Thursday, July 2, 2020

What the Supreme Court's Bostock decision means for the ACA -- and what the dissents signal for progress.



On the evening of June 12, the Kulanu Committee at our synagogue, Temple Emanuel of Kensington MD, conducted its annual Pride Service on Zoom.  Earlier that day, the Trump Administration announced that it had "finalized a rule that would remove nondiscrimination protections for LGBTQ people when it comes to health care and health insurance." 
When our Temple participants (including LGBTQ+ teens) met in advance of the service, everyone expressed the fear that this new Trump action could negatively impact their and others' ability to secure health care services.  My initial take on the matter was that I thought that Maryland state law would still protect them, as local and state policies had provided protection notwithstanding the Trump Administration's withdrawal of the Obama Gender Identity Guidelines for public schools in 2017 (see here), but I was not sure and said I would try to find out. 

BACKGROUND:  In 2016, the Obama Administration issued a rule making it clear that Section 1557 of the Affordable Care Act (ACA), which made it illegal to discriminate on the basis of a number of reasons, including "sex", applied to discrimination based on sexual orientation or gender identity.   (The ACA's non-discrimination provision incorporated the definitions from three other earlier statutes, including Title IX of the Education Amendments of 1972, which included "sex" as a basis upon which there could be no discrimination.  The Trump Executive Order asserted that the Obama Administration had unlawfully interpreted the term "sex" to extend to sexual orientation and gender identity, and thus its new Executive Order stated that the ACA's anti-discrimination provision did not apply to LGBTQ+ people.   

BOSTOCK DECISION FROM THE SUPREME COURT:  Three days later, on June 15, while I was trying to assemble the various Maryland laws, the United States Supreme Court issued its decision in Bostock v. Clayton County, Georgia, ruling 6-3 that Title VII of the Civil Rights Act of 1964, barring employment discrimination based on, among other things, "sex", covered sexual orientation and gender identity.  Because the decision was based entirely on the Court's understanding of the word "sex" as a matter of statutory construction, the impact of this decision on statutes using the same term -- like Title IX (and, by its incorporation into Section 1557 of the ACA) -- is plain.  All federal statutes barring discrimination based on "sex" encompass discrimination based on sexual orientation or gender identity. See, for example, here.

So it seems clear that the concerns expressed by our teens and their parents the evening of June 12 were satisfied by the Supreme Court's June 15 Bostock decision. 

(I subsequently determined that three Maryland laws, the Fairness for All Marylanders Act of 2014 and two statutes passed in the recently-completed session of the Maryland General Assembly (SB872/h8959 and SB738/HB1120 taken together provide all the anti-discrimination protections that the Obama ACA rules set forth, even if the Trump Executive Order was (which it is not) a legitimate re-interpretation of the ACA. (Thank you to Delegate Anne Kaiser and Metro DC PFLAG Co-Advocacy Chair for Maryland Mark Eckstein for tracking down the 2020 laws.)  So even if the Trump Administration continues, in the face of Bostock, to argue that the word "sex" in the ACA does not apply to sexual orientation and gender identity, state law protects people in Maryland.)  

POST-SCRIPT ON BOSTOCK:  In reading Bostock, I was particularly struck by what dissenting Justices Alito and Kavanaugh wrote about the struggles of LGBTQ+ people for fair treatment.  While taking the view that it was dispositive that Congress never intended in 1964 to cover sexual orientation and gender identity, these two extremely socially conservative justices wrote in terms that are sympathetic to the plight in which LGBTQ+ people have found themselves due to discrimination.

At p. 28 of his dissent, Justice Alito states that "[f]or most 21st-century Americans, it is painful to be reminded of the way our society once treated gays and lesbians, but any honest effort to understand what the terms of Title VII were understood to mean when enacted must take into account the societal norms of that time."  He then catalogues a long series of discriminatory laws as support for his legal analysis of what Congress intended in 1964, even as he suggests these laws might have been unjust.  At p. 54, he concludes as follows:  "The updating desire to which the Court succumbs no doubt arises from humane and generous impulses. Today, many Americans know individuals who are gay, lesbian, or transgender and want them to be treated with the dignity, consideration, and fairness that everyone deserves. But the authority of this Court is limited to saying what the law is."  However crabbed Justice Alito's statutory analysis might be, his characterization of LGBTQ+ people's struggle is the opposite of the vitriol we are accustomed to hearing from right-wing culture warriors.

