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Justice

NYPD Spent 1 Million Hours Over Last Decade On Marijuana Arrests, Analysis Finds

New York Police Department officers have spent 1 million hours making 440,000 marijuana arrests between 2002 and 2012, according to a new report from the Drug Policy Alliance. DPA put together the data in response to a request from New York City and New York State, as they consider measures to decriminalize marijuana. Each of these arrests can cost $1,000 to $2,000, according to a 2011 DPA estimate, costing New York City $75 million in just a single year (2010). The report explains:

In our ongoing research about marijuana possession arrests in New York, we have found that a basic misdemeanor arrest for marijuana possession in New York City varied from a minimum of two or three hours for one officer, to four or five hours or even longer for multiple officers. [...]

We multiplied 2.5 hours by the number of lowest‐level marijuana possession arrests (charged under NYS Penal Law 221.10) for each year since 2002 when Mayor Bloomberg took office. […] That is the equivalent of having 31 police officers working eight hours a day, 365 days a year, for 11 years, making only marijuana possession arrests. [...]

Two officers for five hours equals four million hours of police time. This does not include the time spent by police supervisors or by corrections, court, and prosecutor staff, nor the time officers spent searching for people to arrest.

This is not the only area in which New York City police officers have been particularly aggressive. This week, a federal court is hearing a class action challenge to the rampant stop-and-frisks that yielded more NYPD stops in 2011 of young black males than their total population in the city. But the numbers make a compelling case that focusing on marijuana crackdowns detracts both money and resources from addressing serious and violent crime. An 2007 law review article on New York’s marijuana arrests concluded:

We find no good evidence that the MPV [marijuana in public view] arrests are associated with reductions in serious violent or property crimes in the city. As a result New York City’s marijuana policing strategy seems likely to simply divert scarce police resources away from more effective approaches that research suggests is capable of reducing real crime”….

This policing strategy focused on misdemeanor [marijuana in public view] arrests is having exactly the wrong effect on serious crime – increasing it, rather than decreasing it

While New York State decriminalized some marijuana possession in 1977, it did not lower the penalty for the so-called MPV arrests described above. Once a suspect is asked to empty his pockets during one of the millions of NYPD stop-and-frisks, marijuana is considered in “public view” and individuals can be arrested. Reports suggest that the New York State legislature could expand decriminalization to cover MPVs in New York City as early as this week. This would make possession of small amounts of marijuana a civil rather than a criminal infraction. Bloomberg has already eliminated overnight jail custody for those arrested.

Climate Progress

John Kerry Says ‘The Science Is Screaming At Us’ But Would Approving Keystone Destroy His Climate Credibility?

Secretary of State John Kerry delivered another set of powerful remarks on climate change last night. But all his poignant words will come to nought — indeed, they’ll come back to haunt him — if he makes the wrong decision on the Keystone XL tar sands pipeline.

How precisely could Kerry lobby other countries to join an international climate treaty (and move away from fossil fuels) — perhaps his primary goal as Secretary — after enabling the accelerated exploitation of one of the dirtiest sources of fossil fuels in the world?

I had thought that Obama’s strong post-reelection words on climate, coupled with the choice of climate hawk Kerry as Secretary of State, might be a double signal that the administration was prepared to kill the Keystone XL pipeline. But last week, the White House started sending signals “the president is inclined to approve the Keystone XL pipeline.”

Keystone is a gateway to a huge pool of carbon-intensive fuel most of which must be left in the ground — along with most of the world’s coal and unconventional oil and gas – if humanity is to avoid multiple devastating impacts that may be beyond adaptation. That can’t happen without some sort of international agreement (or multi-lateral or bilateral agreements). And such an agreement is not possible without the U.S. taking a leadership role, since we are the richest country and the biggest cumulative polluter.

Kerry certainly understands the risks posed by climate inaction. Yesterday at the National Geographic Society’s Ross Sea Conservation Reception, he said:

I have seen this fragile ecosystem change before our very eyes, whether it’s a problem of acidification, a problem of pollution and development, a problem of ice melt and potential ecosystem collapse, to the rise of the sea levels, which is happening in various parts of the world….

The entire system is interdependent, and we toy with that at our peril….

