Whip it good

It appears the mantra, Defund the Police, may be dead and buried. Minnesota having another trial of a Police Officer who killed a young man thinking she was pulling out a taser vs a gun begins this week, they also voted to not defund the Police through a bill that would have replaced the Police Department with a new Department of Public Safety, one focused on public health solutions.

Austin in 2020 had also created a board, Reimagining Public Safety Task force, to study and report on issues that have been cited in many of the issues regarding Police and Public safety. (Such as traffic stops and no knock warrants as an example) It has made legit recommendations; HOWEVER, that same board has had so many restrictions with regards to its presentations, their reports and other concepts that many did not make it to the City Council for review. But on a positive note they did remove $150 Million from the Police Budget for other areas of public health and safety. How that will play out is yet to be seen as again the recommendations and ideas from the panel were not well reviewed or even properly presented, and this may be Austin but it is still Texas folks.

And with that we still forget that the Police are just one cog in the wheel of Justice and that is one slow wheel. The Prosecutors, the Defense Attorneys, Judges, Private industry that manages anything from Jails to Parole services all have an interest in the way it plays across the spectrum and they are the last to want to take a cut in their interests and roles. Money talks and no one walks in this corrupt revolving door of the halls of injustice.

Of late there have been many stories of those recently freed due to some of the issues surrounding their cases, the most famous is the man accused of raping the author, Alice Sebold. This for me is a very classic case of the Railroad Car of Justice. And there have been other stories of those denied parole because they refuse to apologize and admit guilt when they never committed the crimes. Again this is a very critical element of justice and it is fucking punitive. I say this as there is nothing in the statues or laws that govern punishment and sentencing that require this and if so then why not do it at trial and see if that gets you out of jail free. Nah, not happening. The shame and metaphor of that comes from religion folks, you know the Church that we the State are distinct from, supposedly.

And with that I want to point out that New York holds the award for the state with the most wrongful convictions in the US. Wow thought that one would go to Louisiana. No it is Illinois and Texas for the second and third place winner. But the issue here is very key to note, convictions; Not all cases make it to trial, they are plead out and punishment is levied in a distinctly separate hearing with no opposing Attorneys often present. It is sort of a fait acompli and that is why NY leads, they simply burn through more criminals. And this is also a reflection of a system that tolerates laziness. I have yet to meet anyone in that system that does not define the word LAZY. I was listening to a podcast, Suspect, Campside, about a murder in the Seattle area around the same time I was still living there. And this is an excellent example of how bad the Police fail to do their job and the rest line in place. The only exception was the Public Defender who was a rare breed of dog who actually gave a shit. This again is an exception to the rule, watch on Netflix another case in Seattle around the same time, Unbelievable, to see the level of incompetence play out there.

When I read this in the Times yesterday it again drove the point home that defunding the Police is only one part of a very complex puzzle where the pieces seem to interlock in ways that make it harder to take apart than put together. But these men and women are actually douchebags who often leave the public sector to become private counsel using their connections and inside knowledge to manipulate their clients into believing they actually do work and find solutions, when in reality they are just doing what they always did – as little as possible. Next please! So reform them too.

How Can You Destroy a Person’s Life and Only Get a Slap on the Wrist?

Dec. 4, 2021 The New York Times Opinion

By The Editorial Board

The editorial board is a group of opinion journalists whose views are informed by expertise, research, debate and certain longstanding values. It is separate from the newsroom.

Prosecutors are among the most powerful players in the criminal justice system. They can send a defendant off to years in prison, or even to death row. Most wield this power honorably. Yet, when prosecutors don’t, they rarely pay a price, even for repeated and egregious misconduct that puts innocent people behind bars.

Why? Because they are protected by layers of silence and secrecy that are written into local, state and federal policy, shielding them from any real accountability for wrongdoing.

New York City offers a prime example of a problem endemic to the nation. Consider the city’s official reaction to the barrelful of misconduct in Queens that a group of law professors recently brought to light. As The Times reported last month, the professors filed grievances against 21 prosecutors in the borough — for everything from lying in open court to withholding key evidence from the defense — and then posted those grievances to a public website.

These weren’t close calls. In every instance an appeals court had made a finding of prosecutorial misconduct; in many cases the misconduct was so severe that it required overturning a guilty verdict and releasing someone from prison. Three men wrongfully convicted of a 1996 murder were exonerated after 24 years behind bars. But that rectified only the most glaring injustice. To date, none of the prosecutors have faced any public consequences. Some are still working.

How did the city respond to this litany of widespread misconduct by its own agents? It went after the professors who publicized it.

In a letter to the committee that handles misconduct charges, New York City’s top lawyer, known as the corporation counsel, accused the professors of abusing the grievance process “to promote a political agenda” and of violating a state law that requires formal complaints about lawyers’ conduct to be kept secret unless judicial authorities decide otherwise. (They virtually never do.) The grievance committee agreed to punish the professors by denying them access to any future updates on their complaints — even though state law requires that complainants be kept informed throughout the process. The upshot is that the committee could dismiss the complaints tomorrow and no one would know.

For good measure, the corporation counsel then sought to keep secret the letter requesting the professors be punished for violating the secrecy law. This isn’t just shooting the messenger; it’s tossing the gun into the East River and threatening anyone who tries to fish it out.

We know about all this because the professors sued the city in federal court, claiming that the secrecy law infringes on the First Amendment. How could it not? If someone tells a Times reporter about a prosecutor’s misconduct, the reporter is free to write a story addressing those allegations for all the world to see. But if the same person files a formal grievance about the same misconduct with the state, she’s barred from talking about it. It’s not even clear what the punishment for violating the law would be — as evidenced by the fact that dozens of prominent lawyers, including former New York judges and even prosecutors, went public with grievances they filed against Rudy Giuliani over his role in Donald Trump’s efforts to subvert the 2020 election and encourage the Jan. 6 riot at the Capitol. To date, none of these lawyers have faced public sanctions for speaking to the press.

In theory, the secrecy law exists to protect lawyers from being smeared by frivolous complaints, but that rationale makes no sense when applied to prosecutors, who are public officials doing the state’s work. In the Queens cases, their misconduct is already a matter of public record. Even if it weren’t, there is no principled reason to prevent the public airing of complaints — not to mention public hearings — against officials who have the power to send people to prison. Certainly the defendants they face off against in court don’t enjoy such privileges.

New York shelters its lawyers from disciplinary measures more than most states in the country, even as it ranks near the top in total number of exonerations — a majority of which are the result of misconduct by prosecutors.

Meanwhile, the few attempts to increase oversight of New York prosecutors have been stymied. A 2018 law established a commission specifically to deal with prosecutorial misconduct in a more independent and transparent way. But the state district attorneys’ association challenged it and a court struck it down as unconstitutional. Lawmakers designed a new commission this year, but it appears that no commissioners have yet been appointed to it.

New York’s prosecutor-protection racket is, alas, far from unique. In Washington, the Justice Department aggressively shields its own prosecutors from outside accountability thanks to a 1988 law that lets the agency essentially police itself. All other federal agencies — and even parts of the Justice Department, like the F.B.I. and the Drug Enforcement Administration — are subject to oversight by independent inspectors general, who conduct thorough investigations and issue lengthy reports with their findings. Federal prosecutors skate by on an internal review process that is run out of the Office of Professional Responsibility, whose head is appointed by, and reports directly to, the attorney general. The office almost never makes its findings public, and when it does it often provides only a brief summary months after the fact. In the words of one legal-ethics expert, it’s a “black hole.” (By contrast, the inspector general’s office of the Justice Department just released its semiannual report, as it is required to do by law, detailing the 52 reports it issued between April and September of this year, as well as the closing of investigations that resulted in 68 convictions or guilty pleas and 66 firings, resignations or disciplinary actions.)

