Monthly Archives: July 2021

Consider Your Victims

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We are probably all born with a certain focus on our own needs. The first job of a baby is to survive, but ideally, we learn from parents, especially, but also from others around us that somebody else cares and takes care of us when we most need the help. With any luck, we learn to extend that same concern from ourselves to others, and as we grow, we learn how we can support and cooperate with our fellow human beings. Empathy must be taught, and not everyone learns, or learns well.

I would like to believe that this article will reach someone and cause them to think about any potential victims of their actions. Maybe it will, but I also doubt that the most violent among us are reading my blog. I have good reason to suspect that my content over the past eight years, while apparently attracting more than 31,000 subscribers, has not provided much raw meat for those who feel the need to attack others to get what they want. They may not read much at all. But I can hope.

But I must wonder sometimes whether perpetrators of violent crimes, especially those involving theft, give much consideration to their victims. The overwhelming majority of victims of violence mean something to someone. In some cases, they may have networks of friends upon whom they are positive influences. They may be positive assets for local communities, whether those be neighborhoods, religious congregations, schools, or extended families. They mean something to other people, and the community will be weaker without them.

Or do their attackers just see them as vulnerable prey, much as a bobcat might view a rodent when the cat is hungry?

I keep wondering about one such recent victim in Chicago. We have plenty of victims in Chicago, often of gun violence, though in this case no gun was involved. His car was the object of desire, and a 73-year-old man, moving slowly, became the target of an attempted carjacking. The two youths hit him in the head, then pushed him in the chest, and he died of a heart attack. Two young men, 18 and 17, now face serious charges and may end up sacrificing many years of their lives in prison. Their future looks bleak.

Keith Cooper at a 5K “Ditch the Weight & Guns” walk & run in Chicago’s Englewood neighborhood. Photo provided by Keinika Carlton.

Keith Cooper, the victim, was a member of Augustana Lutheran Church, to which I belong, and a vital, active part of the Hyde Park neighborhood that surrounds it. He was a proud Marine Corps veteran, having joined in 1968 at age 21 and served in Vietnam. When you needed a volunteer, he was likely to be there.

Keith with daughter Keinika, her husband Curtis Carlton, and granddaughters Alyna and Mikayla. Photo provided by Keinika Carlton.

“He just loved to help,” his daughter, Keinika, says. “He was a community-based individual.” When she was growing up, she recalls, he taught his children that “you can’t complain if you don’t do anything.” Ever seeking to mentor those he loved, he brought granddaughter Mikayla, now 11, to Sunday school when he came to church. Keinika said he joined Augustana about ten years ago. He was, however, already familiar with the church from growing up in the neighborhood near 54th and Kimbark on Chicago’s South Side.

But it was more than growing up near the church. Keith told the current pastor, the Rev. Nancy Goede, that he had been baptized there as a child. Keinika had Sunday school attendance slips from 1959, when he was 12. Later, as a teen, he served as an acolyte. He drifted away in his teens, but returned as a mature adult. In recent years, I often served with him as an usher.

Keith Cooper with daughter Keinika. Photo provided by Keinika Carlton.

He joined the church shortly after two heart surgeries that were necessitated by a torn aorta and involved heart valve replacement. Keinika describes her time in the waiting room as “nerve wracking.” Her father underwent rehab to rebuild his body. For this very reason, she says, when she learned of the nature of the attack the day it occurred, she knew why his heart failed. She knew, she says, that he would not survive.

That is, however, part of the problem with random victimization of an old man the attackers never knew. It probably never occurred to them that their physical assault could result in death. They knew nothing of this personal history, or why he seemed to be moving slowly, if that was their perception, but now they own the consequences. As Judge Charles S. Beach II said in addressing Frank Harris, the 18-year-old, as they were charged in court with murder, “To say that it’s painful for me is an understatement—because anytime that I see a young man such as you before me with such a terrible thing on their shoulders, it’s painful for us and society and just about everyone.”

As Keinika asked during an interview with me last week, “Did you all even think this through?”

Kimbark Plaza at E. 53rd St. and Kimbark in Chicago’s Hyde Park neighborhood.

What is stunning about the entire incident is that it occurred in broad daylight in a busy commercial strip, Kimbark Plaza. It occurred roughly between 12:30 and 12:40 p.m. in a crowded parking lot, with numerous surveillance cameras. There were reportedly dozens of witnesses in nearby stores, many of whom came out, including an off-duty paramedic who tried to revive him as he lay on the ground, unresponsive, until police arrived. Sadly, he was already dead when an ambulance brought him to nearby University of Chicago Hospital. He had been at Kimbark Plaza to run errands. He often shopped for groceries at Hyde Park Produce.

