Broad nosed faces

My Grandfather and I in Castro Valley, California, 1996

Photo Credit: Veija Kusama

“広い鼻” (hiroi hana) he would tell me, tapping the slope of my nose with the calloused pad of his forefinger.

“アイヌ” (Ainu).

His tone was always reticent. Rooted in the belly of history, in the timbre of family and tradition. Laced with something bitter, a tinge darker. Not quite manifested as shame, never quite asserted as pride. I did not know what Ainu was. What it meant for me and my broad nose. Nor did I ask. Somehow, I knew not to.

Ainu Chieftan

Photo Credit: Midnight Believer

A human being

The name Ainu literally translates to ‘a human being’, traditionally contrasted with kamuy, or ‘divine beings'. Historically residing primarily in the Hokkaidō, Sakhalin, and Kuril Islands, the Ainu are believed to be descendants of the ancient Jōmon culture, which dates back over 10,000 years. Beginning in the 9th Century, Ainu communities began to fall to Japanese subjugation and by the 18th Century they were the target of concerted forced assimilation policies.

Throughout the Meiji Restoration of the 19th Century, Emperor Mutsuhito forced the Ainu peoples off their land, disrupting their relationships with their spiritual heartlands, and terminating their traditional ways of life. As Bri Lambright of Ursinus University notes:

"Ainu land was stolen, and small plots were returned with the express purpose of farming. With traditional hunting practices banned in order to allow Japanese manufacturers to capitalize on exporting deer meat and hides to the mainland, the Ainu were left with little option but to adhere to the government’s plans, lest they face starvation and burial beneath the waves of Japanese settlers who could readily take the community’s place."

Faced with an impossible choice, the Ainu were blamed for the predicament in which they found themselves, as evidenced by letters exchanged between the Nemuro and Naimushō Prefectures dated November of 1882:

“They have brought this difficulty upon themselves since they lack the spirit of activity and progress. In their society in the past there was nothing they needed to record through writing, no stimulus to develop their knowledge through learning; when thirsty they drank, when hungry they ate. They are a purely primitive people.”

Google Translation Screenshot - Ainu

Barbarian, savage, vandal

As the hallowed halls of Edo were devising the extinction of the living, a rising consortium of scientists began to covet the currency of the dead. As Noah Oskaw writes in his piece for Unseen Japan:

"The impetus for the veritable grave plundering of Ainu bones was ostensibly scientific: the desire by Japanese researchers to learn more about the physical and, later, genetic make-up of the indigenous ethnic minorities native to Japan’s northern borders… In both 1864 and 1865, mere years before the fall of the Tokugawa dynasty, the British consul in Hakodate led a group of foreigners interested in uncovering the mystery of the Ainu’s 'Caucasian' features to secretly raid Ainu gravesites… Most infamous of the grave robbers was Hokkaido University Professor Kodama Sakuzaemon, who led various state-sanctioned raids into local boneyards throughout the 1920s to 1970s – all against Ainu protests - sometimes police were called in to help hold off Ainu from physically preventing the unearthing of their ancestors."

Final resting places rendered temporary. Ancestors dragged to lay upon steel tables. Loved ones etched by the scalpels of foreign hands. For nearly one hundred years, the people of Ainu waited.

Interior of an Ainu Home in Yezo, 1906

Photo Credit: Snapshots of the Past

Homecoming

In 2012, a cohort of Ainu elders banded together to achieve the return of their ancestors. Banding together under the slogan, ‘Return the Ainu Remains to the Soil of the Ainu Kotan’, they brought suit against Hokkaidō University demanding repatriation. Mounting political pressures, further exacerbated by Japan’s recent ratification of the United Nations Declaration on the Rights of Indigenous Peoples, which includes a provision requiring governments to work for the return of indigenous people's remains, resulted in a historic 2016 settlement. The case was the first legal domino of its kind, and a chain reaction of “small but significant” repatriations have followed.

