Curbing the high cost of emergency air transport

NEWPORT, Tenn.—Five years ago, a Cocke County man filed bankruptcy after a tree fell on him, he suffered injuries and was handed a medical bill for $350,000. Although significant enough on its own to stun anyone, a large portion of the sum came as a surprise fare, owed to an ambulatory helicopter ride to the hospital, costing $50,000 by itself.

UT LIFESTAR helicopter
UT Medical’s LIFESTAR is one of two air medical services in the area, both of which are provided through the AirMedCare Network. These rides could cost as much as $50,000, but can be covered through annual membership programs. File Photo

However tragic, his story is hardly unique, and follows an American trend: nearly two thirds of all bankruptcies in the U.S. take place in response to medical expenses, adding up to about 530,000 medical bankruptcies each year.

The former Conagra worker, a man in his thirties who asked not to be named for personal reasons, said he was cutting down a large tree at the edge of his property, when it suddenly collapsed, knocking him unconscious and trapping him underneath in an instant.

In many cases a person may be coherent enough to decline an ambulance and even get themselves to a hospital. In severe cases like his, however, sometimes immediate air transport to the nearest trauma center is the only recourse. It becomes a choice of life or death, and it was not his choice to make.

“When I woke up, this arm was over here, like behind me, over there, and I was pinned,” he said. “The tree was on top of me. I could not move. I hollered for 30 minutes.”

He said after he was found by a neighbor, it took another 45 minutes for paramedics to arrive. They told him he would not have made it much longer.

“I was about to go into shock, and they cut the tree off of me,” he said. “They used my saw to cut the tree off of me. The tree was as big as a tractor tire. It was humongous. They didn’t know how I survived. Somebody was watching out for me. I like to think, Mom.”

He was transported from the scene by helicopter, to Johnson City, where he stayed and received treatment for severe injuries.

Following that traumatic event, Conagra has since closed their plant. He said he lost his insurance, and now has to pay several hundreds of dollars out of pocket, into the thousands, for routine hospital visits and follow-ups. Bankruptcy, he said, clears in seven years, but it still hurt his credit and does nothing to alleviate the high costs of presently needed treatments or preventive care.

For a person faced with life-threatening injury, the hospital stay – even with insurance – can be expensive. However, many do not consider the extravagant cost of air ambulatory services, which can come in the form of its own separate bill – and a surprise – especially to those who have never been transported to a trauma center before.

In the last five years, air ambulance costs have increased by more than 30%, according to data published in a September report by FAIR Health, a nonprofit organization that analyzes healthcare costs, market rates and insurance information. The study addresses both fixed-wing and rotary-wing air ambulance transport costs.

Their four-year study showed that the top diagnoses associated with helicopter ambulance rides in that period include cerebrovascular issues and diseases, heart attack, body injury, head injury and stroke.

The study showed that in a three-year period, the charges associated with helicopter ambulance transports for those events – like those used to service eastern Tennessee – increased by more than 22.2% to an average of more than $30,000 per flight.

Rates have increased so fast that the Biden Administration proposed new rules on September 10 requiring greater transparency in air ambulance costs, and how agents and brokers are compensated.

The proposal, announced through the U.S. Department of Health & Human Services, states that new rules would allow HHS to collect data to analyze market trends to address exorbitant air ambulance expenses.

“No one should avoid seeking health care for fear of receiving a surprise medical bill,” the statement read, quoting Chiquita Brooks-LaSure, Administrator of the Centers for Medicare and Medicaid Services. “The new consumer protections released today are critical to shielding consumers from the devastating financial impacts that may occur as a result of an unlawful surprise bill, and CMS is committed to vigorous enforcement of these protections.”

Because insurance may not cover the total cost of emergency treatment, and out-of-pocket costs like deductibles or copay still apply, the providers of these services usually offer annual subscription services, a product resembling insurance, against the high cost of their ambulatory services.

Depending on which hospital a patient is delivered to, the air ambulance helicopters are branded differently, but in eastern Tennessee, both are covered by a single provider, and they offer annual membership plans that cover the full expense of the flight.

In Cocke County and the surrounding areas, that service is called AirMedCare Network, and they charge $85 per year per household, or $65 for seniors age 60 and above, and their households. The program covers the full cost of the flight, regardless of insurance status.

Med-Trans, a participating provider in the program, covers flights from Newport Medical Center and areas around Cocke County either to Knoxville or Johnson City. If a patient needs to go to the trauma center in Knoxville, UT LIFESTAR brings them by helicopter. Someone destined for the trauma center in Johnson City would be transported by HEART, which replaced Wings Air Rescue last year.

A dispatcher for First Call Ambulance Service confirmed that all their requests for an air ambulance go through AirMedCare.

“We do have more than one helicopter service,” Chad, the dispatcher said, “but they’re all owned by the same people.”

Air transport is often covered through insurance, with a copay. Humana is a for-profit American health insurance company based in Louisville, Kentucky. Because Humana is contracted with the federal government to provide and administer Medicare plans under the Medicare program, many people in Cocke County, and across the U.S., access their Medicare benefits through Humana.

Based on accounts in their system, a Humana representative working in El Paso, Texas said Humana members are charged a $250 copay for a helicopter flight, same as a ground ambulance, with an additional $250 copay required separately for any medical services performed onboard the aircraft, or at the hospital.

“Overall, they’re not just paying that 250,” the representative said. “It doesn’t include treatment. Whatever they’re doing to them inside the ambulance, or whatever they do to them after the fact that they got dropped off, that will probably be its own separate bill.”

Christie, an account sales representative with AirMedCare Network, said their membership covers both the costs of the flight, and treatment received on the aircraft, with no copay.

“If you’re ever airlifted by us, we will bill your insurance or whoever is responsible to pay for your medical care,” she said. “We’ll take what they pay as payment in full, then the membership covers the rest.”

Christie’s advice that the flight would be covered, as well as treatment performed onboard, could not be independently verified.

Global Medical Response is the holding company over the program, and Shelly Schneider, Director of Public Relations, said she is not sure if HEART is considered a “traditional model,” meaning the helicopter, pilot and mechanic are provided, but the medical crew would come from the hospital. This would generate two separate bills.

“Or if it’s a community-based model—so Air Evac Lifeteam is also in Tennessee, and those are community-based models,” Schneider said. “So Air Evac has the pilot, the mechanic and the med crew – the nurse and the paramedic – and so that might be billed differently.”

Schneider said she would find out how HEART and UT LIFESTAR are billed, but did not follow up by the time of publication.

Federal data being collected on air ambulance services could shed light on the other unknown or lesser known costs associated with air ambulance services in the future, according to the September HHS report.

The department stated that information would be used in a comprehensive, publicly-available HHS and Department of Transportation report to increase transparency and help inform future policy development aimed at addressing these costs.

