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Arrested Development

April 17, 2006

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Students are stepping up their protests in support of low-wage workers on their campuses, and administrators at several institutions are cracking down -- and taking heat in some quarters for doing so.

The latest institution to get tough is the University of Virginia, where 17 students were arrested Saturday as a result of a peaceful sit-in they had been staging for four days at an administrative building on campus. President John T. Casteen III ordered the arrests, to the dismay of some students and faculty members.

“I understand that they have a vested financial interest in not paying the workers a living wage, but at the same time, to arrest people who are peacefully demonstrating on behalf of a cause that they are deeply committed to, is wrong,” said Todd Rosenbaum, a senior and legal liaison for the student activists, which are collectively known as the UVa Living Wage group.

“The administration has been punitive, heavy-handed and not willing to have a conversation about this issue,” added Susan Fraiman, a professor of English at the university. “I hope that the students’ tenaciousness will have the desired effect.”

But Casteen said that he has been more than willing to negotiate, and that the arrests were prompted out of concern for the safety of the protesters. "We have called on many in the university community, including members of our university police and Dean of Students Office, to work overtime and through the past few nights to ensure the safety of these students and the security of our facilities," the president said in a statement released Saturday.

"It has come at a cost to their personal and family lives on this religious holiday weekend. We believe it was important to bring this sit-in to conclusion so that others might get on with their lives and the staff of Madison Hall might be able to get back to work on Monday morning," he said. "The university takes no pleasure in having to arrest its own students, but it was time for the disruption to come to an end." 

On the first day of the sit-in, last Wednesday, Wende Marshall, an assistant professor of anthropology, was charged with trespassing after having been told to leave the building. On Friday, the administration cut off wireless Internet services in the building and would not allow outsiders to bring food to the students.

“I’m really embarrassed about the university’s treatment of our kids,” said Peter Ochs, a religious studies professor who tried to deliver matzoh and study books to the students, but was told he could not do so.

The students have been asking for months that the university take a leadership role in increasing the pay for the lowest paid workers at the institution, said Abby Bellows, a student spokeswoman for the group. The students have been asking that all university employees, whether directly employed or hired through outside firms, “be paid a living wage of at least $10.72 per hour before benefits, adjusted at least annually to inflation and the cost of living in Charlottesville.”

Currently, the university’s lowest hourly wage rate is $9.37 an hour, "slightly higher than that paid by the City of Charlottesville, whose wage practices the group has applauded," according to a statement from the university. UVa's pay rate is the highest among state institutions

Administrators have maintained that they cannot control how much money private contractors pay to university staffers. “From what I have seen, you have attracted good local support for certain aspects of your cause (i.e., higher wages for persons employed in jobs that pay less than they should), but also that you have lost ground with regard to the claim that the University (or I) can unilaterally address the matters found by the Attorney General to be beyond our lawful scope,” Casteen wrote to the students in an official letter last Thursday.  “You know and I know that I do not have the authority to do what you have demanded.”

The university has taken proactive steps in dealing with the students' concerns. Administrators recently sent David E. Johnson, a deputy attorney general of Virginia, a letter asking whether the university could set its own minimum wage policy for contracted employees, separate from those established by the state.

"It is the advice of this office that ... the University of Virginia does not have the authority to require a minimum or living wage requirement that must be paid by private contractors and vendors," wrote Johnson. He said that such authority could only be granted by the state's General Assembly. 
 
In a speech on Friday, Meredith Richards, a former Charlottesville city councilwomen, suggested that the university could push harder than it is, noting that some municipalities in the state have passed living wage ordinances that have not gotten them into legal trouble with the state government and have allowed their cities to pay more to low-wage earners.

However, Johnson said in his letter that regardless of these local decisions, the Office of the Attorney General does not believe that they serve as precedents that would protect the university from violating state law.

Before ordering the arrests, Casteen asked that the students conduct their protest "in some area that does not impede transactions and normal business for persons not involved in your protest." He said that he was willing to develop analyses that could support a case for increased wages for low-income earners. He also said he would "commit to recruiting qualified faculty of various political persuasions to participate with you in the analysis to support a serious campaign with the General Assembly."

