Organizations (non-profits)

January 24, 2014

Underhanded Attempt to Pass a Paid/Unpaid ALEC Sick Leave Preemption Bill?

Help Stop ALEC

Help Stop ALEC

In December, I posted a blog about some Pennsylvania legislators’ connections to ALEC, the American Legislative Exchange Council.  Among those legislators is Representative Seth Grove of York County, PA.  In that blog, I focused on his paid and unpaid sick-leave preemption bill that would prohibit any local control over paid or unpaid leave of any type.  His bill – HB 1807 – ran into a lot of opposition after a party-line vote in the House Labor and Industry Committee in mid-December.  This bill has been placed on – and pulled off – of the floor calendar after 14 other Representatives offered at least 24 amendments for floor debate.

So on January 16, 2014, Representative Grove introduced a “new” version of his bill – HB 1960 – in what looks to me like an effort to avoid any changes to his original legislation.  And this bill was introduced without, as far as I can tell from the General Assembly website, any circulation of a “Co-Sponsorship Memo.” I have been reviewing legislation on this website for years.  This is the first time I have ever seen a bill introduced since co-sponsorship memos started being posted that has not included such a memo.  HB 1807 had one; HB 1960 does not.

Differences in the Two Preemption Bills

Upon reading both bills, there appears to be little if no difference at all.  Except for the addition of one new cosponsor (Rep. Fred Keller (R-85, Snyder & Union Counties)), the style of wording to prohibit paid or unpaid sick leave ordinances at the local level is the only change I can see. The result is exactly the same. The original bill – HB 1807 – creates the preemption with a one paragraph “Mandate prohibition.” The new bill – HB 1960 – creates the preemption by changing the prohibition wording to three paragraphs within two subsections titled “General Rule” and “Inconsistent mandate.”  Both bills prohibit any local jurisdictions to pass ordinances that

“mandate requiring an employer to provide an employee or class of employees with vacation or other forms of leave from employment, paid or unpaid, that is not required by Federal or State law.”

Both bills grandfather any currently enacted ordinance but prohibit all future local paid or unpaid sick leave legislation.

So by adding one new cosponsor and reorganizing the way the bill is presented without circulating a co-sponsorship memo allows Representative Grove and his cohorts a “do-over” chance to ram this bill through the House without the current “baggage” of 24+ amendments.

Is there some subterfuge going on here? Is Representative Grove trying to get this ALEC-initiated bill passed under the radar?

If so, this under-the-radar effort doesn’t appear to be working.  Both progressive members of the legislature as well as members of the Coalition of Healthy Families and Healthy Workplaces have found out about this bill and are starting to push back.

Status of Bills

Due to the high number of amendments on HB 1807, the leadership of the Pennsylvania House of Representatives has apparently decided not to bring forth the bill for floor debate.  So the new bill will be a start-over.  And eleven days after its introduction (January 16, 2014), HB 1960 will be heard AND voted on in the House Labor and Industry Committee (scheduled for Monday January 27, 2014).

This bill has no more leadership backing than original. That’s a good thing.  This means that there is not likely to be a GOP caucus push to have all Republicans vote for this bill.

All legislators – Democratic and Republican — can therefore either vote their conscience OR their constituents’ views without fear of repercussion from leadership.

What You Can Do

As of right now, the focus will be to attempt a majority no vote in the House Labor and Industry Committee.  So if you personally know OR are a constituent of a member of this Committee, please contact her/him by Monday morning at 11 am EST.  Tell this legislator that you are a voter and that you want her/him to vote NO on HB 1960 because:

  1. It violates of core conservative and democratic principles,
  2. It represents attempts by national businesses to circumvent policy at its most basic level, and
  3. It will threaten the lives of victims and survivors of domestic violence, sexual assault, and stalking who need this form of leave to receive critical services to protect their and their families lives

For more talking points on this preemption bill, click here.

Here’s a list of the targeted members of the House Labor and Industry Committee. Each link will take you to the legislator’s personal legislative web page where you can find full contact information – addresses, phone numbers, faxes, and email.  And for some of the legislators, you will also have links to either their Facebook and/or Twitter accounts so you can contact them that way as well.

Officers

Scavello, Mario M.

Chair

Keller, William F.

Democratic Chair

Majority

Minority

Thanks for taking time to help stop this bill and to stop this underhanded attempt to ram through a proposed law that threatens, among others, the lives of victims and survivors of domestic violence, sexual assault, and stalking who need time off from work to create a safety plan or obtain needed services and protections.

January 20, 2014

MLK Jr. and his “Family Planning — A Special and Urgent Concern” Speech

Access to Abortion Services is Part of Reproductive Justice and Civil Rights

Access to Abortion Services is Part of Reproductive Justice and Civil Rights (http://www.now.org/issues/abortion/)

This morning, the Greater Grand Rapids chapter of the National Organization posted a blog in honor of Martin Luther King’s birthday.  His birthday is actually on January 15.  But we celebrate it with a federal holiday on the Monday following January 15 each year. Their blog focuses on Dr. King’s strong support for reproductive justice as part of women’s basic civil rights.  Take a moment and read what they have to say. Meanwhile, here’s something you might not know about Dr. King.  Dr. King wrote a speech honoring Margaret Sanger in 1966. Sanger was the founder of Planned Parenthood Federation of America (PP).  Dr. King’s speech on reproductive justice was written in response to being awarded one of the four first Margaret Sanger Awards given by PP.  Since he was in jail at the time of the presentation, Coretta Scott King read his acceptance speech.  King entitled this speech,

Family Planning — A Special and Urgent Concern

Here’s what he said on family planning and its link to civil rights:

…. There is a striking kinship between our movement and Margaret Sanger’s early efforts. She, like we, saw the horrifying conditions of ghetto life. Like we, she knew that all of society is poisoned by cancerous slums. Like we, she was a direct actionist — a nonviolent resister. She was willing to accept scorn and abuse until the truth she saw was revealed to the millions. At the turn of the century she went into the slums and set up a birth control clinic, and for this deed she went to jail because she was violating an unjust law. Yet the years have justified her actions. She launched a movement which is obeying a higher law to preserve human life under humane conditions. Margaret Sanger had to commit what was then called a crime in order to enrich humanity, and today we honor her courage and vision; for without them there would have been no beginning. Our sure beginning in the struggle for equality by nonviolent direct action may not have been so resolute without the tradition established by Margaret Sanger and people like her. Negroes have no mere academic nor ordinary interest in family planning. They have a special and urgent concern….