The level of scrutiny that federal prosecutors are subject to matters so much because they are just as prone to misconduct as their state and local counterparts. Take the botched prosecution of former Senator Ted Stevens of Alaska on corruption charges, or the legal green light Justice Department lawyers gave interrogators to torture terrorism suspects, or the more recent revelation that Jeffrey Epstein, the sexual predator, got a sweetheart deal in 2008 from his prosecutor, Alex Acosta, who later became labor secretary in the Trump administration. Yet in the latter two cases, the Office of Professional Responsibility found no misconduct. Mr. Acosta was guilty only of “poor judgment,” the office said. In the Stevens case, the office found misconduct but said it was unintentional, and it let the prosecutors off with a slap on the wrist. Have there been other similarly egregious failures to hold prosecutors to account? Almost certainly. But we don’t know because the Justice Department doesn’t tell us.

There is no principled reason for federal prosecutors to avoid the accountability expected of all public servants. Their exemption from the general rule was adopted in 1988 as a favor to Dick Thornburgh, who was then the attorney general and had tried to derail the creation of an inspector general for the Justice Department. Years later, Mr. Thornburgh admitted he had been wrong. “This is a highly professional operation that goes where the evidence leads and is not directed by the way the political winds are blowing,” he said at a gathering marking the law’s 25th anniversary in 2014. “I’ve come to be a true believer.”

So have large numbers of Republicans and Democrats in Congress, a remarkable fact at a moment when the parties can’t agree on the time of day. Their fix is straightforward: Eliminate the loophole in the 1988 law and empower the inspector general to review claims against federal prosecutors, just as the office currently does in cases involving other Justice Department employees. A Senate bill co-sponsored by Mike Lee, Republican of Utah, and Dick Durbin, Democrat of Illinois, would do exactly this. Yet Attorney General Merrick Garland is continuing in the tradition of his predecessors by opposing any change to the existing system.

Prosecutors can work in the interests of fairness and justice, but they can also cheat and destroy people’s lives. They should be held accountable when they do — both to vindicate their victims and to help ensure that they can’t do it again.

The Fugitive

Well as the under-utilized naval ship sailed away from the harbor (whosever idea that was showed how tax payer dollars are abused that one was it) to the temporary closing (as in still set up but not being used) Javitz Center and the tents of the Salvation Army or whatever weird fucking religious crew run by homophobe Franklin Graham on public lands, which could have been used well for the public to go while being locked down, get folded up we are back to just the overworked and underprepared/supplied public hospitals, and those private ones stocked by Warren Buffet, to treat the  new/next/more Covid patients. The ones in the prisons or in Convents, nursing homes well you will be fine if no one notices you are dead.  And well even those on the Subway, again wondering how many hours those bodies were there shedding viruses or whatever caused them to die.  Remember if you are not tested POS for Covid and you die you die of that but still are likely counted as dead by Covid, maybe or maybe not. Who knows?  Does anyone care?  Well apparently law enforcement does.

I had read about arrests, chases and hunts of others in other less democratic countries who had escaped Covid treatment facilities; such as the woman in Chile, Russia, India , Africa and even Israel. 

When I read this article in the Tennessean about a homeless man who “escaped” the Covid facility from the fairgrounds (where I lived only about a mile away) and was set up exclusively for homeless it again made me wonder who was being treated at the varying satellite facilities in New York and New Jersey. Something tells me not the insured or the white but what do I know? Well nothing as they don’t tell you shit screaming HIPAA laws. Well wrong again.

Yes folks buried in the article was the policy regarding HIPAA and the ruling on public safety (of which there are many guidelines) .  Good times as this is what I had been looking for when I tried to explain to someone that HIPAA does not apply in the case of COVID as it is highly infectious and back in the day during the height of the AIDS crisis that debate raged as it was believed solely blood born and sexually transmitted.  Then came the Ryan White story and the affect on the blood supply and well game on and hence the law in New York that if you have had sex in the last 6 months you cannot donate blood despite that all blood regardless of donors sexual history is tested for any disease including AIDS.  That is called the work-around. And of course with Covid that is contagious via close contact,  the same way but without sex, meaning that coughing, sneezing, drooling, vomiting, diarrhea,  heavy sweat (as in a fever) makes this virus virulent and highly transmittable.  No it is not again in the air like measles, whooping cough or TB all by coming into contact via the air.  Covid is  flu like and that means close prolonged contact.  So keep moving and when out wash your hands immediately upon returning from those essential errands, then clean the surfaces that anything you brought in touched and dispose of those items, toss the gloves, the mask in the trash or in turn wash your mask after wearing and then finally clean your skin, such as a face or exposed areas again to eliminate any potential infection.  But no the virus is not floating in the air in the same way airborne diseases are unless again in a confined space.. you know the ones I keep mentioning.  But if you live in an apartment or home with others they have to follow the exact same protocol which means intense cleaning and agreement on that policy and good luck with that.  You might want to escape too.

I am all for my civil rights being ignored in a public health crisis and in a state of emergency, again 9/11 anyone. And that little office that housed ex-patriot Edward Snowden, is an example of what they did in the surveillance state. We have the capability and technology, Stingray’s anyone?  All available to monitor and track and trace people. So to have corporations such as Google and Apple come up with an App for that, I say no thanks.  Sorry but no. They are already underfire for either not providing or providing such information to law enforcement to use at their discretion and those cases of SWAT arriving at doors and taking down bad guys has worked out so well or not. What.ever. you decide.  And that is the problem, the lack of consistency, oversight, regulations and other issues that well ended up with stop and frisk, the drug wars and the new Jim Crow and the incarcerations of black men. It ends up with immigrants being detained for no actual crime and of course just innocent people getting caught in the crossfire.  So no thanks on that one.

I don’t take my phone anywhere.  I have a daily journal that I mark where I go and what I did that day and in turn most likely would provide that info if asked but most likely I would also tell the usual suspects whom I do contact regularly what my status is.  I also would do the testing at a private physician to speed up the results and also keep them private as unless I go to a hospital as it is a need to know basis and who needs to know?  I also know that as I am single, a woman and without an advocate I would be shoved onto a ventilator or put in some satellite facility as I don’t have health insurance.  So yes death panels do exist.   It is also why the journal along with all my directives, will and the like sits on my desk.  I have no ICE and there is no need as I am quite clear and there can be no confusion with it clearly marked and dated.  It is also notarized and updated annually.  So I have learned first hand how neglectful and abusive hospitals are.  Ask me about my experience at Harborview Medical Center in Seattle in 2012. They treated me like animal and I will never cheer medical personnel for as long as I live as a result.

Why this is so bad is  because right now no one is tracking, testing or tracing.  A woman here in Jersey City died from a heart attack brought on by an asthma attack; she originally was turned away from a hospital as she did not exhibit ALL of the symptoms(as if anyone does), got worse and by the time she returned to the same facility she was too ill and died.  Her death is listed as the result of a heart attack. Okay then, as she was never tested even in post mortem and yet since that time 9 others in her same building have all tested positive, a sort of mini hot zone if you will.  None of them knew about the other and there you go and the building was not cleaned or even touched to reduce the spread from day one.. at least in my building where we “know” of three units none of the staff knew until after and they are pissed, one quit.  So there you go. So much for public safety. Again the virus from symptoms to actual affects on the body varies and so if you are in at “at risk” group you should be tested immediately if one symptom is present, not because of a checklist, and in turn if you have other health issues immediately put on a 24-48 hour watch (many times it is week two when all hell breaks lose)  and that can be at a satellite facility with close contact upon release to ensure you are receiving appropriate, contactless care and in turn tested upon having no symptoms. That has not happened and again if it has what are the numbers for those cases and the results?

