Ernie Chambers

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Senator Ernest W. Chambers
Member of the Nebraska Legislature
from the 11th district
In office
1971 – 2008
Preceded by Brenda Council
Born July 10, 1937 (1937-07-10) (age 72)
Omaha, Nebraska
Political party Independent
Residence Omaha
Alma mater Creighton University School of Law
Occupation Barber
Religion Agnostic[1]

Ernest (Ernie) W. Chambers (born July 10, 1937) is a former Nebraska State Senator who represented North Omaha's 11th District in the Nebraska State Legislature. He is also a civil rights activist and is widely-regarded as Nebraska's most prominent and outspoken African American leader. As a State Senator, Chambers was considered one of the Legislature's most passionate, controversial and colorful members and was characterized by some outlets of the national media as "the Maverick of Omaha," the "angriest black man in Nebraska," and "defender of the downtrodden".[2] He served his final day as a Senator in the Nebraska Legislature on April 17, 2008, due to a term limits law passed in 2000. It is generally agreed that even after 38 years he would have easily won re-election. As he put it, "They had to change the [state] constitution to get rid of me."

Contents

[edit] Biography

“ The maverick of Omaha. - Mother Jones ”

Ernie Chambers is a lifetime Omaha resident. He is a graduate of Omaha Central High School and Creighton University School of Law although he is not a member of the bar and does not practice law. He was a young barber when he first appeared in the Oscar-nominated 1966 documentary film A Time for Burning. During this period, he emerged as a prominent leader in the North Omaha community as illustrated in his instrumental role during the 1966 riots, when he successfully negotiated concessions from the city's leaders on behalf of the African American youths of North Omaha.[3]

[edit] Political career

 This section may be slanted towards recent events. Please try to keep recent events in historical perspective. (January 2009)

First elected to represent North Omaha's 11th District in the Nebraska State Legislature in 1970, Chambers was successfully re-elected in every ensuing election through 2004. On April 25, 2005, Chambers became Nebraska's longest-serving state senator, having served for more than 35 years.[4] He was not allowed to seek re-election in 2008 because of an amendment passed in 2000 which limits Nebraska state legislators to two four-year terms. Sen. Chambers also ran for the United States Senate in 1988 as a New Alliance Party candidate.[5] He petitioned to be included on the 1974 ballot for Governor of the state of Nebraska[6] and also ran for Governor in 1994, receiving 0.44% of the vote.

Chambers hosts a weekly call-in public access television show on Omaha Cox Channel 22.

[edit] Legislative service

“ America is basically a hypocritical society and recognizes that hypocrisy is found throughout. The public doesn’t look for politicians to tell the truth or to deliver on their promises... Politicians know this. Even when the public seems to be upset, the politicians know if they can put on a brave face and ride it out, they generally will. - Senator Ernie Chambers[2] ”

Senator Chambers' politics are decidedly liberal. He is a firm opponent of the death penalty, and introduced a bill to repeal Nebraska's capital punishment law at the start of each legislative session. The bill was once passed by the Legislature but could not overcome the governor's veto; the issue remained as a primary focus of his while in office.

Frequently employing legislative rules and filibusters to block proposals, his legislative opposition has caused friction with some of his colleagues in the Legislature. It has, in fact, been suggested by opponents of legislative term limits that the 2000 amendment limiting senators to two four-year terms had been conceived largely to force him from his position.[7] But despite such friction, he is well-respected by many past and present Nebraska politicians for his intimate knowledge of legislative rules, his persuasive skills as an orator and for wearing his sweatsuits or black or blue T-shirts and denim jeans on the floor of the Senate rather than a suit.[who?]

[edit] 1986 NCAA student athletes as state employees

Senator Chambers has promoted recognizing NCAA student athletes as state employees since the 1980s, arguing that the athletes are generating revenue for their universities without any legal benefits for doing so, which encourages illegal payments and gifts. A bill on this issue too was once passed by the Legislature and again it was unable to overcome the governor's veto.[8] After it was revealed that requiring student athletes to be recognized as state employees would jeopardize any university's NCAA standing, the language of the bill was changed such that a university could allow for players to be paid a stipend, a change that allowed for the bill's passage and signature of governor approval in 2003.[9]