[O]ne element in stabilizing his [sic] life would be an understanding of and easy access to the means to develop a family related in size to his community environment and to the income potential he can command.

This is not to suggest that the Negro will solve all his problems through Planned Parenthood. His problems are far more complex, encompassing economic security, education, freedom from discrimination, decent housing and access to culture. Yet if family planning is sensible it can facilitate or at least not be an obstacle to the solution of the many profound problems that plague him….

Some commentators point out that with present birth rates it will not be long before Negroes are a majority in many of the major cities of the nation. As a consequence, they can be expected to take political control, and many people are apprehensive at this prospect. Negroes do not seek political control by this means. They seek only what they are entitled to and do not wish for domination purchased at the cost of human misery. Negroes were once bred by slave owners to be sold as merchandise. They do not welcome any solution which involves population breeding as a weapon. They are instinctively sympathetic to all who offer methods that will improve their lives and offer them fair opportunity to develop and advance as all other people in our society.

For these reasons we are natural allies of those who seek to inject any form of planning in our society that enriches life and guarantees the right to exist in freedom and dignity….

January 17, 2014

Pennsylvania Voter ID Law Ruled Unconstitutional

vote button

PA Voter ID Ruled Unconstitutional by Commonwealth Court.

This morning, Pennsylvania’s Commonwealth Court Judge Bernard McGinley struck down Pennsylvania’s Voter ID Law as unconstitutional.  Judge McGinley’s condemnation of this law is clearly noted in his opinion.  He said, in part,

“[The Voter ID Law is] invalid and unconstitutional on its face as the provision and issuance of compliant identification does not comport with liberal access and unreasonably burdens the right to vote….

Voting laws are designed to assure a free and fair election; the Voter ID Law does not further this goal.”

And most powerfully in my opinion:

“The right to vote, fundamental in Pennsylvania, is irreplaceable, necessitating its protection before any deprivation occurs. Deprivation of the franchise is neither compensable nor reparable by after-the-fact legal remedies, necessitating injunctive and declaratory relief.”

You can read a copy of the full opinion on the Public Interest Law Center of Philadelphia’s website. I am so pleased to see this decision.  I have followed this bill since it’s outset. In 2011, as President of Pennsylvania NOW I wrote about some of the problems with the law before it was enacted; this blog includes a copy of the letter I sent to members of the House State Government Committee detailing problems with the law.

Then after it was enacted in 2012, I was asked to testify in Commonwealth Court about the problems I observed in people attempting to obtain a Voter ID.   I told the Court what I had observed at the PennDOT licensing center in Pleasant Gap regarding problems in obtaining a photo id. These problems included lack of timely public transportation to and from the facility, lack of knowledge of the staff about the voter id law, inaccurate paperwork, long lines, and how women changing their names on their drivers’ licenses could be disenfranchised.

I also mentioned that I had used a photo id that did not meet the state’s Voter ID Law guidelines. Yet, it was accepted without question by the poll workers when I went to vote in the primary during the so-called “soft roll-out period.”

You can read more about that testimony and how accessing a photo id can specifically block access to the ballot for married women in a blog I wrote on this issue last year.

My thanks go to the legal team put together by the Public Interest Law Center of Philadelphia, Advancement Project, the ACLU of Pennsylvania, and the Washington, DC law firm of Arnold & Porter. They successfully argued over the last 18 months that this law was and is unconstitutional under Article I. Section 5 of Pennsylvania’s Constitution.

But the battle may not be over.  Attorney General Kathleen Kane (D) argued in favor of the law before the Commonwealth Court.  News reports indicate that she hasn’t yet decided whether or not to appeal Judge McGinley’s decision to the Supreme Court.

Your voice needs to be heard.  And it can be.  Right after the decision was announced, my colleague, Michael Morrill, Executive Director of Keystone Progress, created a MoveOn petition to AG Kane asking her to let the decision stand and not appeal the case to the Pennsylvania Supreme Court.  I signed and commented that:

I am one of the people who testified in Commonwealth Court in 2012 about the problems I observed in people attempting to obtain a Voter ID and about my testing the knowledge of poll workers in correctly interpreting the law (they accepted an invalid photo id that did not meet the requirements of the law during the testing period before the law was enjoined; I used it again at another election and once again, they told me it was valid).

Don’t play games with our elections. As Judge McGinley stated, “the law is “invalid and unconstitutional on its face as the provision and issuance of compliant identification does not comport with liberal access and unreasonably burdens the right to vote.” Let his ruling stand.

You too can add your voice.  Please do so.  Thanks.

Update 5 pm January 17, 2014

Attorney General Kathleen Kane released a press statement at 4 pm today in response to the Commonwealth Court’s ruling this morning. Here’s what it says,

“I respect Judge McGinley’s very thoughtful decision in this matter. The Office of Attorney General will continue to defend the rights of all Pennsylvanians and we will work with all related Commonwealth agencies to carry out this decision and ensure that all voters have access to free and fair elections.”

Q&A regarding Attorney General Kane’s position:

1. How does this decision affect Attorney General Kane’s previous concerns?

Attorney General Kane’s previous concern and legal analysis mirrored the concern and ultimate decision of the courts in that implementation may not be sufficient to ensure free and fair elections.

2. What happens now in terms of an appeal?

The Office of Attorney General is awaiting direction from its client.”

December 19, 2013

Scrooge to Bellefonte: “Bah! Humbug!”