This story appeared in The Newport Plain Talk.

Memphis City Councilman JB Smiley, Jr. seeks Democratic nomination for Tennessee governor in 2022

JB Smiley, Jr. addresses citizens at Newport City Park
Still in the early stages of his campaign, Memphis City Councilman JB Smiley, Jr. addressed voters at Newport City Park on Sunday, December 5. James K. Galloway

NEWPORT—Citizens gathered at Newport City Park on Sunday to meet a Memphis city councilman who is seeking the Democratic nomination for Tennessee governor.

Speaking to an audience of about seven people, 34-year-old Memphis City Councilman JB Smiley, Jr. said he wants to reduce crime, see more people vaccinated, and increase mental health funding to distressed regions of the state—money which he said can be shifted to suit the purpose.

Smiley said during his career as a lawyer and councilman, every piece of legislation he has proposed in Memphis has received support from leaders of both parties.

“I’m a Democrat, but before anything else I’m a lawyer and that means I’m in rooms with a lot of different people who may or may not agree with me,” he said, “but once you’re able to find common ground and focus on the issues that improve the lives of folks, you can move the needle.”

He said despite partisanship, his progressive legislation often had the conservative-leaning chairman’s name on them, because finding common ground and shared goals have allowed them to cooperate, regardless of party affiliation.

“People assume Memphis is a progressive place,” he said. “It is not. The chairperson of our city council was the fundraising chair for Donald Trump.”

Although his status as fundraising chair for Trump could not be verified at the time of publication, Memphis City Council Chairman Frank Colvett, Jr. was elected to the city council in November 2015, became the 2021 Chairman of the Memphis City Council and – according to his campaign website – Colvett served as Treasurer of the Tennessee Republican Party. Colvett is now listed as nonpartisan, or unaffiliated, but retains the support of the Tennessee Republican Party.

Last month Gov. Bill Lee signed legislation outlawing vaccine mandates for schools and government entities. Smiley departs from that approach on his own gubernatorial platform, saying he does not want to “preempt” people, a legal term that he says when applied to Tennessee, suggests vaccine mandates should be handled at the local level and not at the state level.

“I don’t necessarily agree with preempting folks,” he said. “You encourage people. Preemption is when the state comes in and says we’re going to supersede whatever the local municipalities put in place for their constituents. Local control is important. They understand their issues better than anyone who resides in a different county. You come to Shelby County, and I’m going to understand Shelby County better than someone who sits in Nashville. You come to Newport, same thing.”

He said there are, however, cases when the state should step in. He said no amount of additional police, for example, will address the root causes of crime, whereas education and early opportunities are proven to play a role in reduction.

“What the state doesn’t do – when we talk about homelessness, when you talk about folks addicted to drugs, the state has not provided funding for mental health institutions,” he said. “If we provide funding for mental health institutions, we’re going to get a lot of those folks off the street, get a lot of those folks off the drugs, and if we’re able to do that, we’re reducing crime.”

According to data released by the FBI, the crime rate of Newport – although decreasing yearly – is 246% higher than the national average, where residents are faced with a 1 in 13 chance of becoming a victim of crime. Newport is safer than just 2% of American cities. The solution, Smiley said, is to care about people through compassionate policy and legislative action.

“The goal of government is to provide for the general welfare of its people,” he said. “We’re the third most violent state in the country, and we aren’t taking any measures to address it. We’re actually doing the opposite. We’re putting more guns on the street. We’re not providing funding to help folks with drug issues. I’m just saying we’re hands-off. Taking it one step further, we’re moving funding from early childhood education. Well guess what happens when you remove funding from early childhood education? You’re perpetuating the school-to-prison pipeline. Why? Because we’re funding private prisons.”

Smiley said Tennessee’s hands-off approach to crime, social programs, and funding to distressed areas is a reflection of missing social attitudes at the state level, a skill set he claims to possess and wants to apply to state legislation.

“It’s about how you talk to people,” he said. “I’m not asking about any political philosophies. Let’s sit down and talk: ‘how’s your wife?’ You know, ‘What’s going on in your community? What’s your pain points? Oh, I understand, I have the same issues here.’ Once you get to know someone as a person, you figure out how to work together collaboratively, and nine times out of 10, we get them to move the needle, and the goal is to move the needle for everybody.”

Marjorie Ramsey, Chair of the Cocke County Democratic Party, said of the voters in attendance, some people had come in from Sevier County to hear Smiley speak. She said The Newport Plain Talk was the only press in attendance for the event.

“I told them they might sell some better newspapers if they quit putting them Republicans on the front page, and editor’s page,” she said. “There’s a lot of Democrats in Cocke County that’s quit taking his newspaper, and I’d tell him that right now.”

A woman from Ramsey’s church, who asked not to be named, said it was the first time she’d seen the candidate, and had never heard of him until she was asked to attend.

Smiley joined a Democratic primary race in September that now includes Dr. Jason Martin, a Nashville ICU physician and critic of the state government’s response to the COVID-19 pandemic, and Carnita Atwater, a gentrification opponent and owner of the Kukutana African-American History and Culture Museum of Memphis.

An assistant for Smiley said he would campaign next in Greeneville, Chattanooga and Nashville.

This story appeared in The Newport Plain Talk.

Quality goods, laughs and more at I-81 Flea Market

You might have seen their ad in The Smoky Mountain Trader, but if you have never stopped by the I-81 Flea Market on a weekend then you are not only missing the best prices available on goods in Hamblen County, you may have overlooked a cultural mainstay of eastern Tennessee.

The I-81 Flea Market – open from the first Saturday in March, through the last weekend of November – is half a mile north along 25 E, from Exit 8 off I-81. Vendors can expect to rent a table for seven dollars a day, and buyers can expect to find all manner of goods, including antiques, food, tools, home appliances, decorative goods, clothing, jewelry, homemade blankets and dresses, and everything in between.

Mary Knight started the I-81 Flea Market in 1981 with her late husband Don L. Knight and their business partner, Tommy Horner. For 40 years, hundreds of people have walked the grounds each weekend. On its busiest days, the flea market could see upwards of 1,000 people.

“I enjoy people, and some of the nicest people in the world are right here,” Knight said. “Really and truly they are. That’s what I like about this market. Everybody’s kindly on the same ball field, and they look out for each other.”

A central theme of her management style, Knight said she does not allow anything to interfere with the enjoyment of the youngest and oldest age groups who visit the flea market. She categorizes herself somewhere in the middle.

“I figure the ones in between, like myself, we can take care of it,” she said. “I figure we can handle whatever comes up, but you got to take care of those two groups.”

She describes the flea market as a family-oriented place. On a sunny weekend, there are dozens of children from all backgrounds running around in the grass, playing together, and helping their families.

“Got a lot of kids here,” she said. “Got a lot of older people here, where this is their social life.”