Meanwhile, having failed to open the car, a Hyundai Santa Fe SUV, the two young men fled but were identified and arrested by police about a half-mile away, trying to change clothes in a synagogue courtyard. Harris was about to become a senior in high school, but the two had some prior arrests, including other carjackings in May and last December.

Keith will be sorely missed by those who knew him—and there were plenty who did. As the Hyde Park Jazz Festival grew as an area attraction each summer, it was Keith who helped arrange for some artists to perform at Augustana. When volunteers were needed to park cars for events like the Jazz Fest or the 57th St. Arts Fair, earning parking fees to support the church, it was most often Keith who could be found collecting the fees and directing people to available spaces. For his 74th birthday, which would have occurred July 22, his Facebook request was to raise $500 for his beloved church. My wife attended one of his AARP-sponsored driver skills refresher courses at the church for seniors who could then get small discounts on their car insurance. Keith was the host. Keinika says he was involved in a recent Juneteenth festival. I could go on, but you get the idea. Church, school, neighborhood, the city of Chicago, he loved them all and supported them all.

From years of passing conversations with him, I gathered the impression that part of his motivation may have come from his own struggles. At one point earlier in his life, he was briefly homeless. He knew what that felt like and gladly assisted with a monthly community breakfast for disadvantaged people. Bill Tompsett, a retired attorney and long-time member of Augustana, says he helped by greeting people as they arrived, but when he was missing for a few weeks, Keith asked him why. Bill explained that he had hurt his back and could not stand for two hours to greet people. Keith assured him that he could still greet people sitting down, and he resumed his duties. Little things like that mattered. Keith did several jobs in his life, including driving trucks and selling jewelry and books. His daughter told reporters he had “tons of books,” among which he particularly liked black history and science fiction. In retirement, he was driving a Lyft car to earn extra money. Keith knew from personal experience that there are many people struggling to survive in our community, and he sought to help where he could.

It is noteworthy that more than 100 people gathered at Kimbark Plaza on Friday evening, July 16, two days after Keith died, to honor his life and offer prayers, holding candles while West African drums were played.

“Talking drums” performing at the visitation for Keith Cooper, July 24, 2021.

Those “talking drums” were also present a week later, on Saturday, July 24, for a visitation in the Augustana fellowship hall, at which members of the U.S. Marine Corps also presented a flag to honor his service. Dozens of participants in the event responded to Keinika by offering one-word descriptions of Keith such as “kindness” and “commitment.” Two days later, following a moving funeral service, his ashes were interred in the memorial garden outside the fellowship hall, where he joined other saints who preceded him.

Augustana’s memorial garden

The city of Chicago and Hyde Park lost a valuable, generous, and committed citizen because, once again and too often, some people, too often too young, chose a path in which they failed to consider who their victim might be, what he meant to those around him, and what they took from their community as a result. It was all very sad, and I kept thinking during the funeral, all very unnecessary.

Jim Schwab

Like Water Flowing Downhill

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The Major League Baseball team long known as the Cleveland Indians will rename itself at the end of this season as the Cleveland Guardians. The change will surely draw criticism from traditionalists, but it is long overdue. The logo is outrageously racist and derogatory. The name could conceivably be neutral in intent if it honored Native Americans, but the logo has always belied any supposed good intentions. Conservative fans in Ohio long defended the name and the logo, but time is up, and it is just as well. The image has worn out its welcome.

In my college days at Cleveland State University, I recall the American Indian Movement challenging reenactments of Cleveland founder Moses Cleaveland landing on the shores of the Cuyahoga River in 1796. A few years later, a friend of mine, Legal Aid lawyer Joseph Meissner, was suing on behalf of American Indian clients who claimed the name and logo were racist in intent. The lawsuit was undoubtedly ahead of its time, but Joe had a way of making a point. One day, he had a variety of posterboards in his office, done by a local artist, depicting various minorities in the same manner as Chief Wahoo, with names like the “Cleveland Negroes” and “Cleveland Italians,” among others I no longer recall. His point was that, if these other logos seemed offensive (and believe me, they were), then why was it any more tolerable to accept the Chief Wahoo logo for the Cleveland Indians? To this day, there has never been a good answer for that question.