In July of 2007 the Berliner Gesellschaft fur Anthropologie returned a skull stolen from an Ainu cemetery in Sapporo by a German tourist in 1879. In May of 2023, a set of four skulls were returned from Melbourne, following their 1911 exploitation by a pair of anthropological pen-pals: a prewar exchange by which the National Museum of Australia sent Aboriginal skeletal remains to the University of Tokyo in return for Ainu skeletal material. And next month, officials from the Japanese government will travel to Britain to receive the remains of five Ainu previously housed at the National History Museum in London and the University of Edinburgh’s Anatomical Museum.

Ainu Woman Playing the Mukkuri

Photo Credit: Midnight Believer

Locating the lost 

While the ten sets of returned remains mark a promising trend, the number of stolen Ainu is estimated to be in the thousands, and for a culture on the brink of extinction, preservation has begun to equate survival. Today, only a few isolated pockets of Ainu people remain scattered across rural Hokkaido, with most of the estimated 20,000 Ainu assimilating into cities and towns around the island. After decades of government proscription, the Hokkaido Ainu language is likely extinct, as there remain no known native speakers, and many individuals of Ainu descent have no knowledge of their ancestry or tradition. To state it quite starkly, the Ainu are disappearing.

My Grandfather and I in Hakodate, Hokkaido, 2025

Photo Credit: Veija Kusama

Good for breathing 

My grandfather is now 82 and his tone regarding our Ainu heritage has shifted in recent years. What was once coated in a glaze of indignity has come to be considered with a degree of quiet contentment. Now, when he regards the nose his genes placed upon my face, he adds a simple but emblematic qualifier. “広い鼻” (broad nose), “呼吸に良い” (good for breathing). Perhaps, the repatriation movement is not only about reclaiming the skulls of our ancestors, but rather about reclaiming the faces they gave us.

Recent reports identify rural public health interventions, some with potential to mitigate Medicaid cuts

U.S. Department of Public Health Building.
Image courtesy of Boston Public Library. 

Healthcare in rural America finds itself a topic of much discussion lately, with mainstream media coverage of the crisis unfolding after Medicaid cuts by the Trump administration's 2025 budget reconciliation bill, which was signed into law July 2025. By some estimates, the new law will increase the number of uninsured people by 10 million in 2034. Other coverage concerns the fate of a $50 billion rural health slush fund that is yet to pay out in the communities who need it most and the recent slew of hospital closures in rural communities.

While the new restrictions on Medicaid eligibility and reduced federal spending will be felt across the nation, rural communities will be hit especially hard, due to the higher rates of people on Medicaid in nonmetropolitan areas. Sarah Jane Tribble, reporting for KFF Health News, writes: 

People who live in the nation’s rural expanses have more chronic diseases, die younger, and make less money. Those compounding factors have financially pummeled rural health infrastructure, triggering hospital closures and widespread discontinuation of critical health services.

Hospital closures (online tool showing a map of recent closures) exacerbate the present struggle to meet rural healthcare needs, where people are generally more vulnerable and less likely to utilize primary care services due to structural barriers like cost and provider shortages. In 2016, Dr. Julia T. Caldwell et al. published a paper in the American Journal of Public Health, which states that "[r]ural adults are less likely to be insured, less likely to use healthcare, and more likely to delay seeking care than urban residents." To put it plainly, access to acute care is bleak in much of rural America right now, and reductions in Medicaid spending and eligibility are poised to make things worse. 

Rural hospital closures, 2005-2010 (in blue) and 2010-present (in yellow).
Graphic courtesy of Sheps Center for Health Services Research, UNC. 

There is, however, another dimension of the rural health conversation that is gaining traction in public discourse – rural public health. Where the trends in healthcare are alarming, improvement in public health feels tractable. This post focuses on insights from two recent reports – this one from the Aspen Institute (Feb. 2026) and this one from California's Department of Public Health (Feb. 2026) – to highlight opportunities for high-impact rural public health intervention amid the ongoing healthcare crisis. 

Public Health: Rurality in Focus

In general, the healthcare industry aims to treat people who are sick or injured, whereas public health seeks to keep people from getting sick or injured in the first place. According to the American Public Health Association, healthcare focuses on individualized care; public health focuses on entire populations. Because a key responsibility of public health is to collect, analyze, and interpret health data to inform timely public health interventions, policies, and resource planning, it is more likely to analyze and include the axes of identity and experience that inform vulnerability. In fact, rurality has been an axis of analysis in public health research for decades. "Place," meaning where people live, work, and play, is widely understood by experts in the field as a fundamental social determinant of health.

