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FOCUS: Where in the World Is Kamala Harris? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=57696"><span class="small">David Sirota and Andrew Perez, The Daily Poster</span></a>   
Sunday, 27 December 2020 13:01

Excerpt: "Harris's absence is more notable and perplexing considering that she is in a position to play a direct role in the legislative standoff."

Kamala Harris. (photo: Noah Berger/Getty Images)
Kamala Harris. (photo: Noah Berger/Getty Images)


Where in the World Is Kamala Harris?

By David Sirota and Andrew Perez, The Daily Poster

27 December 20


The vice president-elect made headlines pushing $2,000 checks, but suddenly she’s nowhere to be found on the issue.

fter Democratic Sen. Amy Klobuchar humiliated herself by throwing cold water on the idea during an MSNBC appearance, Democratic lawmakers from across the country seem to have finally woken up and realized that there’s an economic emergency unfolding and that “let them eat Federal Reserve lending facilities” is not a compelling message.

But one unique and much-needed voice is bizarrely muted: Vice President-elect Kamala Harris.

Before we get to the California lawmaker, it’s worth noting that her boss, president-elect Joe Biden, seems to have completely checked out of the current debate, after helping create a debacle.

He reportedly convinced congressional Democrats to get steamrolled by Mitch McConnell and agree to provide just $600 in direct aid — which Georgia Democratic senate candidate Jon Ossoff rightly called “a joke.” Biden has vaguely promised to push more aid in 2021, but he is not weighing in forcefully on the budget showdown that is unfolding right now. An austerian to the core, Biden took a dump in the middle of the process, and is now running away from the mess he helped create.

Harris’s absence is more notable and perplexing considering that she is in a position to play a direct role in the legislative standoff. She isn’t just the vice president-elect and she isn’t just any old member of the U.S. Senate that could ultimately decide the fate of the stimulus bill. Harris also happens to be the lead author of legislation to provide $2,000 a month to individuals during the pandemic.

This wasn’t some small initiative — this was Harris’s big headline-grabbing idea she was making her namepushing during the veepstakes. This was supposed to be a proof point illustrating her progressive credentials and her appreciation of the magnitude of the crisis America now faces.

So where is Harris now?

It’s hard to know what’s happening behind the scenes, but at least in public, she’s been quiet on the issue. Indeed, while she has made some generic comments about Congress needing to pass some form of stimulus, she has not been an aggressive leader on the question of direct aid in the current legislative package. Take a look at her social media feeds and peruse Google News for her mentions — there doesn’t seem to be much of anything from her in the middle of the central budget controversy of the entire crisis.

Why?

Perhaps she is just following Biden’s lead. Or maybe she believes some ridiculous 17-dimensional-chess theory that staying out of the fray will help secure a good outcome, in the same way Democrats always come up with rationales to live to never fight another day. Or maybe there’s a more innocent explanation — maybe she just hasn’t gotten around to it but is about to weigh in.

Whether or not she does will tell us a lot about what we can expect from her in the Biden administration. More specifically, it will tell us a lot about whether she plans to be an envoy for the progressive causes she purported to support during her presidential run — remember when she laudably said it was time to end the private health insurance system? — or whether she will just appropriate Biden’s austerity ideology as her own.

The significance of this moment for Harris cannot be overstated. As the incoming vice president, a sitting senator and the author of a much more expansive version of the $2,000 proposal right now in front of Congress, she can play a singularly significant role in galvanizing her party behind a desperately-needed policy that polling data shows is wildly popular.

This is her chance to lead Democrats to a big win over McConnell in support of a policy that will help millions of people. Let’s hope she seizes the moment and doesn’t decide to just disappear.

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FOCUS: The Right-Wing Misinformation Machine Is Taking Over Georgia Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49829"><span class="small">Eric Lutz, Vanity Fair</span></a>   
Sunday, 27 December 2020 11:59

Lutz writes: "As Facebook rolls back changes that promoted credible sources of information around the presidential election, Trump’s allies are spreading false claims ahead of next month’s Senate runoffs."