But I know many Cleveland fans will be annoyed or angry. For years, relatives of mine argued with me in defense of the team when I said it was a matter of time before they would have to confront the reality of what the name and logo represented and accept change. I am not picking on them by saying that. Their reactions were quite typical, and part of that was a natural defensiveness about a city that had suffered depopulation, industrial decline, job losses, and the embarrassments of past mayors Ralph Perk and Dennis Kucinich in the 1970s. For my part, I moved to Iowa in January 1979, so I guess I was a turncoat in the eyes of some, but lots of people find new paths in life. It’s just that in Cleveland, every departure felt like another blow to the city’s pride.

Progressive Field in 2019

Gradually, the city adjusted to its setbacks of that era, grew a large medical services industry, bult a new stadium for its baseball team, replacing the cavernous Municipal Stadium (where a new Cleveland Browns stadium now sits on the lakefront), and cleaned up its once badly polluted river. Cleveland State and other universities grew to serve the city and the region. The Cuyahoga Valley became the site of a national park. As an urban planner, I might add that there is some good planning happening in the region. Although the Cleveland Indians lost the World Series in the tenth inning of the seventh game in 2016 to the Chicago Cubs, the Cleveland Cavaliers, with the incredible efforts of LeBron James, won the NBA title over the Golden State Warriors. So, there’s all that.

Cleveland’s Rock n Roll Museum on the Lake Erie waterfront, one of the city’s huge tourism attractions

In a brilliant way, the new name, Guardians, is a perfect fit for this mindset. It allows this defensive posture regarding a historically great American city to become a positive virtue, as protectors of its civic virtue and community reputation. Clinging to the moniker of Indians, especially with Chief Wahoo as a mascot, could never do that. It would merely ensure the need to defend a highly questionable tradition. Instead, fans can shift their attention to protecting and promoting the city’s future.

But back to the name change. Long ago, when I was in Iowa City as a graduate student, Pastor Roy Wingate of Gloria Dei Lutheran Church once commented in a small group conversation over lunch that, “Much prophecy is little more than knowing that water flows downhill,” which is to say that prophets often are simply observing what others refuse to see. (In a more literal sense, this point was not lost on me later as a planner involved in disaster recovery and hazard mitigation talking to people about floods.)

My occasional debates with Cleveland friends and relatives about the eventual demise of the Cleveland Indians logo was little more than Rev. Wingate’s observation about prophecy. Water flows downhill. Changing a racist logo was just a matter of time, and finally, the ownership of the team has recognized that the waters of justice have overflown the utility of calling a team the “Cleveland Indians.”

It was never if, but when. The time has come.

Jim Schwab

Private Costs of Disaster Prevention

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Champlain Towers collapse. photo from Wikipedia

The recent collapse of the Champlain Towers in Surfside, Florida, has cast a spotlight on numerous issues concerning building maintenance, private and public decision-making processes, potential (but highly uncertain) corrosive impacts of sea level rise, and even the continuing exposure of rescue workers to COVID-19, in addition to environmental and occupational hazards. That is all in addition to the governance questions surrounding condominium boards, given the news of past debates about deferred but expensive maintenance once consultants revealed structural deterioration in the 12-story complex.

I wish to be clear about my purpose in writing this post. As an urban planner and researcher, I have doggedly sought to focus on known facts and accurate assessments of hazardous situations of any type. Sometimes, the truth is clear enough. In others, it is wise to withhold judgment while raising questions that deserve thoughtful answers. In this instance, there are so many aspects to the story of the condo building collapse that caution is the appropriate approach because new facts seem to emerge daily. One question—why the North Tower did not collapse while the South Tower did—may compel further inquiry on the role of condo boards in driving decisions about investing in maintenance before catastrophe strikes, but further investigation may reveal many nuances to that story as well. Complete answers are not always simple or obvious.

I have no intention of rushing to judgment on the tragedy in Surfside. But I do wish to focus on one issue that I know is endemic to housing development on a nationwide basis: the roles and responsibilities of homeowners associations (HOA) for managing and maintaining property. Condo boards are one specific subset of HOAs, based on the nature of the buildings. But the issues are not limited to such buildings; they can easily affect the management of townhouse developments and gated subdivisions as well.