So why would you not escape as you aint’ getting shit. And neither are we.  And I would be happy to allow these facilities or organizations and hotels that are open of these kind of business to be available to treat all kinds of COVID patients and the like if they are just that, equipped, trained and able to do so.  Not so sure about that either as if you are short of PPE, etc then what do they have and are they able to do anything but handle the most minor of cases and if they do code then what?  So if this is about public safety and tax dollars we have the right to know and HIPAA has allowed us that much so cough it up… pun intended.

Tennessee, Nashville health officials provide names of those testing positive for coronavirus to police

Natalie Allison and Yihyun Jeong, Nashville
 Tennessean May 8, 2020

Gov. Bill Lee says the state’s release to police departments and sheriff’s offices the names and addresses of Tennesseans who have tested positive for the coronavirus is necessary to protect officers’ lives — information that is also being independently shared between city health officials and police in Nashville.

Lee told reporters at Second Harvest Food Bank in Nashville on Friday the details are only for those working “from a law enforcement standpoint” to know who has tested positive.

“We believe that that’s appropriate to protect the lives of law enforcement,” Lee said when asked why police need the information

The Tennessee Lookout, a new nonprofit news organization, first reported the agreement between local law enforcement agencies and the state Department of Health, which is releasing the information.

The agencies receiving lists from the state of individuals who have contracted the coronavirus include the Knoxville Police Department, the Nashville Airport Authority, the Montgomery County Sheriff’s Office and dozens more.
Nashville health officials share coronavirus patient data with police, fire officials

Separately, in Nashville, the Metro Health Department confirmed to The Tennessean Friday that officials have been providing to the Metro Nashville Police Department the addresses of people who have tested positive or are quarantined for COVID-19.

The data is inputted into the police department’s computer system so that any officer who has contact with an individual who has tested positive for the virus can take additional precautions, Metro Health spokesperson Brian Todd said.

Metro police spokesman Don Aaron said in a similar statement the department uses the information so officers can “take additional precautions.”

The information is also put into the Department of Emergency Communications dispatch system so that fire and EMS workers responding to an address can take steps to use increased personal protective equipment and distancing protocols.

“At no time is this data shared with the U.S. Immigration and Customs Enforcement (ICE) or the Davidson County Sheriff’s Office,” Todd said in a statement.

In a statement, Cooper spokesperson Chris Song reiterated Todd’s comments, and said the information is “safely kept” among Metro agencies.

“We are taking necessary precautions to protect both our first responders and our residents, including those who are part of Nashville’s diverse immigrant communities,” Song said, adding officials are communicating with community partners that the information will not be shared with federal immigration authorities.

“As Mayor Cooper has stated repeatedly, everyone deserves to feel safe in our community, including our front line personnel and the valued members of our immigrant communities,” he said in a statement.

Though the data isn’t not shared with the sheriff’s office, the health department said if a police officer arrests a person who has tested positive for COVID-19, they will inform sheriff’s personnel when releasing them into their custody.

All public safety personnel have been noticed that the information cannot be publicly released and is for “official use only,” Todd and Aaron said. Unauthorized use is a violation of Metro police policy.

The information is updated regularly, and once a person has recovered from COVID-19, they are removed from the list.

According to the Tennessee Department of Health, as of Friday 68 police chiefs and sheriffs have signed on to a memorandum of understanding that they will receive a running list of names and addresses of individuals in Tennessee “documented as having tested positive, or received treatment for COVID-19.”

The list is updated for law enforcement each day, the MOU states, and individuals’ names are removed from the list after 30 days.

Metro police and the Davidson County Sheriff’s Office have no plans to move into an agreement with the state, according to both Aaron and Todd.

Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee, criticized the policy’s impact on privacy and said it’s more important for law enforcement “Protecting the health of first responders is certainly an important priority. However, as public health experts have noted, disclosing names and addresses of positive cases does not protect first responders, as many people have not been tested and many people who do carry the virus are asymptomatic,” Weinberg said in a statement.

“Disclosing the personal information of individuals who will never have contact with law enforcement raises fundamental concerns about privacy without yielding a significant public health benefit. It is incumbent that any government policy implemented during the pandemic be grounded in science and public health and be no more intrusive on civil liberties than absolutely necessary.”

The Tennessee Immigration and Refugee Rights Coalition has worked during the pandemic to reduce barriers preventing immigrants statewide from getting care and have formally partnered with Metro Nashville and other organizations to increase more community outreach.

In a statement posted on Twitter Friday, TIRRC said the state’s policy to share information with law enforcement should be “rescinded immediately.”

“This completely undermines all of the work organizations like ours are doing to encourage people to go get tested. This will exacerbate the public health crisis,” TIRRC said.

The group did not immediately respond to a request for comment about Nashville’s policy.

Lee said Friday the state was providing this information to law enforcement agencies in compliance with guidelines put forth by the federal Department of Health and Human Services.

A document published by DHHS’ Office for Civil Rights states the HIPAA Privacy Rule permits an entity like a health department to release protected health information to first responders “to prevent or lessen a serious and imminent threat to the health and safety of a person or the public.”

Shelley Walker, spokesperson fro the Tennessee Department of Health, said in a statement the department “believes these disclosures are necessary to avert a serious threat to health or safety.”

More than 14,000 people in Tennessee have tested positive for the virus.

Lee defended the information only being made available to law enforcement and not other front-line workers, such as grocery store employees who also must interact with possible coronavirus patients, by saying that officers are “required to come into contact with these people.

“We know that first responders are required to and law enforcement are required to come into contact with these people as part of their job,” Lee said. “That’s why Health and Human Services gave that guidance to states and that’s why we’re implementing that.” to focus on offering officers proper protective gear as a way to keep them safe.

“Protecting the health of first responders is certainly an important priority. However, as public health experts have noted, disclosing names and addresses of positive cases does not protect first responders, as many people have not been tested and many people who do carry the virus are asymptomatic,” Weinberg said in a statement.

“Disclosing the personal information of individuals who will never have contact with law enforcement raises fundamental concerns about privacy without yielding a significant public health benefit. It is incumbent that any government policy implemented during the pandemic be grounded in science and public health and be no more intrusive on civil liberties than absolutely necessary.”

Nurse Jackie

Thought that was a TV show? Well yes, that too.

I read this op-ed today and thought with the supposed War on Drugs maybe they need to start no knock warranting and raiding local hospitals and look for their own drug dealers and users, the ones in scrubs.

One more reason to say fuck you to the Medical profession who loves to throw labels and names under the aegis  of “diagnosis.” And then get their meth labs otherwise known as Big Pharma to stop pushing their crap to make those shareholders happy. Wouldn’t just a nice song or dance be enough.  We could have the Poors do the Shirley Temple meets Bojangles redux to make the nice white men feel good about exploiting people.

Meanwhile back at the Manse, the stoned health care providers are doling out the drugs…one for you and one for me. Nothing says care and health more than jacked up Doctors, Nurses, et. al. Takes one to know one I guess.

Why Aren’t Doctors Drug Tested?

By DANIEL R. LEVINSON and ERIKA T. BROADHURST
MARCH 12, 2014

l. We all know that medical care involves risks, but what patients don’t expect is that the doctors, nurses and other staff members charged with their care may deliberately cause them harm. As an important recent case demonstrates, that’s exactly what can happen without stronger controls.

David Kwiatkowski was a medical technician and a prescription-drug addict who worked in more than a dozen hospitals in eight states. He stole the painkiller fentanyl that staff members had prepared for patients awaiting cardiac catheterizations. Mr. Kwiatkowski would take the prefilled fentanyl syringe, inject the drug into his own arm, refill the used syringe with saline, and replace it. Saline was not all he added to those contaminated syringes: Mr. Kwiatkowski has hepatitis C, a potentially fatal virus.

