Local Government – Page 7

Our Legislative Overlords Strike Again

As I have repeatedly pointed out, Indiana has nothing remotely approaching home rule. Our legislative overlords consider themselves to be arbiters of both state and local decisions, entitling them to impose their personal prejudices and “unique” viewpoints on municipal governments.

The fact that local legislators–chosen by the residents of those municipalities–may have different priorities is irrelevant. (Remember when Bloomington wanted to forbid the use of plastic grocery bags? The legislature said no can do.)

It was bad enough when Indianapolis had to go to the Statehouse for three sessions to get permission to hold a referendum to determine whether we could tax ourselves for mass transit. And even then, the legislative pooh-bas took light rail off the table–no, we couldn’t ask Indianapolis citizens if they wanted that particular method of transit. And ever since the city voted–overwhelmingly–for the transit we were allowed to consider, Aaron Freeman, a member of the legislature (not the City County Council) has been trying to stop construction.

Because his lordship disagrees with the results of the democratic process. Other members of Indiana’s legislative self-appointed aristocracy want to reverse the City’s decision to limit right turns on red. It evidently hasn’t occurred to these autocrats that if Indianapolis citizens disagree with these decisions, we can vote for different municipal legislators. We have the veto; the legislature does not. At least, it should not.

As aggravating as these examples are, however, they don’t hold a candle to what was reported yesterday.

Indianapolis residents would lose access to free bus rides on Election Day under new legislation filed by a state senator from southern Indiana.

IndyGo buses were free to ride during the 2022 and 2023 general elections because of a sponsorship from AARP Indiana, a nonprofit organization that advocates on behalf of older residents.

The AARP sponsored similar efforts in Fort Wayne, Gary and Evansville, and is currently considering another sponsorship in Indianapolis for the 2024 general election — which will contain the high-profile elections of attorney general, governor, U.S. senator and president.

But those rides would be stopped under Senate Bill 187, which contains a single sentence: “A public transportation agency shall not implement free or reduced fares on a general, primary or municipal election day.”

Sen. Gary Byrne, R-Georgetown, said his legislation is about ensuring all voters have the same access to the polls.

“It’s a fairness thing for me on voting,” Byrne told Mirror Indy on Thursday. “The area that I live in, there’s no public transportation, and to say one part of the state gets a free ride to go vote sort of discriminates against other people in the state who don’t have that opportunity.”

Fairness my patootie! The real motive here is suppression of the urban vote. Byrne is Republican. In Indiana–and elsewhere–Republicans depend upon the votes of rural White folks to retain office. Anything that facilitates turnout in urban parts of the state–especially turnout by “those people”–minority citizens and poor folks–must be stopped. Why…it’s “woke.”

The transparency of motive, however, is beside the point. The point is, this none of the legislature’s business. Tax dollars are not being spent. Government bodies are not the sponsors. A private non-profit organization is sponsoring this effort to ameliorate some of the burdens experienced by municipal citizens.

The next time you hear a Republican talk about “freedom” or “keeping government from interfering with private business decisions” you should understand that what the members of that cult really mean is: “we are only in favor of interfering with decisions that we disagree with, or decisions that might make it more difficult for us to win elections. So long as you use your uterus and your nonprofit dollars in ways we approve, we won’t interfere.”

If Byrne really cared about “fairness,” he”d sponsor a bill to help his poorer rural constituents get to the polls–he wouldn’t be trying to suppress the votes of people who live in the urban areas of the state.

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Feeling The Heat, Todd?

Can you stand one more post about Indiana’s infantile Attorney General? (I wouldn’t keep commenting if he didn’t keep pooping in his mess-kit…)

A lawyer friend sent me a copy of Rokita’s latest filing in the ongoing soap-opera tracing responses to his ethical lapses and his fury about those responses. After reading that pleading with some amazement, I have to agree with the Indianapolis Business Journal’s characterization of it as “bombastic.” (And then some…)

According to the IBJ:

Indiana Attorney General Todd Rokita submitted a new and bombastic filing on Wednesday accusing the Indiana Supreme Court Disciplinary Commission of caving to outside pressure in a “political melee,” saying it could no longer give him fair treatment.