The pro-Trump commentators Diamond and Silk appear at a MAGA rally in 2019. (photo: Saul Loeb/Getty Images)
The pro-Trump commentators Diamond and Silk appear at a MAGA rally in 2019. (photo: Saul Loeb/Getty Images)


The Right-Wing Misinformation Machine Is Taking Over Georgia

By Eric Lutz, Vanity Fair

27 December 20


As Facebook rolls back changes that promoted credible sources of information around the presidential election, Trump’s allies are spreading false claims ahead of next month’s Senate runoffs.

onald Trump and his allies have kept busy the past six weeks spreading lies and conspiracy theories about the presidential election he lost—but not too busy to also push misinformation about the fast-approaching runoff elections in Georgia. New research reported by the New York Times on Tuesday has found that a small group of disinformation “superspreaders” have trained their sights on the Peach State ahead of its high-stakes contest January 5, pushing bogus stories about illegal voting and the Democrats vying to unseat Kelly Loeffler and David Perdue. The lies, which lay the foundation for challenges to the results there like the kind Trump has leveled in his authoritarian bid to remain in power, have found footing on social media, and may even be reaching more people than reporting by credible outlets.

Americans are “being drowned in misinformation in Georgia by these superspreaders,” Fadi Quran, a director at the human rights group Avaaz, which conducted the study, told the Times. “We see [disinformation superspreaders] regularly testing new narratives to see where they can hit a certain nerve,” Quran added, “and then acting on it.”

The narratives include everything from lies meant to damage Democrats Jon Ossoff and Raphael Warnock to baseless allegations of improprieties in the voting process, including a claim that people who were not eligible to vote had received ballots for the special election. The bogus claims have been circulated by MAGA celebrities like Diamond and Silk and Lara Trump, the president’s daughter-in-law. Trump himself has alluded to them in his broader attacks on the electoral system, as he seeks to overturn his decisive loss to Joe Biden in November. “I told [Loeffler and Perdue] today, ‘I think you’re dealing in a very fraudulent system,’” he said during a garrulous, indignant press conference on Thanksgiving. “I’m very worried about that.”

Social media companies had attempted to tamp down disinformation around the general election. Twitter has played whack-a-mole with Trump’s batshit claims, affixing warning labels to his erroneous and reckless posts. Facebook, meanwhile, implemented changes to its advertising policy and tweaked its algorithms to elevate trusted news sources over more partisan, less credible ones. That resulted in a rise in traffic on the platform for outlets like the Times and NPR and drops for places like Breitbart. But those adjustments were temporary in the eyes of Facebook leadership, and they have since been abandoned—a move that could allow right-wing conspiracies to flourish even more on the platform than they already do, Avaaz warned.

“Facebook has gotten a lot of pressure over claims that they are censoring the right or conservatives, but what the data shows is that they may be favoring these actors,” Quran told the Times. “These accounts regularly spread misinformation. The question is: Why doesn’t Facebook demote their reach per their policies?”

The answer may be that doing so would be bad for Mark Zuckerberg’s bottom line; the company’s own internal research has suggested that more toxic content tends to be more popular, and the so-called “nicer newsfeed” resulted in less engagement with the platform. A healthy democracy is better served by credible news; Facebook’s interests, on the other hand, seem to be better served by less trustworthy sources of information, like Eric Trump and Seb Gorka.

While the surge of disinformation could certainly form the basis of later challenges to the legitimacy of the Georgia vote, it’s unclear what it will mean for the vote itself. While attacks on Warnock and Ossoff are meant to scare off voters, claims that the election is being rigged have concerned some Republicans, who fear that it could depress turnout among their own voters. But with the Senate on the line, turnout has already been high, and both parties have been intensely focused on the race. Will the disinformation help or hurt the Republican cause? That much is still unclear. What is clear is that the “alternative facts” era ushered in by Trump will not end with his presidency.

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Our Lives Are at Risk. The Health Care System - and Everyday Individuals - Have To Do a Better Job to Protect Us. Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=57695"><span class="small">Kareem Abdul-Jabbar, WebMD</span></a>   
Sunday, 27 December 2020 09:54

Abdul-Jabbar writes: "My life is at risk. Not just because I'm 73 with the usual annoying aches and pains that accompany age, but because I'm tall and I'm Black."

Kareen Abdul-Jabbar. (photo: EFE)
Kareen Abdul-Jabbar. (photo: EFE)


Our Lives Are at Risk. The Health Care System - and Everyday Individuals - Have To Do a Better Job to Protect Us.