Likewise, the language from Justice Kavanaugh, at p. 2 of his dissenting opinion:  "Under the Constitution’s separation of powers, the responsibility to amend Title VII belongs to Congress and the President in the legislative process, not to this Court. The political branches are well aware of this issue. In 2007, the U. S. House of Representatives voted 235 to 184 to prohibit employment discrimination on the basis of sexual orientation. In 2013, the U. S. Senate voted 64 to 32 in favor of a similar ban. In 2019, the House again voted 236 to 173 to outlaw employment discrimination on the basis of sexual orientation. Although both the House and Senate have voted at different times to prohibit sexual orientation discrimination, the two Houses have not yet come together with the President to enact a bill into law. The policy arguments for amending Title VII are very weighty. The Court has previously stated, and I fully agree, that gay and lesbian Americans 'cannot be treated as social outcasts or as inferior in dignity and worth.' [emphasis added] Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. ___, ___ (2018) (slip op., at 9). But we are judges, not Members of Congress."  

Justice Kavanaugh concludes his dissent (at p. 27) with this:  "Notwithstanding my concern about the Court’s transgression of the Constitution’s separation of powers, it is appropriate to acknowledge the important victory achieved today by gay and lesbian Americans. Millions of gay and lesbian Americans have worked hard for many decades to achieve equal treatment in fact and in law. They have exhibited extraordinary vision, tenacity, and grit—battling often steep odds in the legislative and judicial arenas, not to mention in their daily lives. They have advanced powerful policy arguments and can take pride in today’s result." (emphasis added)

Again, hardly the rhetoric of the bigoted right-wing. 

So what to make of the dissents?  One of the things we have learned is that the Supreme Court often is reflective of the zeitgeist of the nation.  Supreme Court Justices are often not immune from the changes in cultural norms.  When those whose personal and/or ideological discomfort with LGBTQ+ people begins to wane or reverse as they learn more about the human condition, then progress becomes not as difficult.  There is much to be depressed about with the current Supreme Court.  And we will be infinitely better off if the next crop of appointees to the Court are appointed by Joe Biden rather than Donald Trump. But we should not ignore the small glimmers of progress, even as we work for greater and swifter progress.  

Saturday, May 23, 2020

My perspectives on the 2020 Montgomery County Board of Education election primary

UPDATE (June 20, 2020):  A few days ago,  the Maryland Board of Elections certified the results in the Board of Education primaries.  https://elections.maryland.gov/elections/2020/results/primary/gen_results_2020_3_by_county_16-1.html
     The top two candidates for the At-Large Seat were Lynne Harris, with 29% of the votes (63,467), and Sunil Dasgupta, with 21% (44,736).  Lynne and Sunil will now proceed to the general election in November.  I believe that Sunil is the best choice, but both are good, progressive candidates.   Stephen Austin (whose campaign is discussed below) came in a very distant third, with 13% (28,203).  
     Shebra Evans came in first in the District 4 race, with 65% (137,393).  



In past years, and again this year, many people have asked my opinion on Montgomery County Board of Education elections.  This year, there is a lot going on, so I am providing links for those who want to learn more.

For the June 2 primary, I endorsed, and have voted for, Sunil Dasgupta for the At-Large Seat and Shebra Evans for the District 4 seat. 

In January, I endorsed Sunil. https://davidfishback.blogspot.com/2020/01/sunil-dasgupta-for-montgomery-county.html  See also https://www.sunildasgupta.com/

I endorsed Shebra Evans in 2016, and set forth my reasons then:
https://davidfishback.blogspot.com/2016/10/endorsements-for-montgomery-county.html
Shebra, who this year is serving as President of the Board, has been very much as advertised, and that is why I endorse her again. See https://www.shebraevans.com/

As Metro DC PFLAG Co-Chair for Maryland Advocacy, I prepare questionnaires for BOE candidates every election.  Here are the questionnaires and answers for the 2020 primary, which I posted on March 22.
https://davidfishback.blogspot.com/2020/03/metro-dc-pflag-montgomery-county-at_22.html
https://davidfishback.blogspot.com/2020/03/metro-dc-pflag-montgomery-county.html
Metro DC PFLAG does not make candidate endorsements, but provides these questionnaires so that voters can make informed choices.

In February, I learned that John Garza, a local attorney who had been active in anti-LGBTQ+ activities dating back more than 15 years, was the attorney bringing new litigation against the Montgomery County School System, and that this litigation was part of the core of the campaign being waged by Stephen Austin, a candidate for the At-Large seat.  While this new litigation did not involve LGBTQ+ matters, Mr. Garza's involvement raised red flags for me with respect to Mr. Austin's candidacy. I then put together this blogpost, which laid out, with appropriate links, Mr. Garza's activities:  https://davidfishback.blogspot.com/2020/03/minority-retort-from-bethesda-magazine.html  These red flags concerned me even more when Mr. Austin was the only active candidate to ignore the Metro DC PFLAG questionnaire, even after I offered him an extension of time when he did not submit by the original March 15 deadline.