In February 2026, the Aspen Institute and the California Department of Public Health each published reports that examine, in significant detail, the state of rural public health. The Aspen Institute Report is titled "Meeting the Health Needs of Rural America," and represents the tenth installment in the Aspen Health Strategy Group's mission to tackle a single health issue annually through year-long, in-depth study. The California Department of Public Health Report, the State's second-ever "California State of Public Health Report," ("Cal. DPH Report") carves out tens of pages devoted to risks, trends, and interventions specific to rural children, adolescents, and adults.

All-Cause Mortality Rate by Race and Ethnicity in Urban/Rural
Areas, California 2022-2024 (Cal. DPH Rep., p. 32)

This post focuses on one paper from the Aspen Institute Report titled Population Health in Rural America: Changes, Challenges, and Opportunities, authored by rural demographer Shannon M. Monnat and sociologist Tim Slack. Their paper tees up several useful policy proposals, which provide a path to remedying the so-called "rural mortality penalty" – the name for a widening disparity where rural U.S. residents experience higher age-adjusted mortality rates than urban counterparts. The authors suggest that the relative recency of the rural mortality penalty, which emerged in the data only four decades ago, "provides reason to believe it can be reversed." (Aspen Inst. Rep., p. 5). 

Systemic Risks and Opportunities 

Each report does a thorough inventory of factors driving mortality rates across the lifespan, from infants to working-age adults to the elderly. Unsurprisingly, barriers like lack of access to healthcare, transportation, healthy food, broadband internet, and other social services are central to their findings. But each goes a step further to do some accounting of recent social and economic trends driving the numbers: substance abuse and misuse; growing gaps in educational attainment; and persistent economic disinvestment that has hollowed out local institutions and workforce pipelines. Environmental risks (including climate change) and exposures also explain recent losses in resilience and increases in mortality rates. These overlapping stressors compound, reinforcing cycles of poor health outcomes that are difficult to interrupt through healthcare access alone. 

Adult Mortality Rates in Nonmetropolitan (Rural) Counties,
2000-2022 (Aspen Inst. Rep.)

Writing for the Aspen Institute, Monnat & Slack characterize "rural economic and human health" as "intertwined." The data in both studies bears this out. Lower income, wealth, and levels of educational attainment correlate strongly with shorter lifespans and fewer years lived in good health. Importantly, both reports frame these outcomes not as inevitable features of rural life, but as the product of policy choices and disinvestment patterns that can be changed. The California report, in particular, emphasizes that upstream interventions–those that target education, early childhood development, and economic stability–offer some of the highest returns for improving long-term health outcomes (Cal. DPH Report). 

The reports identify education policy reform as a major inroad for uplifting rural communities struggling with economic disinvestment and population decline. 

Education, particularly possessing a bachelor’s degree, has become an increasingly important determinant of health and longevity in the United States. Higher education confers economic, social, and lifestyle advantages that manifest as a “personal firewall” that protects health, even in the face of external and unpredictable threats, such as pandemics, recessions, and natural disasters.

(Aspen Inst. Rep., p. 76). Investments in vocational programs, community colleges, and early childhood education programs like Head Start not only improve education and employment outcomes, they also provide measurable health benefits over time. Many health outcomes and disparities in adulthood are rooted in childhood conditions such as family and community health, neighborhood safety, policies, and systems" (Cal. DPH Report, p. 58). By strengthening local economies and expanding opportunities, these interventions address root causes of poor health, rather than treating symptoms as they occur. In this way, rural public health policy begins to function as a cross-sector strategy for community resilience. 

Conclusion 

The current crisis in rural healthcare access underscores the need for action, but it also highlights the limits of a healthcare-only response. As the reports analyzed in this post make clear, improving rural public health outcomes requires sustained investment in the social and economic conditions that shape health, long before a person ever becomes a patient. Public health offers a framework for identifying upstream opportunities and making interventions where they can have the greatest impact. In the face of hospital closures and shrinking coverage, this broader approach might provide a path forward: one that treats rural health not only as a medical issue but as a function of place, policy, and long-term community investment.