By Kareem Abdul-Jabbar, WebMD

27 December 20


Our lives are at risk. The health care system—and everyday individuals—have to do a better job to protect us.

y life is at risk. Not just because I’m 73 with the usual annoying aches and pains that accompany age, but because I’m tall and I’m Black. At 7 feet, 2 inches, I’m statistically more prone to blood clots, lower back and hip problems, higher risk of cancer, especially prostate cancer, atrial fibrillation (a heart rhythm disorder), and a shorter life span in general. Being Black means I’m more likely to suffer from diabetes, heart problems, obesity, cancer, and a shorter life in general. Yup, tall people and Black people have shorter life expectancies. So far, in keeping with these statistical risks, I’ve had prostate cancer, leukemia, and heart bypass surgery.

I’ve been fortunate because my celebrity has brought me enough financial security to receive excellent medical attention. No one wants an NBA legend dying on their watch. Imagine the Yelp reviews. I’m also lucky that one of my sons is an orthopedic surgeon and another is a hospital administrator. Dad gets to nag them for medical advice whenever he wants. But while I’m grateful for my advantages, I’m acutely aware that many others in the Black community do not have the same options and that it is my responsibility to join with those fighting to change that. Because Black lives are at risk. Serious risk.

Not just from the diabetes, heart problems, obesity, and cancer that we as a group are prone to, but from a wide spectrum of health threats built into the foundation of American society as solidly as steel girders holding up a bridge. Most people know this is true, though some will deny it because they fear removing those rusty girders will cause the whole bridge to collapse. The truth is that those girders are already malignant with rust and will eventually collapse if we don’t address the underlying rot of systemic racism. San Francisco’s Golden Gate Bridge has 200 ironworkers, electricians, and painters who daily maintain the bridge’s integrity. If we want America to maintain its cultural integrity, we need to fix its structural flaws—and we need to do so on a daily basis.

“The backlash in which white people proclaimed All Lives Matter clearly had no understanding of the issue. Blacks weren’t saying that Black lives mattered more, they were emphasizing that, the way the system works now, Black Lives Matter … Less.”

There are a lot of groups addressing these rusty fissures, including the National Association for the Advancement of Colored People (NAACP), the American Civil Liberties Union (ACLU), National Urban League, Southern Christian Leadership Conference (SCLC), and others. People who may not be familiar with the wonderful work of those organizations at least know about Black Lives Matter (BLM), which is less a traditional organization and more a movement of loosely affiliated activists across the country united by the credo that is their name. The backlash in which white people proclaimed All Lives Matter clearly had no understanding of the issue. Blacks weren’t saying that Black lives mattered more, they were emphasizing that, the way the system works now, Black Lives Matter … Less.

BLM started organizing in 2013 to protest police violence. But by 2020, after a series of police killings of unarmed Blacks that culminated with the suffocation of George Floyd, BLM had grown into the largest protest movement in the history of the United States. Between May 24 and August 22, there were more than 10,600 demonstrations. An estimated 15 million to 26 million people in the U.S. participated in protests following Floyd’s death. A June 2020 Pew Research Center poll showed that, although the majority of American public opinion was negative toward Black Lives Matter in 2018, a majority now supported them. Seems like progress.

An estimated 15 million to 26 million people in the U.S. participated in protests following Floyd’s death.

But police brutality is merely the most dramatic and violent attack on the lives of African Americans. It’s a TV camera-ready symbol of their status in America as negligible and disposable. Unruly children to be punished for their impertinence, regardless of how justified their outcry. However, the more insidious and damaging threat to the health, lives, and economic well-being of Black Americans is a health care system that ignores the fact that, though they are most in need of medical services, they actually receive the lowest level. As Dayna Bowen Matthew, author of Just Medicine: A Cure for Racial Inequality in American Health Care, states in a Brookings Institution article: “What we politely call a ‘health disparity’ is killing people of color daily. It is causing people of color to live sicker and die quicker, because of the color of their skin.”