[edit] 1989 Franklin Scandal

According to an article that appeared in the December 18, 1988, edition of the New York Times, unidentified people present at a closed meeting reported that Nebraska State Senator Ernie Chambers claimed he heard credible reports of "boys and girls, some of them from foster homes, who had been transported around the country by airplane to provide sexual favors, for which they were rewarded."[10] Investigating what became known as the Franklin child prostitution ring allegations, a Nebraska grand jury was convened to investigate the allegations and possibly return indictments. Eventually, the grand jury ruled the entire matter was "a carefully crafted hoax," although they failed to identify the perpetrators of said hoax.[11]

[edit] 2006 Omaha Public Schools controversy

In April 2006, Senator Chambers introduced LB 1024, an amendment to a bill that would divide the Omaha Public Schools district into three different districts. The bill and its amendment were created in response to an effort by the Omaha schools district to "absorb a string of largely white schools that were within the Omaha city limits but were controlled by suburban or independent districts". Omaha Schools claimed that the usurpation was necessary to avoid financial and racial inequity, but supporters of LB 1024 contested the district's expansion, favoring more localized control, especially along racial and ethnic lines. The bill has received national attention and some critics have referred to it as "state-sponsored segregation".[12]

A bill passed in 2007 repealed LB 1024, restoring pre-2006 Omaha-area school district boundaries, after which a "learning community" was created to equalize student achievement in Douglas and Sarpy counties.

[edit] 2007 Lawsuit against God

See also: Lawsuits against God
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On September 14, 2007, Sen. Chambers filed a lawsuit against God, seeking a permanent injunction ordering God to "cease certain harmful activities and the making of terroristic threats...of grave harm to innumerable persons, including constituents of Plaintiff who Plaintiff has the duty to represent".[13]

Sen. Chambers said his action was in response to another lawsuit filed in the state court that he considers to be frivolous and inappropriate.[14] In that case a woman was taking Lancaster County Judge Jeffre Cheuvront to federal court for ruling that the words "rape", "sexual assault kit", "victim", and "assailant" could not be used in her testimony.[15] Judge Cheuvront agreed with the defense attorney that "The word 'rape,' is not a legal term, he said. 'Sexual assault' is, but whether a defendant committed that crime is a question for a jury to answer based on evidence at trial. Under the rules of evidence, witnesses can’t reach legal conclusions. ...Using words like 'rape' creates unfair prejudices for defendants and invades the (duties) of the jury."[15] The judge also denied the plaintiff's motion to bar the defendant from using words like "sex" and "intercourse" in his testimony.[15] The defendant argued that they had consensual sex after meeting at a bar, drinking together until it closed, and returning to his home after 1 am. The plaintiff "told an investigator the following day she could not remember most of the previous evening and that she did not willingly accompany [him] [though a surveillance camera video did show her leaving with the defendant[16]]... she could only recall waking up in a strange apartment with an unknown man who was 'having sexual intercourse with her.'"[15] She went on to say "he stopped the sex when asked. His words were, 'You don't remember last night? You consented.' That shows he knew the difference."[16] Prosecutors alleged the defendant knew she "was too intoxicated to consent to sex."[15] In response to the media attention "Bruce Lyons, a past president of the National Association of Criminal Defense Lawyers, said he could not understand the controversy over Cheuvront’s order...[and] he knew of similar rulings in other jurisdictions. ...judges have an overriding responsibility to keep trials fair. And a prosecutor, he said, should be able to elicit testimony that will tell a jury the alleged victim believes a crime occurred, even though the victim can’t use words like rape."[15] The defense attorney also stated "words like 'sex' and 'intercourse' are, unlike 'rape,' legally neutral. You can have forced intercourse, or you can have legal intercourse."[15] At the time of the controversy the case was moving to its second hearing as the first had ended in a deadlocked jury that resulted in a mistrial. With the media coverage and controversy (which escalated into street demonstrations[17]) the judge declared a second mistrial "citing news coverage and public protests on behalf of [the woman]."[18] In response to his ruling barring certain words the woman filed suit against Judge Cheuvront in Federal Court saying that he had violated her First Amendment right to free speech.[18]

Senator Chambers (a member of the Judiciary Committee[19]) found the lawsuit against the judge outrageous, and stated the case "is inappropriate because the Nebraska Supreme Court has already considered the case and federal courts follow the decisions of state supreme courts on state matters."[14][20] He went on to announce his lawsuit against God and said "This lawsuit [against Judge Cheuvront] having been filed and being of such questionable merit creates a circumstance where my lawsuit is appropriately filed. People might call it frivolous but if they read it they’ll see there are very serious issues I have raised."[14][20]

