By Faith Fistler for Kent State NewsLab.
Broadcast version by Nadia Ramlagan.

The first time Tyana Barton was singled out because of her hair was when she was told to straighten it before a dance recital.

"That was like the first time in maybe 10 years I've ever had to straighten my hair. So I was like, distraught about that," Barton said. "And everybody was just like, 'it's not that serious'. And I'm like, 'it is, though. It is.'"

At the predominantly white studio in Dayton, Barton's instructor wanted all the dancers to look the same for a particular performance. Barton, being the only Black dancer, was asked to straighten her afro-textured hair to comply.

"I'm looking at all of these other girls with long hair, and it's just like perfectly straight. And then I'm having to go over my hair several times with the straightener just to get it to any form. It made me super emotional," said Barton, who is now a fashion merchandising student at Kent State University.

In Ohio, there is no statewide legal protection against hair-based discrimination from employers and schools. Individuals can be told to change their afros, braids, dreadlocks and twists or denied employment opportunities if it does not align with dress code standards.

The Creating a Respectful and Open World for Natural Hair Act, otherwise known as the CROWN Act, would provide statutory protection for individuals discriminated against for wearing protective hairstyles unique to Black culture.

Rep. Juanita Brent (D-Cleveland) has been trying to get the act off the house floor since 2020. In 2023, she reintroduced House Bill 178 for the third time, now with bipartisan support from republican Rep. Jamie Callender (R-Concord).

"This is my life story. My hair may be straight now, but most times my hair is in braids," Brent said. "And I just think it's crazy that there are people who are being removed from classrooms, who are not allowed to participate in sports events and are being removed from job opportunities because they're choosing to have their hair in braids and afros."

The legislation has already passed in cities such as Columbus, Akron, Cincinnati and Cleveland Heights.

"There are so many places where discrimination is occurring. So sometimes it takes a lot longer to do it in every city, and every community," she said. "Sometimes people don't realize the need for it until it happens to your neighbor, your grandchild, it happens to yourself."

The Ohio Chamber of Commerce has testified against H.B. 178, arguing that it "increases civil liability for employers, limits at-will employment in our state, and hampers the ability for businesses to set their own workplace policies."

Kevin Shimp, who testified on behalf of the Chamber, did not respond to interview requests.

The legislation is currently with the House Civil Justice Committee and has until December 2024 to pass.

"Controlling people's hair is almost like putting people in their place and saying you don't belong here," Brent said.

The history of what is considered an acceptable presentation of Black hair in the United States dates back to slavery when European aesthetics became the standard, said Mwatabu Okantah, department chair and professor of Africana Studies at Kent State University.

"On the one hand, many of our people have just ignored it and have lived according to our own aesthetic values, even within the context of being here in the United States," Okantah said. "Then, others of our people have internalized it and have struggled with extremely negative perceptions of ourselves, seeing ourselves the way white society sees us."

Black people's response to the European aesthetic has gone through cycles of assimilating to the social norm to embracing natural hairstyles in spite of it. Okantah said the cultural shift in recent years could be attributed to changing attitudes and Black people holding more positions of power.

"Enough of us now are scholars, mental health professionals, lawyers, and politicians. And so we have more tools to take that back. So I think the CROWN Act came out of that," he said.

The CROWN Act was introduced in California in 2019. It is now law in around two dozen states. The House of Representatives approved the CROWN Act in 2022, but the Senate did not.

Wendy Greene, a professor at Drexel University Thomas R. Kline School of Law and founder of #FreetheHair, has served as an advisor since the CROWN Act was conceived and has found the experience "rewarding".

"It's been really great to be able to see how this legislation is empowering young people to be advocates, young people to express their racial and cultural identities freely in their schools and their workplaces," Greene said. "And to see in turn, how people are using this legislation to educate and enrich others who may not really be familiar with this kind of discrimination because it's not their experience."

While the legislation will not end racial discrimination, the CROWN Act means employers could be found financially responsible for an individual's loss of job opportunity and emotional or psychological damage, Greene said.

"The major legal obligation is to just to stop engaging in the discrimination in and of itself," she said.


Faith Fistler wrote this article for Kent State News Lab. This collaboration is produced in association with Media in the Public Interest and funded in part by the George Gund Foundation.


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In a blow to free speech and the right to assemble, the U.S. Supreme Court recently declined to hear a case involving the rights of protest organizers in Mississippi, Louisiana and Texas.