According to a statement released by the university, “Casteen was clear throughout the four days that while he respected the work that the group has done and their dedication to it, he did not believe a sit-in in Madison Hall was the best way to produce those results.” Casteen could not be reached throughout the weekend for further comment on the arrests.

Students across the country have been using their remaining weeks of classes to support low-wage workers at their respective institutions. At the University of Miami, some students have now been on a hunger strike for almost two weeks trying to get President Donna E. Shalala to support unionization for janitors at the institution.

To date, student organizers at Miami say that the administration has been unreceptive and has made them feel “marginalized.” “The struggle for economic justice for workers is a nationwide problem,” said Jacob Coker-Dukowitz, a junior at Miami. “But our culture has taken the power so far out of the hands of low-wage workers.”

Over the weekend, administrators and city police shut down a demonstration by dozens of University of Vermont Green students who have argued that low-wage workers there need to have an increase in salary from $9.00 to $12.00 an hour. Members of the Student Labor Action Project say that this action would result in a more "livable wage."

“I think students have read well the national concern over the near poverty level of many low-income workers,” said Ochs of UVa. “We teach our students to care about other people and they have tried to care about the poorest people who service our needs.”

The seventeen Virginia students are expected to be released from jail on Monday.

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Comments on Arrested Development

  • Important Lesson
  • Posted by Bad English on April 17, 2006 at 8:00am EDT
  • The essential part of civil disobedience is accepting the legal consequences of one's dissent. The students must learn that standing up for their beliefs will not always be met with consensus, flowers, and universal praise. They might even get arrested by those who disagree with them.

    Someone needs to teach the students to make a principled argument in face of legal action against them, not just cry.

  • Got a calculator?
  • Posted by A.D. on April 17, 2006 at 8:10am EDT
  • Numbers, dang numbers, and lies .. according to this --

    http://www.washingtonpost.com/wp-dyn/content/article/2006/04/16/AR2006041600883.html

    UVa's benefits package is NOT included in the demonstrators' calculations .. that is, those UVa benefits ADD 33% to wages, as opposed to 0% by other employers.

    Is demanding above-market wages sustainable? Take a look at General Motors -- then try to justify it, rationally. Good luck.

  • Upping the ante
  • Posted by Larry on April 17, 2006 at 11:10am EDT
  • Bad, Although I don’t take a position on whether the students should have been arrested or not, part of the student’s strategy is to dare a college president to order the arrest his own students for nonviolently protesting. Now, the students were arrested. As you point out, arrest is a likely consequence of civil disobedience. This is something that everyone knows. The ante is upped. However, arrest, itself is not punishment (even in VA), and in most of these situations, it is unlikely that the president of UVA will offer too much cooperation in any trial of his own students, where he will likely be forced to explain his actions. Instead, UVA, which, although it is a party school, prides itself on appearing squeaky clean, now has pictures of pretty white people being arrested for nonviolently protesting associated with it.

  • No Exit
  • Posted by JD on April 17, 2006 at 11:40am EDT
  • I know a young woman with two children and a worthless husband who decided to get off welfare. She went to work at a university for minimum wage as a janitor. Her husband stayed home and took care of the children. By the time the university finished deducting intangibles from her paycheck, she took home less than $400 per month. After the second month, she quit and went back on welfare because she realized she could not afford to work.

    It seems that the question society needs to answer is quite simple. Would we like to see people 1) earn a livable wage, 2) draw welfare, 3) starve in the streets, or 4) turn to crime?

    I submit that a livable wage is cheaper for the public than welfare, and welfare is cheaper than prison. People who work have the opportunity to learn to earn more. That is somewhat less likely for people on welfare or in prison.