So climate change is coming back in a sense as a serious international issue because people are experiencing it firsthand. The science is screaming at us, literally, demanding that people in positions of public responsibility at least exercise the so-called “precautionary principle” to balance the equities and not knowing completely the outcomes at least understand what is happening and take steps to prevent potential disaster.

… I’m here to tell you that, proudly, President Obama has put this agenda back on the front burner where it belongs, that he has in his Inauguration Address and in his State of the Union Address and in the policies he’s working on now said we are going to try to exercise leadership because of its imperatives.

[Well, figuratively, not literally....]

But I’m not sure if Kerry has thought through the international implications of approving Keystone. The United States has already undermined its standing to cajole other countries into climate commitments by expanding oil and gas drilling as well as coal exports. But none of those were Kerry’s decision, whereas Keystone is.

Yes, the U.S. has a serious shot at hitting Obama’s Copenhagen pledge of a 17% cut in CO2 emissions from 2005 levels — if the President embraces strong emissions reductions from existing power plants. But let’s not pretend that target is either especially hard to hit or scientifically meaningful (see “Developed Nations Must Cut Emissions In Half By 2020, Says New Study“).

That is to say, the fact Kerry can go to the other big emitters and commit to meeting Obama’s pledge is a necessary minimum condition to achieve a climate agreement — but it is not sufficient. He needs some moral standing, he needs to be able to demonstrate to the world the U.S. understands that far deeper cuts are needed post-2020 and that means not sticking new spigots into huge, dirty carbon pools like the tar sands.

Kerry needs to show that his words are more than words, that he actually hears the screams from the science — and from generations yet unborn. Kerry must recommend to Obama that Keystone be killed. And Obama must agree — and no, Kerry will not gain anything if Obama were to over-rule him. Quite the reverse: That would be a vote of no-confidence in his Secretary of State on climate issues and make of Kerry a paper tiger.

Kerry starts as Secretary with clean hands on climate. But approving Keystone would be like dipping his hands into the dirtiest, stickiest tar imaginable — they could never be cleaned again.

Economy

Atlanta Council Approves Public Tax Money To Replace 20-Year-Old Football Stadium

Atlanta’s city council overwhelmingly approved a plan that would, on its face, spend $200 million in public tax dollars to replace the Georgia Dome, the 20-year-old home of the National Football League’s Atlanta Falcons. The dome, despite its seemingly young age, is among the older stadiums in the NFL thanks to a rash of publicly-financed construction across the league in recent years.

On first glance, the Atlanta deal seems like a pretty good one for taxpayers, at least relative to other stadium financing plans. The Falcons are going to cover $800 million of the $1 billion cost as well as some infrastructure improvements and cost overruns. But the $200 million cost to taxpayers is actually much larger, according to Neil DeMause at Field of Schemes, who tallied the public cost at more than $500 million once all the subsidies and costs are included:

Add the $300 million to our original $254 million, and we get a total public subsidy for the project of $554 million.

Could this be off? Sure: growth in hotel tax revenues could be less than what it has been; the financing costs for the stadium could eat up more of the money than I’ve estimated; or half a dozen other uncertainties. But as a best guess for how much the Falcons deal would cost the public, “more than half a billion dollars” is an excellent starting point.

While the Falcons have argued that the Georgia Dome’s age relative to other facilities is a hindrance, it hasn’t had any problem hosting major events lately. It will host the NCAA men’s Final Four in April, and it is the often the home of the Southeastern Conference men’s basketball tournament, college football classics and bowl games, and the NCAA Tournament. But it is falling behind in the race to host future Super Bowls (which aren’t as good for the economy as proponents often claim) and it doesn’t have enough luxury suites for owner Arthur Blank to maximize revenue, so the Falcons have spent the last year pushing for a replacement.

Today, they got it, even though Atlanta’s education budgets remain drained and such deals almost always turn out poorly for the taxpayers who foot the bill.

Health

OOPS: Rand Paul Makes Case Against The Pro-Life Agenda

Last week, Sen. Rand Paul (R-KY) introduced “The Life at Conception Act,” a personhood measure that would outlaw abortions by declaring that “human life begins at the moment of conception, and therefore is entitled to legal protection from that point forward.” “The right to life is guaranteed to all Americans in the Declaration of Independence and ensuring this is upheld is the Constitutional duty of all Members of Congress,” Paul said in a statement. Anti-abortion activists have tried to advance similar measures across the nation.