A modest proposal: Leaving

Torn down building in Shiloh Mountain area, Arkansas
© Lisa R. Pruitt, 2011

The Washington Post's 2017 article "Disabled and Disdained" tells the story of the McGlothlins, residents of Grundy, Virginia, who have fallen on hard times. The patriarch of the family is in jail after struggling with addiction. One of his sons shared the same fate. Sheila, the matriarch, lives on $500 a month in disability payments. Tyler, her 19-year-old son, lives in the household with his wife Morgan. Neither works. Tyler panhandles to supplement his mother's income. The article wants the readers (or at least that it is my impression) to feel sympathy for Tyler. Tyler did things right. He graduated high school, stayed clean, avoided unwanted pregnancies, got financial aid, enrolled in community college, and bought a car. Then, he lost his license as the result of a car accident, and as a result was unable to keep going to school. The article also describes a man named David Hess. Hess is an almost absurd character. He crossed paths with the McGlothlins when Tyler's father was out on the streets panhandling. Hess offered McGlothlin a job, but the McGlothlin patriarch refused on account of his work injuries. Outraged, Hess proceeded to chastise him (both in person and online) for his idleness. And yet, by the end of the article, I found myself sympathizing with Hess more than I did with Tyler.

Being 19 years old

In 2018, I was 19 years old, just like Tyler. I had been in the country for a couple of years by then. I rented the living room floor of a relative's apartment for $350 a month. I say floor because I slept on the floor. I did not have to, but doing so was more comfortable than sleeping on the couch, and so that's what I did. In those days, I worked full time as a shift leader at Carl's Jr. (although, due to my coworkers' chronic absenteeism, I often worked overtime), and I was simultaneously enrolled full time at Sacramento City College. I took the bus to both, spending several hours a day on it. I met a lot of curious characters on those buses (e.g. a man, who by my best guess was from Panama, who had made it routine to tell me he was going to kill me). I thought life was pretty good. One of my classes that semester was English Composition II. The class was taught by a professor whose name I have unfortunately long forgotten. The professor was a South African woman, advanced in years, and clearly well read. She taught us how to make proper use of the English language. She taught us about how we were not supposed to say "terrorist," since "freedom fighter" was the correct term. When asked whether Osama Bin Laden was a terrorist or a freedom fighter, she said he was a terrorist. English is a complicated language. The overarching assignment for the semester was an essay on a book titled Nickel and Dimed by Barbara Ehrenreich.

Shepard's job of choice in Scratch Beginnings
© Aim 2 Please Moving

Ehrenreich and Shepard

Nickel and Dimed follows journalist Barbara Ehrenreich as she goes undercover working a variety of minimum-wage jobs. In the book, Ehrenreich describes her experience in those jobs as difficult, injury-inducing, and soul-crushing. The wages she earned were not enough to cover her basic needs, and Ehrenreich, despite her best efforts, ate into the modest amount of savings she set aside for the experiment. The book's conclusion is grim: the American working poor are trapped, with very little-to-no hope of escaping despite their best efforts.

I was not convinced. My task that semester was to write a four- or five-page essay on the book. On account of a flare up of chronic contrarianism, I set out to find a book which was the antithesis to Nickel and Dimed, one which I could wield as a club against it in my essay writing process. I did not have to look for very long. Scratch Beginnings, by Adam Shepard (who, according to his LinkedIn page, is the co-founder of a brand named "Practice Empathy"), is a direct response to Ehrenreich. Shepard, a 23-year-old recent college graduate, started from scratch in Charleston, SC (a city he was unfamiliar with) with nothing but $25 in his pocket. He deliberately avoided using his degree, his connections, or any advantage not available to the general public. Ten months later, he had bought a truck, saved over $5,000, and by his account made friends and even gotten physically stronger. I echoed Shepard's criticisms of Ehrenreich in my essay and got a B. Curiously, I was not docked for the blatant contrarianism or lack of effort, but for using male pronouns a bit too much (such as when saying "if he did so..." instead of "if she did so..."). I explained to the professor that I only wrote that way because my own inner voice was male, and that was being reflected in my writing, but such an explanation was not sufficient. My core criticism of Ehrenreich, then and now, is that her experiment was unrealistic. Sixty-year-old women do not spawn into the world with nothing. In sixty years, a person accumulates skills, connections, and at least the opportunity to save. Her starting point was not a true starting point. Almost every story is a tragedy when the only thing you write is the final chapter. 