In the lawsuit filed to prove his point that under current law any case no matter how ridiculous must get a hearing he stated that "Plaintiff, despite reasonable efforts to effectuate personal service upon defendant 'Come out, come out, wherever you are,' has been unable to do so." The suit charged God "of making and continuing to make terroristic threats of grave harm to innumerable persons, including constituents of Plaintiff who Plaintiff has the duty to represent...[by using] fearsome floods, egregious earthquakes, horrendous hurricanes, terrifying tornadoes, pestilential plagues, ferocious famines, devastating droughts, genocidal wars, birth defects and the like. ...[Often causing] calamitous catastrophes resulting in the widespread death, destruction and terrorization of millions upon millions of the Earth’s inhabitants including innocent babes, infants, children, the aged and infirm without mercy or distinction. ...[And] has manifested neither compassion nor remorse, proclaiming that defendant will laugh [Proverbs 1:26]."[21] The Senator asked "for the court to grant him a summary judgment... [or for] the judge to set a date for a hearing as expeditiously as possible and enter a permanent injunction enjoining God from engaging in the types of deleterious actions and the making of terroristic threats described in the lawsuit."[21]

Chambers' lawsuit drew even more media attention than the lawsuit that had inspired him to take the action to prove his point. Many media outlets covering the story made no mention that Chambers' case was intended to show that the courts were currently required to hear cases regardless of how frivolous they were. The confusion was furthered by Chambers himself who apparently tongue in cheek told reporters that his case was not to protest frivolous lawsuits but to insure them saying his action was "in response to bills brought forth by other state senators to try and stop lawsuits from being filed. 'The Constitution requires that the courthouse doors be open, so you cannot prohibit the filing of suits, Anyone can sue anyone they choose, even God.'"[22]

In response to Chambers' case two responses were filed. The first was from a Corpus Christi lawyer, Eric Perkins, who wanted to answer the question "what would God say".[23] The second was filed in Douglas County, Nebraska District Court. The source of the second response, claiming to be from "God", is unclear as no contact information was given.[24]

On July 30, 2008, local media sources reported the Douglas County District Court was going to deny Chambers' lawsuit because Chambers had failed to notify the defendant.[25] However, on August 1 Chambers was granted a court date of August 5 in order to proceed with his lawsuit. "The scheduling hearing will give me a chance to lay out the facts that would justify the granting of the motion," Chambers was quoted as saying. He added, "Once the court enters the injunction, that's as much as I can do," he said. "That's as much as I would ask the court. I wouldn't expect them to enforce it."[26]

However, a judge finally did throw out the case, saying the Almighty wasn't properly served due to his unlisted home address.[27] Chambers responded to the news by saying "the court itself acknowledges the existence of God. A consequence of that acknowledgment is a recognition of God's omniscience. Since God knows everything, God has notice of this lawsuit." As of November 5, 2008, Chambers has filed an appeal to the Nebraska Supreme Court.[28] The former state senator John DeCamp and E. O. Augustsson in Sweden, have asked to represent God. Augustsson's letters, mentioning the Bjorn (see the BjornSocialist Republic) were striked as "frivolous". The Appeals Court has given Chambers until February 24 to show that he has notified DeCamp and Augustsson of his brief.[29] He did so. The Nebraska Court of Appeals dismissed the appeal and vacated the order of the district court, on February 25. The court quoted cases according to which "[a] court decides real controversies and determines rights actually controverted, and does not address or dispose of abstract questions or issues that might arise in hypothetical or fictitious situation or setting".

The lawsuit against Judge Cheuvront that had motivated Chambers had been dismissed months before with U.S. District Court Judge Richard Kopf finding that the plaintiff did not "provide enough evidence to show why her lawsuit against Lancaster County District Judge Jeffre Cheuvront isn't frivolous."[30] He stated that he was concerned the "lawsuit against Cheuvront was actually intended to force Cheuvront to recuse himself from her case."[30] And while "For the life of me, I do not understand why a judge would tell an alleged rape victim that she cannot say she was 'raped' when she testifies in a trial about rape.[31].there is something profoundly disturbing about the notion that a federal judge has the power to tell a state judge how to do his job."[30] The case had also been appealed to a panel of three judges on the 8th U.S. Circuit Court of Appeals who held that "the federal court didn't have jurisdiction in the case." At the time the plaintiff's attorney stated that she would "appeal to the full court, then to the U.S. Supreme Court if necessary."[32] In early 2008 Lancaster County prosecutors announced that they would not be seeking a third trial of the man accused of sexual assault.[31]

[edit] Assorted legislation

Chambers has long advocated on behalf of David Rice and Ed Poindexter, who were convicted of the murder of an Omaha police officer; Amnesty International considers the men political prisoners.

