This Business Serves Everyone

The mis-named “Religious Freedom” bill is gliding through the Indiana General Assembly, where–despite polls showing the movement’s loss of members and power– lawmakers still tremble at the thought of crossing (no pun intended) the Religious Right.

The bill is a transparent effort to dignify discrimination by businesses offended–offended, I tell you–by the very idea of taking money for goods and services from same-sex couples. Of course, by its terms, it will allow establishments to turn away anyone they dislike based upon “sincere religious convictions,” so the potential for mischief is great, but everyone knows that the intended target of the measure are those uppity homosexuals.

Of course, as Erika Smith has pointed out, merchants can already discriminate against gays with impunity, since Indiana’s civil rights law doesn’t protect against discrimination based upon sexual orientation–so an additional “We’ll show you!” bill will basically serve to announce to the rest of the country that Indiana is a state where bigots hold sway.

We may not be able to muster sufficient rational candidates and voters to fill our legislative chambers with grown-ups and nice people, but that doesn’t mean reasonable Hoosiers don’t have recourse. I am delighted to learn of “Open for Service.”

Welcome to Open For Service! We are a grassroots campaign built to honor businesses that will not turn a customer away for any differences. To register your business, it is $10.00 for a sticker and web badge with the proceeds going to SCORE a national non-profit that mentors people who would like to start a business of their own. Join us, hang out and promote an “open minded economy!”

The stickers say “This Business Serves Everyone.”

One of the great virtues of capitalism is that consumers can choose where to spend their dollars. I patronize Costco rather than Walmart because I want to support businesses that treat their employees well and avoid those who don’t. I have the right to never set foot in Hobby Lobby, or buy sandwiches from Chik-fil-A–in short, a market economy offers me the right to make choices based upon any criteria important to me.

So if, as I fear, this piece of nastiness passes into law, I plan to patronize stores with stickers–and to ask hard questions before spending my dollars at stores without them.

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Shameless Promotion

What’s the point of having one’s very own blog if you can’t use it for marketing, right? So I’ve been asked to share the media release put out by IUPUI to hype my upcoming presentation of what the University calls “The Last Lecture.”

I really struggled with this particular speech (it’s so much easier to “vent” to a blog each morning…), so I hope at least some members of this blog community will be able to attend.

I should probably clarify that, despite the title,  it won’t really be my last lecture, much as some folks might wish it were so….

Here’s IUPUI’s media release.

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The old African proverb, “It takes a village to raise a child,” goes to the heart of political philosophy: what should that village look like?

What is the common good? What is the nature of mutual social obligation? What sort of social and political arrangements are most likely to promote and enable — in Aristotle’s term — human flourishing? Perhaps most importantly, do we live in an era when such questions have largely been abandoned?

Sheila Suess Kennedy of the School of Public and Environmental Affairs will explore these and other questions in “Defending Reason in an Unreasonable Time” during IUPUI’s 2015 Last Lecture at 2 p.m. March 27 in the Campus Center Theater.

Kennedy has been at IUPUI since 1998, rising to her role as a professor of law and public policy in SPEA and as director of the Center for Civic Literacy.

The Last Lecture offers the university community the opportunity to hear reflections on life’s lessons and meaning from a retired or current IUPUI colleague of exceptional merit.

Reservations are required. RSVP online by March 23, or call Angie Vinci-Booher at 317-274-4500.

Kennedy says she has lived through the women’s movement, the civil rights movement, the ’60s, the sexual revolution, the gay rights movement, recent decades of religious zealotry that might be characterized as “America’s most recent Great Awakening,” and a dizzying explosion of new transportation and communication technologies. All those experiences have given her perspectives she will share on issues such as social justice, education and the nature of the common good.

Kennedy has a breadth of personal and professional experience that can rival anyone; she has been a lawyer (both in law firms and for the city of Indianapolis), a businesswoman, an author of nine books, a columnist for the Indianapolis Business Journal, a blogger on her own website and others, executive director of the Indiana affiliate of the American Civil Liberties Union and a candidate for the U.S. House of Representatives.

The Last Lecture is sponsored by the Senior Academy, the Office of Academic Affairs and the Indiana University Foundation. For additional information, contact the Office of Academic Affairs at 317-274-4500.

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The Justice Center, Again

Far be it from me to quibble when the Indianapolis Star actually engages in journalism. And it did so last Sunday, twice on the front page (!)–with a report on charter schools (they get more money per pupil than public schools, and on average perform more poorly. I know, it’s a shock…) and a lengthy and informative piece on the pros and cons of the Justice Center proposal.

Kudos on actually digging in and reporting on matters that should concern taxpayers.

That said, the report on the Justice Center missed a pretty critical issue: its design. IBJ columnist Bruce Race has been all over this, as has IndyCan, a local civic group concerned about the impact of the proposed design on criminal justice issues.

Design isn’t just about the way buildings look–although that’s important, too. It’s about the way they function, about what architects call “the program.” In your house, the program addresses things like storage, “flow,” and convenience based upon the way you live. In public buildings, the program needs to take all these things into account, plus the specific ways in which the public entity operates; it also needs to consider the impact of the building or buildings on the city and surrounding neighborhood(s). One reason an earlier proposal to locate the Justice Center at the old airport was so roundly criticized wasn’t just that it would have been incredibly inconvenient for the people most likely to use it, but that the location would have had a substantial, negative effect on occupancy of office buildings in the downtown core, and on the vitality of a downtown we’ve spent years and billions of dollars reinvigorating.

We need a Justice Center. But it needs to be thoughtfully designed to complement our long-term strategy for downtown, to integrate court and jail functions in the most seamless possible fashion, and to enhance the aesthetics of the surrounding area.