The COVID-19 pandemic has highlighted just how malignant the system is. The virus has hit the African American community at a much higher and more devastating rate than it has the white community. At the same time, they receive a lower standard of care. The death rate for Blacks is 3.6 times higher than for whites. But in predominantly Black counties, the infection rate is three times higher and the death rate is six times higher than in predominantly white counties. Other marginalized people of color are also suffering: nationally, hospitalization rates are five times higher for Native Americans and African Americans and four times higher for Latinx. A Centers for Disease Control and Prevention (CDC) report released August 14, 2020, concluded that in 79 hot spot counties in the U.S. that had information about race, 96.2% showed racial disparity in COVID-19 cases.

“However, the more insidious and damaging threat to the health, lives, and economic well-being of Black Americans is a health care system that ignores the fact that, though they are most in need of medical services, they actually receive the lowest level.”

Why are Blacks in general more vulnerable to relentless pandemics? One reason is underlying health conditions. But that can be misleading, because the causes of some of those conditions are the poverty created by systemic racism that results in subpar education compared with whites. Having lesser education, and less financial resources, means less opportunity to compete for higher education, which means less opportunity for better paying jobs. Even those who manage to claw their way through these substantial obstacles and enter the job market with higher degrees face hiring discrimination based on race. The Harvard Business Review stated that an examination of 21 studies concluded that, due to racial stereotyping and unconscious biases, “hiring discrimination against Blacks hasn’t declined in 25 years.” The result is that African Americans are not only twice as likely to be unemployed, but even when employed they earn almost 25% less. To counter this, Black job applicants have taken to “whitening” their names and omitting ethnic information in order to get job interviews. Sadly, this has been effective. In a study published by Harvard Business School, 25% of Blacks using a whitened name on an application received a callback, compared to 10% who didn’t.

Another health factor caused by poverty is obesity. African Americans have the highest rate of obesity in the U.S., which contributes heavily to why Blacks are more prone to high blood pressure, strokes, diabetes, and heart disease. All of which figures into why Blacks have the highest death rates of any racial and ethnic group in America. Some of this can be attributed to genetics, but the larger cause is reduced access to healthy foods because grocery store chains are less prevalent in poorer neighborhoods, so they have to pay more money for lower quality foods. “National and regional supermarkets are typically full-service, with an extensive variety and assortment of food at competitive prices. Some even have pharmacies or minute clinics,” explained Anne Palmer, director of the Food Communities and Public Health program at the Johns Hopkins Center for a Livable Future, to CNN Business. “By bypassing Black or low-income communities, they exacerbated the problem of easy access to healthy food.” Fast foods are a cheap source of food, but a steady diet plays havoc with one’s health, especially in terms of obesity.

The problem with pulling any single thread—COVID-19, health risks, job opportunities—is that each thread is a single strand in a giant quilt that smothers the Black community. One thread leads to another, to another, to another—each forming an interlinking pattern that seems impenetrable and unassailable. A police officer crushing the windpipe of an unarmed Black man is related to not valuing Blacks, which is related to stereotypes about Blacks, which is related to how they are portrayed (or not portrayed) in media, which is related to not having educational opportunities, which is related to … and on and on.

One of the reasons Blacks are contracting and dying from COVID-19 at higher rates is because they work at what the government has defined as essential jobs more than any other ethnic group: 37.7% Black versus 26.9% white.

It’s hard to feel valuable to a society that doesn’t value your health or life. And yet, one of the reasons Blacks are contracting and dying from COVID-19 at higher rates is because they work at what the government has defined as essential jobs more than any other ethnic group: 37.7% Black versus 26.9% white. In health care and social assistance industries, the rate is even higher. So, they’re both essential, yet disposable, like protective gloves. The mistake is to think we can fix any one aspect of racism without fixing the others. That’s like having four flat tires and only fixing one. Education, the criminal justice system, the health care industry, the job market, low-income housing—these are all rungs in a ladder that must be solid enough to lift everyone up. Ending racism, like the Golden Gate Bridge, requires daily maintenance. Studies have shown that Black students do better in school when they have at least one Black teacher, that juries are more thorough and fair when they are diverse, and that Black babies survive more often under the care of Black doctors than white, regardless of the mother’s income. More Black teachers, jurors, and doctors—that’s our daily maintenance. Athletes kneeling during the national anthem, social media banning hate posts, politicians and celebrities condemning racist speech, police not profiling based on race, companies committing to financially supporting organizations fighting racism—that’s our daily maintenance. And not just for the next few months until the public relations spotlight has dimmed, but until the country proves through legislation and public behavior that it actually believes in liberty and justice for all.

