Black farmers get second chance at 1999 settlement

By Patrick Johnston

Published: June 30, 2008

Black farmers from southeast Alabama and southwest Georgia came to the Eufaula City Auditorium last week to learn how they could file claims for discrimination that occurred at least 10 years ago.
Eufaula native and Birmingham attorney Lew Garrison discussed a provision in the recently enacted federal farm bill that will allow some farmers who were denied assistance from the United States Department of Agriculture because of their race to seek claims that could total $50,000. Between 1981 and 1996, thousands of black farmers were unfairly denied loans and other assistance because of their race.
According to an article that appeared last month in the Clarion-Ledger (Jackson, Miss.), “The Environmental Working Group found a growing gap between USDA payments received by black farmers compared with all other farmers. In 1995, black farmers averaged $1,841 in federal payments compared with $4,066 for all other farmers. In 2005, black farmers received $4,291 compared with $13,846 for other farmers.”
A USDA representative told the newspaper he did not know if those numbers were accurate.
A settlement was reached between the farmers and the USDA in 1999, but many farmers did not learn about the settlement until the deadline to take part had passed.
“I dare say most of you didn’t even know the settlement was going on,” Garrison said before a large audience of farmers Friday evening.
While 15,000 farmers across the United States averaged receiving $50,000 each from the settlement, at least four times as many farmers filed late and were not eligible, or never filed.
But Garrison said that the farm bill passed by the U.S. Congress last month gives many farmers another chance to file claims. Farmers currently eligible must have filed late (between October 1999 and September 2000) and met other criteria required for the 1999 settlement.
Garrison said Rep. Artur Davis, a Democrat from Alabama, and Sen. Barack Obama both played important roles in making sure black farmers would have another chance to seek claims. He added that the farm bill survived a veto from President Bush.
“The doors have been opened again for those who were late filers to get their date in court,” Garrison said. “Most everybody gets a second bite at the apple here.”
More than 60,000 late filers were rejected in 2000, according to Garrison.
Several local law firms are joining Garrison’s firm Heninger, Garrison and Davis in representing local farmers, including Rutland & Jankiewicz, Walter B. Calton and Calton & Calton. They are offering to represent other farmers who did not file a claim several years ago, though their chances of receiving a settlement are not as good at this moment, Garrison warned.
Local attorney Michael Rutland urged those in attendance Friday to fill out the necessary paperwork as soon as possible.
“This is really critical right now,” he said. “The sooner we get it, the better.”
Jim Calton of Calton & Calton added that the passage of the farm bill is good news for the farmers.
“Now that the new law passed just a month ago, we know what the game plan is,” he said.