Statement by the Honorable Bobby L. Rush, Chairman Committee on Energy and Commerce at Cemeteries Oversight Field Hearing

CHICAGO – Good morning. I'd like to welcome you all to my first subcommittee field hearing as Chairman of the Subcommittee on Commerce, Trade and Consumer Protection.  I invited a number of Congressional members because I strongly suspect that what happened at Burr Oak Cemetery in Alsip, IL is not an aberration. If the horrible crimes that were committed at Burr Oak can happen in our district, they can also happen anywhere in our country. At a time like this, we especially need to hear from the citizens we represent, and they need to hear from us. That’s why I thought it would be best to bring Washington, D.C. to my beloved Chicago to hear directly from the citizens in the community whose lives have been shaken, and altered, by the horrifying revelations concerning Burr Oak Cemetery.

I genuinely hope that the extremely disturbing and disrespectful revelations at Burr Oak bring greater attention to the problems of cemeteries throughout the United States. The stories of mass upheavals of sacred grave plots and the desecration of remains at Burr Oak, Menorah Gardens in Palm Beach, Florida, and at Tri-State Crematory in Noble, Georgia, just to name a few, should not vanish into thin air after dominating the news wires for a few days. Cemeteries and crematories should not be allowed to continue to abuse aggrieved consumers through fraudulent, shoddy and sloppy business practices.

I have heard from hundreds of constituents, including Ms. Debra Charles. Her father, the former heavyweight world boxing champion, Ezzard Charles, was buried at Burr Oak along with her mother. Ms. Charles said that hearing about Burr Oak reopened old wounds of pain and loss, and that she felt she had to re-inter her parents yet again. Another of my constituents, Mr. Tony Burroughs––a professional genealogist whose two great aunts were buried at Burr Oak––points out that Burr Oak was probably the first African American-owned cemetery in the Chicago area. According to Mr. Burroughs, in February 1927, an armed posse of 75 whites interrupted a burial at Burr Oak arguing that African Americans could not be buried on the premises. Ultimately, the burial was permitted to proceed under the protection of police guard. This historic landmark should not have been allowed to fall apart the way that it did.

When cemetery operators fail to keep accurate records of where the deceased have been laid to rest, families and loved ones are prevented from connecting to their past. It hurts families and shatters communities. When cemetery operators weave in and out of trust arrangements or intentionally structure those arrangements themselves, to escape accountability and regulatory requirements, quality of service and upkeep of cemetery facilities is prone to decline to unacceptable levels. The simple fact is that many consumers are unfamiliar with the sales practices of cemetery owners and operators because they provide once-in-a-lifetime goods and services.

Lacking experience with the funeral and burial sectors, these consumers cannot be reasonably expected to effectively negotiate prices, choices and contractual terms applied to burial goods and to contracts and leases for land on graveyard property.

Witnesses, please listen closely to my following request. As our witnesses on the first panel tell us about their experiences with Burr Oak, and as we talk about ways to better protect consumers of burial products and services, I would like for each of you, on the second panel, to think about and briefly answer the following questions when we open the floor to questions from members.

Currently, there are no federal minimums for the operation of cemeteries. Do you think there should be? And if the answer is "yes," then what are the best ways for us to work together to make that happen?

I ask unanimous consent that Representatives Danny K. Davis, Daniel Lipinski, Jesse L. Jackson, Jr., and Steve Cohen be allowed to make opening statements and participate in witness questioning during this hearing. I would like to note the presence of my good friend, Representative Jan Schakowsky from the 9th Congressional District of Illinois, who serves as the Vice-Chair of my subcommittee, who is also with us today. I am also deeply grateful to Mr. G. K. Butterfield, the honorable Representative from the 1st District of the great state of North Carolina, for traveling north to spend time with us in our wonderful city.

In addition, I would request unanimous consent to enter the statements that are being submitted by families, loved ones and friends of those buried at Burr Oak Cemetery into the Hearing Record today. The Record shall remain open for 30 calendar days, from today, for the submission of such statements.

Before I ask Ms. Schakowsky to present her opening statement, permit me to say that I am elated to see so many local, county and state-elected and appointed officials who also came out this morning to be with us. Thank you for coming. I look forward to hearing the testimony from all the witnesses who are here today.

In closing, my heart and prayers, as well as the condolences and prayers from my own family go out to all those families who have been directly affected by the horrible actions exposed at Burr Oak. May God bless and keep you all through these painful and challenging times.

# # #