Often clashing with fellow senators, Senator Chambers has taken on several issues of concern to rural Nebraskans during his tenure, such as a bill requiring landowners to manage the population of black-tailed prairie dogs on their property and a proposed constitutional amendment to preserve the right to fish, trap and hunt in the state. Chambers described the latter measure as one of the most "asinine, simple-minded pieces of trash" ever to be considered by the Legislature.[33] In 2004 Chambers co-authored an opinion piece with U.S. Rep. Tom Osborne opposing a set of initiatives that would allow casino gambling and slot machines in Nebraska.[34] Chambers also opposed proposed funding of the state's ethanol plant incentive programs, declaring them "a boondoggle".[35]

In the spring of 2006, Chambers withdrew support from two tax incentive bills which would have provided funding for Omaha and Lincoln civic building projects. Chambers claimed that he withdrew support because Omaha business leaders had insulted the Legislature and the North Omaha community which he represents by criticizing the passage of LB 1024. He was also insulted by the Omaha City Council's refusal to name a North Omaha park after him despite another request by that neighborhood to do so.[36]

[edit] Post-Legislative Life

On November 4, 2008, Chambers was elected to be a member of the new Douglas and Sarpy County, NE, Learning Community board. Chambers was sworn in in early 2009.

[edit] Legacy

Aside from the long-ranging effects of his legislative service, Chambers has also been honored in Omaha. The apartment complex originally called Strehlow Terrace was renamed the Ernie Chambers Court in the 1990s.[37]