On a cold, rainy Saturday morning in November, just before sunrise, one finds a group of men under the first covered shed, preparing for the sale, talking, laughing, making early trades, and carrying on with each other. On this particular morning, rain was making life difficult, but the die-hards were already out working that day, setting out goods on their reserved tables, and talking among themselves.

“Where are you going for breakfast?” a bearded man asked his friend, Roy. “Why don’t you ever eat your wife’s breakfast?” he joked, opening the meal she had cooked earlier that morning and sent for him and his son, but not Roy.

“Roy eats at Hardee’s,” someone said back. “He likes their country ham.”

“That salty country ham sure is good, but you’ve got to watch your blood pressure,” the bearded man advised, pointing at Roy for emphasis.

His name is T.J. Noah, and he has been in the trade since 1977. Knight says T.J. and his son Thomas have been selling merchandise every weekend at the flea market for the past several years. They are often the earliest vendors to open on Saturdays, and even show up in the rain, on days like today, selling name brand foods, snacks, cookies and drinks. A pack of soft cookies that sells for $4 in stores, for example, T.J. offers at his table for just 50 cents. Chips can go for a quarter a piece. Even his bottled drinks are not expensive, but the stories are free.

In the late ‘70s T.J. said he first got into business running his own auctions.

“Remember I used to have that sign on my door?” T.J. asked of his nearby friends. “‘T.J.’s way or the highway?’ Remember I told that woman don’t let the door hit you on the ass?”

Everyone laughed who already knows the story.

He said even though he was the one holding the microphone to a PA system, a woman had been talking over him, and disrupting the sale, which he ran out of a building at his home in Tazewell.

“You couldn’t auction for that woman squalling, and going on,” T.J. said. “I told her to shut up. She said ‘I’ve been throwed out of better places than this.’ I said, ‘Don’t let the door hit you on the ass when you leave.’ Said it over the microphone. ‘Probably a bar room, what you’ve been thrown out of.’”

T.J. noticed that other people began listening to his story, drawing closer to the van to hear what’s so funny. He went into greater detail.

“I said, ‘You need to shut up so I can have a sale,’ you know?” he said. “That building I sold out of, every little noise – wasn’t it Roy – was louder?”

Roy nodded in agreement, although he was not there at the time.

“In the basement of my building, it just echoed in there,” T.J. said. “You could whisper in the back, and I could hear it up there. She was cackling, going on, and telling jokes or something. I said, ‘You need to quieten down a little bit.’ She started running that mouth. I said, ‘Don’t let the door hit you in the ass on your way out.’ She had me mad. You couldn’t embarrass this woman. No shame. She’s dead now. Her and her husband used to play Mr. and Mrs. Santa Claus at Walmart over there. She was one of them kind of women you couldn’t embarrass, you know?”

At this point, most of the group shared another laugh and dispersed. They went about setting up their own tables, exchanging remarks about the miserable weather, and seeing what the others had for sale.

T.J. continued his story. He said in a six-month period, his computer and accounts had been hacked eight times and he does not feel comfortable putting his finances online.

“They took our auctioneer license because we didn’t renew them on the computer,” he said. “We’ve been hacked and everything. You think I’m going to put any money out there on the line? State took it. If I decided to have one, I’d still have one. State can kiss my ass.”

Here, however, was another story. Showing greater deference to Mary Knight in the office, T.J. adheres more to her rules than those of the state of Tennessee, or so he said, concluding the conversation.

“At the flea market, it’s Mary’s way or the highway,” T.J. said.

She laughed at the comment. On this patch of land along 25 E, Knight sees that everyone is in compliance with not just her rules, but Tennessee law.

“They pretty much know that out here,” she said. “I don’t put up with a bunch of crap. They can either go by my rules or go somewhere else. They’re not written in stone like the Ten Commandments, and you can kindly bend with some of them – but a lot of them, no I don’t bend – and they know that.”

She said she stays firm on the most important tenets, like staying within the bounds of the law, and keeping the environment safe for children.

“I don’t allow anyone out here drinking,” she said. “I’m not going to have any drugs. None of the pornography on the tables. I just don’t allow none of that stuff. The world today—the kids can probably teach me a lot of stuff, but they’re not going to learn it here.”

Knight said that although every day is different in her business, she does not usually have to reiterate or enforce her rules. It takes a courteous, respectful, and diverse group of people to give her flea market the character and qualities hundreds of people enjoy each weekend.

She knows her vendors as intimately as they might know each other. Gesturing out the window of her office, she begins telling their stories as they file in early, preparing to set up for the coming weekend.

“God love him. I believe that’s that little guy…” She trailed off, watching as he parks his car.

“I really worry about him. Sometimes he comes down here. He’ll stay all night tonight, and he’ll stay, of course, tomorrow. Sometimes he stays Saturday night, and then leaves Sunday,” she said. “But he comes, and sometimes he’s come and had no money, had no food, and the people I was talking about who come in from Kentucky, they normally have got a little hot plate, and they cook on it, and they always fix him something to eat, too. Or different people around buy him something to eat.”

Knight said this, too, is what she loves about her market. Among herself and the vendors, there is a strong sense of community, loyalty, and mutual care.

“Most of the people are good people. If I have any problems it’s the people who are coming in, looking. They’re just here to agitate somebody,” she said. “Just like one old guy out here last year talked pretty rough to one of my female vendors down here, and she called me.”

Knight said she asked the woman if she could still see him, and to identify him. She pointed him out.

“I went down there,” she said, “and he was one of these guys who had the tattoos – I reckon people think those tattoos make them look tough – with the wife beater shirt on. I said, ‘Hey, I need to talk to you.’”

The man said, “Yeah, what do you want?”

Knight said, “Where’s your vehicle?”

He said, “You see that black truck right there?”

“Yeah, I see it,” she said.

“That’s mine.”

“OK. You can either walk to it, and get in it, and leave here, or I’ll drag you up there to it, and put you in it,” she said. “He was about to—I said, ‘Nope, don’t even start running your mouth to me. I’ve done heard from too many people what you said – what you did – so you’re out of here.’”

Knight smiled and said, with a laugh, “I might get whooped, but they’ll know I was there.”

Although she runs a tight operation, and all the sellers agree she keeps her market safe, Knight is no stranger to aggression.

“I had a guy, one day, pulled a knife on me,” she said, “and he said, ‘Give me that money.’ I said, ‘Yeah, I will,’ and I just reached behind my back, and pulled out a gun, put it between his eyes. I said, ‘Boy, you’ve come to a gunfight with a knife. You’re in bad shape.’”

“Oh, Mary, I’m just kidding!”

“I said, ‘I’m not.’”

Everybody out here knows that’s just not going to happen, Knight said, who has carried a gun starting sometime around the age of 12.

The market, with its covered sheds, food truck, and weathered wooden tables, has changed little since it began in 1981.