Streetscape next to the Centre County Courthouse if and when the Garman Opera House is razed. We need to stop this before it happens. Photo rendition by Mary Vollero

Streetscape next to the Centre County Courthouse once the Garman Opera House and Hotel DoDe are razed.  Photo rendition by Mary Vollero

Three days ago, Ara Kervandjian, in his capacity as head of PDG and Bellefonte Mews (both are limited partnership companies created by Kervandjian), started tearing down the Garman Opera House and the Hotel DoDe (also see my previous blogs on this issue here, here and here).  He received clearance to start the demolition after the Bellefonte Borough Council by a 5-4 vote granted a permit for demolition of this structurally sound historic theatre. The windows are already gone as are, I understand, the chairs inside. Teardown of the building, brick by brick is expected to start on Friday, December 20–five days before Christmas.

This morning, Gary Hoover’s letter to the editor appeared in the Centre Daily Times.  He focused on the effect of the impending demolition of the Garman Opera House and the Hotel DoDe to the Bellefonte, PA community. Here are a couple of sentences from that letter:

It will take years to reckon the true cost for our community on multiple levels and, because of the precedent it sets, for future preservation efforts across the state.

But I bet the sum, when fully known, will be astonishing. Just the damage done to various important community-working relationships, erosion of trust in the responsiveness of local government and of faith in the fairness of our court system already frame a disaster.

I agree fully with Gary Hoover.  This callous destruction of the Garman Opera House and the Hotel DoDe is truly Scrooge-like.  Ripping down these gems of Victorian Bellefonte is ripping out much of the heart of our town. In terms of history.  In terms of historic architecture. In terms of economic sustainability. In terms of community.  In terms of trust in our local government.  In terms of business continuity.  And inevitably, in terms of continued respect and interest from visitors to our town.

Bah! Humbug!

Ignoring and dismissal of the public concern about destroying our history is part of this Scrooge-like behavior. How was the public ignored?  Here’s just one example of the “Bah, Humbug to you” mentality of the people in power; it is one of many that have occurred since this saga started.

In late October, Bellefonte’s Scrooge-like Council initially tried to clear the room of supporters of the Garman at a Council meeting.  On the agenda that night was a vote for demolition of the Garman Opera House and the Hotel DoDe.  They cited a fire hazard when they ordered us to leave.  They backed down and tabled the vote for two weeks after I stood up and cited Pennsylvania’s Sunshine Law regarding public participation and comment before taking any official actions.

Two weeks later, over 130 people came to the special meeting.  Twenty-six people spoke out; none of them supported the demolition of the Garman.  After the public comment period ended, Council asked Ara Kervandjian for comments. He stood up and had a letter written into the record that erroneously stated that the demolition follows federal preservation rules. When several people in the room called for proof of this statement from the appropriate authority, the President of Council denied any further comment from the public and called for a vote to demolish the buildings.

Three days later, Borough Council, Kervandjian and several others received a letter from the Pennsylvania Historical and Museum Commission’s (PHMC) Bureau of Historic Preservation stating that the letter read before the vote was incorrect (see quote below). Thus the vote for demolishing these historic buildings appears to have been flawed.  Yet when the public asked the Council to reconsider this vote based on having been presented flawed information, Council said no.

In other words, “Bah! Humbug! to the citizens, businesses and visitors of historic, Victorian Bellefonte.

The Ghosts of Christmas Past, Present, and Future Speak Out

Quoting from the PHMC Bureau of Historic Preservation letter:

We recently received a copy of the November 11 letter addressed to you from Holly Glauser of PHFA. In it, she mistakenly states that the review process under Section 106 is complete [emphasis added]….

In our opinion, although fire damaged, these building retain sufficient integrity to convey their significance and contribute to the Bellefonte Historic District.  Therefore, the removal of the contributing buildings and new construction has the potential to adversely affect historic properties, specifically the Bellefonte Historic District….

Under Section 110(k)of the National Historic Preservation Act, any demolition (even as a result of a court order) that occurs PRIOR to [emphasis in original] completing the Section 106 review process would be considered “anticipatory demolition” and could put your use of HUD funds in jeopardy. Every effort should be made to resolve the potential adverse effect prior to any decision to demolish a contributing building within the Bellefonte Historic District.

– Andrea McDonald, Acting Director, Bureau of Historic Preservation

Who is Scrooge?

Who is Scrooge in this act of destruction?  There’s more than one Scrooge in this comedy of errors.

There’s the developer, Ara Kervandjian and his companies PDG and Bellefonte Mews who ignored all calls for saving the Garman. They said it’s “too expensive” to preserve even the facade.

There’s the Bellefonte Area Industrial Authority who pooh-poohed the alternative plan by the Bellefonte Historical and Cultural Association (BHCA) to preserve the theatre and create a regional arts center. They gave Kervandjian essentially a free ride in presenting his plan while at the same time created multiple hurdles for BHCA to jump over that weren’t raised in Kervandjian’s plan.

And then there’s the majority of members of the Bellefonte Council who ignored calls, petitions, and public meeting calls for saving the building  and then voted to destroy part of the town’s National Historic District based on false information.

Here in Victorian Bellefonte, we are not likely to see the happy ending written into the original Victorian classic, “A Christmas Carol.”  Our Scrooges haven’t seen, or heard the spirits of Bellefonte’s past, present, or future. Their hearts and minds appear to be heartlessly frozen.

Neither Bellefonte nor the state want to see these miserly Ebenezer Scrooge’s harm our town and historic preservation in general.

Scrooges, do the town some good.  We still have a chance to turn this travesty around before the buildings are completely gone. These historic buildings are our town’s Tiny Tim.  Save “him” now.