After consulting with other people who were concerned about the Austin candidacy, I co-authored a Guest Commentary in the on-line newspaper Maryland Matters.  The next blogpost contains the May 1, 2020 Maryland Matters piece, along with Mr. Austin's response, our reply to his response, and other relevant material, including, at the end, the link to a blogpost on the status of complaints made against the Austin Campaign for the illegal posting of campaign signs. https://davidfishback.blogspot.com/2020/05/fomenting-fear-and-division-in.html and https://davidfishback.blogspot.com/2020/05/confirmation-of-law-breaking-by-stephen.html

The Maryland Matters piece engendered considerable discussion on social media, including some strong statements against the Austin candidacy by prominent County elected officials, who usually do not get involved in BOE primaries.  I hope these materials will be useful to voters in the primary election.


















































Monday, May 11, 2020

Confirmation of law-breaking by the Stephen Austin for Board of Education Campaign


This morning, Victor Salazar of the Montgomery County Department of Permitting Services sent me this Political Sign Guidance for Candidates and Campaigns, which as noted in the e-thread below, has been sent to all Board of Education candidates.  Mr. Salazar informed me that he "sent Mr. Austin a set of these guidelines.  Moreover, he is given a compliance deadline of this Friday, May 15, 2020, to either remove or reposition his campaign signs in accordance with the attachment or be subject to the issuance of civil citations for each occurrence [emphasis added]."  Last Thursday, on May 7, Mr. Salazar advised me that he "will have our inspector reach out again, as well as myself, to remind Mr. Austin of the regulations and potential enforcement action if the violations persist." Mr. Austin himself has been aware of these violations since May 1, at the earliest, when they were pointed out in a Maryland Matters Guest Commentary, to which Mr. Austin responded -- but did not discuss the illegal sign-posting.

Note that Mr. Austin's Campaign could be liable for $500 per illegally-posted sign.

Mr. Salazar's e-mails were sent to me in response to my April 29 complaint about  Mr. Austin's illegal sign postings in Olney. (The pictures included with my complaint may be found here:  https://davidfishback.blogspot.com/2020/04/illegally-posted-signs-on-georgia.html)  Other complaints have been filed.  These signs have been proliferating all over the County.

Guidelines referred to in Victor Salazar's May 11, 2020 email, and presented to all BOE candidates, including Stephen Austin



---------- Forwarded message ---------
From: Salazar, Victor <Victor.Salazar@montgomerycountymd.gov>
Date: Mon, May 11, 2020 at 11:18 AM
Subject: RE: Status of Complaint No. 200073456 -- Illegal campaign sign on public rights of way
To: David Fishback 

Mr. Fishback,

Our office has been coordinating with the Board of Elections to insure all political candidates are adhering to County zoning laws, regulations and codes regarding the placement of campaign signs in the public-right-of-way.  To that end attached, herewith, is a set of guidelines we transmitted to the Board of Elections last Friday.  They are now transmitting these guidelines to all political candidates.

In addition to Mr. Austin receiving a set of guidelines through the Board of Elections, this morning, I sent Mr. Austin a set of these guidelines.  Moreover, he is given a compliance deadline of this Friday, May 15, 2020, to either remove or reposition his campaign signs in accordance with the attachment or be subject to the issuance of civil citations for each occurrence.

Victor Salazar, Program Manager II
DPS – Zoning & Site Plan Enforcement
Montgomery County Government

From: David Fishback
Sent: Monday, May 11, 2020 10:00 AM
To: Salazar, Victor <Victor.Salazar@montgomerycountymd.gov>
Subject: Re: Status of Complaint No. 200073456 -- Illegal campaign sign on public rights of way

[EXTERNAL EMAIL]
Mr. Salazar,

I keep getting reports that the Austin campaign violations are escalating. See, for example, the attached picture. 

Could you please let me know the date of when your office notified the campaign, and the documentation for that notification?

Thank you. 

David Fishback

On Thu, May 7, 2020 at 3:45 PM David Fishback <> wrote:
One more thing.  Could you provide me with the date the Austin Campaign was first informed of the violations by your office? (If there are dates of notifications to other BOE campaigns, I would appreciate those, too, so that I do not unfairly single out anyone.)