But on Tuesday, during an appearance on CNN’s The Situation Room, Paul — who is said to be eyeing a run for the White House in 2016 — seemed to waver from his belief that all abortion is tantamount to killing human life and should be illegal. Asked if the measure offers exceptions for rape or incest victims, the Tea Party star admitted that it includes “thousands of exceptions” and explained that medical decisions “in the early stages of pregnancy that would have to be part of what occurs between the physician and the woman and the family” — free of government interference:

BLITZER: Just to be precise, if you believe life begins at conception, which I suspect you do you would have no exceptions for rape, incest, the life of the mother is that right?

PAUL: I think that once again puts things in too small of a box. What I would say is there are thousands of exceptions. I’m a physician and every individual case is going to be different. Everything is going to be particular to that individual case and what is going on that mother and the medical circumstances of that mother…. There are a lot of decisions made privately by families and doctors that really won’t, the law won’t apply to, but I think it is important we not be flippant one way or the other and pigeon hole and say this person doesn’t believe in any sort of discussion between family and physician. [...]

BLITZER: It sounds like you believe in some exceptions.

PAUL: Well, there is going to be like I say thousands of extraneous situations where the life of the mother is involved and other things that are involved so I would say that each individual case would have to be addressed and even if there were eventually a change in the law let’s say people came more to my way of thinking there would still be a lot of complicated things the law may not ultimately be able to address in the early stages of pregnancy that would have to be part of what occurs between the physician and the woman and the family.

Watch it:

Paul describes himself as pro-life and has called on Congress to “end abortion on demand once and for all” and overturn Roe v. Wade. But in the answer above, he almost seems to adopt a pro-choice frame, inadvertently making the case for why the right wing’s efforts to declare a fetus a person (and outlaw abortion) undermines women’s health care and well being and invades the doctor/patient relationship.

Justice

Assassination ‘Joke’ Sheriff Doubles Down, Compares Critics To Nazis

Plymouth County, MA Sheriff Joe McDonald (R)

Plymouth County, MA Sheriff Joe McDonald (R)

A day after ThinkProgress and others reported that Joseph D. McDonald, Jr. (R), Sheriff of Plymouth County, Massachusetts, told a “joke” at a Republican St. Patrick’s Day breakfast suggesting the nation would be better off if President Obama were assassinated, McDonald stood by his joke and compared his critics to Nazis.

Though McDonald’s office still has not responded to a request for comment from ThinkProgress, the Plymouth Patch reported Tuesday that Sheriff McDonald defended the “joke” as more than 150 years old and repeated it in its entirety. According to the story, McDonald attempted to spin himself as the victim of Nazi-like tactics: “The irony of it is, it’s perfectly OK for them [liberals] to make those jokes about President Bush or someone from the other side of the aisle. I can imagine what some of this place comes from not 2013 United States, it’s more like Nazi Germany in 1938.”

The report also notes:

“The joke I told was like The Christmas Carol story,” McDonald said Tuesday afternoon.”And I want to preface it by saying it’s something akin to a joke I’ve heard liberals tell.

He said people have made death threats on his Facebook page and have called the joke treasonous. He called people who have complained about the joke and demanded that he resign “hypocrites.”

McDonald defended the joke and called complaints about it were ironic. “The basic concept of it has been around since the Andrew Johnson administration,” he said. “The radical Republicans wanted him to take a much harder line on Reconstruction of the South, and the joke was that Johnson should have gone to the theater instead of Lincoln.”

McDonald’s defense of his comments — and his attacks on anyone who dared speak out against them — ignores the fact that as a public safety official who has taken an oath of office, he is held to a higher standard that some unnamed liberals or political activists of the 1860s.

Health

How ALEC Has Undermined Food Safety By Pushing ‘Ag Gag’ Laws Across The Country

Butterball was the subject of an undercover animal abuse video last year.

Two more states are considering bills that would prevent whistleblowers from exposing cruel or unsafe practices in factory farms, joining five other states with similar “ag gag” bills. If passed, the pending legislation in Tennessee and California would require that evidence of animal abuse be turned over to law enforcement authorities within 24 to 48 hours.

Such bills are touted — and, in some cases, sponsored — by agriculture industry officials as a lawful attempt to stop animal cruelty in farming operations. But they actually undermine advocates’ work to develop animal cruelty or food safety cases against the agricultural industry.