“The Commission needs to be disentangled from ongoing politics driven by political commentators. If the Commission is not cordoned-off from the political stage, then its meetings need to be made fully public…” the filing read.

As my lawyer friend noted, the pleading was Trump-like, with Rokita lashing out at those he clearly perceives as his enemies : an amorphous “Left” and liberals in general, of course, but also “the establishment,” a nefarious Disciplinary Commission and its staff, a former Dean of IU’s Maurer School of Law, a reporter for the Indiana Lawyer, and others who have ever dared to suggest that he was in the wrong.

Clearly, they’re all out to get him, and it isn’t fair!

Many of the filings and decisions of the commission are private, unless the Indiana Supreme Court decides it would be in the public interest to publicize them — which the commission petitioned for in his disciplinary case. Rokita said he doesn’t oppose a motion to unseal the conditional agreement, so long as all of the deliberations and meetings related to him fall under the same “extraordinary circumstances.”

In his conclusion, Rokita said that his “style and content” were not grounds for the Commission to discipline him as a lawyer.

An excellent example of that “style and content” followed. Here is Rokita’s concluding paragraph (in which he continued to refer to himself in third person).

Respondent is vocal, aggressive, and successful regarding policies important to Hoosiers. He speaks in a manner that the ‘Establishment’ abhors. The content of his conservative message offends the Left, if not Liberals,” the filing continued. “… His press release (in November) made clear those facts in his combative style, but nothing written rendered his Affidavit false or defied the Supreme Court.”

His “combative style” reminds me of a couple of my kids when they were three-year-olds…

For those who’ve (mercifully) missed the preceding tantrums, the IBJ offered a helpful backgrounder:

In a November split decision and public reprimand, the Indiana Supreme Court found he had violated two of the Rules of Professional Conduct for lawyers:

They said Rokita’s comments constituted an “extrajudicial statement” that he knew — or reasonably should’ve known — would be publicly disseminated and would prejudice related legal proceedings.

They also said his statements had “no substantial purpose” other than to embarrass or burden Dr. Caitlin Bernard. The misconduct stems from his televised comments about Bernard, an OB-GYN who performed an abortion on a 10-year-old rape victim from Ohio and was later disciplined before the Medical Licensing Board for discussing the procedure publicly.

In an interview with Fox News commentator Jesse Watters, Rokita called Bernard an “activist acting as a doctor” and said his office would be investigating her conduct.

However, both Chief Justice Loretta Rush and Justice Christopher Goff dissented in a 3-2 split ruling, saying Rokita’s punishment — which included $250 in court costs — was too lenient.

Following the reprimand, Rokita shared a lengthy and unrepentant statement defending his “true” remarks in which he attacked the news media, medical field and “cancel culture.”

Shortly after, the disciplinary commission filed to unseal Rokita’s conditional agreement, saying, “Respondent’s actions flouted the authority of the Court, called into question the sincerity of Respondent’s assertions to the Court in his Conditional Agreement and affidavit, and caused damage to the public’s perception of the integrity and justness of the attorney discipline system…”

In his response, Rokita actually accused the Disciplinary Commission of knuckling under to “political pressure.” After all, it couldn’t possibly be the case that Todd Rokita had stepped over a line.

There’s more, of course, all along the lines of “how dare the Indiana Supreme Court and Disciplinary Commission respond publicly to my ethical lapses? How dare a commission set up for the sole purpose of sanctioning unethical lawyer behavior sanction me? Don’t they understand how important I am?”

I think the word is “self-important,” and I think our pompous and delusional Attorney General is beginning to feel the heat.

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An Even Bigger “Big Sort”

I’ve referred previously to the important 2004 book The Big Sort, which documented the way in which Americans have been “sorting” ourselves by choosing to live in areas we find philosophically and politically compatible. The book, by Bill Bishop, cast light on one of the underappreciated reasons Americans are so culturally and politically divided.