December 13, 2013

Women’s Groups File Amicus Brief in Montana v. Rambold

Stop Violence Against Women NOW diamond

Stop Violence Against Women NOW

In August 2013, Judge G. Todd Baugh issued a 30-day jail term for one guilty plea by Stacey Rambold for one count of sexual intercourse without consent against a 14-year old minor.  NOW, UltraViolet, and people around the world expressed outrage at this judge’s use of rape myths to minimize the assault and create a sentence that was way below the mandatory minimum for such an offense. Following the initial outrage, Montana NOW and Pennsylvania NOW filed a joint complaint with the Montana Judicial Standards Commission about Judge Baugh’s violation of the state’s judicial Rules of Conduct.  Then last weekend, Montana NOW and Pennsylvania NOW responded to Judge Baugh’s refusal to acknowledge bias and prejudice in his sentencing of Rambold.

Meanwhile the Montana Attorney General’s Office (AG) filed an appeal with the Montana Supreme Court on December 6 to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines.  They are asking for minimally at least a four-year sentence.

After finding out about the AG’s intent to appeal the original jail term, Montana NOW and Pennsylvania NOW looked into the possibility of filing an amicus brief to the court to support the appeal.  We contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus.  They were interested and helped put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana.  As a result, all five organizations agreed to take on this amicus; Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief.   Thank you all for assisting and working with us on this brief.  We couldn’t have done it without your legal expertise and caring about this miscarriage of justice.

The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases.  We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case to a new judge for sentencing.

We state in this brief that rape myths are a form of gender bias that destroys the integrity of the judicial process and contravenes Montana law. The three myths we focus on are:

  1. Blaming the Victim
  2. The Myth of the Nonviolent Rapist and Implied Consent
  3. The Lolita Effect and Power Dynamics in Sexual Assaults

After presenting the background on these myths, we then link them to what we believe happened in this case based on the statements made by Judge Baugh and his minimal sentencing of Rambold.  We show that the District Court’s erroneous reliance on these rape myths pose a threat to sexual assault survivors’ confidence in  the judicial system. We then request that the Supreme Court use their supervisory authority to not only remand the case back to the District Court, but also to assign a new judge for the new sentencing.

Here’s the full brief for your perusal.  It was sent via overnight mail on December 12, 2013 to all parties involved in this case for delivery by noon MST today, Friday, December 13, 2013.

Montana Amici Curiae Brief final 12-12-13.pdf

December 12, 2013

Pennsylvania Agenda for Women’s Health Initial Roll-Out

Logo for the Pennsylvania Agenda for Women's Health

Logo for the Pennsylvania Agenda for Women’s Health

On December 11, the Pennsylvania General Assembly’s Health Agenda Caucuses rolled out the first set of bills that are part of the Pennsylvania Women’s Health Agenda.  The Agenda was spearheaded by Representative Dan Frankel (D-Allegheny), Senator Judy Schwank (D-Berks) and Senator Chuck McIlhinney (R-Bucks and Montgomery). These legislators were assisted by several of their colleagues, including  Representatives Mary Jo Daley (D-Montgomery), Tina Davis (D-Bucks), Maria Donatucci (D-Delaware and Philadelphia), Erin Molchany (D-Allegheny), Mark Painter (D-Montgomery), and Brian Sims (D-Philadelphia) made the announcement of the roll-out. They announced that this first set of bills would soon be going to committee.

Video Statements

During the media advisory session, several of the Representatives were videotaped by the Pennsylvania House.  Here are those videos:

Representative Dan Frankel Announcing the Roll-Out of the Pennsylvania Agenda for Women’s Health

Representative Brian Sims and Erin Molchany Introducing the Pay Equity Bill

Representative Sims spoke first:

Then Representative Molchany followed up with additional information:

Representative Tina Davis Introducing Digital Intimate Partner Violence Bill.

This bill would “make revenge acts that include pictures of partners who are naked or involved in sexual acts illegal.”

Representative Mark Painter Introducing Employment Discrimination Protections for Pregnant Women Bill

Representative Mary Jo Daley Introducing Bill to Require Sanitary Conditions in the Workplace for Breastfeeding Women

Representative Maria Donatucci Introducing Bill to Expand Access to Cervical Cancer Screenings

Advocates Support the Pennsylvania Agenda for Women’s Health

Standing next to the legislators were representatives of many different advocacy groups who stood in support of this agenda.  The Women’s Law Project was the lead organization in working with the legislators to help create this agenda.  Pennsylvania NOW was also there.  None of the organizations present spoke at the press conference but did deliver their Statements of Support to the media.  Here are the statements from these two organizations.

Women’s Law Project

This statement is currently posted on the Women’s Law Project Legislative Action page and is repeated here just in case the URL is moved:

Women’s Law Project Commends Groundbreaking State Legislative Initiative
To Improve Women’s Health

Harrisburg, PA – The Women’s Law Project and its civic engagement action arm, WomenVote PA, commend the Women’s Health Caucus, a bipartisan, bicameral caucus of the Pennsylvania General Assembly, as it unveils the first phase of a comprehensive Pennsylvania Agenda for Women’s Health. Led by Representative Dan Frankel and Senators Judy Schwank and Chuck McIlhinney, the Caucus is taking a proactive, positive approach to helping women by addressing a wide range of legal and policy barriers to women’s health and equality.

Each component of the Pennsylvania Agenda for Women’s Health arises out of the struggles of real women in Pennsylvania. The first phase of the agenda includes legislation protecting pregnant women in the workplace, filling gaps in protection for nursing mothers at work, ensuring that women’s health centers are safe and accessible, prohibiting wage secrecy, extending health screenings to more women, stopping intimate partner harassment, and ensuring that domestic violence victims are not punished for contacting law enforcement.

“Although we’ve made progress over the years, it’s a well-documented fact that women’s health and well-being are still not a priority in Pennsylvania,” said Carol Tracy, Executive Director of the Women’s Law Project. “This legislation will address real problems that real women have every day, solutions as simple as enabling a pregnant woman to carry a water bottle during her shift and ensuring that women earn the same amount as a man doing the same job. This legislation is the beginning of a full-scale effort by the Pennsylvania Women’s Health Caucus focused on leveling that playing field for good.”