Thank you, so much.

David Fishback

On Thu, May 7, 2020 at 3:32 PM David Fishback <f> wrote:
Mr. Salazar,

 I certainly understand your staffing situation. It may be that the only timely way to secure compliance is to shame the offenders. 

Thank you for confirming that the Austin campaign has been notified by the County concerning their violations. 

David Fishback


On Thu, May 7, 2020 at 3:08 PM Salazar, Victor <Victor.Salazar@montgomerycountymd.gov> wrote:
Mr. Fishback,

This is to confirm that DPS has reached out to the Stephen Austin campaign and provided guidance on the installment of campaign signs.

Additionally, we’ve contacted the Board of Elections and are issuing guidance through them to all political campaigns related to unpermitted posting of signs in the County Right-of-Way.

Guidance to all political campaigns includes the following:

  • Installment of campaign signs in public rights of way is prohibited.
  • Campaign signs can only be installed on private residential and commercial properties with the consent of the owner.
  • If remanded by DPS campaign signs must be removed by the candidate, campaign staff or volunteers.
  • There are four polling sites designated by the Board of Elections.  Campaign signs maybe installed at these sites until polling sites close at the conclusion of primary or election voting.
  • Non-compliance with the county code may result in the issuance of a civil citation with a fine of $500.

DPS has no control over whether a candidate, their campaign staff or volunteers, choose to violate the County code intentionally or through ignorance.

Mr. Austin is not the only candidate who has been found to violate the county code.  A few years ago DPS issued a Notice of Violation to the David Trone campaign for similar actions.

I will have our inspector reach out again, as well as myself, to remind Mr. Austin of the regulations and potential enforcement action if the violations persist.

Lastly, DPS, is not equipped nor is the agency that cleans, restores and maintains the public right-of-way.  Our office does not have the manpower nor the proper safety equipment to dispatch staff to remove signage on public roads and state highways that run through the county.  Sign violations are a very small subset of Zoning Ordinance regulations enforced by a staff of 5 people providing coverage to the whole county.

Thanks in advance for your continued patience.

Warmest regards,

Victor Salazar, Program Manager II
DPS – Zoning & Site Plan Enforcement
Montgomery County Government

***********************
For more information, see https://davidfishback.blogspot.com/2020/05/fomenting-fear-and-division-in.html 

Saturday, May 9, 2020

"We're not stupid."

Today would have been my mother's 101st birthday.  A blunt spoken person, Hilda Fishback would have been horrified that she would be on Earth for that milestone.  With incredibly rare exceptions, the human body is not constructed for that sort of longevity.

I am grateful that she passed away before Donald Trump became president.  It would have been heartbreaking for her to see all she worked for and hoped for in the world being eroded and  possibly destroyed.

Recently, polling in Florida has revealed a massive shift among seniors against the president.  They are seeing through the lies.

My mother always saw through the lies.  The Florida report reminded me of something reported in the Washington Post in 2006, when my mother was 87 years old.  At a campaign forum run by a retirees organization in which perennial conservative gadfly Robin Ficker was making ad hominem attacks on Ike Leggett (who won that election for Montgomery County (MD) County Executive), Hilda Fishback took Ficker on, ending her response with this simple sentence:  "We're not stupid."  https://www.washingtonpost.com/wp-dyn/content/article/2006/09/27/AR2006092701157_pf.html ("Hard to Charm" item)

Sunday, May 3, 2020

Fomenting Fear and Division in Montgomery County, from Maryland Matters, May 1,2020

NOTE:  Scroll to the end of the May 1 Commentary for five Updates. 

Posted on Facebook, May 1, 2020:

Political struggles go on at every level, even as we seek to navigate campaigns and elections in the coronavirus pandemic context. With fewer news outlets and the absence of local candidate forums, we need to be particularly vigilant. Thank you to Maryland Matters for posting this piece by Karin Chenoweth and me about the Montgomery County Board of Education At-Large seat contest. (The hyperlinks were not online this morning, but are now included.). County voters will be receiving their mail-in ballots for the June 2 primary very soon.

(I am voting for Sunil Dasgupta.)