It’s one of the reasons I chose to become the UCLA Health Ambassador. I wanted to reach out to the Black community to make sure they were receiving the medical and health information that could save their lives, just as it had saved mine. The health challenges that are endemic to our community can be effectively addressed if people know they have a place to go that will help them. UCLA’s Precision Health program is a new approach to treatment that targets care based on an individual’s profile of genes, environment, and lifestyle. When I was diagnosed in 2008 with leukemia, precision medicine was used to focus on the genetic mutation driving my disease.

“It’s as if the Black community is trapped in Groundhog Day in which every day we fight racism, prove it exists, see gains, and then wake up the next day to all the same obstacles.”

It’s also why I’m so proud of my son Amir, who chose to become a surgeon in an effort to help the Black community. He knew that Black men have the lowest life expectancy of any demographic group, living an average of 4.5 years less than white men. Part of the reason is that Black people have a reasonable trust issue with the medical profession dating back to the Tuskegee Experiment in which Black men were told they were being treated for syphilis, only to find out they weren’t so the government could secretly study the progression of the disease. A recent National Bureau of Economic Research study in the Harvard Business Review showed that Black men received more effective care when they had a Black doctor as opposed to a white doctor. As a Black doctor, Amir provides medical treatment for those who might otherwise be reluctant to seek it and, according to the study, provides more effective care. He also serves as a role model for Black children who might want to seek a career in science or medicine.

But even with all of the positive efforts my son and others might be making, the sad truth is, I could have written this article 50 years ago. It’s as if the Black community is trapped in Groundhog Day in which every day we fight racism, prove it exists, see gains, and then wake up the next day to all the same obstacles. In the movie, Bill Murray escaped the cycle by becoming selfless, caring more about others’ needs than his greedy desires. That’s how America will escape this self-destructive behavior. The future of equity for Black Americans starts with physical and mental health, and as long as they are at the end of the line for services, true equity can’t happen. Black lives have to matter in every aspect of American society if they are to thrive.

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By Taking a Stand Against Billionaires, Hockey Players Did Us All a Favor Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=57060"><span class="small">Abdul Malik, Jacobin</span></a>   
Sunday, 27 December 2020 09:48

Malik writes: "The NHL's superrich owners tried to shift the burden of their pandemic-related losses onto players. But the hockey players' union has successfully faced down their demands, setting an example that should ring out beyond the sports arenas."

In the NHL, owners are testing the waters to see how much more they can claw back from their largest operating expense: athletes' labor.(photo: Flickr)
In the NHL, owners are testing the waters to see how much more they can claw back from their largest operating expense: athletes' labor.(photo: Flickr)


By Taking a Stand Against Billionaires, Hockey Players Did Us All a Favor

By Abdul Malik, Jacobin

27 December 20


The NHL’s superrich owners tried to shift the burden of their pandemic-related losses onto players. But the hockey players’ union has successfully faced down their demands, setting an example that should ring out beyond the sports arenas.

n December 8, the National Hockey League (NHL) announced they were working with the National Hockey League Players’ Association (NHLPA) to finally start a long-delayed season in January 2021. The agreement that confirmed a return to play was ratified on December 20.

The NHL’s resumption has been a pressing question for fans and players alike, but the December 8 announcement buried the most important piece of news: the league is withdrawing its request for players to amend their newly ratified Collective Bargaining Agreement (CBA) by deferring 13 percent of their salaries through the new season.

Before the August bubble that completed the 2019–20 season began, the NHL and the NHLPA had ratified an extension of the current CBA. The July CBA extension was already amended to include a 10 percent pay deferral for the 2020–21 season and a number of inflation-related increases to salaries and bonuses.

The request to amend the CBA to defer an additional 13 percent of compensation “blindsided” the NHLPA, and was met with extraordinary displeasure from union members. This was a bad-faith move by league owners trying to maintain their profit margins in a year when team values have reportedly declined.

Fears in the business world about teams taking loans in order to cover their losses ignore the fact that — even before Trump’s tax cuts for billionaires — the NHL had been posting massive profits. The request for player compensation deferral was a strategic move by the league. Owners are testing the waters to see how much more they can claw back from their largest operating expense: athletes’ labor.