[edit] See also

[edit] References

  1. ^ Associated Press (September 21, 2007) 'God' Gets an Attorney in Lawsuit Retrieved 2008-10-17
  2. ^ a b Beckel, M. (2006) The Maverick of Omaha. Interview: Sen. Ernie Chambers talks race and politics. Mother Jones. January 5, 2006
  3. ^ (n.d.)History 313: Manual - Chapter 9: Black Omaha: From Non-Violence to Black Power. University of Washington.
  4. ^ Associated Press (April 25, 2005). "For the Record". http://www.journalstar.com/articles/2005/05/19/legislature/doc426d6057102ce069854399.txt. Retrieved on 2006-05-24. 
  5. ^ Peake, L. (1988) A Queer Alliance Gay Community News/Radical America. Retrieved 5/2/07.
  6. ^ (nd) RG002 Nebraska Secretary of State (& film). State of Nebraska. See "B.47 1960-1974 Petitions RMA1054".
  7. ^ Associated Press (March 26, 2006). "Impact of term limits on state's unicameral government feared". http://www.journalstar.com/articles/2006/03/26/nebraska/doc442614593471e348421934.txt. Retrieved on 2006-05-24. 
  8. ^ (1991) Sports People; Financial-Aid Bill New York Times. 2/24/91. Retrieved 5/2/07.
  9. ^ (2004) Debate rages over paying college athletes The Daily Collegian Online 2/17/04. Retrieved 9/21/07.
  10. ^ William Robbins. A Lurid, Mysterious Scandal Begins Taking Shape in Omaha. The New York Times, December 18, 1988
  11. ^ William Robbins. Omaha Grand Gury Sees Hoax in Lurid Tales. The New York Times. July 29, 1990
  12. ^ The New York Times (April 15, 2006). "Law to Segregate Omaha Schools Divides Nebraska". http://www.nytimes.com/2006/04/15/us/15omaha.html?ex=1302753600&en=613ee46cacb5fefa&ei=5088&partner=rssnyt&emc=rss. Retrieved on 2006-05-24. 
  13. ^ MSNBC (2007-09-17). "State Senator Ernie Chambers Sues God". http://www.msnbc.msn.com/id/20823832. Retrieved on 2007-09-17. 
  14. ^ a b c Nate Jenkins (2007-09-17). "Chambers sues God in protest of another lawsuit". Associated Press. http://www.journalstar.com/articles/2007/09/18/news/politics/doc46ef102aa68ed928664526.txt. Retrieved on 2007-09-18. 
  15. ^ a b c d e f g Clarence Mabin (Sunday, June 17, 2007). "Banned words debated in sex assault case". Lincoln Journal Star. http://www.journalstar.com/articles/2007/06/17/news/local/doc46745fdc16768519275420.txt. Retrieved on 2008-10-16. 
  16. ^ a b Paul Hammel (June 7, 2007). "Two say 'cleansing' of court language goes too far". World Herald. http://www.omaha.com/index.php?u_page=2798&u_sid=2397636. Retrieved on 2008-10-16. 
  17. ^ Sarah Plath (2007-07-18). "Rally protests gag order in rape case". The Daily Iowan. http://media.www.dailyiowan.com/media/storage/paper599/news/2007/07/18/Metro/Rally.Protests.Gag.Order.In.Rape.Case-2924732.shtml. Retrieved on 2008-10-16. 
  18. ^ a b "Woman sues judge for banning words". Associated Press. 9/8/2007. http://www.usatoday.com/news/nation/2007-09-08-2867930717_x.htm. Retrieved on 2008-10-16. 
  19. ^ "Sen. Ernie Chambers (District 11, Omaha". http://www.unicam.state.ne.us/web/public/senators/bios/chambers. Retrieved on 2008-10-16. 
  20. ^ a b "Nebraska state senator sues God". Associated Press. September 17, 2007. http://www.msnbc.msn.com/id/20827350/. Retrieved on 2008-10-16. 
  21. ^ a b "State Sen. Ernie Chambers Sues God". KETV. September 17, 2007. http://www.ketv.com/news/14133442/detail.html. Retrieved on 2008-10-16. 
  22. ^ "Ernie Chambers Files Suit Against God". KPTM. January 17, 2008. http://www.kptm.com/Global/story.asp?S=7086874. Retrieved on 2008-10-16. 
  23. ^ [1][dead link]
  24. ^ [2][dead link]
  25. ^ "Nebraska Senator's Lawsuit Against God Fizzling", KOLN/KGIN.com. Retrieved 8/1/08.
  26. ^ Cole, K. "Chambers Aims to Get Judge's Blessing", Omaha World-Herald as published on RedOrbit.com. Retrieved 8/1/08.
  27. ^ "Suit Against God Thrown Out Over Lack of Address ", Associated Press as published on yahoo.com. Retrieved 10/15/08.
  28. ^ Heller, Matthew "Plaintiff in God Lawsuit Appeals to Higher Power", On Point News Retrieved 11/11/08.
  29. ^ Paul Himmel: Chambers aims to revive case with 'all-knowing' argument
  30. ^ a b c Anna Jo Bratton (2007-09-26). "Judge tosses lawsuit over word 'rape'". Associated Press Writer. http://www.usatoday.com/news/nation/2007-09-25-2867930717_x.htm. Retrieved on 2008-10-16. 
  31. ^ a b Paul Hammel (January 4, 2008). "No new trial in 'rape' ban case". World Herald. 
  32. ^ Margery A. Gibbs (4/3/2008). "Appeals court upholds court's word ban". Associated Press. http://www.usatoday.com/news/nation/2008-04-03-2867930717_x.htm. Retrieved on 2008-10-16. 
  33. ^ Lincoln Journal Star (March 3, 2005). "Chambers takes aim at hunting measure". http://www.journalstar.com/articles/2005/03/21/legislature/doc42238b4a0de22074702769.txt. Retrieved on 2006-05-24. 
  34. ^ Ernie Chambers and Tom Osborne (July 1, 2004). "Damage from casinos would be long lasting (PDF)". http://www.gamblingwiththegoodlife.com/P16.pdf. Retrieved on 2006-05-24. 
  35. ^ Lincoln Journal Star (April 6, 2004). "Ethanol fund gap divides senators". http://www.journalstar.com/articles/2004/04/06/local/10047756.txt. Retrieved on 2006-05-24. 
  36. ^ Lincoln Journal Star (2006-04-12). "Bill that would aid Lincoln arena is dead". http://www.journalstar.com/articles/2006/04/12/local/doc443d2ef00635b322736587.txt. Retrieved on 2006-05-24. 
  37. ^ (nd) Chambers Court: Building to receive millions in renovations. WOWT.com. Retrieved 6/4/07.

[edit] External links

Preceded by
George Althouse		 Nebraska state senator-district 11
1971-2008		 Succeeded by
Brenda Council
Retrieved from "http://en.wikipedia.org/wiki/Ernie_Chambers"
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