Opinion: Fomenting Fear and Division in Montgomery County


As essential workers and grocety shoppers move cautiously around Montgomery County,
we are reminded by newly placed campaign signs that Maryland’s June 2 primary 
election is only weeks away.
Most prevalent are the signs dotting public rights of way for Board of Education At-Large candidate Stephen Austin.
Anyone running for office in Montgomery County, even relative newcomers like Mr. Austin, should know that such postings are illegal.
But there may be a deeper significance to Mr. Austin’s flouting of Montgomery County rules. He may be signaling his contempt for the political norms that have allowed Montgomery County to thrive as one of the most diverse counties in America.
Using language that has been invoked since the 1950s to maintain segregation, Austin has led a campaign of lies and misinformation. In an attempt to block a much-needed study of Montgomery County’s school boundaries, he and his supporters have intimidated school officials, shut down a community meeting, and mocked and bullied high school students who object to the current boundaries as enforcers of racial and economic segregation.
The question for county residents is whether they will see his tactics for what they are and reject his attempts to sow fear and division.
Mr. Austin burst onto the Montgomery County scene last year as the face of the fear-mongering that followed the school board’s decision to develop a comprehensive picture of which schools are overcrowded, which underused, and which are economically or ethnically isolated.
The Board of Education’s decision to hire a consulting firm to study this important issue followed 40 years of drift. By not responding to new housing and school enrollment patterns with a comprehensive plan, the Montgomery County Public School system (MCPS) has more than 11,000 students sitting in overcrowded schools while nearly 10,000 seats sit empty in underused schools.
Schools with portable classrooms sit next to schools with empty classrooms, which represents a tremendous waste of public resources.
At the same time, racial and economic segregation has grown in recent years. Many schools in the eastern part of Montgomery County enroll mostly African American and Latino students while many toward the west of the county enroll primarily white and Asian students, a legacy of the many decades of Jim Crow laws that once governed Maryland, as well as the redlining and real estate discrimination that followed.
After MCPS high school students called the BOE’s attention to the terrible inequities present in MCPS, the BOE sensibly decided to gather as much data and information as possible to inform how it sets school boundaries in the future, and it hired an outside consultant to do a thorough analysis.
That one sensible decision launched Mr. Austin and his conservative allies into leading a campaign of misinformation, personal attacks, and fearmongering. The entire attack is based on a statement in the board’s September 2018 Educational Facilities Planning Policy.
That policy simply stated that in developing proposed options on potential boundary adjustments and new school placement, the superintendent should continue MCPS’s long-standing policy of considering geography, stability of school assignments, facility utilization, and student demographics. Mr. Austin and his allies seized upon the addition of language providing that MCPS “should especially strive to create a diverse student body in each of the affected schools.”
From this, Mr. Austin and his allies assert that the board is laying the groundwork for the destruction of neighborhood schools in favor of long-distance cross-county busing. They ignore the fact that the policy statement specifically provided that options should “take into account the geographic proximity of communities to schools, as well as articulation, traffic, and transportation patterns and topography” in addition to the “stability of school assignments over time.”
Indeed, last December, BOE President Shebra Evans and Superintendent Jack Smith issued a statement reaffirming the reasons for the boundary and utilization study and specifically countering “rumors that the districtwide boundary analysis will result in a ‘busing plan’ that will reassign students from one end of the county to the other to address issues of overcrowding and diverse learning environments.”
They explained, once again, that “schools and school clusters adjacent to one another across the county can have significantly different levels of utilization and student diversity . . . [and that] MCPS has and will continue to maximize walkers, in no small part, because it is economically efficient,” noting the obvious fact that “there always will be a need for some students to ride buses to school.”
In other words, while there will always be a need for buses in a sprawling 500-square-mile county, costs and traffic mean that there is absolutely no possibility of the study resulting in cross-county busing.
As Board of Education member Patricia O’Neill told The Washington Post in early March, “The fear is that we are going to willy-nilly bus kids from Bethesda to Silver Spring or from Potomac to Damascus. That’s not what we intend. We intend to maximize walkers and look at adjacencies.”
The Post reported that if shifts are being considered as a way to better use school buildings, O’Neill said, then officials would also look at socioeconomic balancing, as in the past.