“I guess age has changed a lot more than anything,” she said. “It used to be an older generation, and now it’s pretty much all ages.”

She said with the shifting of age groups at her flea market, the merchandise has subtly changed.

“You had more of your antique dealers at that time,” she said, adding that most of the people dealing in antiques have died off.

“The younger generation, that means nothing to them,” she said. “All they want is the greenbacks. I see that all the time.”

Antiques can still be found at the I-81 Flea Market, being sold by people like Bob “Chief” Fletcher, who owns a bus at the edge of the property, and sells antique trunks, lamps, lighters, and bric-a-brac.

“We’ve got that bus full,” Chief said, gesturing to an early model tour bus behind him with seafoam green trim, artwork for curtains, and a bathtub out front. “There is no room to put it all out.”

Mary said antiques, such as old clocks or radios, do not always bring enough money, at a large enough scale, to justify their place in markets like hers.

“If you’ve got antiques – good antiques – you’re going to have to hold onto them, or put them in an antique store where they have consignment sales, where you can wait for the right buyer to come through.”

Knight said in the 1980s her vendors were mostly white, but over time shifted to include people of Hispanic origin.

She was told by one of her Hispanic vendors that, “we consider you one of us, because you’ve always taken care of us here.”

Knight responded, “Well, I’ll always take care of you here. Just because you’re Hispanic doesn’t mean somebody’s going to come out here and mess with you.”

She recalled a time in recent history when a hate group calling themselves the Minutemen tried to get started in Hamblen County.

“A lot of people act like they don’t even remember,” she said. “Now I’m like, my God, it’s not been that long ago. They tried to get a real big group started in Hamblen County. How can you not remember it? It was on the front page of the paper.”

Knight said the group had been circulating a newsletter, complete with a list of names of everyone involved in the organization.

“Well, I got the paper, and I told them – I said, ‘Let me tell you something, guys: If your name’s on this paper, right there’s the road. You need to hit it. The Hispanics are welcome here, so let’s get that straight now. You’re not going to come out here and cause trouble,’”

She said the group was attempting to blame the Hispanic population for coming into the county and taking their jobs.

“No, they didn’t take your jobs,” she said. “You’re too sorry to work.”

Knight said she has worked her entire life, beginning with a store owned by her parents, Charlie Hill’s Store. That store was torn down and later moved next to the Housing Authority on Sulphur Springs Road in Morristown, near the Boys & Girls Club.

“Most of the people around there were good people,” she said. “The ones we had the most trouble with were kids from the boys club.”

She said one evening someone came into her store to rob her while her father was sick. She was there by herself, with rollers in her hair, tending the store, when the boy came in armed, threatening to lock her in a walk-in cooler. She had to think fast.

“I’d done put all the knives back, because I’d cleaned the meat counter up, so I couldn’t just reach and grab one of them,” Knight said, “but I thought, ‘I’m not going to be locked up in no walk-in cooler.’ We got into a fight over the gun. Come to find out, he was on probation. [He came] from a good family in town, but you know. When he left, I had his gun.”

Another time, she said she had parked her car out of sight, near a house behind the store. Her parents were aging by then, and not around as much. To a would-be criminal, the place appeared empty.

“Here comes this old boy from across the street with a stocking over his head,” she said, laughing. “Well I just met him at the front door. You talk about running. He was gone!”

Now, as eastern Tennessee has calmed with age, and the perceived lawlessness of the region fades with time, modernity encroaches. The omnipresence of online reviews, remote work, and inklings of gentrification threaten to push Tennessee’s commercial landscape into a cold, glassy and sterile future.

But Knight says she is happy with her flea market, and has no plan to “upgrade” or “improve” the grounds, saying she likes it the way it is, as does Hamblen County, and so does the community.

“This is a flea market,” she emphasizes. “Everything is pretty smooth out here. I can’t ask for more than that.”

The I-81 Flea Market opens its 41st year on March 5, 2022.

This story appeared in Discover Hamblen County magazine.

Rural county leaders convene for Governor’s summit

NEWPORT, Tenn.—Leaders from rural, distressed, and at-risk counties gathered at the Carson Springs Baptist Conference Center on Friday, November 19 for the Governor’s Rural Opportunity Summit to discuss the revitalization of rural communities.

Gov. Bill Lee speaks to leaders at the annual Rural Opportunity Summit, where mayors and legislators meet to exchange ideas with the state cabinet. James K. Galloway

The annual meeting began in 2019 with the stated goal of improving the economic conditions of Tennessee’s rural communities. Because COVID prevented the summit last year, the Friday gathering was the second event of its kind.

During his visit to Cocke County, Gov. Bill Lee spoke at the summit, and toured the Tanner Building in Newport, where Walters State Community College added a campus in August 2020.

Deputy Chief of Staff to the governor Alec Richardson said there were two summits this year, split into east and west, with the goal of exchanging ideas between the state cabinet and local governments.

“We can’t do it without you guys on the ground, with everyday people, to try to make this work,” he said, speaking to a room of about 150 people. “The governor’s goal is to get rid of all distressed counties and make sure at-risk and distressed have as many opportunities as the transitional and the attainment counties that we have.”

Lee said he grew up in a rural community and does not want to see it lost, as he appreciates the lifestyle that counties like Cocke County provide for more than half the state. He rejects the opinion that rural America must be in a state of decline and said investment in those communities is key to elevating distressed counties.

“I think it’s difficult,” he said. “I think it’s challenging. I think there’s a lot of work that we have to do there, but it is worth it if we want to maintain all that is wonderful about our state.”

Gov. Bill Lee tours the historic Tanner Building in Newport. James K. Galloway

He said since taking office, he has seen Tennessee’s number of distressed counties shrink from 15 to nine, indicating that the state is heading in the right direction, but the summit is an opportunity to address the continuing problems of counties faced with job losses or stagnant economies.

“We’re not going to fix anything today,” he said, “but what we’re doing is opening lines of communication, knowing who one another are in a better way, networking with people that can partner together for you to make improvements for the people that you serve.”

Cocke County Mayor Crystal Ottinger said the summit gave her an opportunity to meet commissioners, and hear what they hope to do for rural and distressed communities.

When it was her turn to speak with commissioners, she was asked what keeps her up at night, and what the state could do for communities, to which Ottinger responded that lots of time is spent evaluating communities, but there is not much action once evaluations are over.

“We have a lot of binders with plans and evaluations, where we are, and where we want to be,” she said, “but then they stop right there, and we’re not seeing that last bit of action to implement things and change things. That’s what I’m really hoping to see.”

Ottinger says the main thing standing between planning and action on county goals is funding.

“We do have this ARP money coming,” she said, referring to federal money from the American Rescue Plan. “We are seeing some things change, so let’s go past the planning, past the evaluation, and let’s do some action items.”

