Friday, April 17, 2009

A Real Look at the Pigford vs. Glickman

It has been my intention for some time to find a way to bring to the attention of the general public who believe that the Black farmers in America have been paid, through the now historic Pigford vs. Glickman, Secretary of the USDA, for years of discrimination. The law suit was filed in August of 1998 and was deemed closed on April 4, 1999 after a “fairness” hearing. Quickly, the law suit was (1) a Class Action; (2) it had two “Tracks”- A for minimal proof, and B for a “preponderance of evidence;” (3) three of the most damning requirements were a) the naming of a “similarly situated White farmer” who was funded at the same time the Black farmer was denied; and b) the Adjudicator would receive challenges from the very officers and offices that had discriminated against the farmer; (3) that in settlement or debt write off would be counted as income to the farmer and reported to the Internal Revenue Service (IRS).

What the American public failed to realize is that the “Class” had an average age of 60. Therefore, the very people seeking justice were those who had survived Jim Crow, and many cases real plantation life, especially the deeper you went into the South. So these farmers had not only been denied access to loans and government programs, they had been denied access to education and basic rights of being able to register to vote, and then would have to have some extraordinary courage to actually go the polls and vote. Fortunately for me, my father and mother were one of the few farmers who had completed high school, could read and write, had educated his children “to get a better job,” but not educated away from the farm and the land.

During the struggle to save our farmland, Dad would often remind us that “the only legacy the Black farmer had to leave his children was the land.” What a profound statement. A people who had amassed more than sixteen million acres of land through some of the most treacherous times in America’s history, those who were the “middle class” in many of the Black communities building churches and schools and owners of small businesses that employed other Blacks, and though most of my generation would say the work was pure hell, these independent business people provided summer employment for many teenagers (please let us not debate this issue) too, and genuinely believed that their government would protect them.

The Black farmer and landowner and the small independent business men and women were actually major sustainers of the Civil Rights Movement in the South by being able to put up there land to bail the demonstrators out house and feed them with real food from home grown gardens and pasture raised meat. However, this “little” contribution has paled in comparison to the stories of the northern dollars that came to pay travel and other expenses for the freedom riders.

So a group of the least expected citizens of the United States; those who were least educated formally, and those who truly trusted their government to do right by them settled the largest Civil Rights claim against the government in history. Now, isn’t it interesting that in 1996 when the first African American was appointed Secretary of the USDA, that there was a law passed to tax all Civil Rights Awards and Settlements with the government.

Each day, the national office of the Black Farmers & Agriculturalists Association (BFAA) receives from five to seven calls regarding the Pigford Class. Forty per cent of them are members of the class still trying to get their case through Adjudicator and/or the Monitor. Fifty percent are those who have been fooled along the way by a break-a-way group from BFAA who took people for a ride by taking money from them through a scheme that the people believed would get them into the Pigford Class. And the other ten percent are actually claimants that have tracking numbers and may have an opportunity to pursue their claims under the Black farmer section of the 2008 Farm Bill.

Periodically, I will send short stories here that will help people know that the Black farmer is still struggling and still attempting to seek justice from a government that actually allowed racism and discrimination to be part of its laws. Hopefully, sensitive people will understand that you cannot deny an entire population to be denied its rights and expect that same population to come forth without questioning a government that continues to allow these practices to rule.

Thursday, July 24, 2008

Pigford Class Up Again

Congress finally passed the 2007 Farm Bill in 2008. One component to it is an amendment that will allow more than 60 thousand LATE CLAIMS to the now historic PIGFORD VS USDA CLASS ACTION. However, many people are under the impression that the law suit has been reopened. BFAA makes it very clear that the law suit is not re-opened for new claims. Hopefully people are not being taken in by those who would mislead them.


From what we here at BFFA understand, here is how the new legislation works:

You must have a letter from the Arbitrator saying that you were denied because your claim was late. If you have lost your letter, then the Monitor’s Office (1-877-924-7483) will have a Tracking Number for you. The Monitor’s Office is open Monday - Friday. Even if you cannot find your letter, if you truly have a late claim, your name will be there.

Then you will need to get an attorney. What congress has done only allows for you to see if you qualify as a Pigford Claimant. You will still need to prove that you or your relative was discriminated against.

If you need an attorney, we can suggest that you contact the Land Loss Prevention Project (LLPP) in North Carolina at 1-800-672-5839 or you contact Chestnut and Sanders at 1-866-492-6200 or 334-975-9264 in Alabama

If you have further questions, please feel free to contact the BFAA office at 252-826-2800.

Hopefully everyone is aware that BFAA is a volunteer organization and any contributions are gladly accepted in order that we might be able to keep the organization going. There is no paid staff.