Much more recently, a lengthy article fromThe New Republic documented a sharp increase in that sorting. Red states have been bleeding college graduates for a while now–in Indiana, the “brain drain” is a persistent source of concern at the statehouse– but there is considerable evidence that “hard-right social policies in red states are making this dynamic worse.”

Let me just quote a few paragraphs from the article, which–as I indicated–is lengthy.

The number of applications for OB-GYN residencies is down more than 10 percent in states that have banned abortion since Dobbs. Forty-eight teachers in Hernando County, Florida, fed up with “Don’t Say Gay” and other new laws restricting what they can teach, resigned or retired at the end of the last school year. A North Carolina law confining transgender people to bathrooms in accordance with what it said on their birth certificate was projected, before it was repealed, to cost that state $3.76 billion in business investment, including the loss of a planned global operations center for PayPal in Charlotte. A survey of college faculty in four red states (Texas, Florida, Georgia, and North Carolina) about political interference in higher education found a falloff in the number of job candidates for faculty positions, and 67 percent of the respondents said they would not recommend their state to colleagues as a place to work. Indeed, nearly one-third said they were actively considering employment elsewhere.

Until very recently, college graduates had split their votes between the parties. But with the arrival of Donald Trump,

college graduates left the Republican fold for the foreseeable future. Trump dropped the Republican share to 44 percent in 2016 and 43 percent in 2020. If Trump wins the nomination in 2024, the GOP’s share of college voters could drop below 40, and I don’t see any of Trump’s challengers for the Republican nomination doing much better. It isn’t clear they even want to, because today’s GOP sees college graduates as the enemy.

Then there’s the accelerating exodus of OB-GYNs from states governed by Republicans who–in Barney Frank’s memorable phase–believe life begins at conception and ends at birth.

It was hard enough for red states to hold onto their OB-GYNs even before Dobbs. A little more than one-third of all counties nationwide are “maternity care deserts,” typically in rural areas, with no hospitals or birthing centers that offer obstetric care and no individual obstetric providers (not even midwives), according to the March of Dimes.

It isn’t just OB-GYNs and the relative handful of doctors who assist transgender children. It’s also educators.

Since January 2021, 18 states have imposed restrictions on how teachers may address the subjects of race and gender, according to Education Week’s Sarah Schwartz. These include most of the Dobbs Fourteen and a few add-ons, including Florida and New Hampshire. According to a 2022 study by the RAND Corporation, legislative action not only accelerated after 2021 but also became more repressive, extending beyond the classroom to restrict professional development plans for teachers. Let’s call these teacher-harassing states the Morrison Eighteen, in honor of the late Nobel laureate Toni Morrison, whose The Bluest Eye is number three with a bullet on the American Library Association’s 2022 list of books most frequently targeted for removal. (The 1970 novel ranked eighth in 2021 and ninth in 2020.)

Taking a tour of the Morrison Eighteen, we find Texas teachers quitting at a rate that’s 25 percent above the national average. In Tennessee, the vacancy rate for all public schools is 5.5 percent, compared to a national average of 4 percent. South Carolina has teacher shortages in 17 subject areas this school year, more than any other state.

But Governor Ron DeSantis’s Florida is the undisputed champ. A 2022 study led by Tuan D. Nguyen of Kansas State University found that Florida had the most teacher vacancies in the country, followed by Georgia, Mississippi, and Alabama (all Morrison Eighteen states). Florida also logged the highest number of under-qualified teachers.

Remember John Edwards theme of “Two Americas”? He wasn’t talking about the culture wars then, but the phrase certainly seems appropriate.

In 2010, the GOP’s incredibly successful Redmap project--its “gerrymander on steroids”–installed rightwing legislators in a number of formerly competitive states. Those lawmakers proceeded to pass the culture war policies that are motivating the exodus of educated citizens and professionals–aka “smarty pants”– resented by the angry know-nothings who are now the GOP’s base voters.