  • Larry
  • Posted by Bad English on April 17, 2006 at 11:45am EDT
  • I don't disagree with you. These student sit-ins just miss the point of authentic civil disobedience, but this is by no means the silliest protest I've seen. At Harvard, for example, the students occupied University Hall over the same issue (wages for university employees), and the administration had security cater the sit-in. By this I mean the campus cops were literally bringing in sandwiches and other stuff from Au Bon Pain to feed the kids between media appearances. Kids got out of class for a long while, felt very good about themselves, got media attention they craved, plus they got free cookies from the university. I also note that the protest ended promptly when the kids had to take final exams or actually fail courses.

    Birmingham Jail this is not.

  • Posted by Christine Sell on April 17, 2006 at 1:45pm EDT
  • Larry, Bad English, A.D.: Lovely words from all of you. Tough and righteous. Bully on Down. I doubt that any of the students you are having a good time making fun of didn't understand that they might be arrested. I think they did. You miss the point. Here's an idea, go take a low paying job at a university and see if you can understand after a few paychecks what upset the students. Then come back to us and spout more of your great-to -hide-behind-'cause -then-I-feel-righteous statistics. I would suggest you get lives, but I think you need to get into the streets and get a reality does - then maybe you can get lives.

  • and what if ...
  • Posted by jm on April 17, 2006 at 4:00pm EDT
  • And what if the University increased its lowest wages to the "liveable" level and covered that added operating cost by increasing tuition, as would likely be the case?

    Would U.Va. students protest that, as well?

  • response to Christine
  • Posted by Larry on April 17, 2006 at 4:00pm EDT
  • Christine, First of all, I disagree with you. The students were daring the president to try and have them arrested. This is what such a sit-in is about. (As a practical matter, I think that it is very dangerous to ever involve the police in any of these sit-ins, and administrators would be better advised to simply inform people of ongoing negotiations, thereby marginalizing the students and their publicity stunt.) Are you really claiming that someone that is trespassing, warned that they are trespassing, told that they will be arrested has no idea that they will be arrested for trespassing? Are you saying that they didn’t know they were trespassing? I would be interested in your views of this, if you can state them with specificity.

    Second, I don’t have a position on the underlying protest, and it is completely irrelevant to my point about the sit-in. However, I should note that in my family it is dishonorable to take a low-paying job, so I won't take one. To that end, we don’t drink and we don’t watch TV. You might want to advise people with low-paying jobs not to watch TV or goof off.

  • Posted by John R. , What about unintended consequences? on April 17, 2006 at 4:35pm EDT
  • I think it's worth pointing out here that if the minimum hourly wage of a UVA janitor is $9.32, then that's a gross annual salary of $19,386. While hardly a king's ransom, that salary that carries a pretty low tax liability, especially if the janitor in question can claim dependants.
    Meanwhile, graduate-student stipends in the UVA English department appear to run from $14,000 to $18,000 (plus health care) per year. And yet somehow, the English TAs are surviving in and around Charlottesville without (to use two of JD's claims) starving in the streets or turning to crime.

    Again, I'm not claiming that $20K per year is a princely salary, but beyond the presumptuousness of privileged undergrads claiming to know what a "living wage" is, I'd be less critical of them if they and their supporters hearkened back to Econ 101 and told us skeptics what they think the unintended consequences of a janitorial pay hike might be: A permanent janitorial class? Higher salaries but a smaller employee pool, thus leaving more locals unemployed? Unemployed English teachers becoming high-wage janitors, thus forcing out entry-level employees (including unskilled immigrants) altogether?

    I have no doubt the protesters are nice people who mean well, but I'd respect them more if I thought they could answer these objections, or if they showed any sign that they had even looked beyond fact sheets from sympathetic think-tanks to work through all possible consequences in the first place.

  • Posted by sl on April 17, 2006 at 8:30pm EDT
  • For all those of you speculating about the character of the student campaign, a look at its website might be educational:
    uvalivingwage.net

    Also, all the students understood the possible legal and academic consequences of their actions before undertaking the sit in. While I do not think tears should be ridiculed, I did not see many of the 17 crying as they came out.

  • About time
  • Posted by Kevin , Undergraduate on April 18, 2006 at 6:15am EDT
  • About time someone decided to put a stop to this nonsense. Don't drop charges and begin expulsion proceedures.