Wednesday, June 25, 2008

Pigford Claimants and Reopening Pigford Case

June 3, 2008

Dear Pigford Claimant:

FINALLY A DECISION!!!! Congress has passed a bill that will allow those who filed late for the Pigford Class Action, Black farmers law suit, to seek damages. One draw back to this congressional action is that there is a $100 million cap to pay the more than 60,000 claims. BFAA is working with Attorney Rose Sanders to have the cap lifted, but cannot promise anything. At any rate, if you have a claim in, have a denial letter and a tracking number, you will be allowed to file a lawsuit or participate in a class action lawsuit to pursue your claim. You will need good legal council, and BFAA can with good conscious recommends the firm of CHESTNUT, SANDERS, SANDERS, PETTAWAY & CAMPBELL, L.L.C as one such firm. You can reach this firm at 1-866-492-6200 (toll free).

In the past Pigford case, attorney fees were paid by the government. But the new legislation does not a re-open the old Pigford case. Therefore, all of the terms are not clear, but it looks as if the claimant will have to pay attorney fees.

If you are looking for a lawyer and or legal firm to represent you in this matter, please call Rose Sanders at your earliest convenience. Sanders has assured BFAA that if attorney fees must be paid by the claimant their Firm's will be reasonable.

For the past ten years, this firm has served thousands of farmers honestly and respectfully.

If you have any concerns or questions, please contact the BFAA office at

252-826-2800 or call the law firm at 1-866-492-6200.

Yours for the Survival of Black Farmers,

Gary R. Grant, President

Monday, March 17, 2008

An Older Post; Obama Doesn't Respond Until After Fourth Invitation

February 3, 2008

Via Fax: (202) 228-4260 fax

The Honorable Barack Obama
713 Hart Senate Office Building
Washington, DC 20510


Dear Senator Obama:

When I wrote to you initially (12/2/07) requesting you to speak at the 10th National Black Land Loss Summit, it was as your status as A Senator form Illinois who had supported Black farmers across the country by offering up an amendment to the 2007 Farm Bill supporting late claimers in the historic Pigford Class Action. My second letter (2nd letter - 12/31/07) was of the same nature. My third and fourth letters (3rd letter 1/22/08) began to address the possibility of support for your campaign and citizens from across the country making the same request with financial support if they so desired.

Disappointed I am, and many others, that you will not be able to join us at the 10th National Black Land Loss Summit. I do want you to know that I understand and know that you have a very busy schedule, and we probably would not have been notified if you could come until a close date to the time of the Summit. And, I am appreciative that your Washington office did finally respond to someone and the message reached me that neither you, nor anyone from your campaign, would be able to be with us on February 16, 2008 here in rural northeaster North Carolina in the 1st Congressional District represented by the Honorable G.K. Butterfield.

However, in so stating my regrets and disenchantment, let it be known that I am doing so mildly because I am more than disappointed that this organization sent you four (4) letters of request by fax and mail, and had many citizens from around the country write to you and your campaign regarding your possible visit, but we never heard anything from you or your campaign. This is very unsettling since your campaign is based on change and calling for a “New Day” in the country, one that is inclusive and, as your wife stated in a speech I heard recently on TV, “…giving a little respect and dignity” for all of us.

I recently wrote to President George W. Bush regarding an issue of a Black farm family. Yes, I did expect a reply from him even though I am sure he checked and found that I am a life long registered voting Democrat and my name did not appear on his contributors list, no matter how small the contribution. And no, I did not get a response signed by President Bush, but I did get a response from the White House. It was disappointing as well, but at least they acknowledged that the issue and I exist. Regrettably, I cannot say the same here.


Black land loss is not a North Carolina issue, and evidently you are aware of this or you would not have introduced the amendment to the 2007 Farm Bill to support the late Pigford Claimants. As I stated in one of the four letters I sent you, “people come from as many as twenty (20) states to attend the Black Land Loss Summit.” Your support for the Pigford Class late claims is admirable and says you are concerned about how poor and working people are making it in this country, and that if they have been mistreated, they should have their day in court. But alas, not to acknowledge requests is deplorable.

Also, to my knowledge, the last presidential candidate who came through northeastern North Carolina with a message of “hope” was not disappointed in the reception that he found both in numbers and dollars. We could, and still can, have people to stand by you in the same manner.

I am not sure if I will receive a response to this letter or if it will be treated like the other four sent. However, I am notifying you that I am sending this letter to Congressman Butterfield and thanking him for his rapid follow through on a request of one of his constituents. A copy will be placed on the BFAA website, and a copy will be filed in the archives of the Remembering Tillery History Project for those who study the Black farmers issue and the presidential races of this era so they will have access to and know of this great disappointment.

Wishing you all the best,


Gary R. Grant
President, BFAA

Friday, March 14, 2008

Pigford Class Hopefuls BEWARE OF SCAMS!

PIGFORD CLASS HOPEFULS

BEWARE OF THOSE WHO WOULD RIP YOU OFF!!!

Based on information gathered at the 10th National Black Land Loss Summit, the more than 60,000 Late Claims for the historic Black Farmers Class Action – Pigford vs. Glickman, farmers, their decendents and heirs who are looking forward to becoming part of the lawsuit should be cautioned about signing “legal papers and retaining attorneys” before the US Congress and President George W. Bush pass and sign the 2007 Farm Bill. As in the past, there are always those lurking to see, once again, how they can profit from the struggles and catastrophes of others. What needs to be known:

1. How much money will be allocated by Congress?
2. What will be the process for people to have their cases evaluated?
3. What requirements will one have to meet?
4. Does being admitted for evaluation mean I will be successful in the Class?
5. What legal fees will be paid by the government and what legal fees will the claimant be responsible for?
6. How much is a lawyer charging for his/her services?
7. Can anyone other than lawyers file papers for you?