And so here we are. Click through, read the entire article, and weep….

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Perception And Reality

Here in Indianapolis, where the candidates for Mayor in this November’s election are spending unbelievable amounts of money on political advertisements (and not just television–You Tube, FaceBook, etc. etc.), there has been an overwhelming messaging focus on crime from the Republican candidate.

In a line that reminds this old-timer of Nixon, the Republican candidate–one Jefferson Shreve– assures us that he “has a plan.” Meanwhile, the effectiveness of his message depends upon voters agreeing that Indianapolis is a dystopian hellhole, where criminals roam the streets murdering people with abandon.

I live in the urban core of this “hellhole,” and I feel quite safe–a feeling backed up by local crime data– so I welcomed this explanation of mis-matches between perception and reality in a recent op-ed by Paul Krugman.

Remember “American carnage?” Donald Trump’s 2017 inaugural address was peculiar in many ways, but one of the most striking oddities was his obsession with a problem — urban crime — that had greatly diminished over the past generation. For reasons we still don’t fully understand, violent crime in America fell rapidly from around 1990 to the mid-2010s:

True, there was a crime surge after the pandemic, which now seems to be ebbing. But that lay in the future. Trump talked as if crime was running rampant as he spoke.

Yet if Trump had false beliefs about trends in crime, he had plenty of company. Gallup polls Americans about crime every year, and all through the great decline in violent crime a majority of Americans said that crime was increasing:

Contrary to the widespread belief that criminal behavior was on the rise, Krugman pointed to the reams of evidence showing that even people who responded–and evidently believed– that crime was rising were behaving as if it was falling. That was especially true when considering the wave of gentrification–the movement of large numbers of affluent Americans into those presumably scary central cities.

Krugman compared that mismatch of perception and reality to another current example–the disconnect between Americans’ attitudes about the economy and their own situations. The data shows that we Americans are relatively upbeat about our own financial circumstances; but we’re certain that a bad economy is harming other people–perhaps not locally, but nationally.

I thought it might be useful to draw parallels with the discourse on crime, where there is a similar disconnect between what people tell pollsters they believe is happening and what the available facts say. In fact, the resemblance between how people talk about crime and how they talk about the economy is eerily strong.

I know his next observation will shock you, but it turns out that both of these “mismatches” are grounded in partisanship. As Krugman notes, perceptions of crime, like perceptions about the economy, have become strongly partisan.

People become more pessimistic when the party they don’t support holds the White House, and that same partisanship undoubtedly explains the disconnect between perception and reality of crime in cities–both one’s own city, and urban America in general.

As it happens, the Republican perception of Los Angeles and New York as unsafe compared with southern cities is wildly off base. Both have low homicide rates — half as high as Miami’s — and New York City is overall one of the safest places in America.

What does all this tell us, besides the fact that Americans are very confused about crime? It shows that on an important public issue, people can hold beliefs about what is happening to other people — people who live in other places, or in the nation as a whole — that are not just false but also at odds with their personal experience.

It isn’t just beliefs about people who live elsewhere. If those interminable campaign spots tell us anything, it’s that at least some inhabitants of my city feel considerably less safe than I do.

It will be interesting to see how our local campaign for Mayor plays out, and whether the Republican candidate’s effort to focus on fear of and belief in rampant crime–to the exclusion of the multiple other issues of municipal governance he might be discussing–succeeds in ousting the incumbent.

If it does (count me a doubter–among other things, in his ads, Shreve comes across as rather creepy), it will be really interesting to see whether his vague, much touted “plan” suddenly becomes concrete (not to mention municipally affordable), and whether it makes residents believe that Indianapolis has become less dangerous.

In all fairness, Nixon’s “plan” did eventually get the U.S. out of Viet Nam….

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Just WOW…

It appears that our fearless (okay, feckless) lawmakers have identified a dire threat to America and its children–librarians. The Washington Post recently reported on one of the current allegations–this one by Senator Mike Lee of Utah–

“The goal is to sexualize children — to provide minors with sexually explicit material … and then hide this content from the parents.”

