past councils — most recently on council staff appointments — on matters where, as Herenton indicated, the legislative and executive branches of city government may have had conflicting ambitions.

    But that was as contentious as things got Wednesday as former councilman and Rendezvous owner John Vergos, along with another former council member, the Rev. James Netters, co-hosted the luncheon in which nine newly elected members came together for the first time with the four holdover council members.

    Oh, Joe Brown made special mention of “divisiveness,” and Netters referred to even worse times of the past, like the late ‘60s, when he and other members of the city’s first elected council had to deal with “riots, violence, and murder,” in the context of a prolonged sanitation strike and the assassination of Dr. Martin Luther King.

    But mostly talk was of the upbeat sort, beginning with Vergos’ mention of a Rhodes College brochure touting Memphis’ virtues and continuing with mutual pledges all around of cooperation in the New Year.

    Afterward, the mayor, who announced he would not hold the annual New Year’s Day prayer breakfast on which, customarily in recent years, he would issue policy thunderbolts, gave reporters a list of objectives which included such familiar (but unachieved) standbys as Metro government and bringing the city school system into municipal government as such.

    Herenton also pledged to resolve financial and jurisdictional disputes in the operation of the Beale Street tourist quarter. He deferred to the council on the matter of whether it should pass its own version of a county commission ordinance on topless clubs, but it is taken for granted he wants a more lenient ordinance than the county version, which bans beer sales in such establishments and requires pasties of dancers.

    Ironically enough, a wall of the basement room in which council members, staffers, and the mayor contained objets d’art, including a rendering of a reclining nude, sans pasties.

    The entire complement of the 2008 council membership was on hand, with the exception of new member Reid Hedgepeth. Mayoral aides Keith McGhee and Pete Aviotti also attended.