Over the course of a decade, he left a trail of 45 unexplained hepatitis C cases, including two deaths, before finally being arrested in New Hampshire. This past December, he was sentenced to 39 years in prison. Mr. Kwiatkowski’s surviving victims live with the consequences of his crime as well: David Porter (who happens to be a retiree from our Boston office) had to have a leg amputation. Alden Sanborn suffered liver failure.

As the inspector general for the Department of Health and Human Services and a special agent who investigated the Kwiatkowski case, we believe that this case, and others like it, show that our hospitals are not protecting patients from drug tampering.

Mr. Kwiatkowski concealed his job history. But regulations and procedures that differ from state to state, and even from institution to institution, enabled him to continue destroying lives. We know of only two instances when calls were made to law enforcement officials on suspicions that Mr. Kwiatkowski was stealing drugs. Both times, he left the state before any action was taken. Most hospitals didn’t call the police. They also didn’t communicate his job history to agencies and institutions to prevent his being hired again.

This case is not unique. In Denver, a former surgical technician, Kristen Diane Parker, was sentenced to 30 years in prison in 2010 after doing the same thing as Mr. Kwiatkowski: injecting herself with fentanyl and refilling the used syringes with saline or water. She infected over a dozen patients with hepatitis C. In Florida, Steven Beumel was sentenced to 30 years in prison in 2012 for similar actions that infected at least five people with hepatitis C. One victim underwent a liver transplant and later died.

Hospitals can do more to protect patients. Improved security, such as surveillance of drug storage areas, tighter chain of custody on drugs, and better tracking of controlled substances are obvious areas to target.

But we should go further. We believe hospitals should be required to perform random drug tests on all health care workers with access to drugs. The tests should be comprehensive enough to screen for fentanyl and other commonly abused drugs and must keep up with evolving drug abuse patterns.

Another step is to require medical centers to call law enforcement agencies if they suspect a health care worker of stealing drugs. “These are federal crimes,” said John P. Kacavas, the United States attorney who prosecuted Mr. Kwiatkowski in New Hampshire. “Medical providers are ill equipped to investigate these cases.”

We should also treat addiction as the chronic disease that it is, and get addicted health care workers help. This could prevent some from breaking the law to feed their addiction. One effective model is known as physician health programs. These work for and with state agencies to recommend treatment and monitor recovery while helping physicians avoid professional and criminal penalties. One 2008 study of 802 doctors with a history of substance abuse who were monitored for five years showed that 65 percent remained free of drug or alcohol use.

But addicted health care workers need not be physicians to put patients at risk. All health care workers with access to drugs, including medical doctors, nurses, nurse practitioners, radiological technicians and surgical assistants, should be subject to mandatory drug testing.

Lucy Starry, one of Mr. Kwiatkowski’s victims, suffered afterward from severe edema. She died earlier this month, and her death certificate lists hepatitis C as a contributing factor. Kathleen Murray, her daughter, has been a nurse herself for more than 30 years. “To me, the real crime is that for years he was never prosecuted,” she said. “It tarnishes my profession. He never should have gotten as far as he did.” Better prescription-drug protocols in hospitals could ensure that such a case doesn’t happen again.

Rome is Burning

There is no greater metaphor than the collapse of Rome with regards to the problems facing some of America’s greatest cities.

We have the bankruptcy of Detroit that is largely due to decades of mismanagement by elected officials; we have Illinois bailoutand in turn altering their pension obligations as a way of staving off Detroit style solutions; we have the Stockton problems, San Bernadino and surely more strapped municipalities will follow given today’s ruling on Detroit.

The “solution” has been to seduce, bribe and cajole one for another. Governors and Legislators beg, borrow and steal from one State to draw the limited industries and businesses to their location with the same tax breaks and open door to write special interests and legislation that encourages business while discouraging investment and longevity. They call it “incentives” I call it bribes.

I read this article and thought it seemed to be rather appropriate in discussing the state of America’s cities.  Anyone who thinks they are sitting pretty need a mirror, and not the one owned by Snow White’s evil stepmother.

It is not just the mismanagement of pensions or debts it is a core problem that is multi layered.  It is the schools, the housing, the Police, the Courts, the Public Transportation.  It is anything that the 99 percent rely and use while the 1 percent isolate and segregate themselves in a cocoon of denial and cashmere.  Denial looks good in something soft and warm.

But it is a Public crisis as it affects safety, health, welfare and more importantly rights, And this is not right and it is not sustainable. But Rome was not rebuilt in a day and this is one empire in definite need of rebuilding but Rome was done with slaves and battles, let’s see if we can find a new way to rebuild our Cities and our Country without resorting to civil wars. But that does not exclude civil disobediance. It has a proud history in our Country and sometimes history is a good thing to repeat.

 

Cities in Trouble

Robert Wood

[Reprinted from Domestic Affairs]

At the time of this article, Robert Wood was the Henry R. Luce Professor of Democratic Institutions and the Social Order at Wesleyan University. He served as Undersecretary and Secretary of Housing and Urban Development in the Johnson administration and as President of the University of Massachusetts and Superintendent of Boston public schools. He authored the book Remedial Law: When Courts Become Administrators.

Detroit is dead. The Big Apple that is New York City is rotting at the core. Miami is a battleground for competing minorities, Cuban-Americans versus African-Americans. Philadelphia teeters on bankruptcy. The only place in the Midwest that is less vibrant than St. Louis is East St. Louis. Downtown Denver has emptied out. Los Angeles is beset by drug gangs. The nation’s capitol is homicide city.

That is how the media have judged our largest cities this past year. Nor, it seems, have smaller cities fared much better; almost all the core cities of America’s 318 metropolitan areas are reported by their local observers to be in deep trouble.

Meanwhile, Flora Lewis and Nathan Glazer tell us that Paris is alive and well, clean and safe — as are Munich, Amsterdam, Stockholm, Milan, and Copenhagen. To be sure, London is frayed around the edges; Mexico City chokes on smog; Tokyo sprawls with grossly inadequate housing. But scanning cities around the world, only in America does urban rot seem pandemic.

After a decade of frantic commercial office-building and a splash here and there of quasi-historical marketplaces and entertainment centers, downtown America is largely empty after hours, dirty, and dangerous. Affordable housing is scarce in city and suburb alike. Entire neighborhoods are abandoned, desolate and ugly. Thomas Wolfe speaks truth through fiction in The Bonfire of the Vanities.

The prevailing and overriding pessimism about American cities is based on more than just subjective impressions. It is grounded also in the objective indices of urban life — indices that have been built into state and federal urban aid formulae for twenty years. Three specific economic indicators — poverty rates, unemployment rates, real per capita income changes — define the contours of the urban circumstance.

And the picture is not pretty. Franklin James analyzed the three economic indicators over 30 years for the 56 largest cities, and here is what he found: In 1970, only three of the cities — New Orleans, Newark, and El Paso — had a normalized index of economic ills more than 30 percent higher than the national average. By 1980, twenty of the cities were, by this measure, in trouble. In the mid-1980s, James estimated, with income statistics but without the benefit of new census data, changes in the distress levels in a sample of 11 cities. In all of them, poverty rates had increased and economic conditions had deteriorated — even as a recession ended and a national economic boom got underway. All major groups of cities, classified by residential need and population change, were worse off in 1980 than in 1970 — and by the mid-1980s, with “the Congress and the President largely unable to agree on major initiatives to reduce urban distress,” the situation had worsened.[1]

Today, with another recession clearly upon us, savings and loan scandals devastating the housing industry, deficits overhanging every level of government, and voter revolts well-nigh universal, urban realities and prospects are even more bleak. As African-American leaders come into power in more and more city halls, they are facing conditions of poverty (both of their citizens and of their public treasures), patterns of violence, and attitudes of despair that mock their electoral successes.