The American Library Association is facing a partisan firefight unlike anything in its almost 150-year history. The once-uncontroversial organization, which says it is the world’s largest and oldest library association and which provides funding, training and tools to most of the country’s 123,000 libraries, has become entangled in the education culture wars — the raging debates over what and how to teach about race, sex and gender — culminating in Tuesday’s Senatorial name-check.

Lee isn’t alone. The increasingly insane Right is intent upon painting the ALA as a defender of pornographic literature for children. MAGA warriors insist that the nation’s libraries, including school libraries, are filled with sexually explicit, inappropriate texts.

Attacks on libraries are part and parcel of what Isaac Asimov called the “cult of ignorance,” a phenomenon that we see in contemporary dismissals of expertise as “elitism”and the cyclical eruptions of anti-intellectualism in the United States. Asimov’s famous quote probably says it best:

There is a cult of ignorance in the United States, and there always has been. The strain of anti-intellectualism has been a constant thread winding its way through our political and cultural life, nurtured by the false notion that democracy means that “my ignorance is just as good as your knowledge.”

America’s libraries are our intellectual gatekeepers, safeguarding our ability to access practical information as well as hard-won wisdom that has been built up over centuries. Attacking them is an attack on human intellectual progress–a declaration that, as Asimov aptly framed it, ignorance is just as good as knowledge.

We’ve been here before. In a speech in 2014, I argued that libraries as we know them are important protectors of what I call “the American Idea.” I spent six years as Executive Director of the Indiana Civil Liberties Union, and of all the lessons I learned during that time, the most profound was this: the future of western liberal democracy rests on the preservation of intellectual freedom.

That preservation, of course, is the library’s mission.

America’s Constitution is grounded in the Enlightenment concept of the individual as a rights-bearing, autonomous being. That concept is integral to our legal system; it is the foundation upon which our forbears erected the Bill of Rights. The Founders envisioned the good society as one composed of morally independent citizens whose rights in certain important circumstances “trumped” both the dictates of the state and the desires of the majority.….The First Amendment is really an integrated whole, protecting our individual right to receive and disseminate information and ideas, to consider arguments and theories, to form our own beliefs and craft our own consciences. It answers the fundamental social question– who shall decide? — by vesting that authority in each individual, subject to and consistent with the equal rights of others.

Implicit in the First Amendment is the legal system’s concept of personal responsibility, the University’s commitment to academic freedom, the moral authority of the clergy, the independence of the media, and the legitimacy of the political process.

That exercise of personal responsibility requires untrammeled access to information. For that matter, protection of civil liberties of every kind depends upon and requires intellectual freedom.

As I noted on this site back in April, the culture warriors out to terrorize Marian the Librarian are seeing considerable success. In an Urban Library Trauma study conducted in 2022, more than two-thirds of respondents reported encountering violent or aggressive behavior from patrons at their library.

Groups such as Moms for Liberty, No Left Turn in Education and Parents Defending Education aren’t the only ones fighting to remove books by Black and LGBTQ+ authors. Proud Boys have taken to storming into Drag Queen Story Hour events, for instance, causing serious fear for patrons and librarians.

Lest we give these censors the benefit of the doubt, thinking they are identifying mostly trashy books, it’s instructive to consult the AIA’s annual list of the most frequently challenged books. They include Harper Lee’s To Kill a Mockingbird, John Steinbeck’s Of Mice and Men, and Toni Morrison’s The Bluest Eye.

Challenges are overwhelmingly aimed at books by or about LGBTQ+ people, and books critical of racism. (The most censored books of all times are 1984, The Adventures of Huckleberry Finn, The Catcher in the Rye, The Color Purple, The Great Gatsby, I Know Why the Caged Bird Sings and Lord of the Flies.)

The culture war isn’t “just” about democracy versus Christian Nationalism. It’s also about ignorance versus knowledge.

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