Nevertheless, Mr. Austin sought to spread fear by repeatedly mischaracterizing the plans of MCPS. Just a couple of weeks after the MCPS statement, he once again warned in social media posts of a “large scale social engineering bus experiment” and a “busing scheme.” He stated that private schools had been advertising “specifically mentioning redistricting,” asserting that if the BOE implements “a large-scale bus experiment, people will leave the system.” He bizarrely implied that the “questionable social engineering experiment” would lead to brain cancer.
And his campaign is not limited to misrepresentations of public statements from MCPS. Some of the most recent targets of his and his Facebook group’s wrath have been the student members of the Board of Education and other students who are conscientious members of our community who have raised issues of disparity of educational opportunity. One of their supposed sins is that they are associated with U.S. Rep. Jamie Raskin.
These are precisely the sorts of attacks that the 2016 Trump campaign launched, and that the Trump administration continues to peddle, in an attempt to delegitimize public institutions which, while never perfect, have served us well. They also echo the kinds of language used in the 1950s and 1960s by those supporting segregated schools.
In Montgomery County, where Hillary Clinton received 75% of the vote in 2016, a charge that a new group of political activists are right-wing Trumpian-style tactical practitioners is a serious one, not lightly to be made. But the evidence for it is mounting.
The campaign of misrepresentations was conducted on a private Facebook page, initially called Montgomery County MD School Redistricting Opposition Group, and later changed to Montgomery County MD Neighbors for Local Schools.
Right-wing connections
Mr. Austin also started a nonprofit group, Montgomery County MD Neighbors for Local Schools (aka MoCo Neighbors for Local Schools), which is soliciting donations. Documents filed with the State of Maryland show that one of Mr. Austin’s two fellow board members in MoCO Neighbors is Zhenya Li of North Potomac. Ms. Li, an outspoken supporter of Donald Trump, is also chairperson of the Coalition for a Better Montgomery PAC and is its largest contributor.  Mr. Austin is the only candidate endorsed by the PAC, which has donated $3,000 to his campaign.
MoCo Neighbors has touted two lawsuits accusing the BOE of violating its own rules. What leaps out is that the attorney bringing the suits is John Garza.
Mr. Garza, a personal injury attorney, is best known in Montgomery County as president and local counsel of Citizens for a Responsible Curriculum. This was an organization formed to oppose a health curriculum adopted by MCPS in 2004 to inform middle and high school students that being gay is not an illness and that “reparative” or “conversion” therapies are dangerous and ineffective.
Mr. Garza, working with notorious groups like PFOX (Parents and Friends of Ex-Gays and Gays), the Family Research Council, and the Family Leader Network, brought numerous bogus complaints against MCPS. These legal attacks were ultimately unsuccessful, but not before costing taxpayers tens of thousands of dollars.
In other words, Mr. Austin, through his internet vehicle MoCo Neighbors, is promoting lawsuits brought by an attorney with a track record of pressing right-wing views that have been repeatedly rejected in our community. Thus, it is not at all surprising that that Mr. Austin, unlike six other candidates for the at-large BOE seat, ignored the candidate questionnaire presented by the Metro DC Chapter of PFLAG (formerly, Parents, Families and Friends of Lesbians and Gays). Since it is very likely that there will be no open, live candidate forums before the June 2 primary, Mr. Austin’s hopes may hinge on the absence of forums where he could be confronted on what agenda he would pursue as a board member.
After many in the county objected to the inflammatory rhetoric in Mr. Austin’s private Facebook group – which includes some truly repugnant attacks on high school students – Mr. Austin established a more benign-sounding campaign website that mostly talks about supporting neighborhood schools. Indeed, his illegally-posted campaign signs simply say, “Stephen Austin for Board of Education/Neighborhood Schools.”
This sentence on the first page of his website may be revealing, however: “Ask any parent if they want their kids at a school that is FARTHER away, and you will hear a resounding ‘NO’. Yet that’s exactly the path the BOE has been heading down due to outsized influence from special interests and radical activists.”
He apparently prefers to call names rather than address why we have situations where students currently are being bused past school buildings with space in order to attend overcrowded schools farther from their homes.
Mr. Austin and his allies appear to be seeking to whip up fear and anxiety through unfounded attacks on those who simply want to make school boundary and school site selections more reasonable. Preying on people’s fears by falsely suggesting that his opponents are against neighborhood schools in favor of cross-county busing, rather than discussing the actual facts, is a sad tactic that some groups use to try to fool people.
Montgomery County deserves to know who is behind Mr. Austin’s campaign and why they support him. His language and rhetoric put him squarely in the tradition of extremist right-wing activists, a tradition Montgomery County has firmly rejected in the past.
We need to know if he is serving those extremists’ ideological interests or the interests of the county’s children.
— DAVID S. FISHBACK AND KARIN CHENOWETH
The writers are members of One Montgomery, a group formed to support excellent and equitable education in Montgomery County
https://www.marylandmatters.org/2020/05/01/opinion-fomenting-fear-and-division-in-montgomery-county/?fbclid=IwAR3ZeamAf1oB0_vThbMDLwsSYjBbDXZcRC5wBpWUnOeAXvI02av_m6XFg9w