Salary Caps, Pay Cuts, and COVID-19

The NHL employs a revenue-sharing agreement that funnels money from successful teams to “less fortunate” ones specifically to cover player payroll. It sets the split between owners and players at fifty-fifty.

At least one study has demonstrated that this agreement improves the overall competitiveness of the league and leads to greater investment in players. However, it also gives the richest team owners an incentive to find ways of reducing payrolls and capping salaries.

The revenue-sharing agreement is already slanted in favor of team owners. The NHL holds a certain percentage of players’ salaries in escrow. If those salaries prove to be in excess of owners’ revenues, that escrow is returned to the owners in order to “equalize” payments.

In 2020, the amount held in escrow was not enough to cover the league’s shortfall. The players had received more money than the amount held in escrow. The NHL responded by claiming that players had been overpaid.

The NHLPA blinked, agreeing to increased deferral and escrow demands. In effect, the request for players to defer more of their salaries meant asking people who rarely receive the full amount of their stated contract to bear a greater financial burden, just so their bosses wouldn’t have to.

Of the three major North American sports leagues that have a salary cap, the NHL’s, at $81.5 million, is the lowest. Even the lowest-valued team, the Arizona Coyotes, has an estimated value over three times greater than the cap maximum.

The salaries for professional sports stars leave most people envious, and this may all seem far removed from the experience of ordinary workers. But labor relations in the NHL actually mirror what’s happening in more conventional workplaces all over the world.

Labor In the Rink and Beyond

Professional sports unionism is a complex field, combining high — often very high — salaries with exploitative conditions. However, stripped down to its basic elements, it functions like any other sector of the labor market.

Team owners exploit the labor of their workers in the same way as other employers, by grabbing the vast bulk of the value that players generate. They deploy a variety of anti-union tactics to ensure ballooning profit margins. Of course, there’s one clear difference between players and the majority of regular workers: negotiations over sports contracts unfold in the glare of media spotlight.

Sports unions occupy a visible position of influence that is rare in today’s world. Bosses often use media coverage to their advantage, mobilizing public opinion against players by declaring them overpaid and entitled, or rebranding a wildcat strike as a boycott.

Economist Lawrence M. Kahn has described the business of sports as a “labor laboratory.” His research noted parallels between the treatment of athletes and government or health care workers bargaining for labor contracts. Kahn also found race-based wage gaps among athletes that resemble those in other employment sectors.

Professional athletes obviously aren’t in the same position as nurses, for example. However, there are similarities in the way a rhetorical celebration of their labor papers over the reality of mistreatment and exploitation.

For all the stereotypes of greedy, overpaid athletes, sports labor stoppages usually take the form of lockouts rather than strikes, with owners taking the initiative by freezing out players. This approach is often successful, because professional athletes have relatively short careers and can’t afford the lost earning potential.

An Example For All

The NHLPA has been one of the most combative unions in professional sports. Their defiance led to the unprecedented cancellation of the entire 2004–5 season because of a lockout. The CBA amendments ratified in July had been preceded by rumors of another potential lockout. NHL players, having already suffered major losses in previous labor conflicts, didn’t want to make it a hat trick for the owners.

NHL players were under no obligation to agree to the recent salary deferral request. However, the league presented that request as part of the return-to-play negotiations, and probably expected that this approach would compel players to accept it.

But players would not budge. With revenues from the last NHL season down because of the pandemic, owners had to lump it if they wanted to get things moving again. They disingenuously presented the deal as one in which “both sides” had agreed to keep the July agreement in place, obscuring the fact that there was only one side looking for changes in the first place.

When baseball players capitulated to owner demands during the 2020 season, it simply emboldened MLB owners to insist on more concessions. In contrast, the NBA and the NBPA staved off the unilateral termination of their CBA for the 2020–21 season, although there is a mutual opt-out clause that will come into effect the following year. Both sides are waiting to see where the chips fall this season, but memories of last summer’s wildcat strike are sure to influence the behavior of owners.

The NFL got rolled on its pandemic-related CBA amendments after certifying a new, ten-year CBA in March that featured deferred compensation and inadequate rules to take account of COVID-19. It remains to be seen what the proposed amendments for next season will look like, but the NHLPA’s display of backbone will surely not go unnoticed.