Who keeps Tyler home?

Tyler is the opposite of a 60-year-old woman. His story has really just begun; at 19, he has just entered the "agency" part of the human experience. And yet, throughout the article, I couldn't avoid the feeling like I was reading the last chapter of a story, not the first. What exactly could be the reason for that? My main suspect is the town of Grundy itself. Grundy has a population of 875 residents, distributed among 300 households and a bit under 200 families. Of these households, only about one-fifth have children at home. In the last decade, Grundy lost almost 15% of its population. With such conditions, it is not entirely unexpected that there is a lack of good jobs there. Explaining why there are no good jobs is harder. It certainly is at least partially caused by a variety of policy choices made by people far away from the McGlothlins (deindustrialization, climate policy, trade, and many more). Maybe it's just bad luck.

But a lack of good jobs cannot be the end of the inquiry. Tyler's life was more or less on rails before a few events derailed it. He lost his job at McDonald's after missing a shift due to a snowstorm, and he lost his ability to go to school after losing his license as the result of a car accident. Perhaps I am being a bit too cynical, but I doubt that a simple snowstorm and a "car accident" is all that happened. To be clear, I am not accusing Tyler of anything. However, these descriptions do not match at all with my lived experience. What kind of employer fires an employee over missing work once because of a snowstorm? I have worked a variety of jobs in food and retail, and I cannot remember even a single instance of someone being fired due to one episode of (justified) absenteeism. In all the jobs that I have had, when a person missed work due to other commitments, forgetfulness, or just being too busy doing drugs, nothing happened. At worst, they got a write-up. Businesses generally don't like to get rid of  good (or even mediocre) employees for minor absences or tardiness. Training new employees is a cost that most businesses would rather not bear too frequently. Similarly, it seems unusually harsh to take away a person's license over an accident in which they had little fault. Virginia is perhaps harsher than California in this regard, but this is still suspect. Here we come to two policies that could help a person such as Tyler, but which I am unconvinced would do the trick: (1) more stringent laws against wrongful termination, and (2) more lenient penalties for traffic infractions that result in accidents.

But even the lack of any jobs and a driver's license cannot be the end of the inquiry either. If the idea is that rural areas have a high density of acquaintanceship, was there truly not a single person in Tyler or his family's entire social network who could get him closer to a bus, or to school, or a place with jobs? Is Grundy really so far from everything? A quick search reveals that the closest metro area to Grundy is Kingsport, TN (population ~55,000), about a 2-hour-drive. This is a significant (but not insurmountable) distance, and it may explain the lack of opportunities. There are seemingly no public transportation options that would cover that trip either. Here we arrive at yet another policy that could help Tyler's situation: more extensive public transportation options. Admittedly, I have not seen a "commuter" route that stretches as far as the one Tyler would need, so its feasibility is debatable.

Rural people, immigrants, and subsidies

Venezuelan immigrants in Ecuador.

Assuming, for the sake of argument, that there isn't a single job available in Grundy; and, assuming also, that Grundy is simply so remote that it is literally impossible to commute by any means (whether public or private) to any other place where a job might be found, that raises the final question: why not move? How could things be worse anywhere else? I have looked for a satisfying answer to why people in economically depressed areas resist moving, and I have not found one.