  • Government as employer of last resort?
  • Posted by B.J. , Started working at 12 at Snow-removal firm on April 18, 2006 at 6:15am EDT
  • " .. you need to get into the streets and get a reality does (sic) .."

    Madam, it is you who needs a dose of reality. If you want government to be the employer of last resort -- ask for a vote. You'll get a dose of reality that won't quit.

  • Love the market, but does it work?
  • Posted by SH , Union Organizer at UVa on April 18, 2006 at 8:10am EDT
  • I'm finding this converstation fascinating. I think the real question is that if people do everything right, and make decent "market wages", and still don't have enough money to pay for the basics, is the market system working?
    40% of the homeless population in C'ville have jobs, but can't afford housing. Full time state workers in Richmond live under bridges. THis isn't a question of getting another job or of getting a better job. Do the employers within a community have a responsibility to that community? Or do we as citizens continue to subsidize them with food stamps, free health care, etc.?
    It's a huge question. And yes, when UVa upped tuition to cover the costs of higher wages, the Living Wage students were just fine with it. And asked for more.

  • Hearts Content
  • Posted by Kevin , Undergraduate on April 18, 2006 at 11:00am EDT
  • How much is "basic" food and "basic" shelter? Who defines it? Soldiers have, in the past, lived years with nothing more than a trenchcoat for shelter. In warmer climates that might not even be necessary. What about food? How much are people going to be entitled to have others pay for? Who is going to decide? Some social elite that will redistribute the products of our labor according to the percieved needs of all? The "poor" themselves?

    The people who have a problem with the market are the people with a vastly inflated sense of self worth that believe the government should rearrange the world to correspond to their self-important delusions.

    Those of us who live in reality can only hope that we don't have to foot the bill.

  • Hmmmm.
  • Posted by Bad English on April 18, 2006 at 11:00am EDT
  • "Full time state workers in Richmond live under bridges."

    Hmmmm. How exactly do we know this?

  • Don't bother me with the facts
  • Posted by B.J. on April 18, 2006 at 1:50pm EDT
  • " .. if people do everything right .."

    It depends on the facts. In the 2000 election, some claimed some military families were on food stamps. Yes -- because they had 2+ children. Are you suggesting the public subsidize large families? Or bad choices? Thanks -- I'll pass.

    " .. 40% of the homeless population in C’ville have jobs, but can’t afford housing. Full time state workers in Richmond live under bridges."

    Where's the data on this? Is this some urban legend, like "more bar fights on Super Bowl Sunday?" Further -- living costs in a lot of college towns (e.g., Cambridge, Berkeley, Chapel Hill) have been driven out of sight by MDs and trust-fund babies. You planning to go after them?

    " .. yes, when UVa upped tuition .. the Living Wage students were just fine with it. And asked for more."

    No one is stopping LW from making donations voluntarily. Looking foward to seeing that happen.

  • Posted by Larry on April 19, 2006 at 12:35pm EDT
  • Kevin, Why are you so vindictive? First of all, most of these kids, at worst, would be charged with misdemeanors. Secondly, prosecuting them might be difficult, as many of the players in the game would have to describe exactly their interaction with the kids. In many similar situations, the kids can argue that they were given some form of permission to be where they were.

    As much as you hate these kids, they do not constitute a real threat to public safety. At least not enough of a threat to justify the two trials that each is might be entitled to in Virginia.

    If you are going to expel people from all misdemeanors, I guess this means that anyone caught drinking underage should be expelled for life. (And, underage drinking, is, in my mind, a millino times worse than trespassing.)

    Ultimately, I agree with you, because I have concluded that people that take low-paying jobs deserve to suffer. So, if you were in my family, and you took a job out of college that paid less than 100,000 per year we would disown you. This is considered a shame. But, based on your comments, I know that you would have no problem making what we consider to be a living wage.

    SH, I think you made a lot of your facts up. I would like to know which state worker lives under a bridge, and how much he makes a year. I would also like to know why he doesn’t move or go to college.