“This new legislative focus on real women’s real health needs is long overdue,” said Sue Frietsche, Senior Staff Attorney with the Women’s Law Project’s Western Pennsylvania office. “For far too long, the Pennsylvania legislature has obsessively focused on restricting women’s access to reproductive health care. That is not what women want or need. We want sensible laws that improve the lives of women, not more roadblocks to women’s health.”

Kate Michelman, renowned feminist and co-chair of WomenVote PA, stated, “Rather than helping women achieve the equality they deserve, the Pennsylvania legislature has spent unprecedented time and energy on creating barriers to contraception and abortion.” She continued, “We can’t afford to continue to be one of the worst states in the nation for women,” citing a recent report assigning Pennsylvania a “C-” grade, and ranking the Commonwealth 28th out of the 50 states in its treatment of women. “The Pennsylvania Agenda for Women’s Health has the potential to change that, and it deserves the support of every person in this state.”

For more details on the proposed legislation, please visit our web site in the coming weeks for updates, as well as visiting the WomenVote PA web site.

WomenVote PA is the non-partisan action arm of the Women’s Law Project. For more information go to www.womenvotepa.org

Pennsylvania NOW

This statement was crafted by Caryn Hunt, President-Elect; Susan Woodland, Secretary-Elect and current  At-Large Member of the Executive Committee, and myself.

Pennsylvania NOW Supports the Pennsylvania Agenda for Women’s Health

HARRISBURG, December 11, 2013—The Pennsylvania state chapter of the National Organization for Women (PA NOW) applauds the work of the House and Senate Women’s Health Caucuses as they roll out a comprehensive plan to address the real issues affecting Pennsylvania women today. Spearheaded by Representative Dan Frankel, Senator Judy Schwank and Senator Chuck McIlhinney in conjunction with the Women’s Law Project, and then developed by a broad coalition of Pennsylvania advocacy organizations that work on behalf of women every day, it is based on years of experience about what women want and need to stay healthy. This Agenda goes a long way to redressing entrenched inequities for women in Pennsylvania.

“Pennsylvania Republicans, like their counterparts in other state legislatures, have obsessed about women’s reproductive rights and have waged a non-stop campaign to control them from the capital, rolling back not just access to safe, legal abortion, but also the sense that women are full citizens entitled to a government and society that also works for them,” said Pennsylvania NOW President-Elect Caryn Hunt. “This agenda provides an antidote to the shallow, rhetorical policy-making of those in the General Assembly who have led the calls for women’s restrictions and called it concern for women’s health. It’s refreshing to see so many bills introduced that will genuinely help women, and that together provide a much truer portrait of the needs women want their representatives to address.”

These first bills address a variety of concerns for women: pregnancy accommodation is a common sense step to ensure that pregnant women are treated not as liabilities, but as persons with a temporary need for reasonable accommodations in the workplace; the bill to provide at 15-foot buffer zone around entrances to health clinics is a necessity in our state to make sure women seeking reproductive healthcare are able to access it in an orderly and safe manner; bills targeting “pay secrecy” and the “factor other than sex” loophole will help to end practices that for too long have enabled employers to pay women less than men for the same work. Other bills fill gaps in existing protections for nursing mothers, victims of intimate partner harassment and of domestic violence.

“The ideas for change in this package of bills come from real-life stories of women,” added Joanne Tosti-Vasey, President Emerita and Lobbyist for Pennsylvania NOW. “They include calls to service agencies, cries for help on hot lines, requests for advocacy, and lots of research to back up the anecdotal stories. As advocates, we realize there are other areas of concern, but believe the Women’s Health Caucuses’ agenda items are a great start.”

Pennsylvania NOW has high hopes for the Women’s Health Agenda. Finally, the concerns and needs of Pennsylvania are being honestly addressed by their representatives, rather than attacked and abridged.

I will report on more of these bills as they are announced.

December 8, 2013

Montana and Pennsylvania NOW Respond to Judge G. Todd Baugh

On September 24, 2013, Montana NOW and Pennsylvania NOW submitted a complaint about Judge G. Todd Baugh to the Montana Judicial Standards Commission.  In my capacity as a member of the Executive Committee of Pennsylvania NOW, I worked with Marian Bradley, President of Montana NOW, to craft the original Complaint. You can read a summary of and public delivery of this complaint to the Commission here.

Marian Bradley standing next to the boxes of signed petitions calling for the removal of Judge G. Todd Baugh from the bench.

Marian Bradley, President of Montana NOW speaking at the delivery of the NOW complaint to the MT Judicial Commission.

Judge Baugh responded to our complaint on November 13, 2013.  The Commission sent us a copy of his response on November 19, 2013.  They gave us twenty days to review and advise the Commission on the factual accuracy of Judge Baugh’s response.    Our response was faxed to the Commission on Saturday morning, December 7, 2013.

In our initial Complaint, Montana NOW and Pennsylvania NOW alleged that Judge G. Todd Baugh violated the following three Ethics Rules:

  • Rule 1.2 says, “promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.”
  • Rule 2.2 says, “shall uphold and apply the law, and shall perform all duties of judicial office fairly and impartially.”
  • Rule 2.3 says, “shall not, in the performance of judicial duties, by words or conduct manifest bias or prejudice, or engage in harassment, including but not limited to bias, prejudice, or harassment based upon race, sex, gender, …socioeconomic status, …”

In his response to our Complaint (and in the press), Judge Baugh acknowledges that he violated Rule 1.2 but denies any violation of Rule 2.2 or 2.3.  We believe he is in error and continues to violate these two rules in addition to Rule 1.2. Judge Baugh claims in his response to our Complaint that he did not violate either Rule 2.2 or 2.3 because he “read” the materials presented to him. He then goes on to say, “Some phrases [of what I read] stuck in my mind, but it was inappropriate to repeat them.”