The intense media spectacle that surrounds professional sports has all kinds of negative consequences, both for athletes and society as a whole, but it also comes with a silver lining.

Player struggles are worker struggles, and the collective achievements of unions like the NHLPA can set an example well beyond the sports arenas, at a time when employers everywhere are using the pandemic as an excuse for austerity. The NHLPA took a stand and reaped the benefits. We should all be doing the same.

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RSN: Filthy Prison Showers OK for Women, Rules Vermont Judge Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=20877"><span class="small">William Boardman, Reader Supported News</span></a>   
Saturday, 26 December 2020 13:35

Boardman writes: "Vermont's only prison for women is, by all accounts, a ghastly place. The facility was never intended to be a prison. The facility was never intended to house women. Built as a men's detention center in the 1970s, the facility is inadequate to provide what any reasonable person would consider adequate health and safety conditions for as many as 160 incarcerated women."

'The United States has more than 2 million prisoners, perhaps most of them in unconscionable conditions.' (photo: EPA)
'The United States has more than 2 million prisoners, perhaps most of them in unconscionable conditions.' (photo: EPA)


Filthy Prison Showers OK for Women, Rules Vermont Judge

By William Boardman, Reader Supported News

26 December 20


“The degree of civilization in a society can be judged by entering its prisons.”

? Fyodor Dostoevsky


ermont’s only prison for women is, by all accounts, a ghastly place. The facility was never intended to be a prison. The facility was never intended to house women. Built as a men’s detention center in the 1970s, the facility is inadequate to provide what any reasonable person would consider adequate health and safety conditions for as many as 160 incarcerated women.

The Vermont women’s prison, formally known as the Chittenden Regional Correctional Facility (CRCF) in South Burlington, came into being in August 2011 as a political effort to reduce the state budget pushed by then Governor Peter Shumlin, a military-industrial Democrat who also supported basing the nuclear-capable F-35 in Winooski. Shumlin pushed both projects with grand promises of benefits that have yet to be fulfilled.

In 2011, everyone knew the women’s prison was being placed into a deteriorating and inappropriate facility, but rehabilitation and new construction were promised. And the change gave prison reformers hope that bringing all of Vermont’s women prisoners to one location would create “an opportunity to create a new correctional paradigm” that would better serve community needs.

By February 2012, prison reformers wrote a white paper warning that:

… there are disturbing signs that we’re not only falling short of the Governor’s vision, but are on track to erode a decade’s worth of progress in our work with incarcerated women. We must face this reality squarely and address the conditions at CRCF before policy and practice are fully formed, before we forget that the move was to be so much more than a cost-saving measure. Immediate steps must be taken to ensure the health, safety and human dignity of Vermont’s incarcerated women.

The white paper detailed four pages of shortcomings at the women’s prison, including an “ailing physical plant and crowded conditions that compromise physical health, personal safety, and human dignity.” The list included “worms and sewer flies” coming out of the prison’s only two shower stalls.

Almost nine years later, that condition persists unabated and Vermont Superior Judge Samuel Hoar Jr. treats it as a meaningless triviality. In a December 8, 2020, court decision defending the Department of Corrections, Judge Hoar wrote:

There is no competent evidence, however, to suggest that any aspect of the condition of the H2 shower room is anything more than episodically unpleasant. Specifically, no evidence supports a finding that there is any kind of health or safety risk, much less that any aspect of the shower room’s condition has caused injury or medical issue of any kind. In short, like an outdoor privy, the shower room may not be a place where one would choose to linger, but it appears to serve its most basic function.

Judge Hoar’s sanitary obtuseness might seem breathtaking coming from any neutral observer. But Judge Hoar has a documented history of callousness toward women for which he felt compelled to apologize publicly in order to retain his seat on the bench in 2019. His apology was substance free, verbally contorted, and not a little narcissistic. A sample: “I want to do everything I can to feel that I never feel how these two women have felt and that I change and improve to address the other negative comments that I have received.”