As an immigrant, I find the resistance to moving genuinely difficult to understand. If life is so bad where you are and economic prospects are better elsewhere, why stay? I understand loving a place. Most immigrants from my country to the United States that I have met have expressed that they would like to go back some day. Many have expressed that, even if not possible during their lives, they would like to at least be buried back at home (it almost never happens, but it is a really nice sentiment). However, even with attachment considered, isn't leaving and returning with more resources a more productive approach? From my perspective, the McGlothlins' situation resembles something close to the natural, baseline state of things. What historically propels families out of such circumstances is a willingness to take risk, usually when things cannot get any worse. Usually, one member, often male, ventures somewhere harder and less comfortable, lives cheaply, saves aggressively, and slowly creates a foothold for others to follow. It is usually not pretty, but it's also a practice not unique to international migrants.

What I cannot relate to, in terms of my own lived experience, is the $500 in disability payments. Sheila's disability payment is also a policy choice. So is every other federal and state subsidy or program that flows into a place like Grundy. I want to be careful with my words, lest the spirit of David Hess fully take over me. I am not arguing that the government should abandon people in hard circumstances in order to force a sink-or-swim outcome. If the government did, a lot of people would undoubtedly just sink. I am asking whether support sometimes functions as an anchor. Tyler is not facing a choice between certain misery (staying) and possible misery (leaving). He is facing a choice between possible misery (leaving) and a small, predictable share of $500 (staying). There is a Spanish refrain which roughly translates to: "A bird in your hands is worth more than 100 in the sky."

Conclusion

Which brings me to a question that has loitered in my mind for the entire time I spent writing this post: at what point does subsidizing rural and remote areas just become subsidizing misery? Maybe the "death" of places like Grundy (or in less scary terms, their transformation) would benefit everyone, especially the people who live there. And maybe, what is slowing that transformation down is the accumulated weight of everyone's personal share of $500. I did not mean for this post to sound so negative. I do not think the McGlothlins are contemptible people. But perhaps there is something to the contempt that the David Hesses of the world display.

Gabbs, Nevada is a real place

During Thanksgiving Break 2024, I traveled with my partner at the time to visit her family in Gabbs, Nevada. Leading up to the trip, I told my friends and family where I was going by saying the name of the town, waiting for a second, then dramatically saying "population: 58." This usually got a bit of a puzzled reaction, but I felt it effectively conveyed my bewilderment. It seemed like an impossible place to me, far more remote and isolated than anywhere I had been.

A faded sign outside of Gabbs with a list of obsolete churches and social clubs, November 2024 

It turns out the population is greater than 58, with the most recent numbers I could find putting the population at 237. I'm not sure if the discrepancy was because of my ignorance or some miscommunication. Regardless, the town was certainly isolated. It was about seventy miles away from the nearest gas station and grocery store, deep in the magnificent beige of the Great Basin Desert. 

I was perhaps too unbothered by the isolation, as I neglected to fill up my car at the gas station at our last stop at the Walmart in Fernley, Nevada. As Interstate 80 changed to US 50 which changed to NV 361, the setting sun cast a lovely red glow on the desert, before turning into a pitch darkness that properly spooked me. I love a good country drive in pitch darkness, but the lack of trees or any shapes for my headlights to bounce off of was causing a low-grade panic to set in. My paranoia about running out of gas certainly did not help. 

NV 361. I swear this was terrifying at night. November, 2024

We did arrive safely, not quite sure if we were going to spend that night with our hosts or at a local motel that one Yelp review referred to as "Norman Bates scary." We thankfully did not have to find out what that meant, and spent the night on the couch after some stargazing and exploring our hosts' underground library. As always, I was stunned by the view of the night sky when there was no light pollution.

Our hosts were my partner's great uncle and aunt, we talked with them quite a bit about life in Gabbs. They were constantly on the road spending about half of the year driving to visit friends. They preferred to hole up in Gabbs in the more temperate seasons, leaving mainly during winter and summer. For them, the remoteness was peaceful, and there was a family tie. My partner's great aunt and grandmother grew up there.

Gabbs was founded around a magnesium mine in 1941, when demand for the mineral was high due to World War II. Though demand dropped off sharply after the end of the war, operations in the mine continued, and the town was built up with a library and a K-12 high school, where my partner's grandmother attended while growing up there through the 1950s. She mentioned seeing nuclear blasts on the horizon, likely seeing explosions from the Nevada Test Site, which operated continuously through the 1960s.  