We reviewed his complaint and saw additional comments of continued disregard for the performance of his duties and bias in sexual assault cases. For example as just mentioned, Judge Baugh says that he now won’t repeat whatever it was that “stuck in his mind” but was “inappropriate” to repeat.  This along with many other statements during and after the sentencing trial, in the press, and in his response all point to error in his refusal to acknowledge his violation of all three ethics rules.

Our response directly supports our initial Complaint of the violation of Rules 1.2, 2.2, and 2.3 based upon Judge Baugh’s response. We added additional comments about this particular case. In addition, we included supporting information as to what other judges throughout the country have said in relation to adjudicating and sentencing in sexual assault cases in general.  We believe that this supporting commentary from fellow judges backs up our concerns about the mishandling of this case.

The following is a copy of the Response that we filed on Saturday

// FINAL PDF- Response to Baugh Complaint Response December 7_ 2013 –

We believe that Judge Baugh violated all three rules (1.2, 2.2, and 2.3).  He agrees with us that he violated Rule 1.2 in that he failed to promote public confidence and failed to avoid impropriety in his statement and minimal sentencing of Rambold.

We disagree completely in his refusal to acknowledge the violation of Rules 2.2 and 2.3.  He did NOT uphold and apply the law relating to the sexual assault of a minor.  He did not perform his duties fairly and impartially.  His words, his conduct throughout this case and in the media, and his response to our Complaint continue to show bias or prejudice based upon race, sex, gender, and socioeconomic status.

Judge Baugh’s statements and behavior need more than a letter of censure which he claims he was told by a member of the panel in October  that he would get.  Judge Baugh listened to the recommendations of the Defendant and not to the law.  Again, with his Response to our Complaint, Judge Baugh continues to show that he has no regard for the law in the area of sexual assaults of minors and thus believes that censure is the correct remedy for violating “only” one rule – Rule 1.2.  He takes no responsibility whatsoever for violating Rules 2.2 and 2.3.

Hopefully the Judicial Standards Commission will do the morally and legally right thing, find that he violated all three rules, and remove Judge G. Todd Bench from the bench. And if the case is remanded back to the local court by the Supreme Court for resentencing, we hope that this case will be given to another judge.

December 6, 2013

ALEC and Preemption in Pennsylvania

Help Stop ALEC

Help Stop ALEC (Graphic courtesy of and permission to use by Keystone Progress)

Two days ago, the Guardian released some papers that were leaked from the August 2013 ALEC – American Legislative Exchange Council.  The initial papers that were leaked shows that ALEC is in financial trouble due to some of the mega-corporations having let their memberships lapse due to concerns over ALEC’s lobbying for “stand-your-ground” or “shoot-to-kill” laws and for suppressing voting rights, environmental protections.  Despite this run with the money, ALEC is continuing to push this right-wing agenda throughout the country and here in Pennsylvania.

ALEC’s Funding, Task Forces, and Agenda

Ninety-eight percent of ALEC’s funds come from corporations, corporate trade groups, and corporate foundations.  The remaining funds come from dues paid by conservative Republican legislators.  These funds are then used by the organization to craft so-called model legislation that the corporations believe will positively affect their bottom line.  This legislation is crafted within one of nine task forces.  According to ALEC-Exposed, “The organization boasts 2,000 legislative members and 300 or more corporate members. The unelected corporate representatives (often registered lobbyists) sit as equals with elected representatives on nine task forces where they have a “voice and a vote” on model legislation.” 

These task forces create state-level one-size fits all model bills that are designed to remove regulations on corporations.  Corporations have veto power over any bill that is crafted.  Legislator members are then indoctrinated at regular meetings of the organization (often paid for by ALEC “scholarships” or by the state travel budget for legislators). These legislators then return home and introduce these bills as their own.  Among the types of bills crafted within the task forces are bills to privatize education, limiting access to the voting booth through voter id laws, union-busting bills, and an anti-green agenda that, for example, penalizes homeowners who install solar energy.  One of ALEC’s newest targets is preempting local communities from adopting and enforcing their own laws on paid and unpaid sick days, a higher minimum wage and other workplace standards.

Pennsylvania Legislative Involvement in ALEC

Preemption and Who in the PA Legislature is a Member of ALEC

In Pennsylvania, there are currently 39 Republican state Representatives who are members of ALEC.  One of them is Representative Seth Grove (R-York).  He is a member of ALEC’s Telecommunications and Information Technology Task Force, one of the committees that focuses on limiting local control through preemption bills.  Using ALEC and his membership, Representative Grove introduced a new preemption bill – HB 1807 – that preempts or prohibits county and municipal governments from adopting and enforcing their own laws on paid and unpaid sick days.  The bill specifically prohibits any local control over paid or unpaid leave of any type; it states:

A political subdivision in this Commonwealth may not enact or administer a mandate requiring an employer to provide an employee or class of employees with vacation or other forms of leave from employment, paid or unpaid, that is not required by Federal or State law, and may not require an employer to compensate an employee for any vacation or other forms of leave for which Federal or State law does not require the employee to be compensated.

The other co-sponsors include Representatives R. Lee James (R-Butler & Venango), Ryan P. Aument (R-Lancaster), Tina Pickett (R-Bradford, Sullivan, & Susquehanna), Garth Everett (R-Lycoming), Mindy Fee (R-Lancaster), RoseMarie Swanger (R-Lebanon), Stephen Barrar (R-Chester & Delaware), Ron Miller (R-York), Susan Helm (R-Dauphin), Will Tallman (R-Adams & York), Kurt Masser (R-Columbia, Montour, and Northumberland), Marguerite Quinn (R-Bucks), Duane Milne (R-Chester), Stephen Bloom (R-Cumberland), Ron Marsico (R-Dauphin) and Gordon Denlinger (R-Lancaster).  Five—Barrer, Helm, Marsico, Pickett, and  Ron Miller—of  these sixteen co-sponsors are also members of ALEC.