And it turns out the real basis for the bills has its origins in the American Legislative Exchange Council, a conservative think tank that has been behind such legislative pushes as “stand your ground” gun laws, voter ID laws and laws mandating states teach climate change denial in schools. Several of the lawmakers who are pushing ag gag laws have agriculture industry ties and ties to ALECnearly one in four Iowa lawmakers who voted for Iowa’s ag gag law, for example, are members of ALEC.

In 2002, ALEC introduced a piece of mock legislation titled the Animal and Ecological Terrorism Act, which labels people who interfere with any animal operations “terrorists” and made it illegal for anyone to enter “an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner.” ALEC began pushing the legislation in 2004, and several of the bills currently being considered borrow language from AETA — Indiana’s bill aims to keep farming operations “free from the threat of terrorism and interference from unauthorized third persons,” for instance. And ALEC continues to support these bills, as an ALEC spokesman told the AP:

“At the end of the day it’s about personal property rights or the individual right to privacy,” said spokesman Bill Meierling. “You wouldn’t want me coming into your home with a hidden camera.

In fact, these proposed laws aren’t about personal property or privacy rights: they’re about consumers’ rights to know where their food comes from versus the agriculture industry’s desire to protect itself from negative press. Undercover videos have played a key role in exposing cruelty in some of the nation’s most well-known agriculture companies, and videos of sows crammed in gestation crates helped garner enough public outcry that McDonald’s announced it would phase-out gestation crates from its supply chain. But ag gag laws that require videos and photos to be immediately turned over to law enforcement, instead of delivered to the press, makes it doubtful that the public — the people who are consuming the meat, eggs and milk from these factory farms — will ever see them.

Six states already have ag gag laws on the books, and these laws have led to a chilling effect on advocacy groups’ investigations. If these new bills are passed, they would further close off the agriculture industry from the public eye — and we’ll have ALEC to partially thank for that.

LGBT

Sante Fe Lawmakers Welcome Same-Sex Marriage

Santa Fe Mayor David Coss

New Mexico is an odd state when it comes to the current legal circumstances for same-sex marriage. It has neither a constitutional amendment nor a state law limiting marriage to opposite-sex couples. In 2004, a county clerk simply started offering marriage licenses to same-sex couples, and before that was stopped, 64 couples obtained marriage certificates. Since then, county clerks have simply agreed not to offer more same-sex marriages until the state legislature acts, but the legality of those 64 marriages and the status of marriage equality throughout the state remains in limbo to this day.

That may soon change, as Santa Fe Mayor David Coss (D) and City Councilor Patti Bushee are calling on the City Council to adopt a resolution clarifying that same-sex marriage legal. Coss noted that his daughter is gay and he looks forward to the day he can walk her down the aisle. City attorney Geno Zamora determined that since nothing prohibits same-sex couples from obtaining marriages, then same-sex marriage must be legal. Oddly, the Santa Fe County Clerk, Geraldine Salazar, was not included in this new push, and she has said she still will not offer licenses until the state acts. Thus, even if the Santa Fe City Council acts, it may not change anything in the short term.

Still, this renewed visibility may be enough to awaken the sleeping giant. Any county clerk in the state could decide at any moment to begin offering same-sex marriage licenses again, and hypothetically, nothing under the law could prevent them from doing. State Attorney General Gary King (D) offered guidance in 2011 that same-sex marriages from other states should be recognized in New Mexico. It makes sense that marriages performed in New Mexico would also be recognized in New Mexico.

Alyssa

Tavi Gevinson On Reconceiving Strong Female Characters

The TED lecture series has expanded to a TEDxTeen program, and one of the first participants is Rookie Magazine founder and style icon Tavi Gevinson, who raises some important points about the much-maligned archetype of the so-called “strong female character”:

“I think the question of what makes a strong female character often goes misinterpreted and we get these two-dimensional superwomen,” Gevinson suggests. “They’re not strong characters who happen to be female. They’re completely flat.”

I’d actually go further. The evaluation of whether a female character is strong shouldn’t be about whether or not the character herself demonstrates physical or emotional resilience, but about whether the execution of the character, whether she is personally weak or strong, decisive or lost, is precise and unique. The “strong,” if we’re going to keep using the term, should be an indicator of quality, rather than of type. A personality can be strong and distinct without being positive. And there should be a lot more room for women to be compelling without being nice, to exist with a network of support rather than needing to do everything for themselves, and for stories about them to make them worthy of our investment because of those things. Going from one very narrow lane to the next isn’t an improvement. I want female characters to be able to drive all over the highway.