How did we come to such an urban condition? What, realistically, can we do when fiscal constraints loom so large, conservative ideologies make us suspicious of public action, and the productive energies of the private sector are faltering in global competition?

As to the first question, the short answer is that at least since the Civil War the private sector has built our cities, determined the location of jobs and households, and either covertly or overtly determined public urban policy. Historically, government — whether Federal, state, or local, reformist or boss-ridden — has always been a very junior partner in the urban enterprise. If we seek improvement in the urban condition — in the quality of life and the use of space — the marketplace is not the instrument to rely on. It is essentially the culprit.

So, the short answer to the second question — what ought we to do now? — is that we should encourage the reentry of public authority into the process of city building and city restoration. Carried out skillfully, putting government front and center will neither bankrupt the country nor discourage private urban investment. On the contrary, a judicious mix of inducements and regulatory initiatives can redirect the pattern of urban development in ways more clearly consistent with the public interest and reduce the spread of urban distress. As we shall see, both the subsidies and the regulations should focus on the disposition of land — specifically, on land use and land taxation.

The Place That Business Built

That the rise of the American city, circa 1870, was the physical counterpart of America’s industrialization, largely in the age of monopoly, is a historical commonplace. While intellectually and rhetorically the nation remained committed to free markets, as a practical matter, for a critical half-century, great monopolies or oligarchies dominated almost every major manufacturing and extractive sector of the economy. They were so important in some cities — steel in Pittsburgh, chemicals in Wilmington, stockyards in Kansas City, textiles around Boston, soap in Cincinnati — that both the pace of economic development and the shape of political organizations responded to their direction.[2]

Accordingly, conventional economic theory came to posit an urban “economic base” and an export/ import model of urban development driven by the location of raw materials, transportation, and market forces. The interplay of these factors determined the locations of jobs and, hence, households. Thousands and thousands of private economic decisions about land acquisition and use, industrial and service investments, and market exploitations essentially defined population densities and the character of land use. Public facilities and services almost always followed as a dependent variable, after market decisions. What is more, the private sector dominated public life. Grassroots democracy and the New England town meeting may be the stereotypes of our community life, but company towns and big city machines are closer to reality. The Muckrakers documented the collision of business leaders with the political bosses of post-Civil War cities. Writing of Pittsburgh in the Gilded Age, Lincoln Steffens took care to absolve the immigrant culture from major responsibility:

The railroads began the corruption of this city. There always was some dishonesty, but it was occasional and criminal til the first great corporation made it business-like and respectable. The municipality issued bonds to help the infant railroads to develop the city and, as in so many American cities, the roads repudiated the debt and interest, and went into politics. . . . As corporations multiplied and capital branched out, corruption increased naturally. . . . [I]t was not a haphazard growth but a deliberate, intelligent organization.[3]

Business leaders would tolerate or support bosses in cities across the country, through the first Daley in Chicago. Sometimes they would back good-government reform groups. The city-manager movement, beginning in Cincinnati before the first World War, was based on the premise that running a city was precisely analogous to running a business, a philosophy that remains popular today in mid-sized American cities. In the Eisenhower era of urban renewal, most big-city mayors came to terms with the business elite. Populist political revolts against the establishment have occurred very rarely in our urban history. Fiorello La Guardia of New York, more a populist than a boss, is, in fact, almost a solitary figure.

What is clear now is that the beat goes on. Formal oversight of city halls may increasingly be the prerogative of African-American and Latino mayors, but both in central cities and in metropolitan suburbs the driving forces of settlement and development remain in the private sector. It is responsible, in the last decade, for the extraordinary burst in commercial and residential building that spurred the two distinctive contemporary forms of urban settlements: entrepreneurial cities and urban villages.

Entrepreneurial cities — the phrase is Robert McNulty’s — are those “hot” urban places where national developers have been able to negotiate over the past decade complex, front-loaded financial arrangements for downtown commercial meccas. The resulting developments include Boston’s Fanieul Hall, Chicago’s Water Town Place, Baltimore’s Inner Harbor, and Atlanta’s Underground.

Indeed, as Bernard Frieden and Lynne Sagalyn have shown, central cities came alive again as marketplaces. Beginning in the 1970s and continuing exuberantly through the mid-1980s, they enjoyed a golden age of downtown retail development. Office district construction came first, quickly followed by new hotels, convention centers, sports centers, restored waterfronts, and revitalized historic neighborhoods. A few statistical indicators: Between 1970 and 1986, over 100 downtown shopping malls were built in 70 cities. Between 1973 and 1983, the number of downtown hotel rooms doubled in Atlanta, Boston, Philadelphia, St. Paul, Seattle, and Washington. In 1970, only fifteen cities had convention centers that could handle a trade show of 20,000 people. By 1985, 150 cities could boast of such facilities.[4] Admittedly, on the downside substantial loss in affordable housing, real or potential, occurred. But few paid attention to that.

With this surge of rebuilding came a new type of public entrepreneur, to match wits with private developers. These entrepreneurs in government were, as Frieden and Sagalyn write,

a special breed among public officials, far removed from the stereotypes of cautious, plodding bureaucrats. Operating with a strong sense of personal mission, they brought a free-wheeling style to city government. Comfortable taking risks, cutting deals, and pressuring reluctant colleagues to keep projects moving, they were ready to change course abruptly in a crisis. . . .They valued results on the ground more than the traditions of public administration.[5]

The second new type of urban settlement — “urban villages,” as Charles Lockwood and Christopher Leinberger termed them — arose as “outer” cities. Among the most prominent of these are the Princeton “Strip” in New Jersey; Tysons Corner outside of Washington; Walnut Creek, east of San Francisco; and Post Oak Galleria, next to Houston. They are new “office, industrial, retail, housing, entertainment focal points — almost a low-density cityscape.”[6]

The development of these villages is encouraged by such factors as the more attractive architectural features of modern commercial and industrial parks, the shift from rail to truck transport, recent telecommunication advances, cheaper land, and most important, the sheer difficulty of access to the large central cities. It is not surprising that urban villages have captured increasing percentages of new commercial construction around Atlanta, Los Angeles, and New York.

Their further growth is constrained primarily by the shortage of affordable, non-subsidized suburban housing for lower middle-income workers and by urban traffic problems. But, as Lockwood points out, these impediments can be overcome, through the construction of high-density apartments and more roads. His assessment: “The opportunity for all kinds of Americans to live, work, shop, play in the same geographical area — while retaining easy access to other urban village cores — seems almost too good to be true.”[7]

The 1980s, then, were a boom decade for city-building. Partnerships between private developers and hard-charging public officials flourished — and reshaped the urban landscape. And, in the process, the private sector came to dominate the urban development process to an extent rarely seen since the heyday of the 19th century industrial city.

Even by the middle of the decade, however, there were signs of trouble, for those astute enough to spot them, in the entrepreneurial city and the urban village. Anthony Downs of the Brookings Institution wrote in 1985 that “there has been too much money flowing into real estate” and that “this excessive cash flow has created many money-driven rather than demand-driven markets.”[8] The next year brought the leading edge of the savings and loan scandals and the beginning of a long string of bankruptcies among developers.