Then you must also consider JUST HOW MUCH PROOF do you have to prove discrimination. It has been the position of BFAA since Attorney Al Pires and the USDA agreed on this “Consent Decree,” that the government would find as many ways as possible to prevent those who have experienced the USDA’s discrimination to simply stall and hold off until the farmer is no longer willing to undergo the torture, is in such a state of ill health that real facts can no longer be recalled or may have died. Decendents trying to carry the case forward may not have all the facts, papers and other pieces needed to be successful in the process.

BFAA cautions on this issue based on the fact that almost 40% of the original claimants were denied and 10 years after Pigford successful claimants are still trying to collect.

If you have questions, please feel free to contact the BFAA office at 252-826-2800 or tillery@aol.com.

The 10th National Black Land Loss Summit was held February 15-17, 2008, held in the Historic Communities of the Tillery Resettlement Farm and the Franklinton Center at Bricks, with 13 states represented and speakers from the Pigford Monitor’s Office, the USDA Office of Civil Rights, Researchers, Activists and farmers and landowners, all who are dealing with the Pigford Class Action.

Sunday, March 9, 2008

We Shall Not Be Moved Documentary Trailer Available

To learn about the importance of land for rural communities, watch our new video about the Tillery Community. The entire trailer is now available for viewing down below. To order a copy please click here.


Spencer Wood and Tillery Community Recognized

February 27, 2008

PRESS RELEASE
Spencer Wood and Tillery Resettlement Community Recognized

Press Contact: Gary R. Grant 252-826-2800

Tillery, NC – During The Awards Luncheon at the 10th National Black Land Loss Summit, NC Spencer Wood, PhD of Kansas State University was awarded the “A Man Called Matthew Award” presented by the Concerned Citizens of Tillery (CCT) and the Matthew and Florenza Moore Grant Decedents. The award named in honor of the late Matthew Grant (1918 – 2001), established by CCT in 1988, is awarded periodically to an outstanding individual who supports community based economic development through African American land retention, family farm sustainability, and the development of youth entrepreneurial leadership. While the award has been given eleven times in the twenty years of its existence, Wood is only the second college professor to receive the honor.

Spencer Wood, a native of Colorado, is a professor at Kansas State University. He is a member of the Concerned Citizens of Tillery (CCT) and a board member for the national Black Farmers & Agriculturalists Association (BFAA). Both BFAA and CCT sponsor the Black Land Loss Summits. He met Gary R. Grant in 1998 during the court hearings on the now historic Pigford vs. Glickman, USDA Secretary Class Action on behalf of Black farmers and has worked diligently on the issue of Black land loss with much vigor. He has helped to organize all ten Black Land Loss Summits and attended eight. He has worked on several significant research efforts, especially in establishing a Fund for a Rural America Center on Minority Land Security.

Also, Senator Ed Jones presented the Concerned Citizens of Tillery (CCT) a special recognition from the North Carolina Senate. The Certificate of Recognition was accepted by CCT Board Chair Gary R. Redding, and it read in part “upon the occasion of its 30th Anniversary and recognizes the group for co-hosting the 10th National Black Land Loss Summit.”

Sen. Jones also made Special Presentations of Recognitions to the five remaining original Resettlers of the Tillery Resettlement Farms of the 1930s and 40’s. Present for the presentations were Adell Edmonds Davis and Delores Harvey Amason, accepting for her father Leroy Harvey. All certificates were signed by Beverly E. Perdue, President of the Senate; Marc Basnight, President Pro Tempore of the Senate and Senator Edward Jones, 4th Senatorial District.

He has also written and been published on the decline of African-American farmers including "Who Owns the Land?: Agricultural Land Ownership by Race/Ethnicity" and "Returning African-American Farmers to the Land: Recent Trends and a Policy Rationale. " He has authored several other papers pertaining to historical efforts to combat Black Land Loss. Wood’s dissertation explores the importance of land ownership in Mileston, MS an African-American New Deal Resettlement Community in the Mississippi Delta. In particular, he explores how land ownership fostered civic growth contributing to Mileston's significant role in the Mississippi civil rights movement. Wood can be contacted at sdwood At ksu DOT edu.

Photo Caption 1- Spencer D. Wood, PhD Sociology smiles broadly with decedents of Matthew and Florenza Moore Grant after receiving the “A Man Called Matthew Award” during the 10th National Black Land Loss Summit. Left to right are: Gary R. Grant, President of the National Black Farmers & Agriculturalists Association (BFAA) and Executive Director of Concerned Citizens of Tillery (CCT); Dr. Wood; Evangeline Grant Redding Briley, Master Sky Cameron Myers (3rd generation descendent) and twins Gary Rudolph Redding and Haile Redding Myers (second generation decedents).