1. Ignoring Minority Children: The State’s Failure to Respond to Lead Paint Poisoning A Matter of Racial Justice

2. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: 1907: “Meantime, remember that the Dutch Boy Painter on the side of a keg is your guaranty that Pure White Lead will be found within.” Lead was not ADDED to paint. People were told to paint WITH lead. Linseed Oil was added to PURE LEAD, sold in kegs, so that it could be applied to walls.

3. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Later, wooden kegs were replaced with metal pails, or buckets of lead:

4. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: For metal surfaces, “RED LEAD” was used:

5. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: 1926: Comic coloring books for children were used to encourage kids to make sure their parents used pure lead.

6. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Children were told to make sure their dog houses and bicycles were protected from the sun, rain and wind by pure lead:

7. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: The comics even contained “tear out” coupons for the parents:

8. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: 1941: Giving in to “modern” trends, Dutch Boy and others offered “pre- mixed” paint – BUT IT WAS STILL PURE LEAD:

9. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Right through the forties and fifties, pure lead was sold in tins for painting:

10. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Decades later, is lead paint finally disappearing as a hazard to children?

11. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: The NYS Department of Health reports suggest that by 2010, lead poisoning in New York State will virtually be ended:

12. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice:

13. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: The state says that by 2010, the incidence rate will drop well below 2%. But that’s the STATEWIDE estimate! In many urban neighborhoods the incidence rate for lead poisoning remains well over 15% to 20% and in some cases well over 25% to 30%

14. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Out of nearly 1700 zip codes in all of New York, Only 36 Zip Codes accounted for over 41% of incidents of lead poisoning.

15. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice:

16. Empire Justice Center Percent of the upstate population in these 36 zip codes 6.8% Total population (all ages): 8.0% Under age 5, entire population 27.6% Total Black population (all ages) 33.3% Black under Age 5 9.2% Total Latino population (all ages) 12.3% Latino Under Age 5 4.6% Total White, not Hispanic, population (all ages) 3.9% White, Non-Hispanic, Under Age 5 Compare the percentages of Minority to Non-Minority children that live in these high risk Zip Codes:

17. Empire Justice Center Percentage of upstate NY children under Age 5 living in these high-risk 36 zip codes 33.3% of all Black children 12.3 % of all Latino children 3.9% of all White, Non- Hispanic children Compare the Percentages of Minority to Non-Minority children that Live in High Risk Areas:

18. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Twenty-five of those 36 high risk Zip Codes are in only four cities:  Buffalo  Rochester  Syracuse  Albany

19. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Out of the 36 high risk zip codes nine were in Buffalo ; six were in Rochester ; five were in Syracuse ; and five were in Albany.

20. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: These 36 high-risk zip codes are home to: over 91% of the Black children under age 5 living in the city of Buffalo; over 87% of those in Albany; nearly 80% of those in Rochester,and over 65 % of those in Syracuse.

21. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: For Latino children, these 36 high-risk zip codes are home to: 64% of the Latino children under age 5 living in the city of Buffalo; 85% of those in Albany; 78% of those in Rochester,and 80 % of those in Syracuse.

22. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Almost unbelievably, over 33% of ALL of the Black children under age five (outside of New York City) lived in one of the 36 high risk zip codes

23. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Why should these disparities be of particular concern to Latinos living in Rochester? Over 31% of all of the Latinos who live in the 36 High Risk Zip Codes in the state live in the City of Rochester Nearly 78% of the Latino children under age 5 who live in Rochester live in a high risk zip code.

24. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: No one wants to inspect 7 million housing units in New York State, but WE DON’T HAVE TO! We can TARGET housing inspections to the high risk areas where the hazards are. When we fail to inspect housing in these areas for lead hazards, it is minority children who are most directly affected.

25. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: In 2006 the City of Rochester began the first, highly targeted “Primary Prevention” plan for housing inspections in upstate New York. The Rochester approach is designed to find lead hazards in housing BEFORE a child is poisoned by lead. Incidents of lead poisoning in Rochester appear to be dropping dramatically.

26. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: We know what we have to do; We know how to do it. Wouldn’t both the Public and the Legislature DEMAND housing inspections if the STATEWIDE poisoning rate for all children was as high as it is for the children living in HIGH RISK AREAS?

27. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: Assemblyman Gantt and Senator Robach have offered legislation that would: Require the state to identify the TOP 30 high risk areas; Require those communities to adopt Primary Prevention Plans; Provide better information to the public about where the risks are; Offer tax credits for owners. Senator Perkins and Assemblywoman Peoples have an even stronger bill.

28. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice:... state officials can already act WITHOUT ANY NEW LEGISLATION. They can -- designate “Areas of High Risk” under the state Public Health Law, and authorize local building inspectors to cite violations.

29. Empire Justice Center Failing to Address Lead Paint Poisoning in New York State – A Matter of Racial Justice: ADDITIONALLY, WE NEED TO: OBTAIN A COMMITMENT FROM STATE HEALTH OFFICIALS TO CARRY OUT A SUFFICIENTLY FUNDED AND STAFFED PRIMARY PREVENTION INSPECTION PROGRAM IN ALL OF THE IDENTIFIED HIGH RISK AREAS (i.e. expand the “pilot” program); OBTAIN A COMMITMENT FROM STATE HEALTH OFFICIALS TO PROVIDE CURRENT DATA ON AN ONGOING BASIS, SHOWING THE NUMBERS OF CHILDREN WITH ELEVATED BLOOD LEVELS; OBTAIN A COMMITMENT FROM STATE AND LOCAL OFFICIALS TO PROVIDE INFORMATION ON THE NUMBERS OF UNITS BEING INSPECTED BY CENSUS BLOCK GROUPS OR TRACTS (NOT ZIP CODES); MAKE SURE THE DATA IS READILY AVAILABLE ON AN ONGOING BASIS; MAKE SURE THE DATA IS BROKEN DOWN BY RACE AND ETHNICITY

30. Empire Justice Center For more information, see the article: “A Matter of Racial Justice: The Alarming Disparities of Lead Poisoning Rates in New York State,” in the January/February issue (Vol. 17, No. 1) of “Poverty and Race,” the monthly journal of the Poverty and Race Research Action Council, available at: http://prrac.org/news.php Or contact: Michael L. Hanley Senior Attorney Empire Justice Center 1 West Main St., Suite 200 Rochester, N.Y. 14604 (585) 295-5723

31. Ignoring Minority Children: The State’s Failure to Respond to Lead Paint Poisoning A Matter of Racial Justice