Crunch Time

What prescient observers like Downs anticipated in 1985 has come to pass. Vacancy rates in commercial building now average a dizzying 25 percent in our 56 largest cities. Residential vacancies have been escalating as well, largely because new markets — especially for condominiums — were grossly overestimated; as a result, valuations of condominiums have fallen 29 percent between 1988 and 1990. What we are witnessing is a classic Evers-to-Tinkers-to-Chance triple play in the housing industry: commercial defaults, residential foreclosures, and then the bursting of the savings and loan bubble. The returns are far from in on the ultimate cost of this most recent shameless demonstration of sheer American greed (or on the number of indictments and convictions that will be obtained), but the best current estimates set the total at a minimum of $500 billion.

The root causes of the S&L catastrophe were incompetence, avarice, and competitive excesses within the industry. But the federal government aided and abetted the folly. The budget and tax acts of 1981 and the banking deregulation legislation of 1983 helped to channel more capital into the real estate business. Downs again:

Real estate has enjoyed special tax arrangements that have served owners, developers, sellers, and investors well but have no very persuasive justification in terms of benefits for society as a whole or its most deprived members in particular. . . .What is the rationalization for generating fat syndication fees in the process of overbuilding office-space markets throughout the nation? Or for sheltering the huge incomes of a few developers so that they pay tiny fractions of their income in taxes, while more than 30 million Americans have incomes below the poverty line?[9]

The 1986 Tax Reform Act moderated government favoritism toward development by limiting tax exemption for state and local bond issues and eliminating the tax breaks for real estate equity and write-offs. But the early 1980s had already produced a series of off-budget tax incentives that amounted to $19 billion by 1987. Accelerated depreciation and five-year amortization produced $13 billion in construction outlays. Another $6 billion were invested in tax-free state and local industrial development and housing bonds. The barn door had been open too long to recapture the horse.

Even as public policy veered sharply toward encouraging and guaranteeing private commercial investment, it savaged the housing and neighborhood programs designed to help cities and their people. The Reagan administration plundered the resources of the Department of Housing and Urban Development (HUD), which had been established in the days of the Great Society to be the cities’ ally. In brief, the administration:

  • decreased the department’s operating budget by 57 percent between 1980 and 1987, from $36 billion to $18 billion;
  • reduced the authorization for assisted housing from $27 billion to $7.5 billion;
  • slashed the number of units of federally subsidized rental housing from 129,000 to 19,000;
  • cut public housing reservations eligible for federal support 93 percent, from 205,000 to 14,000;
  • and advocated a voucher program in which 62 percent of the applicants reported no housing was available.

The policies of the 1980s led to overbuilding — of commercial structures in central cities and suburbs alike and of housing for high- and middle-income residents. And overbuilding led to a downturn in the real estate and banking industries on a scale not experienced since the Great Depression.

At the same time as we were running up an S&L bill of $500 billion, we were also accumulating what the Ford Foundation has termed a “social deficit” — the costs associated with the neglect of human needs. In The Common Good: Social Welfare and the American Future, the foundation detailed a dismal set of specifics:

  • 30 million Americans living in poverty;
  • 31 to 37 million without health insurance;
  • 25 percent of American children under the age of 6 living in poverty;
  • 25 percent of American youngsters dropping out of high school before graduation;
  • and 2 million children each year subjected to child abuse.

Ford estimated that it would cost a minimum of $30 billion a year, most of it invested in central cities, to tackle seriously this social deficit.[10] And adding to the stress on America’s cities — especially the coastal cities of California and New York — was a new tide of immigration: nearly 600,000 legal immigrants during the 1980s, mostly from Asia and Latin America, and an estimated half million illegal immigrants, primarily from Latin America.

How well did the entrepreneurial city and the urban village respond to these expanded needs? Since 1970, in the twenty cities with the highest rates of office construction, the unemployment rate in inner-city neighborhoods has held steady at 26 percent and the average family income has dropped 4 percent. In New York, city outlays to stimulate private development increased 72 percent; those aimed at helping the poor, 20 percent. In Frieden and Sagalyn’s words, cities played “Robin Hood in reverse.”[11]

In the meantime, urban villages had to cope with the slowdown of investment in infrastructure — in highways, community facilities, and affordable housing. In 1987, the Wall Street Journal explored the “shallow roots” of the suburban “mini-cities” and found that these developments had the ills of cities without a comparable sense of community. A Fairfax, Virginia, supervisor was quoted as saying, “People moved out to be away from the city and found city all around them. They wanted to be part of the county gentry, but they feel like they’re on the Lower East Side.” Traffic gridlock, crowded schools, overflowing landfills, and jurisdictions vying with each another to capture “good” high-tech parks and keep out “bad” moderate-income apartment complexes — these were found to be typical features of what one resident called “life where the sidewalks end.”[12]

In short, urban America in 1990 is grossly over-built in the private sector, more and more of its commercial and upscale housing developments in, or heading towards, bankruptcy. At the same time, public investment — especially in urban schools, community facilities, and affordable housing for the working poor — falls further and further behind. The social deficit expands each year while the debt incurred through private mismanagement and greed occupies our attention and claims first priority on the domestic agenda.

Clearly, the 1990s are crunch time for our cities.

Forks in the Policy Road: People and Places

In and of itself, an unavoidably bleak description of urban America, fact and pattern substantiating impression, is a somber note on which to begin the decade. The seriousness of the diagnosis, however, is compounded by the contradictions among the various proffered prescriptions. The difficulty is not just that the conservative band-aids of “enterprise zones” and home ownership for public housing tenants are so marginal in their responsiveness and likely impacts as to be cruel. It is also that even those who recognize the severity of urban distress and the need for commensurately major responses are sharply divided about what to do next.

Essentially, the pro-urban advocates fall into two broad camps. The first would focus on aiding people in distress wherever they may be found, assuring by income transfer and insurance at least a minimum safety net. The second insists that attention to places and their institutions, as well as people, is necessary. The debate between these two camps of well-meaning people threatens a stalemate, which would confirm Reinhold Neibuhr’s counsel that the greatest peril to the public good lies with the “foolish children of light.”

What sparks the help-people-forget-places approach to urban policy (and lets the marketplace continue on its merry way) is the fascination with public choice theory. Beginning in the 1970s, that intellectual fashion became the rage in one university public policy program after another. It generated, as to urban policy, two basic recommendations: First, worry about people, not places, and, second, help them with income distribution schemes that operate through the marketplace, not through the delivery systems of public programs.

In the policy arena, that counsel first emerged in the report of President Carter’s Commission on the Agenda for the Eighties, which essentially proposed that the nation write off the snow belt in favor of the sunbelt, by assuming almost perfect labor mobility. The decade ends with the prescriptions of Robert Reischauer, who once again urges us to focus on people instead of places and calls for new initiatives that involve entitlements, vouchers, and tuition tax credits. He describes urban policy-making between 1960 and 1978 as an “aberration” not to be repeated, because a coherent national urban policy is now infeasible “given the inherent complexity and diversity of the federal system and the economic turmoil of the past fifteen years.”[13]

The alternative approach argues that a sense of place — physical space, comely artifacts, community — makes a crucial difference to policy-makers and citizens alike. Rural poverty, rural racism, and rural sickness are different from their urban counterparts. Sheer density — its impact on the physical environment and on the velocity of human interactions, its propensity to encourage impersonality and human indifference — is a significant variable, essential to factor into the framing of policy.

The plain fact is that people live in places. There are no exquisitely rational, purely passionless men and women, whose invisible hands guide invisible markets. People are always somewhere and where they are and with whom they live and the suitability of their surroundings touch their lives in ways that no private-sector calculus can comprehend.