Status of this Preemption Bill

The bill was introduced into the Pennsylvania House of Representatives and referred to the House Labor and Industry Committee on October 23, 2013 on which Representatives Grove and Aument  sit.    It immediately became one of the fastest moving bills in the legislature. On November 18, this committee amended the bill to grandfather local communities that have already passed a preemption ordinance prior to January 1, 2014 and then passed the bill out of committee along party lines (15-9).  It immediately came up and passed under first consideration and is now set for second consideration where amendments may be offered.

As of today, the House has announced that they are at least temporarily tabling the bill.  Supporters however are saying that they will pass the bill out of the house by the end of the year.    So we need to keep up the pressure and tell our legislators to vote NO on HB 1807.  The following are some talking points you can use when writing or calling your Representative.

Talking Points

The following talking points were created by a coalition of organizations in Pennsylvania concerned about this preemption bill.

  • Across the country, grassroots efforts to enact paid sick days, higher minimum wages and other common sense workplace reforms are gaining momentum. These policies improve the lives of working men and women, their families, communities and local economies.
  •  To stop this progress, corporate lobbyists and the state legislators they control have quietly begun to enact dangerous and undemocratic “preemption” laws.
  •  Preemption” laws passed at the state level prohibit cities and counties within that state from adopting their own laws on paid sick days, a higher minimum wage and other workplace standards.
  •  Laws that preempt local decision-making strip cities and counties of their right to adopt policies that will benefit their communities, in violation of core conservative and democratic principles.
  •  Preemption has been a nationally coordinated, go-to strategy of special interest lobbyists for years, used to undermine and eviscerate smoking bans, nutrition labeling laws and other food safety measures, and gun violence prevention measures. Now this strategy is being used by the National Restaurant Association and the corporate group ALEC, the American Legislative Exchange Council, to target modern economic policies that help working people and their families.
  •  ALEC is the industry-backed organization responsible for “stand-your-ground” or “shoot-to-kill” laws and for suppressing voting rights, environmental protections and more. It is comprised of both lobbyists for multi-million dollar corporations and legislators who are aligned with and take contributions from those corporations.
  •  Preemption is yet another way that ALEC is attempting to “steal” democracy from voters. In addition to trying to control who gets to vote, ALEC also wants to control what citizens can vote on.
  •  Instead of fighting grassroots paid sick days and minimum wage efforts city by city, corporate lobbyists are working with their legislator allies in the state capitals, where they have more influence, to keep local governments from doing what’s best for their people and communities. In fact, they’re pushing paid sick days preemption law in states that don’t even have any municipal efforts to pass the measure – just to head off grassroots momentum before it starts.
  •  Nine states have already passed paid sick days preemption laws – Arizona, Florida, Indiana, Kansas, Louisiana, Mississippi, Tennessee, Georgia and Wisconsin. And the opposition is getting more aggressive: Six of these nine laws were passed in 2013. A tenth state – North Carolina – has passed a narrower preemption bill that affects state contractors. Bills are pending in at least six other states – with more expected in 2014. It’s obvious that they’re being coordinated on a national level.
  •  Local innovation is the lifeblood of progress. Preemption efforts, driven by special interests, should not stand in the way of local innovation or self-rule, which historically has paved the way for meaningful statewide and then federal action on minimum wage, family leave and other issues. Bills like this represent an ominous attempt to remove power from locally elected officials and make the voters mere bystanders in the democratic processes that define the character of their communities.
  •  Strong statewide earned sick days and minimum wage standards are preferable, but in the absence of statewide policies, localities must have the freedom to do what’s best for their people and communities. Millions of workers without paid sick days are too often forced into going to work sick, sending sick kids to school, putting off needed health care, or losing pay and even their jobs if they stay home. Local lawmakers are increasingly recognizing that paid sick days policies are both an economic and a public health imperative, and are learning from the positive experiences with paid sick days standards in San Francisco, Seattle and Connecticut.
  •  Even if preemption bills seem to have a narrow focus, passage of this type of legislation could result in preemption of a wide range of local ordinances, whether passed through voter referendum or by city councils, in municipalities throughout the state. These include efforts to expand protections for those who have experienced domestic violence, laws prohibiting wage theft, consumer protection initiatives, and many more. Corporate lobbyists don’t want any regulations standing in the way of their profits.

What You Can Do to Stop This Bill

We need to have members of the House of Representatives called to tell them to vote NO on this bill.  Keystone Progress has set up a call-in page for us to use. Let’s start getting calls in to legislators right now! Once you make your call, please forward this email to your constituents, members, friends, family – anyone who can make a call. Here’s the contact call page:

You can also tweet about this – here are a few Sample Tweets:

  • PA’s House Labor Cmmte just passed a bill taking local control from YOUR local officials. Tell them what you think: http://bit.ly/1aNdZLe
  • Stop corporate vetoes on our local laws: call your legislators now! http://bit.ly/1aNdZLe #paidsickdays
  • ALEC attempting to preempt local control of paid and unpaid sick leave in PA. Tell #PALegis what you think: http://bit.ly/1aNdZLe
  • ALEC attempting to preempt local control of paid and unpaid sick leave in PA. Tell @PAGOP what you think: http://bit.ly/1aNdZLe
  • #Preemption is another way that ALEC is attempting to “steal” democracy from voters. Tell @PAGOP what you think: http://bit.ly/1aNdZLe
  • #Preemption is another way that ALEC is attempting to “steal” democracy from voters. Tell #PALegis what you think: http://bit.ly/1aNdZLe
  • #Preemption bill threatens local efforts to assist Domestic Violence survivors. Call your legislators now! http://bit.ly/1aNdZLe

You can also let your friends, family, and neighbors know about this corporate threat to local control by talking, emailing, using social media, and/or forwarding this blog on to them. There are several links at the bottom of this blog: choose what works for you.

And thanks!

October 31, 2013

Halloween Ode to the Garman Opera House

Happy Halloween readers!

It’s a day of “Trick or Treating” or “Trunk or Treating” depending on where you live.  In my case, a safe, historic town with lots of door-to-door trick or treaters.