****************************
UPDATES (5):

1.  On May 5, Maryland Matters published a response  from Stephen Austin.

2.  On May 7, Karin and I submitted our response to Maryland Matters.  Since it is not normally Maryland Matters' practice to publish a series of back and forth pieces, we post it here:

Commentary Authors Rebut Charges of “Outrageous Claims”

We have read Stephen Austin’s response to our May 1 Guest Commentary. We stand by everything we wrote, which is supported by evidence in the Guest Commentary hyperlinks.  As shown in our Commentary, it is simply incorrect to assert that the MCPS boundary change study would lead to new, massive busing.  Rationalizing school assignments while taking into account diversity AND the desirability of schools being near students’ homes is the purpose of the study, no matter what Mr. Austin and his allies assert. 
We do feel it appropriate to address what Mr. Austin states was an unfair attack on him.

He takes great umbrage at what he calls the “alarming claim” that he is anti-LGBTQ+.  He cites personal friendships with gay people and says generally that he would be “an advocate for LGBTQ+ “students, teachers, administrators and staff.”
We appreciate the sentiment, but Mr. Austin does not explain why he failed to answer the questionnaire submitted to all BOE candidates by the Metro DC Chapter of PFLAG (formerly known as Parents, Families, and Friends of Lesbians, and Gays). 

Equally troubling is Mr. Austin’s connection to John Garza, who is handling the two lawsuits against MCPS so vigorously touted by Mr. Austin.

Mr. Austin writes that he simply does not know Mr. Garza, and further asserts that was unfair for us to point out that Mr. Garza “was connected with a group that 16 years ago tried to keep some information about LGBTQIA+ issues out of the health curriculum.”  But Mr. Austin’s attempt to minimize the role of Mr. Garza is misleading.  This was not a small dispute – it went to the very ability of MCPS to present in the health classes the wisdom of every American mainstream medical and mental health professional association about sexual orientation and gender identity, and was not fully resolved until 2014. Mr. Garza was President and Chief Counsel of Citizens for a Responsible Curriculum, which sought to deny secondary school students straightforward information about human sexuality and wasted many thousands of dollars in taxpayer money in frivolous litigation against the county’s school board.

Nor is Mr. Garza’s activity a thing of a benighted past. Just last year, Mr. Garza was lead counsel in an unsuccessful federal suit  seeking to block Maryland’s prohibition of  licensed medical and mental health professionals from practicing discredited “conversion therapy” on gay minors. (Twenty states have such statutes, and attacks on them have been uniformly rejected by federal district and appellate courts all over the country.) 

We are glad to hear of Mr. Austin’s life experiences with gay people. But the “some of my best friends” approach is insufficient in this context. If Mr. Austin is the kind of ally he claims to be, we urge him to disassociate himself from Mr. Garza, specifically rejecting Mr. Garza’s efforts to make life more difficult for LGBTQ+ people.  And since LGBTQ+ matters have been quite pertinent to MCPS in recent years, we would think he would want to answer the questions in the Metro DC PFLAG questionnaire. Yet, he has not done so.

Absent rejection of Mr. Garza’s anti-LGBTQ+ actions and absent answers to the Metro DC PFLAG questionnaire’s specific questions, it is hard to take Mr. Austin’s protestations seriously. 
Similarly, if Mr. Austin is, as he claims, “not at all a Donald Trump supporter,” he should return the $3,000 given him by a PAC headed by a prominent supporter of Donald Trump (who, along with two other people, provided nearly 2/3 of the PAC’s funding) and which has endorsed only one candidate for office:  Mr. Austin.  
https://campaignfinance.maryland.gov/Public/CommitteeFiledReports?FileName=CampaignFinanceReport_Public_4481bbea-0160-46cc-8cfc-34462abc3ddb.pdf&memberID=6943784&memVersID=2&cTypeCode=03

If he is a supporter of schools that reflect the wide diversity of Montgomery County,
he should ensure that his Facebook group refrains from attacking students who
object to the racial and economic isolation of the schools they attend. He also should
stop accusing those who are working for more equitable schools of secretly plotting
to bus students from one end of the county to the other, when they have said
repeatedly that they have no desire to do so. 

And if Mr. Austin opposes the deportation of children and their parents, he should support Superintendent Jack Smith’s stance that the schools will not provide information about children’s citizenship status to ICE.

Such actions would demonstrate the values he says he upholds.

We recognize that as a relative newcomer to Montgomery County, Mr. Austin might not understand the rich local context and history that surrounds each of these issues. But it is important that anyone who runs for the Board of Education have such understanding.