The satisfactions of social life, community, and man-made expressions of beauty are possible only in places. A place called a school, a place called a neighborhood, a place called a city — these are requisites for a peaceful, successful America promising domestic tranquility. Most of all, so is a place called home. People without places — nomads, gypsies, those with no fixed abode — are historically, are today, the most unfortunate, the most miserable.[14]

This standoff — between those who would focus urban policy on the provision of transfer payments to people and those who would also attend to institutional reform — needs to be resolved. Until it is, policy-makers will treat cities as just another species of interest group. Even worse, because American myth has always held out farmers and small towns as the morally superior individuals and communities in our country, naysayers will find it easy to dismiss urban programs.

Heading Home

Stipulate, then, that our cities are in distress and that the marketplace has largely shaped their form and substance. Stipulate as well that caring about places is the starting point for fashioning effective urban policies — that we need to undertake institutional reform as well as individual assistance. What should we do next?

All three levels of government in our federal system — national, state, and local — have roles to play in the restoration of the city as a place where people can live safely, well, and with enthusiasm. But in the 1990s, states will have to take the lead because the central issues now — of land use, land planning, and land management — fall mostly within their domain.

The focus needs to be on land because it is the price of land and local restrictions on its use that are largely responsible for the nation’s inability to provide affordable housing. For half a century, the federal government has provided subsidies, and insured mortgages, for housing. And during this period, technological innovations, prefabrication, and new materials have helped to moderate the cost of the housing “envelope” — the actual structures themselves.

What has pushed the price of housing out of reach for many Americans is the spiraling cost of land. Over the past thirty years, land values have increased three times faster than the consumer price index; they now exceed one-quarter of the total cost of the typical housing unit. Our persistent practice of taxing real estate development more than undeveloped or underdeveloped land and our failure to recapture the costs of new roads and community facilities that open up vacant land for development have been major impediments to the provision of affordable housing. In short, what urban America needs most is a land reform program. And it is the states that have the constitutional powers needed to pursue one — the powers to reform real property assessment and taxation, to separate valuations of sites and development, and to require local governments to set aside land for the housing needs of all income strata. Some states — notably Florida, New Jersey, and Washington — have begun such initiatives under the rubric of growth management policy. The federal government can help, by increasing its support for viable public housing, with an emphasis on scattered sites, and by providing grants to states for growth management programs under an updated version of the Jackson-Udall legislation of the 1970s. It can also use its considerable stock of land for pilot programs and encourage planning on a metropolitan basis.

Indeed, the need for metropolitan planning-an initiative proposed, but not enacted or funded, in the 1960s — has never been greater. At rock bottom, local political attitudes and parochialism, in suburbs and central cities alike, are what thwart efforts to remedy urban distress. In the suburbs, a NIMBY (not in my backyard) ideology chokes diversified development. In central cities, an emphasis on job creation, instead of housing, has distorted land use and investment. City TOADs and LULUs — Temporarily Obsolete Derelict Sites and Local Unwanted Land Uses — abound. Scholars estimate that these structures and parcels now account for as much as a fifth of current land uses. Comprehensive policies to reclaim them could have a major effect.[15]

Until the use, regulation, and taxation of land are thoughtfully integrated, payments to people — vouchers of whatever amount and for whatever purpose — will not suffice. It is the purposeful use of regulatory authority and the steady strengthening of urban public institutions that can be the catalysts for an urban turnaround.

Even though we are in a period of financial constraint, the problems of the cities have to be addressed now, before they get worse. This time we need to focus on real reforms that will make a real difference. We need, as a matter of first priority, to take charge of the land.

People Kill People

This is is our America. Gun makers, Car manufacturers and anyone with a fantastic acronym or well connected lobbyist can in turn ensure that their role in society is one absolved of all guilt and responsibility when it comes to how the consumers of their product elect to use their product.

Today’s editorial pages are full of the varying ways anyone can kill someone else, be it behind the wheel of a smartphone (even Cars are somehow becoming one with them) to Guns.  When does it stop?  The ultimate drive by might be texting someone while committing a drive by shooting – talk about win-win!

Why is it that MADD, a once useful activist group, now frankly a group of temperance individuals have no interest in anything but ensuring that the fake science and other constitutional infringements secure the roads safe from the supposed scourge of drunken maniacs behind the wheel of a car?  Why do they have no interested in distracted drivers or gun safety legislation.?  I mean they are Mother’s right?  And they care about kids right?  Still mad I assume?  Well no but that is not the point.  When anyone has to look deeper into any acronym group or non profit taking monies directly from the same government they are lobbying to – conflict of interest and facts –  get lost in the process.

The same goes to the NRA. They are not just a government lobbyist giving money to government they actually get funds from it as well. As do the manufacturers of guns in the form of tax credits. It is a viscous circle of hypocrisy and corruption regardless of their intent or purpose.

Now of course enabling citizens the right to sue a corporate person hood is under the gun (pun intended) as the Supreme Court is very biased towards the individual called Corporate X and their recent American Express ruling validates this. And we have states, such as Texas, whose idea of Tort Reform, is to make it impossible to file individual suits let alone class actions.  Nothing says business friendly than a State who has no regulations and then when a business blows up destroying a town the audacity to say we won’t be adding any anytime soon and then ask FEMA for money, but hey Texans do it bigger.

And of course when you read the articles they mention big Tobacco and of course anyone recalls a former Pres/VP Candidate who made his money suing the same and then decided that good behavior and legality was not something he needed to be a part of furthers the hypocrisy.  But in reality we need to have the rights to speak out and court is the one way it can get heard.  Not fairly nor equally but it is there.  

I will let you read the below and make your own conclusions.  Public Safety is also a public health crisis and victims of all assaults – regardless of the type – deserve the right to be heard and to be MAD they are not.


Hands-Free Distractions

By THE EDITORIAL BOARD
Published: June 23, 2013

As Americans have become more aware of the dangers of using cellphones while driving, the makers of cars and mobile devices have increasingly sold hands-free and speech-recognition technologies as safer alternatives. But a new report presents compelling evidence that drivers who use such tools are as distracted as people who hold their phone to their ear. Even when drivers keep both hands on the wheel, the report says, a lot of mental energy is required to hold two-way conversations or talk coherently into speech-recognition devices.

The report from the AAA Foundation for Traffic Safety studied how distracted drivers became while performing various tasks: listening to the radio, talking to a passenger, using a hand-held phone, using a hands-free phone and sending messages with a speech-to-text system. The authors measured distraction by observing how long it took drivers to brake when the car ahead did; the distance they kept between their car and the one ahead; and whether they looked at hazards, like crosswalks.
On a scale of one to five, where one represented no distraction, drivers who used the speech-to-text system registered 3.06. People who talked on a hand-held cellphone landed at 2.45, and drivers with a hands-free phone scored 2.27. Drivers listening to the radio scored just 1.21.

These results suggest that states should ban the non emergency use of all communications devices by drivers, as has been recommended by the National Transportation Safety Board. In 2011, 3,331 people died in accidents involving a distracted driver, which was 10 percent of all traffic fatalities, up from 3,267 deaths in 2010.

Unfortunately, these numbers do not seem to alarm car makers. A spokeswoman for the auto industry told The Times that “people want to be connected in their car just as they are in their home or wherever they may be.” They may, however, place far greater value on getting to their destination without killing themselves or anyone else.

Make Gun Companies Pay Blood Money

By JOHN G. CULHANE
Published: June 23, 2013

GUN manufacturers have gone to great lengths to avoid any moral responsibility or legal accountability for the social costs of gun violence — the deaths and injuries of innocent victims, families torn apart, public resources spent on gun-related crime and medical expenses incurred.

But there is a simple and direct way to make them accountable for the harm their products cause. For every gun sold, those who manufacture or import it should pay a tax. The money should then be used to create a compensation fund for innocent victims of gun violence.