Five years ago, when the American Planning Association (APA) and the Association of State Floodplain Managers (ASFPM) collaborated to produce a Planning Advisory Service Report, Subdivision Design and Flood Hazard Areas, we confronted one ticklish issue that concerned us greatly, albeit with regard to flood (and some other natural) hazards rather than structural integrity of tall buildings. The underlying issue, however, dealt with the capacity of privately governed homeowner associations to manage, finance, and maintain hazard mitigation infrastructure over time. Of course, one can easily broaden the definition of such infrastructure to include structural integrity repairs in a situation where buildings can potentially collapse, just as it might include the need to maintain the structural integrity of bridges to prevent such tragedies as the collapse of the I-35 bridge over the Mississippi River in the Twin Cities in 2007. There is considerable room for flexibility in defining the issue so long as the focus remains on public safety.

Our concern at the time was the potential for a financially challenged homeowners association or special district to fail to maintain critical infrastructure before a natural disaster leads to catastrophic failure, whether because of flood, landslide, earthquake, or wildfire, among other possibilities. Chad Berginnis, the executive director of ASFPM, alerted us to an article published by two lawyers involved in owner association litigation in California, Tyler Berding and Stephen Weil. They offered several examples of such situations including Bethel Island, which sits in the Sacramento Delta and includes about 2,500 residents whose homes are protected by more than 11 miles of levees that

USGS photo of Sacramento-San Joaquin Delta in California

circle the island, just 12 miles from the Greenville Fault. Throughout the Sacramento-San Joaquin Delta, the potential cascading impact of an earthquake triggering massive flooding with failed levees is a nightmare of major proportions. However, residents had defeated a proposed parcel tax to finance improvements through the Bethel Island Municipal Improvement District (BIMID), leaving the district broke and laying off staff. Berding and Weill offered a series of suggestions for better planning and management of these situations.

Whether the case involves a special district like BIMID or special assessments imposed by an owner association board, the issue is the local or private responsibility for financing and maintaining the protective infrastructure to avert such tragedies. Disasters are almost never solely a function of natural forces affecting human communities. They are also a function of the location, condition, and resilience of those communities, and the greater the exposure, the greater is likely to be the long-term cost of restoring that resilience over time to prevent catastrophic loss. In many cases involving floods, landslides, or earthquakes, insurance may be unavailable or financially problematic. The ultimate result can be a bankrupt association and property owners who cannot recover their losses, let alone rebuild, yielding a combination not only of loss of life and property, but of financial calamity as well.

Pad-mounted Transformer in a floodplain not elevated. Photo by Chad Berginnis from PAS Report, used with his permission.

In the report, we sought in several ways to address the issues posed by these dilemmas. We noted, for instance, that as of 2016, the Community Associations Institute reported that 66.7 million people, about 20 percent of the U.S. population, lived in some 333,600 common-interest communities, 55 percent of which were homeowners associations, the rest either condominium or other community associations. One result is the transfer of responsibility for infrastructure within a subdivision from the municipality permitting it to the HOA itself. The long-term problem is that association leadership not only changes over time but often lacks expertise pertaining to the significant risks and responsibilities involved. We suggested that local planning and other agencies extend technical assistance to overcome this gap. This gap, however, remains a serious problem in many communities. When disaster strikes, the idea of having shifted responsibility will become transparently short-sighted because the city or county will be providing emergency response and assistance, just as is happening in Surfside. It is impossible to ignore a disaster.

We noted that many such associations assume responsibility for stormwater infrastructure, such as detention ponds, seawalls, and levees, or even private dams. If they fall into disrepair, the flooding consequences can be severe, so provisions for inspection and maintenance are critical. It is vital for such association boards to understand, for instance, that levees are never totally flood-proof and failure can have various causes. Privately built and owned levees exist across the nation, many in poor condition, according to the American Society of Civil Engineers.

In short, these owner associations have assumed responsibility for some key areas of local flood risk management, including ponds, spillways, erosion and sediment control, flood control structural repairs, drainage improvements, managing vegetation that reduces flood risk, bridge maintenance, and open space management, among other possibilities. Given the potential financial and expertise limitations of these private associations, it may be incumbent upon local governments, in approving development, to assert some degree of control over the standards for approval, for which we offered several major recommendations for requirements related to maintenance costs and final plat approval.

There is, in the end, no perfect way to ensure adequate protection against disaster, but we were hoping to raise the level of concern and discussion, and attention to detail, in the relationships between local governments and owner associations as a way to avert tragedy and financial meltdown following disaster. It is not my intent here to explore the issue in depth but to introduce readers to the depth of the questions that these situations entail. Those wishing to learn more can follow the links to additional resources.

Jim Schwab