However, it may also be a sad day – IF the Garman Opera House is allowed to be demolished by the Bellefonte Borough Council when it votes on the recommendation to raze this historic theater Monday night, November 4.  Despite the fact that the plan to demolish the Garman is on appeal in the Pennsylvania Commonwealth Court.

So a friend of mine (who is also a member of the Bellefonte Historical and Cultural Association) has created a Halloween lawn Ode entitled “Let Us Eat Your Town” on his front lawn to the Garman Opera House (1890-?) and to the destruction of Historic Victorian Bellefonte – our town:

 

Photo of Patrick North's front yard with his Halloween Ode to the Garman Opera HouseGarman Opera House

Ode to the Garman Opera House: “Let Us Eat Your Town.” Photo taken by Sally Houser

What will be lost?  Here’s the streetscape as it looks today.  On the left is the Centre County Courthouse. The Garman Opera House is the building on the right with the black bonnets over the first-floor windows:

 

Streetscape of High Street as seen today of the Garman Opera House across the street from the Centre County Courthouse.


Streetscape of High Street as seen today of the Garman Opera House across the street from the Centre County PA Courthouse.

And here’s what it will look like once the building is razed, courtesy of the artistic Photoshop skills of my friend Mary Vollero – a locally well-known artist and PSU faculty member.

 

Streetscape next to the Centre County Courthouse if and when the Garman Opera House is razed. We need to stop this before it happens. Photo rendition by Mary Vollero

Streetscape next to the Centre County Courthouse if and when the Garman Opera House is razed. We need to stop this before it happens. Photo rendition by Mary Vollero

Note, the developer, who purchased the building through a local court order, has given no guarantee that he will build ANYTHING in the next two years to replace the Garman.  His only guarantee is to raze the building and plant grass.  If he doesn’t restore/rebuild, he has agreed to give town council the right of first refusal to buy the property back at his cost for purchasing and razing the building.

The Bellefonte Borough Council is meeting on Monday, November 4, 2013 at 7:30 pm.  They will be voting on the recommendation to raze the Garman.

Despite opposition by the community (at least 700 residents of the town and more than 1700 signers on BHCA’s Save the Garman petition).  Despite the fact that the Bellefonte Historical and Cultural Association has a feasible plan (and initial funds) to save and restore this structurally-sound historic theatre as a regional community arts center. And despite the fact that the decision to destroy this historic building was done through the misuse of Pennsylvania’s Abandoned and Blighted Property Conservatorship Act; that decision is now on appeal in Pennsylvania’s Commonwealth Court.

For more info, you can check out the complete Save the Garman Opera House website as well as my two earlier blogs (here and here) on this gem of history and the arts here in rural central Pennsylvania.

So…

Happy Halloween All!

It might be the last one for the Garman Opera House UNLESS we can change the minds of the Bellefonte Borough Council. Come to Bellefonte’s council meeting on Monday evening, November 4 @ 7:30 pm to stand up for and speak out against the demolition/razing of the historic Garman Theater. Meeting will be held at Borough Council Chambers, Bellefonte Municipal Building, 236 West Lamb Street, Bellefonte, PA 16823.  If you can’t come, you can contact members of council through this link: http://bellefonte.net/government/directory/borough-contacts/

Thank you and

HAPPY HALLOWEEN!  BOO!

October 24, 2013

Calling for Marriage Equality

Last Monday (October 21), New Jersey became the fourteenth state to grant lesbian and gay couples the right to marry.  This declaration came through the New Jersey Supreme Court on Friday, October 18 when the Court stated that same-sex couples could marry while the state’s appeal to uphold the ban proceeded through the court.  On Monday, October 21, Governor Chris Christie withdrew the state’s appeal asking the court to uphold the state ban on same-sex marriage; his administration released a statement that said, “The Governor will do his constitutional duty and ensure his Administration enforces the law as dictated by the New Jersey Supreme Court.”

While all of this was going on, the New Jersey General Assembly was once again attempting to pass a veto-proof marriage equality bill because in February 2012 Governor Christie had vetoed the original marriage equality bill and we expected that he would the bill again.  So many people around the country were calling constituents of persuadable legislators to vote for the bill.  With both decisions by the Supreme Court and Governor Christie, the phone calling into New Jersey ended.

Meanwhile, a similar bill for marriage equality is pending in Illinois. And like in New Jersey, the vote for the right to marry is close.  The bill passed the Illinois Senate on February 14, 2013 with 34 yeas and 21 nays; it is now up for a vote in the Illinois House of Representatives. And like in New Jersey, supporters of marriage equality are calling into the state to educate constituents about the bill and ask them to call their Representative to vote yes on Senate Bill 10.

The organization coordinating the calls is the National Equity Action Team (NEAT), “a coalition of national, state, and local organizations and individuals who mobilize to win the freedom to marry in states with active marriage equality campaigns.”  The coalition organizations include:

NEAT is organizing phone banks two to three times a week for equal access to marriage.  Some of the phone banks are land-based groups of people making calls together at one site (usually NYC, Raleigh, NC, and several sites throughout IL); others are phone calling from the privacy of their homes and are being made throughout the US.

Joanne Phone Banking for Marriage Equality

Joanne Tosti-Vasey making phone calls into New Jersey on October 3, 2013

I have made these calls three times so far. Two were calls into New Jersey and one, so far, was into Illinois.  The first evening I did the calls with several NOW members of my local NOW chapter – Ni-Ta-Nee NOW.  The rest of the calls were made from the privacy of my home.

You too can call for Marriage Equality.  Just go to http://theneat.org and then click on the Volunteer button at the top of the page. The volunteer pages list several opportunities – some group calls and some home-based phone banking through November 10 as of right now.  Check your calendar, click on the dates and times you are available, fill out the information form, and you are on your way!  NEAT will then email you with the details and will provide and computer- and phone-based training.

Join me.  And call for Marriage Equality. Thanks.