Judge Hoar’s written decision in Conte vs. Touchette et al is full of similarly tortured language and a muddied argument that affirms the plaintiff’s complaints only to say they don’t matter. Most of his discussion involves a legalistic pondering of whether the Department of Corrections has a duty, as state law puts it, to “maintain security, safety, and order” at correctional facilities. Judge Hoar cites this statute, even though it refers to responding to “disorder, riot, or insurrection,” not forcing inmates to shower in a virtual outhouse.

Conte vs. Touchette is an action brought by an inmate of the women’s prison, Mandy Conte, who has been incarcerated there since February 2019. Later that year she wrote to the Vermont weekly Seven Days with allegations that male prison guards had sexually assaulted other women inmates. The paper investigated, the charges stood up, and the public scandal led to a number of dismissals and resignations, including then Director of Corrections Mike Touchette.

Also in 2019, Mandy Conte formally grieved the condition of the prison showers through the prison grievance process. As Judge Hoar acknowledges, she followed the grievance process to its logical conclusion despite receiving denials each step of the way. In September 2019 she filed suit in Superior Court against the Department of Corrections (while Touchette was still commissioner). Attorney Kelly Green, a staff attorney in the Prisoners’ Rights Office of the Office of the Defender General, represented Mandy Conte. Five days before the October 20 trial, Green tweeted with reference to the women’s prison:

It’s disgusting. Come to my trial next week about the sewer flies and mildew in the shower room. About 35 women must use two shower stalls and there is no working ventilation.

In the shambles of his written decision, Judge Hoar does not make detailed, explicit findings of fact but rather sprinkles them somewhat randomly through his argument. His approach is tentative. He says that the drain and ventilation systems “appear” to be showing their age,” that the drain system “appears” to breed sewer flies, and that the Corrections Dept. “appears” to have taken reasonable remedial steps. In a revealing footnote, Judge Hoar writes:

Notably, there was no testimony as to what a “sewer fly” is, much less whether or in what degree of infestation “sewer flies” are either themselves a health risk or symptomatic of some other condition that is itself a health risk. If either of these facts is a matter of common knowledge, that is an element of knowledge that has nevertheless eluded the court, and so requires expert proof.

This footnote seems to reveal something like judicial malpractice. That sewer flies are unacceptable was unchallenged by either side, so why does the judge make it an issue after the trial if not to support his apparent bias in the state’s favor? The state’s behavior acknowledges the sewer fly problem by trying to eliminate it time and again. The sewer flies have been a chronic problem documented over more than nine years. If the judge needed edification on a matter agreed to by opposing sides, he had a responsibility to inquire on the record, not ambush the parties after the fact.

Judge Hoar does not mention the worms, leeches, or maggots that have been identified in the prison shower. He does not mention the smell even though Mandy Conte testified, “It smells like a sewer.” He does not mention Mandy Conte’s foot infection attributed to the shower filth in court papers. The judge’s evidentiary findings are demonstrably selective, all favorable to the state.

Whatever his motivation, Judge Hoar’s order is a travesty of human decency even more than judicial process. He wrote: “The outcome might be different if there were proof of actual threat to health and safety.” Then he quoted a 1992 case that appears to reveal his perspective:

Because society does not expect or intend prison conditions to be comfortable, only extreme deprivations are sufficient to sustain a ‘conditions-of-confinement’ claim.

Judge Hoar here seems to imply that nine years of sewer-like conditions, with repeated outbreaks of sewer flies, worms, and leaches, with pools of standing dirty water, and with poor or no ventilations is somehow not an extreme deprivation. Really? This is a fundamentally primitive view of prison policy, a view Vermont has prided itself on improving. Vermont is considered one of the most enlightened states in the country on prison policy. But policy makers like Judge Hoar illustrate why, compared to other countries on a global scale, Vermont is in the bottom ten per cent.

Vermont is one of the best of the United States. The United States has more than 2 million prisoners, perhaps most of them in unconscionable conditions, especially those in private prisons or ICE custody. The cruelty and psychic numbing portrayed by Judge Hoar are part of a vast national problem of long standing.



William M. Boardman has over 40 years experience in theatre, radio, TV, print journalism, and non-fiction, including 20 years in the Vermont judiciary. He has received honors from Writers Guild of America, Corporation for Public Broadcasting, Vermont Life magazine, and an Emmy Award nomination from the Academy of Television Arts and Sciences.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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