I’ve previously raised concerns about the financing mechanism, the secrecy of the process, and the nature of the incentives involved (the Administration says that placing responsibility for long-term maintenance on the developer will encourage the use of better materials, but it’s just as likely to encourage corner-cutting decisions made for the convenience of the developer rather than the public tenants). And what happens if–after obtaining payment for the construction phase– the developer defaults? (Toll Road, anyone?) What are our options?

My point is not that the deal is a bad one. My point is: we don’t know. 

A deal this complex and expensive, intended to span this long a time-frame, needs to be done right. That means it needs to be thoroughly vetted by all stakeholders. I get suspicious when we’re given a short window within which to commit vast amounts of public money, and when the purported need for speed is based upon dark warnings that we need to move quickly in order to “lock in” benefits we aren’t even sure are there.

We can’t afford another parking meter giveaway.

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Lie Detectors and the First Amendment

Anyone who watches dramatized detective shows–especially those of the CSI variety–knows that the real starring role is played by technology: cool, highly sophisticated devices that virtually no real-life crime lab can afford. These shows are fun, but accuracy isn’t the strong suit of storylines that need to be resolved in an hour’s time. (Fingerprint identification isn’t the slam dunk that Abby’s computer makes it seem on NCIS.)

Even the popular culture shows that don’t rely on “gee whiz” gadgetry, however, routinely use lie detectors. So the general public can be forgiven for thinking that lie detectors work.

They don’t. At least, not reliably. As Morton Tavel has noted

In 2003, the National Academy of Sciences (NAS), after a comprehensive review, issued a report entitled “The Polygraph and Lie Detection,” stating that the majority of polygraph research was “unreliable, unscientific and biased”, concluding that 57 of approximately 80 research studies—upon which the American Polygraph Association relies—were significantly flawed. It concluded that, although the test performed better than chance in catching lies—although far from perfect—perhaps most importantly, they found the test produced too many false positives.

In other words, nervous people who are telling the truth can easily fail the test. And many do.

This lack of reliability is widely understood in the legal community and among police officers; it’s why most courtrooms don’t admit lie detector results into evidence. It’s also why several ex-police officers have spoken out against their use, and why a subset of them has helped job applicants and others who face “screening” by detectors learn techniques that will help them pass.

And that brings us to a fascinating question. Is helping people pass a lie detector test a crime? What if you aren’t just helping Nervous Nellie tell the truth in a way that won’t trip the machine, but you are helping Sneaky Sam lie?

Douglas Gene Williams, a former Oklahoma City police polygraphist and the proprietor of Polygraph.com,  has been teaching individuals how to pass polygraph tests since 1979. He has recently been indicted for mail fraud and witness tampering for allegedly “persuad[ing] or attempting to persuade” two undercover agents posing as customers “to conceal material facts and make false statements with the intent to influence, delay, and prevent the testimony” of the undercover agents “in an official proceeding….”

Williams’ defenders say this is entrapment, that the attempt to shut him down is implicit acknowledgment that the tests don’t work, and that Williams has a free speech right to criticize their use by demonstrating their manifest unreliability. Others–including many polygraph critics and yours truly–say that helping guilty people fool the tests goes beyond advocacy, and is a bridge too far.

What say you?

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Roots and Branches

One of the most difficult lessons for those of us raised in individualistic cultures is recognizing the difficulty of solving problems that are symptoms of broken systems.

A recent report from NPR offered a great illustration.

Research shows that kids who have tough childhoods — because of poverty, abuse, neglect or witnessing domestic violence, for instance — are actually more likely to be sick when they grow up. They’re more likely to get diseases like asthma, diabetes and heart disease. And they tend to have shorter lives than people who haven’t experienced those difficult events as kids.

When University of Florida Dr. Nancy Hardt consulted Medicaid records, she made a map that showed exactly where Gainesville children were born into poverty. Eventually, she showed the map to show it to Alachua County’s sheriff, Sadie Darnell, who—it turned out—also had a map. Hers was a thermal map of high crime incidence, and it showed that “the highest concentration of crime in Gainesville was in a square-mile area that exactly overlaid Hardt’s poverty map.”

Those crimes included significant levels of domestic violence, child abuse and neglect.

A visit to the area turned up numerous health-related issues: poorly maintained subsidized housing, with tarps covering leaky roofs. Mold and mildew spreading across stucco walls. Poor families that often had trouble getting enough to eat.

There was also an almost total lack of services, including medical care. (The closest place to get routine medical care for the uninsured–and most people in the area were—was the county health department, a two-hour bus trip away.)

The doctor and sheriff also teamed with civic groups to open a family resource center in 2012. Its play area is open to children all day, and there’s a food pantry, free meals, a computer room, AA meetings, and a permanent health clinic.

Initial reports suggest that these measures are improving health and reducing the incidence of crime in the area. But as heartwarming as this story is, it also offers a stinging rebuke to policymakers who refuse to invest public dollars in systemic efforts–who seem unable to grasp the human and fiscal costs of persistent social neglect.

We have copious research confirming that the dollars spent on systems that help children—abating environmental hazards like lead contamination, combatting urban asthma, addressing food deserts, providing safe and enriching early childhood care—ultimately save many more dollars that we don’t have to spend later on medical care, remedial programs, welfare payments and prisons.

We also have depressing research confirming how difficult it is for those born into poverty to escape it; despite those Horatio Alger stories, admonitions about “pulling oneself up by ones bootstraps” and belief in the “American dream,” social mobility in the U.S. is far below that of industrialized countries that do provide these social supports.

Farmers understand that the crop you get depends not just on the seeds you plant, but also how well you fertilize and water them. It isn’t so different with children.

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