McKesson v. Doe stemmed from protests over the 2016 police killing of Alton Sterling in Baton Rouge, Louisiana. A protest organizer faced charges after a police officer was injured by the actions of an unknown protester.

Cicley Gay, board chairwoman of the Black Lives Matter Global Network Foundation, said an opinion by the Fifth Circuit now stands, allowing an organizer to be held liable for the individual actions of others at a protest based on negligence.

"This case without question infringes upon all of our First Amendment rights," Gay contended. "It's incumbent upon us to reject its premise and its intention, which is, frankly, to scare champions of justice and organizers away from mass protest."

The Fifth Circuit covers Mississippi, Louisiana and Texas, and Gay noted the First Amendment still protects the right to assembly. Black Lives Matter protests have attracted diverse groups of people and a Harvard study shows 26 million participated in protests in 2020.

Protesting at college campuses across the country has been on the rise, with students complaining law enforcement involvement has made matters worse. Gay argued it is important for Mississippians to remember Martin Luther King Jr. and understand protest is at the core of every successful social movement in this country.

"We want our young people to be able to continue to raise their voices," Gay emphasized. "Oftentimes, protest is not pretty. It is intended to disrupt. And as long as people are doing it peacefully, they should be entitled to do so."

Gay stressed the Fifth Circuit decision essentially eliminates the right to organize a mass protest because organizers could be held financially liable if even one protester commits an illegal act.

A new statue at the U.S. Capitol honors Arkansas civil rights activist Daisy Gatson Bates.

The eight foot bronze statue is in the National Statuary Hall.

Bates has a newspaper in her arm, is holding a notebook and a pen, and is wearing a National Association for the Advancement of Colored People stick pin.

She and her husband owned and operated the Arkansas Weekly newspaper - that was devoted solely to telling the stories of the Civil Rights Movement.

Current president of the Arkansas NAACP Barry Jefferson said Bates is best known for her work with the Little Rock Nine - the students who integrated Arkansas public schools in 1957.

"When they was desegregating Little Rock Central High school," said Jefferson, "she stood and fought for that and stood with them and walked them in every single day."

After working with the Little Rock Nine Bates continued to fight for Civil Rights and was a speaker at the March on Washington in 1963.

She was president of the Arkansas NAACP from 1952 to 1961.

Each state can place two sculptures in the Statuary Hall. The Bates statue replaces one of a little-known 19th century Arkansas resident.

The decision to honor Bates had bipartisan support. Jefferson said the move is a sign that Arkansas is evolving.

"It's saying that we're trying to move in the right direction, and rewrite the wrongs that have happened for the state of Arkansas for Black people," said Jefferson, "by presenting her statue at the National Capitol to show that - hey, Arkansas is trying to grow, Arkansas is trying to move forward."

The third Monday in February is Daisy Gatson Bates day in Arkansas. She died in 1999 and was posthumously awarded the Medal of Freedom.





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The American Civil Liberties Union of Texas says it is monitoring protests at college campuses, after almost 60 students protesting the Israeli-Palestinian conflict were arrested during a demonstration at the University of Texas in Austin.

State troopers on horses and in riot gear were called in to control the crowd. ACLU Staff Attorney Brian Klosterboer said students planning to participate in peaceful protests should know their rights.

"We encourage everyone to follow the guidance of law enforcement even if they believe that law enforcement might be violating their First Amendment or constitutional rights," said Klosterboer. "It's important that people try to stay safe. Remember, they also have a right to remain silent. You can ask if you are free to leave."

Charges were dropped against the protesters in Austin. Students also held a sit-in at the University of Texas in Dallas and a walkout was held at the University of Texas in Arlington.

Following the arrests of the protesters, Texas Gov. Greg Abbott said on the social media platform X that the students belonged in jail, and accused them of hate speech.

Klosterboer said when state officials attack free speech, they undermine the core of democracy.

"Texas public universities were specifically designated by Gov. Abbott as traditional public forums," said Klosterboer. "That's where students and others who are engaging in any kind of speech, whether it's passing out Bibles and religious literature or engaging in protests for human rights. That's where free speech is at its apex."

He added that if someone feels their civil liberties have been violated, they can file a complaint on the ACLU website.

The demonstrations in Texas are part of nationwide protests calling for a ceasefire between the Israeli forces and Hamas.





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