She said during the summit she talked about grants that would help the county, but require a match.

“When you live in a county with a high poverty rate, that’s distressed – economically challenged – it’s hard to meet those matches,” Ottinger said. “You want to make sure whatever money you’re spending is spent properly, and not going to be something that sits on a shelf.”

Many grants have a match, she said, and the grants usually will not provide 100% funding. Some matches may be 25%, for example, or some may offer a 50-50 match, but in most cases the county has to put up a specified amount in order to receive the grants.

“Sometimes we don’t have that, so we talked to them about possibly having no-match grants or letting us use other moneys, whatever that may look like,” she said. “Some of our sales tax revenue that would normally go to the state, we would like to see maybe a little less of that go toward the state’s general coffers, and maybe give some of that back to the distressed counties.”

She said because Cocke County and others have been unable to meet those matches, the Association of County Mayors has tried, with no success, to sell the General Assembly on the idea of giving back some tax revenue in the form of grants, or money to match other grants.

“Right now, it would be nice to be able to utilize some of that to get more done for our communities,” Ottinger said.

She said that she had expressed this desire again, during a panel discussion, where she was met with silence. She laughed and said she understood they were not expecting such a direct question, and would need to evaluate the outcome.

“I think myself, and some of the other mayors that were there – having discussed this for a few years now – would have been a lot happier if they said, ‘Well yeah, we’ve been thinking about doing just that!’ But we weren’t discouraged,” Ottinger said, “because having that door of communication open, with the possibilities, has been really good for us. The governor has been good to listen on things like that.”

Ottinger said when she received economic data for Cocke County from the Appalachian Region Commission in 2019, she was informed by the state that if they repeated that improvement in 2020, then the county would have been on its way off the distressed list.

“Of course, then COVID hit,” she said, “and Conagra decided to shut down, so we are not as close as we were in 2019 to being off that list, but we’re still working toward our goals, and what we do need to do to get off the distressed list.”

During the summit, Ottinger had an opportunity to engage with the commissioners of health, workforce development, tourism, agriculture, and education.

“Workforce is a big issue,” she said. “They talked about dislocated worker opportunities.”

Ottinger said she wants an American Job Center in Cocke County, so that people do not have to drive to another county to receive benefits.

“They’re going to follow up and see what that would look like, to see if it’s a possibility,” she said.

Ottinger said the Commissioner of Health asked about any setbacks she has identified, or issues needing evaluation.

“We talked about the lack of nurses and paramedics,” she said. “We know that some other states are giving bonuses and things like that if people will become travel nurses and go down there, so I wanted to know if the state was going to do something similar. Are they getting bonuses? What are they doing?”

Ottinger said they told her they are not looking at bonuses, but the state is considering paying for school to give Tennessee an advantage, to help keep medical staff in place.

Gov. Bill Lee speaks to students, leaders, and media in a classroom at the historic Tanner Building in Newport. Photo credit: James K. Galloway

Addressing students in a Walters State classroom at the Tanner Building in Newport, Lee said he wanted to remind the students in attendance, and leaders in the room, what the day is about. He said the revitalization and investment efforts being discussed at the summit, along with coordination between state and local governments in general, are to the students’ benefit, upon whom Tennessee depends for a better future.

“That is what this is about, is creating an environment where you can be successful, and where you can get your education more efficiently at lower cost where you don’t have a bunch of debt when you get out of school,” he said. “I see all these leaders in the room who are reminded this is really about you. So thanks for taking advantage of it and for pursuing the opportunity.”

Ottinger said she is happy the governor and his aides got to see Newport on a sunny day to experience what Cocke County has to offer. She said while the governor, his cabinet and staff were in town, they visited businesses, ate at local restaurants, and planned to return.

“Cocke County showed up and showed out,” she said. “They couldn’t have been more impressed with the folks they met and the places they went.”

Ottinger said she is confident in her ability to continue to guide policy, and assist with keeping ARP goals on track as she nears the end of her term next year.

This story appeared in The Newport Plain Talk.

County nonprofits apply for COVID relief

Mayor Crystal Ottinger speaks to nonprofit organizers
Mayor Crystal Ottinger and CLB Chairman Dr. Clay Blazer guide nonprofit organizers through the initial steps of a federal COVID relief application process. James Galloway

NEWPORT—Nonprofit organizations across the U.S. have sustained measurable losses because of COVID, affecting their ability to serve the communities that depend on them. Now, a federal plan could help them bounce back and restore their ability to continue helping those in need.

Cocke County held a special meeting on Thursday, November 11 to discuss how area community organizations can benefit from the American Rescue Plan.

“This is a rare opportunity for us to give you all money that’s much needed,” Blazer said, speaking to a room of directors and volunteers in the Chancery Courtroom at the Annex. “We’re doing everything we can to give you all access to that money.”

Applications were handed out that night, and are now available through the mayor’s office. Digital copies are also available by request through email. At the meeting, they said that the rules could change to become more or less restrictive, but there are basic regulatory requirements that the county and organizations must meet in order to receive aid.

“We’re still getting guidance from Nashville,” Blazer said. “All we do know is what our total amount of money is, and we kind of know some stipulations about what that’s going to look like.”

The money is being distributed to the county in two installments, Ottinger said, the first of which has already been received, but can not be spent until both halves of the money are distributed, and once the county knows how it will be spent. They expect the second half about one year from when the first half was received. Another stipulation, she said, is that all the money has to be spent by 2024, and projects completed by 2026.

Because this is a federal grant, Ottinger says, there are more regulations involved than a normal grant, including that the organization must meet the federal government’s definition of a nonprofit. She said most of the groups in attendance already meet that definition, or else they would not be considered nonprofits.

“If there are questions on whether you’re a nonprofit, or what kind of nonprofit you fall under, I have the site you would go to, to determine what you’re listed as,” she said. “If you do that and find out you’re not a nonprofit, I have the steps for you to start that process.”

The second, and most important requirement, Ottinger said, is the eligibility requirement. The local government must identify – and nonprofits must prove – whether there is a public health need that will be met, or an economic hardship that will be mitigated with the grant.

“I think most of us would be able to do that,” Ottinger said. “Everybody had hardships through COVID. Everybody realizes the things they didn’t have that they could have used then.”

Although hardships stemming from COVID may seem obvious to those who experienced it, there are challenges and questions involved as people are asked for the very first time to express it on paper.

Sunset Gap is a thrift store, food pantry, and resource center impacted by COVID, according to Director Audrey Jones, who said the application was unclear at first glance.

“I don’t know what all they’re needing. There’s no criteria with the application, really,” Jones said. “I hate to fill it out if I’m not going to be eligible for it.”

She said her thrift store was closed for a year, causing her organization to lose revenue in 2020 after people could no longer come in, directly affecting their ability to get food out to those in need.

