"We
applaud this historic reparations victory that has taken over
141 years to achieve," stated Deadria Farmer-Paellmann, the lead
plaintiff in the case and Executive Director of the Restitution
Study Group. "We want the world to understand that this is not
just about the institution of slavery," she continued,
speaking at a press conference in front of the US Court House in
lower Manhattan following the decision. "This is about people
such as James Moody, an enslaved African who was forced to
work in toxic coal pits, insured by New York Life Insurance
Company – people who were never paid for their labor which
helped make the defendants in these cases multi-billion and
trillion dollar entities.
"This is my pledge to Aetna, Bank of America, JPMorgan Chase and
all the other defendants in this case," Farmer-Paellmann concluded.
"You and your shareholders will never be free from the demand for
reparations until you pay the debt."
"This
is a very significant case," added Bruce Afran, left, an attorney
who represented Deadria Farmer-Paellmann. "This is the first time
that a reparations case has had a victory, and it will be the
beginning of others. Just like the tobacco cases began with losses
and slowly began gaining wind, the reparations movement will now
gather steam in the courts and gain victories."
Attorney Roger Wareham, below right, who represented several
other plaintiffs in the case, explained that this decision means
that they can now return to the District
Court
to address the defendants’ violations of state consumer fraud
statutes. Punitive damages for such corporate fraud nationwide could
easily run into billions. The plaintiffs also retain the option of
going to state courts to pursue claims for the disgorgement of
profits.
Wareham also noted that this ruling demonstrates the importance
that the mass movement for reparations in the street plays in the
judicial arena. "It was the Black community’s active demand for
reparations and accountability for slavery that led to the passage
of corporate disclosure legislation around the country," he
declared. "These disclosures of hitherto concealed dirty secrets of
their corporate past will establish defendants’ liability in these
cases."
Wareham said, too, that they hope that yesterday's decision will
spur the New York City Council to catch up with California, Chicago,
Philadelphia, and other towns and cities around the country and
finally pass the corporate disclosure and reparations legislation
which has shamefully sat in committee for over four years now.
Wareham concluded by pointing out that this nation was built on
the Trans-Atlantic Slave Trade and the free labor of enslaved
Africans. "Racism was the ideological foundation used to justify
this crime against humanity," he stated. "Racism, as the execution
of Sean Bell proves once again, continues today. The justified anger
and resistance by the descendents of enslaved Africans – the victims
of racism today – will not go away without there being redress for
those past wrongs. We as lawyers will continue to fight in the
courts. We know that people will keep fighting in the streets. We
are confident that we will win."
Other claims that sought recovery of past profits made from slave
trading were dismissed in Judge Posner’s ruling because of the lack
of federal jurisdiction; however, such claims are still permitted to
go forward in the state courts.
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