Wide-Lens Shot of Gabbs, a view from the desert. November, 2024.  

The next day we had a two hour excursion of wandering in the desert and exploring the town. While the previously cited Nye County Civic-Plus source indicates that the town has an operational school, library, and community pool, it was clear from our exploration and conversations with my partner's family that this was no longer the case. The pool was dry and overrun and the library and school were just empty facades with decayed interiors. Apparently the town had been losing population over time and the population was now mostly retirees.  

An abandoned pool in the center of town, November, 2024. 

 Our discussions of rural disadvantage earlier this semester reminded me of wandering around Gabbs. The readings around the crises facing rural schools brought the image of the empty school back to my mind. This simply seemed to be a later stage of the problems described in those articles. I am now struck by how Gabbs is so remote that its decline is not noticed at all by the outside world. There is so little information available about this town even in our internet age. If I had not been there, it would have been impossible to see it as a real place.   

 On the drive back home I appreciated the beauty of the desert a good deal more. I am also happy to report that I did not run out of gas, though it got a bit too close for comfort at the end there.  

Taxation by theft: policing for profit in rural America

(c) Lisa Pruitt (2024)

As you cross the California-Nevada state line, you slow to exactly the speed limit from the California-15mph-above. Or at least I would encourage you to. Growing up near the state line, you get warned before nearly every trip east of the hazards of driving with a California plate. Expect to be pulled over, expect a ticket for a violation that may normally be a warning, and try to not look like a big-city liberal. 

While somewhat of a lighthearted joke among Californians, concerns about getting pulled over for going 5mph over the speed limit in rural Nevada reflect a real set of perverse incentives facing rural law enforcement. Often facing severe budget constraints, rural law enforcement may choose to act as a “reverse Robin Hood,” funding their agencies with assets seized from citizens. While excessive speeding tickets are perhaps the most prominent method of doing so, another source of funding comes from the process of civil asset forfeiture.

Excessive ticketing in rural America

As the tax base that generally supports law enforcement in rural areas has declined, small towns have increasingly come to view traffic tickets as an important revenue stream. To pick an extreme example, Georgetown, LA, a town with fewer than 500 residents, derived 92% of their income from traffic tickets. Georgetown is just one of many small towns that have made national headlines for their intensive ticket-writing efforts. 

A 2019 study by Governing identified a concentration of communities where fines exceeded 10% of general fund revenue, largely in rural parts of the South. In contrast, fines and forfeitures accounted for just 2% of general revenues among the 50 biggest U.S. cities. The study notes that high fine revenue is common in high-poverty rural areas throughout the country, especially in states with low property tax rates. See the below map published as part of their study for reference:

Credit: Governing.com (2019)

While residents of these areas suffer from higher fines, models indicate that police officers are more likely to issue tickets to drivers who are not from their community, especially when the driver would need to travel a long way from their residence to contest the citation. 

Another factor that may affect ticketing is state-to-state variation in the amount of fine revenue that a locality can keep, because many states impose a cap on the proportion of a municipal budget that may be derived from fines or mandating that such funds be appropriated to public schools.

An introduction to civil asset forfeiture 

In 2016, in Muskogee, Oklahoma, the tour manager for a touring Burmese Christian musical act, Eh Wah, had $53,000 cash that they had raised for charity seized during a routine traffic stop. Eh Wah was interrogated for hours and then released without being charged with a crime, and also without his $53,000. By utilizing civil asset forfeiture, the Muskogee County Sheriff needed no arrest, just an entry noting that the Sheriff had taken “[p]ossession of drug proceeds.”

Civil asset forfeiture grants law enforcement officers the ability to seize property when they believe that property to be used in or derived from unlawful activity. Forfeiture proceedings are actions against an item of property itself, not an individual, leading to amusing casenames like the seminal US v. Forty-three Gallons of Whiskey, or the more recent US v. Approximately 64,695 Pounds of Shark Fins.