“There’s a lot of people that did not get served,” she said, “because we took every dime we had and put it in our food pantry to feed the people. We had to stop our hot meal program, our thrift store, and our mission camps for the year.”

Although they are doing somewhat better this year, they are still not fully up and running. Grant money could help restore the operation to full capacity.

“Normally we take enough in – in mission camps, in donations – to purchase turkeys and hams for the holiday boxes,” she said. “We weren’t able to do that this year. We’re praying that we can for Christmas, but for Thanksgiving, there’s no way.”

Jones is submitting her application in the hopes that the county can help her get the necessary funding, so that next year Sunset Gap organizers can purchase those foods for the people who depend on them.

She said she will be filling out her application with help from the organization treasurer and board of directors, and will ask someone at the mayor’s office to look at it, too, so that before submission, at least three different people will have reviewed it.

Blazer said he can provide information or direct people to resources on how to write their applications to show they are eligible to receive assistance through the grant.

“In a lot of cases, you all are meeting these criteria,” he said. “It’s being creative enough to figure out a way to explain how you’re meeting those criteria.”

Ottinger said that because the county is required to show how every dollar is spent, they are hesitant to make it into a simple monetary grant. Instead, they are asking people to come up with lists of needed materials and equipment, to be purchased by the county, and turned over to the organization.

“You tell us what you want, we buy it, and then we give it to you,” Blazer said, “because of that whole auditing aspect—that we are audited, and the federal government is not auditing your organization, and your organization, and all these different organizations.”

This means nonprofit directors and treasurers need to compare their financial records for 2019, show a loss in 2020, and present those records along with a list of equipment or materials that would have been purchased with the difference—money not received, because of hardship caused by COVID.

“On this grant, you’re going to have to prove everything,” Ottinger said. “Not just for the application, but in the event you are awarded the grant, you have got to follow up with that, too.”

She said the next step is for the county to process the applications through an online portal opening in January, where there will be an opportunity for a pre-audit, ensuring that purchase and project proposals will meet the program standards, possibly giving leaders and applicants a chance to amend the proposal.

“They will give us feedback on whether or not they think that project would pass the standards and eligibility requirements the federal government has set,” she said. “They’re looking to do that from January to March or April.”

Ottinger said they estimate hearing back sometime in the summer or fall whether the projects are viable, after which point the purchases will be subject to regular county purchasing guidelines.

“You’re looking at fall or winter of next year, for whatever it is that you may request,” she said. “I know that’s pretty vague. Again, everything is [vague] right now. We are still waiting to get that final rule.”

She said in order to stay in compliance, there will be after-action reports requiring documentation and proof of how the purchases are being used. To satisfy the requirements of those reports, she cited examples of proof, such as service areas and ride logs, for an ambulance purchased through the grant by a volunteer EMS. As another example, she said food boxes purchased through the grant would have to be accounted for, and proven with logs and receipts, clearly showing that the organization has followed through with the grant’s stated purpose.

Marta Cogburn is also considering the application process. She is the director of Recovery Ministries at United Methodist Church, and said the mayor encouraged her to apply.

“We put our heads together,” Cogburn said, “and we purchased a lot of equipment just to do Zoom, and paying a Zoom license, and those kinds of things, and she thought that I could probably use money for that, so that was great.”

There are still open questions about how monetary relief can be dispersed, but the mayor is encouraging everyone to apply who can show hardship. However, she said applicants should not combine requests for monetary relief with an application requesting equipment or material assistance.

“Separate from your application – don’t mix it with your application – write us something that says, ‘Hey, this is what I would need actual monetary funding for,’” she said. “That way, if they change it or – there’s going to be a lot of other grants that come out of this. The states got money, there are federal grants as well, so there’s going to be additional opportunities out there. Go ahead and figure out what you might need, that we can’t do—but maybe one of the other entities can.”

A tax status determination letter is also needed to apply, Ottinger said, and there is still time to request one.

“You should have time to go online and request that,” she said. “If for some reason it’s Wednesday the 29th, and you’re still holding onto this because you don’t have that one thing, turn in your application, because there are still processes after you get it turned in.”

Ottinger said she is considering holding a public workshop to help answer more questions and guide applicants through the process.

Applications are due December 29. Blazer suggests not waiting until the last minute to start the paperwork, because gathering the necessary documents takes time.

This story appeared in The Newport Plain Talk.

Close to my heart: Cancer survivor on a mission to help others heal

NEWPORT, Tenn. — The American Cancer Society estimates that one in eight women will develop breast cancer in her lifetime. For some, the diagnosis alone can feel paralyzing. For 53-year-old Christy Adams, who overcame stage 3 breast cancer in January, her constitution prevailed. Now she answers a calling from within to help new patients facing for themselves what she went through last year.

Christy Adams - Close to My Heart Foundation
Christy Adams sends her care packages to individuals through clinics or directly by mail.

Adams, through the Close to My Heart Breast Cancer Foundation, which she began last October, said she aims to help make a positive difference in women’s lives as they undergo treatment for breast cancer.

Since surviving a deadly form of cancer, and faced with a high chance of recurrence, Adams has dedicated her life to being a force of good, and through her young foundation now sends out care packages with the goal of helping others through the difficult process of cancer treatment.

“I want to help people,” she said. “I want to do something that really matters. I think it’s an 85 percent chance of recurrence in the first three years, so that’s why I just want to leave something good in the world. I just want to do good for other people while I’m here.”

Sitting by the window of a restaurant on Cosby Highway, Adams described the soul-numbing effect of first being diagnosed with advanced breast cancer.

“I already knew. I just had that intuition. I’d been having a lot of problems that I ignored for a long time. It was such a punch to the gut, that I could not feel anything for a while,” she said. “I could not feel immediate sadness.”

After being diagnosed with cancer, and undergoing waves of treatment – an experience that comes with its own trauma, and the most difficult part of the experience through which Adams is helping other women – she now lives under the ever-present threat of its return.

Adams said the initial numbness eventually gave way to deeper feelings, and with that came a better defined awareness of the world. Now, she says she is given to the moment, and finds herself appreciating life more, sensitive to its smallest details.

“It changes how you look at everything,” she said, gesturing to a bush near the window. “Now I can look at that bush out there, and it’s almost like I can see every little, teeny thing on it, you know? The leaves have more definition. The clouds, and the feeling of rain on my skin. It’s almost like I see things more clearly now. I feel more deeply about things than I used to. I can’t explain it.”

In her book, Cancer, God, and Me, Adams writes about the profound experience of giving oneself over to something bigger than ourselves, putting her life in other people’s hands, and her trust in God. In giving herself over to whatever fate held, she finds herself increasingly guided by an emergent sense of purpose.

However, Adams said that her life-saving cancer treatment was so painful and difficult that if the cancer returns, she does not know if she could go through with it again. Knowing firsthand how terrifying the experience can be, she hopes to bring relief to anyone going through it.