This proposal is based on a fundamentally conservative principle — that those who cause injury should be made to “internalize” the cost of their activity by paying for it. Now, gun manufacturers and sellers are mostly protected from lawsuits by federal law.

As it happens, a model for this approach already exists. Under the Vaccine Injury Compensation Program, those injured by vaccines are eligible for compensation from a fund financed by an excise tax on the sale of every dose of vaccine. In creating this no-fault system in the 1980s, Congress sought to provide care for those injured by vaccines while protecting manufacturers from undue litigation.

Vaccines are essential for public health but inevitably cause harm to a small number of people. Since all of us benefit from a vaccinated population, the compensation program spreads the costs when things go wrong to everyone who received a vaccination, rather than leaving the injured and their families to bear the cost. It also avoids the time, expense and inefficiencies of litigation, and dispenses with the need to prove fault. The compensation fund thus ensures that vaccine manufacturers will remain in the market rather than being forced out by the prospect of huge legal judgments against them.

Guns, of course, are not essential for public health. But Congress has made painfully clear that it values the largely unfettered ownership of guns and their manufacture — despite the social costs of the violence that results when guns work as designed. For that reason, it makes sense to tax gun manufacturers directly. The result would be that those who derive a benefit from guns — for hunting, target practice, self-defense or simply for collecting — would shoulder some of the social costs of their choice as manufacturers pass along the cost of the tax to them.

Such a tax might also exert at least some economic pressure on manufacturers to market especially lethal guns less aggressively, or to implement safer gun technologies, like “smart guns” that could be used only by the registered owner. Right now, they have no such incentive — they’re immune from most lawsuits, and guns are expressly exempt from regulation by the Consumer Product Safety Commission, which is supposed to protect the public from unreasonable risks from consumer products. (Thus, the commission can ban lawn darts or cork guns, but not real firearms.)

Since safer guns would mean fewer compensable injuries or deaths, the tax should be adjustable, rising when injuries and deaths increase, and falling when they decrease. The tax rate could also be adjusted to reflect the relative lethality of guns. Those guns that are most often used to kill or maim the largest number of people could be taxed at a higher rate, while guns used primarily for hunting or sport that are much less often involved in fatalities or injuries would be taxed at a lower rate.

Gun makers know that their products are lethal, and sometimes used illegally. They know that some of their dealers’ sales practices contribute to guns’ falling into criminal hands. They know that each year a significant number of innocent people will be killed or maimed by the use of guns. But quite often, the shooters themselves cannot be held fully or even partially accountable, financially, because they are unknown, destitute or dead.

A serious discussion will be required about the amount of compensation, and whether victims’ family members would also be entitled to recover from the fund. These important conversations about eligibility and amounts are common to all compensation funds. Just as these questions have been and will be tackled for these other funds, they can be thoughtfully and carefully worked out for this one.

Some of the victims of recent mass shootings — including the massacres at Aurora, Colo., Newtown, Conn., and Virginia Tech, as well as those who survived the 9/11 attack — have recently banded together to ask Congress to enact a National Compassion Fund, to make sure that charitable donations get to their victims rather than being swallowed up in administrative costs.

That’s a good idea, but it is not enough. Gun manufacturers should pony up. A national tax on the sale of guns is the way to do that.

Let Shooting Victims Sue

By ROBERT M. MORGENTHAU
Published: June 23, 2013

A BASIC function of law in a civilized society is to allocate the costs of harm to those who caused it. In the case of a gang shooting or terrorist attack, penalties are imposed on the gang member or terrorist. But what of the person who sold them their weapons?

In 2004, relatives of eight people shot in the Washington-area sniper attacks received $2.5 million dollars from the maker and seller of the rifle used in those shootings. That was a matter of simple justice. But the gun lobby had no use for that kind of justice. They went to work and, the next year, Congress passed the Protection of Lawful Commerce in Arms Act, severely reducing the legal liability of gun manufacturers, distributors and dealers for reckless acts that send guns to the black market. The National Rifle Association called it “the most significant piece of pro-gun legislation in 20 years.”

This kind of legislation encourages arms dealers to turn a blind eye to the lethal consequences of what they peddle, and rewards their breathtaking irresponsibility.

An executive at one top gun company admitted that it didn’t try to learn whether the dealers who sold its firearms were involved in the black market. “I don’t even know what a gun trafficker is,” he said in a court deposition reviewed by The New York Times. < The 2005 law is just one example of Congressional actions that have reduced gun-industry liability and gutted consumer protections. The result of all this legislation, as Jonathan E. Lowy, director of the legal action project at the Brady Center to Prevent Gun Violence, has noted, is that a defective BB gun can be recalled, but not a real gun with a similar defect. What is at stake? According to the most recent data, between 30 and 40 percent of gun acquisitions take place without any background check. Many of these transactions happen online, at gun shows and in private homes. Each of those guns represents a potential danger to the public. Following the elementary-school massacre in Newtown, Conn., in December, there was overwhelming support to end unsupervised gun sales. The N.R.A. fought back and, as everyone knows, won.

More tragedy will result. A mountain of research has proved this danger. One study examined the consequence of Missouri’s foolish decision to repeal a state law requiring residents to obtain a gun permit before purchasing a gun. A result of repealing the law? Without background checks, more guns fell into the hands of criminals, and the homicide rate in Missouri spiked 25 percent, even as violence declined across the United States.

And while gun violence touches every segment of society, it does not do so uniformly. According to the Centers for Disease Control and Prevention, African-Americans are 70 percent more likely to be killed by gun violence than are whites — though black-on-black violence rarely makes headlines. One wonders whether our nation’s legislators would be equally comfortable excluding the gun lobby from liability if more of them had to raise their children on the South Side of Chicago or in other inner-city neighborhoods plagued by gun violence.

There is a basic principle of law that imposes liability when someone’s unreasonable act results in foreseeable harm to someone else. It is a wise and ancient rule, as fundamental as the principle that my right to swing my fist stops somewhere short of your nose.

In a 1999 case, Jack B. Weinstein, a federal judge in Manhattan, wisely articulated that principle as it should apply to handgun makers. “The duty of manufacturers of a uniquely hazardous product,” he wrote, is to “take reasonable steps” that would “reduce the possibility” that firearms would “fall into the hands of those likely to misuse them.” That basic principle was gutted when Congress caved to the gun lobby and passed the 2005 immunity law.

The 2005 law also deprived New York and other states of their right to protect, or at least compensate, their citizenry by imposing civil liability on those manufacturers and dealers who failed to take reasonable steps to prevent the abuse and illegal trafficking of their weapons.

While the nation continues to debate the issue of background checks — a cause to which Gabrielle Giffords, the former representative from Arizona who was grievously wounded in a mass shooting in 2011, has dedicated herself — Congress should act decisively to restore responsibility and end this unique legal protection for the gun industry. Until it does so, there will be no incentive for the industry to act reasonably.

Decades ago, the tobacco industry hired doctors to plug the health benefits of cigarettes, and the auto industry claimed that seat belts were an unnecessary extravagance. The results were an epidemic of deaths, followed by civil law suits, followed by industry reform.

Today, smoking is down and cars are safer. In part, we have the market to thank. When these industries acted irresponsibly, basic principles of civil liability placed the costs of illness and accident where they belonged. Once their bottom line was affected, even the most myopic executives had to take notice.

I believe that with rights come responsibilities. By immunizing the gun industry from basic principles of legal liability, Congress kept the rights and repealed the responsibilities.

The Second Amendment right to bear arms is an important right. But the contours of that right must not extend to those who look away as their guns enter the hands of criminals and the mentally unstable. Congress should immediately repeal the 2005 gun immunity law, and let free-market incentives encourage responsible behavior by the gun industry.