Civil asset forfeiture proceedings starkly contrast with criminal proceedings. Notably, the owner of the seized property bears the burden of proving that their property was not used in or derived from unlawful activity. There is no right to an attorney unless a primary residence is being seized, and it is difficult to recover attorneys’ fees. Perhaps most shockingly, the innocence of the owner of property may not be a defense to an action against a seized item when it was used in the commission of a crime. This may apply to vehicles or real property used in the commission of a crime.

Though asset forfeiture has been used in admiralty law for most of U.S. history, it only became frequently used on land in the 1980s. In 1984, Congress passed the Comprehensive Crime Control Act (CCCA), which expanded the circumstances in which agencies could seize property and allowed local law enforcement agencies to cede credit for a seizure to a federal agency in a process known as an “adoptive seizure.” 

Before the CCCA was passed, many states had caps or limitations on seizure similar to those described earlier related to traffic fines. Adoptive seizures allow federal agencies to receive the proceeds of a seizure and then return up to 80% of those proceeds to the local agency through equitable sharing agreements, thus allowing local law enforcement to effectively bypass state limitations on retaining seized assets.

The circumstances under which adoptive seizure may be used were limited by then-Attorney General Eric Holder, but these limitations were rolled back under Jeff Sessions, Trump's first AG. Merrick Garland did not attempt to reinstate these reforms during his tenure as AG and in fact called for the expansion of forfeiture regarding cryptocurrency. This should be somewhat unsurprising as, then Senator, Joe Biden introduced the forfeiture provisions of the CCCA in 1983 and persuaded Democrats to support them. Trump has continued his support of civil asset forfeiture in his current term, advocating for the seizure of private drones monitoring ICE or Border Patrol activity. 

Many states have reformed their forfeiture procedures recently, with 17 states requiring that the government bear the burden of proof; 16 requiring criminal conviction for forfeiture; and 4 abolishing civil forfeiture entirely. A series of decisions in states where equitable sharing agreements are explicitly prohibited by statute are a promising sign of progress on the issue of state law circumvention, but it is worth noting that the Supreme Court has not yet weighed in on these statutes. 

Forfeiture in rural America

The interaction between civil asset forfeiture and rural America is complex and somewhat obfuscated by lack of focus on rural areas in some scholarship, and the lack of governmental transparency surrounding forfeiture. Gross forfeiture is largest in urban areas, and it disproportionately affects racial minorities. 

While the victims of asset forfeiture are often urban, rural police departments appear more dependent on forfeiture funds than urban ones. Studies of data from the Texas AG’s office indicate higher per capita forfeiture proceeds in rural areas. Additionally, forfeiture is focused near active highways. While data analysis on the subject is scarce, some scholars believe that part of this dynamic is driven by the tendency of rural police departments to seize the property of people travelling by highway through the area, not locals. 

Welcome to Tenaha Credit: Texasescapes.com (2001)

One rural community on the Texas-Louisiana border, Tenaha, provides a striking example of this dynamic. The town sits on a heavily traveled highway between Houston and Louisiana and from 2006 to 2008 the town of roughly 1000 collected over $3 million in assets from motorists through asset forfeiture. David Guillory, an attorney who filed a federal lawsuit related to these seizures noted that of the 40 motorists he managed to contact, all but one was black. 

How to get away from policing for profit

Forfeiture and traffic fine abuse are symptoms of the same dual influences, declining tax bases and a history of racist policing. We have solutions available for the first issue, but they seem to often be impeded by politics influenced by the second. 

Allowing departments to retain all revenue from their seizures is one of the most clearly perverse incentives that I can imagine; yet states like Florida and Texas maintain such practices and seem unlikely to change them. Federal policy has deteriorated under Republicans in particular, but the Democrats have hardly been models of reform. While there is some pushback from conservatives on asset forfeiture, this sentiment seems inconsequential in light of Trump’s full throated support for the policy. 

Similarly, measures to cap or redirect traffic fine revenue are extremely effective at curbing abusive ticketing, but they are simply unpalatable to many conservative politicians. There is a strong correlation between low property taxes and high traffic citation revenue, and some politicians are quite happy to ticket out of state drivers rather than tax local homeowners.

Policing for profit is a problem that is entirely solvable. We simply need the political appetite.