“That’s why I’m trying to do as much good as I can, because there is a very high likelihood I won’t be here in three years.”

The care packages, which come with blankets, caps, and other helpful items, often contain a personal message from Adams herself. She is also happy about a recent partnership with True Love Skincare, which now sends her a monthly supply of skin care travel kits to be included in every care package.

This year Adams went on to put out a children’s book series – Adventures with Lolly – to guide young readers through topics like bullying, exclusion, and prejudice. Remedies such as unconditional love, dignity, respect, and acceptance found in her children’s works are echoes of newfound perspectives fortified by her own confrontation with mortality, trusting, giving herself over to a higher power, and accepting whatever may lie ahead.

In her book Cancer, God, and Me, Adams writes every detail of what it is like to go through the harrowing ordeal of discovery, diagnosis, and treatment, including the social and psychological aspects of how family and friends may react, or other complex changes that are not immediately apparent to everyone who has never had cancer or who might just be going through it for the first time.

“I tried to cover it all, because I had a couple friends who just ghosted me, because they didn’t know,” she said. “They didn’t understand. They couldn’t handle it. After I went through the journey, I realized not everyone knows how to cope.”

She said her friend came back, Adams understood her feelings, and they are good now.

Now her friends help out with foundation events, like a summer getaway raffle in which her friends donated their cabin for a stay in Pigeon Forge, tickets to Dollywood, and a dinner for four, put up by the foundation.

“I don’t take anything,” Adams said. “Every donation I get goes strictly to supplies.”

Sharon Rosenbalm, who she credits with helping out with the raffle, downplays her involvement in the organization, saying she is proud of her friend, and how well Adams runs the foundation on her own. The two met at Dollywood in 2017, where they worked. Now they attend church together.

“I’m mostly just her friend of encouragement,” Rosenbalm said. “I help her find the right people with the product that she needs, and things like that. Anything we can do just to encourage her.”

Rosenbalm said Adams’ knowledge and encouragement is an asset to other women experiencing the same problems.

“The response she gets from the women who have suffered through what she’s suffered through, she’s a great encouragement when it comes to that,” she said. “She’s very good at her writing and things like that to help encourage people. I try to do my best to keep her encouraged because everybody has some days where you don’t feel the best.”

Her care packages are sent to patients at breast cancer treatment centers in the area, including the Thompson Cancer Survival Center in Sevierville where she was treated. Women who are new patients, and are perhaps just hearing about their breast cancer for the first time often receive the news with the same sterile nonchalance as Adams when she learned she had caner. The care packages are intended to offer some measure of warmth in atmospheres of such clinical coldness.

Early detection through regular screening mammograms starting at age 40 are the best tool women have against breast cancer, says Deena Hill, Chief Nursing Officer at Newport Medical Center.

“Women in our community have many resources available to them to support their health and well-being,” Hill says. “Women often put their own health needs off to care for others but it’s important to take care of yourself too.”

When Adams was diagnosed with triple negative invasive ducal carcinoma, considered to be among the most aggressive, and most deadly, form of breast cancer with the highest recurrence rate, she had already been ignoring the issue for some time.

Banking on a previous misdiagnosis, and ignoring her own intuition that the growing lump in her breast was in fact deadly serious, she wrote how she was afraid to learn for certain what, deep down, she already knew.

“I couldn’t bring myself to face what I already knew,” she stated in her book. “I didn’t want to know. I thought maybe I was just overreacting and letting my mind run away with me, but if I heard it from the doctor, then it would be real.”

“Some degree of fear is expected but it is best to take it one day at a time,” says Hill. “Our community has an excellent local cancer support group called Celebrate Life. It is good to have someone to talk to that has fought the same battle.”

In her book Adams admitted to being in “denial at its finest,” as she was being led by her emotions and not any rational thought process.

Hill says women often put their own health needs off to care for others but it’s important to take care of yourself too.

“Screening mammograms are covered by most health plans,” she says. “Patients without insurance also have the option to look at MDSave to save on costs and the TN Breast and Cervical Program can help some patients with the cost of mammograms.”

In the case of a positive diagnosis, Adams says to prepare for your life to be disrupted.

“It’s not just, you have your life – and this is a little thing to deal with – or it’s just something you deal with and then you get over it. No. It completely changes your whole life after that.”

She said the changes are not only physical, due to illness, but a person is challenged each step of the way, emotionally, mentally, and spiritually. She said it changes how you see everything.

“So that’s just why I want to leave something good in the world,” she said. “I just want to do good for other people while I’m here. I always had a good heart, but after breast cancer it hit home that I’ve got to do something that really matters. I have got to help people.”

Adams said since starting the nonprofit last October, her friends have given generously in support of her mission. She said she appreciates a Facebook circle of friends with open hearts, and in an effort to take pressure off her social network, she is now in the lengthy process of applying for grants, and is currently seeking corporate sponsorship.

Throughout her treatment and beyond, Adams has remained enrolled in a master’s program in developmental psychology.

In this final week of Breast Cancer Awareness Month, Adams is pushing to double her average number of outgoing care packages by the 29th, to coincide with the one-year anniversary of the foundation.

To help support the Close to My Heart Breast Cancer Foundation, visit closetomyheartfoundation.weebly.com for contact information, pictures, and more about their work lending a helping hand during life’s toughest time.

This story appeared in The Newport Plain Talk.

Protesters crowd New York streets on President Trump’s first visit home

Police and Secret Service walk along the front of a designated protest zone in front of the Intrepid Sea, Air and Space Museum on May 4, 2017. More than a thousand protesters showed up to greet President Trump on his first visit to his home city of New York since becoming president. Photo Credit: James K. Galloway
Police and Secret Service walk along the front of a designated protest zone in front of the Intrepid Sea, Air and Space Museum on May 4, 2017. More than a thousand protesters showed up to greet President Trump on his first visit to his home city of New York since becoming president. Photo Credit: James K. Galloway

NEW YORK – Donald Trump returned to his home city on Thursday, for the first time since becoming President of the United States.

Demonstrators appeared at the Intrepid military museum, a decommissioned warship docked in lower Manhattan, where President Trump met right-wing Australian Prime Minister Malcolm Turnbull.

As people outside chanted “New York hates you,” Trump and Turnbull participated in a ceremony to commemorate the Battle of the Coral Sea, a joint effort in the Pacific between the US and Australia during World War II.

Approximately one thousand protesters gathered to protest Trump administration stances and policy.

Audio from the protest

Afterward, Turnbull and Trump were scheduled to play an evening round of golf on a Trump course in Westchester.

Fewer than one in five New Yorkers voted for Trump in the 2016 election.