Immigration

How The Highly Skilled Visa Program Is Cutting Women Out

The latest word out of the Senate gang of eight is that an immigration deal may adopt a Republican proposal to shift the focus away from family-based immigration in favor of employment-based immigration. A new report shows how that approach would particularly hurt women: Data acquired by Contra Costa Times shows that men are much more likely to receive visas for highly skilled labor than women.

There is at least one type of employment visa that favors men over women: H-1B visas, which cover highly skilled workers and are popular in the heavily male tech industry. In 2011, 70 percent of H-1B visas for highly skilled workers were men:

The U.S. Office of Immigration Statistics recorded 347,087 male H-1B visa holders entered the country during the 2011 fiscal year compared to 137,522 women. The data is imperfect because it includes many H-1B immigrants traveling to the United States after visits to their home countries, not just first-time arrivals.

Examples of the gender gap go beyond H-1Bs: “Among professional and management workers, about 67,000 immigrant men and only 39,000 immigrant women earned green cards last year for permanent U.S. residency.” The result is men receive 63 percent of green cards, even though women hold a majority of those jobs.

On Monday, the Senate Judiciary Committee examined immigration reform’s impact on women immigrants. Sen. Mazie Hirono (D-HI), addressing an audience of just three other senators at the hearing, said there should be no “either-or proposition” between family-based and employment-based immigration. In fact, President of Asian American Justice Center Mee Moua shut down Sen Jeff Sessions (R-AL) argument against admitting family members, arguing that Sessions’ proposal would “disadvantage specifically women and their opportunity to come into this country.”

Health

LA’s New ‘Condoms In Porn’ Law Is Pitting AIDS Groups Against The Adult Film Industry

On Election Day 2012, Los Angeles County voters approved Measure B, an ordinance “requiring producers of adult films to obtain a County public health permit” and for “adult film performers to use condoms while engaged in sex acts.” Porn producers, who have consistently opposed the measure, vowed to fight it tooth and nail. But as it turns out, one group is ready to fight back.

On Monday, the AIDS Healthcare Foundation (AHF) — an advocacy and lobbying outfit that has pushed for cheaper HIV medications and greater public health protections for HIV-positive Americans — became the first group to call out the Los Angeles County Department of Public Health over its allegedly lax enforcement of Measure B since its passage. The foundation lodged an official complaint with the County “after receiving an anonymous letter with an accompanying videotape filmed by someone on an Immoral Productions set” depicting unsafe sex practices and reviewing material on the production company’s website that also depicted intercourse without a condom.

For the well-funded advocacy group, this is just the latest skirmish in a decade-long battle. AHF president Michael Weinstein has spearheaded efforts to instill the same workplace safety and public health standards on straight porn sets as are already enforced in most gay pornography productions. Under his leadership, the AHF filed suit — to no avail — to make Los Angeles-produced pornography a “condom-only” enterprise; pushed for a citywide L.A. ordinance to the same effect; and spent over $1.6 million in its ultimately successful 2012 campaign to pass the more expansive, countywide Measure B. As he told L.A. Weekly in 2010, “AHF doesn’t give up on an issue, and we’re not going to give up on this.”

It appears that Weinstein and his group plan to follow through on that promise in the face of a combative Los Angeles adult entertainment industry and concerns over the Public Health Department’s enforcement prowess. “We’re putting them to the test,” Weinstein told the Los Angeles Times. “If democracy means something in L.A. County — if porn producers and county supervisors are not above the law — then they will enforce it.”

AHF and fellow public health advocacy organizations certainly have their work cut out for them. Trade groups associated with the multibillion dollar L.A. porn industry have promised to litigate the measure, citing freedom of speech concerns. This argument could potentially stand up in court — but only if the industry’s claims that it sufficiently tests all of its performers for sexually transmitted infections are true. An independent study by AHF that was published in the December Journal of Sexually Transmitted Diseases presents plenty of evidence to suggest that they are not, as “roughly a third of the 168 adult film actors who participated in the research project were found to have a previously undiagnosed STD.”

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