Karin Chenoweth
David S. Fishback

4.  Also on May 7, a  commentary by former White House UPI correspondent Ira Allen was posted by One Montgomery.  

5.  On May 9, the Washington Post published an editorial  endorsing one of Mr. Austin's opponents, and severely criticizing Mr. Austin for "spread[ing] fear and misinformation about the boards' launch of a much-needed study of school boundaries.  Contrary to claims about plots to socially re-engineer the schools, there are no plans for massive cross-county busing.  Instead, there is an intent to remedy a lack of planning that has resulted in overcrowded schools with children stuck in porrables located right next to schools with empty classrooms -- and in segregation of students by race and income."

5.  On May 11, I received confirmation from Montgomery County Department of Permit Services official Victor Salazar that Mr. Austin had been given a compliance deadline of this Friday, May 15, 2020, to either remove or reposition his campaign signs in accordance with the attachment or be subject to the issuance of civil citations for each occurrence [emphasis added]."  Last Thursday, on May 7, Mr. Salazar advised me that he "will have our inspector reach out again, as well as myself, to remind Mr. Austin of the regulations and potential enforcement action if the violations persist." Mr. Austin himself has been aware of these violations since May 1, at the earliest, when they were pointed out in a Maryland Matters Guest Commentary, to which Mr. Austin responded (see Update No. 1 above) -- but did not discuss the illegal sign-posting.  See https://davidfishback.blogspot.com/2020/05/confirmation-of-law-breaking-by-stephen.html

Wednesday, April 22, 2020

Illegally-posted signs on Georgia Avenue in Olney


 These illegally-posted campaign signs were discovered on the public right of way near 16620 Georgia Avenue and 16910 Georgia Avenue, Olney MD shortly after noon on April 22, 2020.

Just north of 16910 Georgia Avenue (view one)

Just north of 16910 George Avenue (across from the Sandy Spring VFD, 16911 Georgia Avenue (view two))

On the grassy right of way near 16620 Georgia Avenue (view one)

On the grassy right of way near 16620 Georgia Avenue (view two)
Note:  The sign is on the medium between strip facing Georgia Avenue; that strip is divided from the nearby place of worship by a public access road.



Monday, April 20, 2020

A Reverse Dayenu for Passover in the Time of Trump

Recently, a cousin (whose general politics are considerably to the right of mine) posted on Facebook an anti-Trump/pro-Biden piece.  A friend of hers responded that she likes Trump because he is "a businessman, not a politician." 

I typically do not get into the middle of these sort of Facebook battles, but this time I could not resist, probably because Passover had just ended, and the song Dayenu was very much in the forefront of my consciousness.  Dayenu is the song that speaks of each of the God’s blessings in the course of the Exodus from Egypt, and how each one would have been sufficient – Dayenu – but that God gave us more.

Here is what I wrote: 

We have now had more than three years to watch Trump in action. There is a difference between a legitimate businessman who has at least some sense of constitutional government and a huckster who only cares about his personal advantage and has no sense of decency or empathy. He is a reverse DAYENU.

Trump came into office on the wave of the Obama recovery from the last economic collapse. To the extent Trump seemed to surf that wave, it was because of the sugar high of giving billions away to his Mar-a-Lago friends in tax cuts and securing short term profits by destroying government environmental and other regulations that protect the vast majority of Americans. DAYENU.

Trump buys political capital by turning social policy over to right-wingers who would be perfectly comfortable with the Anti-Semites portrayed in Philip Roth's The Plot Against America. He gives aid and comfort to racists, xenophobes, and Anti-Semites (presumably thinking that he could protect his own Jewish family members and allies -- like the rabbi in Roth's book). DAYENU.

Trump cozies up to the worst, often murderous, dictators of the 21st Century, like Vladimir Putin of Russia, Kim Jong Un of North Korea, Mohammad Bin Salman Al Saud of Saudi Arabia, Viktor Orban of Hungary, and Jair Bolsonaro of Brazil, while at the same time denigrating American intelligence and military officers who have kept us reasonably safe and free for decades. DAYENU.

Trump tries to bribe other foreign leaders to lie about his American political opponents, at the potential cost of our national security ("I would like you to do us a favor, though."). DAYENU.

Trump ignored warnings from the previous Administrations about the dangers of pandemics, dismantling the governmental offices that had protected us in the past and were prepared to do so in the future -- and in so doing laid the foundation for the health crisis and economic collapse we are now enduring. DAYENU.

I could have included many more “verses.”  But just these were “Dayenu.”