Ban on public feeding suspended in Fort Lauderdale

90-year-old Arnold Abbott is arrested for a second time after feeding the Fort Lauderdale homeless
90-year-old Arnold Abbott is arrested for a second time after feeding Fort Lauderdale’s homeless population. Photo credit: New Times Broward Palm Beach, Vimeo

FORT LAUDERDALE, Fla. — A judge in Florida suspended Fort Lauderdale’s ban on feeding the homeless Tuesday, calling for mediation on the issue. A city ordinance passed October 21 made it a crime to feed the homeless in public, carrying a possible penalty of jail time plus a $500 fine. As members of the public prepare for court appearances throughout the month of December, many of them continue to serve food in spite of what they say is an unjust law.

The ordinance, now suspended for 30 days, said people cannot be fed in public throughout the city unless bathroom facilities, such as portable toilets, are also made available, but the ordinance does not stipulate who should provide those facilities. And although Mayor Jack Seiler says the ordinance is designed to help the homeless by mandating on-site bathroom facilities wherever food is served, volunteer and advocacy groups argue the ordinance is an attack on the homeless, rather than a solution to the conditions which brought them to Stranahan Park.

Fred Morrison, professor of law at the University of Minnesota, said in a December 1 interview that public parks are open for free speech – including symbolic speech – which he said is “certainly a part of free speech.” On the other hand, he said the city can make what are called ‘reasonable time, place and manner’ restrictions on it.

“So they could designate parts of the park as ‘no eating,’” he said. “And certainly if the regulation is intended to suppress a viewpoint, that would appear to be contrary to the First Amendment.”

Whether the regulations are being used to suppress free speech is a matter that will be decided by courts.

Fort Lauderdale is not the only city potentially facing homeless feeding restrictions. On November 3, the Associated Press reported that more than 30 cities across the United States have tried to introduce laws similar to Fort Lauderdale’s in the past two years, quoting a statistic from the National Coalition for the Homeless. Members of the Richmond, Va. chapter of Food Not Bombs, a food sharing group with anti-war messages, fear their Monroe Park location in the city could be next in line to face restrictions similar to those imposed on Fort Lauderdale, affecting Stranahan Park.

Erika, a Richmond Food Not Bombs activist who declined to give her last name, said she and her group heard about the November 7 arrests of South Florida Food Not Bombs activists, but expressed no surprise.

“We have a history of always getting arrested for this,” she said. “But in fact, lately, it’s been kind of quiet, until now.”

Erika and Vernell Gaines, another member of the group, said they are concerned about a proposal by Monroe Park Conservancy to privatize control of the park after the city leased it to the conservancy for 30 years at a dollar per year. In a blog post, Richmond Food Not Bombs member Mo Karnage said the plan includes a list of ‘acceptable activities’ in the park, and those who qualify could then apply for a permit costing $35 per event.

“Every Sunday, we would have to go in advance and buy this thing,” Erika said, “which is just ridiculous considering we don’t make any money. If anything, the people involved have put their own money into things … so it’s crazy that they would want to charge us to provide a free service.”

Micah Harris is a Fort Lauderdale volunteer, and Vice President of the Peanut Butter and Jelly Project, which provides meals to the homeless. In a November 18 interview, Harris said he and his organization have helped 41 people get off the streets since February. One of the biggest problems he said his organization has with the ordinance is its portrayal by city officials as a legitimate response to health hazards.

“They’re hiding behind the news as being a health issue, when in reality they don’t want to see homeless people,” Harris said.

Harris said he thinks if public defecation is the main focus of the ban, as he said the city suggests that it is, then the city should be responsible for providing more public restrooms, not volunteer organizations feeding the poor.

“If public defecation is an issue, the city should be required to provide more adequate restrooms for people to use, whether it’s porta-potties, whether it’s building other facilities or not.”

Harris said homeless people frequent Stranahan park because the space is located 300 yards from a prominent public transportation hub, and 100 feet from the public library.

“When you have shelter, Internet use, bathroom use, and a library which can’t be denied to anybody, and you have a hub of public transportation, then unless by chance they move all of that somewhere else, they’re not going to get rid of what the ‘eyesore’ is,” he said.

Seiler has since reiterated the city’s position in a November 26 interview with WPLF Local 10, in which he said the ordinance is meant to help the homeless, and in a December 2 interview with the Sun Sentinel, in which he said he would prefer to enforce municipal ordinances, in response to the Tuesday suspension of the public feeding ban.

“The whole goal has been for the city of Fort Lauderdale to assist the homeless here in Fort Lauderdale, to provide the appropriate resources, facilities and locations for them to get the aid they need,” Seiler said.

Harris called the treatment of Fort Lauderdale homeless “sad.”

“The mayor goes on TV and acts as though there are all these places where they can go, and there’s not,” he said. “There really isn’t.”

Arnold Abbott, the 90-year-old chef and World War II veteran whose November 3 citation put international focus on the Fort Lauderdale ordinance, is the ideal face of homeless feeding advocacy, according to Harris. News of Abbott’s citation, and subsequent citations – now up to four tickets, as of December 1 – went viral when a link to a November 3 WPLG and CNN report was voted to the front page of reddit, a news aggregation website.

Abbott and his group, Love Thy Neighbor, have been feeding the homeless for 23 years, defying past bans. Harris said Abbott advocates feeding the homeless for the right reasons, adding that Abbott is both genuine and authentic.

“You got your martyr,” Harris said. “What better face could you have, to fight this, than a 90-year-old war veteran that fought for civil rights, who started a nonprofit organization in the name of his deceased wife? … That’s the face you need.”

On the day of Abbott’s initial citation, WPLG and CNN quoted his description of the police encounter: “One of the police officers came over and said, ‘Drop that plate right now,’ as if I was carrying a weapon,” Abbott said.

Aaron Jackson, president of Planting Peace, a humanitarian aid project, said in a November 19 interview that Fort Lauderdale police process citizens on location, gathering the same information about them as if they were brought into the station – including mobile fingerprinting – and then they let people go.

Jackson, who himself was cited November 10 for giving away free pizza in front of city hall, said although he was processed, he does not feel like a criminal.

He said the city hall demonstration was symbolic of community groups’ refusals to back down. He said during the five years he spent as director of an area homeless shelter, he had seen the city pass laws against panhandling at medians, and observed Broward County police officers shifting the homeless population between cities.

“There’s veterans, there’s people with mental health, schizophrenia – things of this nature – all through the streets of Broward County and Fort Lauderdale,” he said. “And to outlaw our ability to bring help to them is just absolutely ridiculous.”

Jackson said Seiler’s plan for the homeless to go where the ordinance permits them to be does not take mental illness into account.

“When I was director of the homeless shelter, we had [schizophrenic] people who were afraid to go inside the homeless shelter. There was too much paranoia,” he said. “They had to go out, and we had to bring services directly to them.”

Abbott sued the city and won on religious grounds in 1999, when a similar ordinance was passed. Abbott and others say it is their religious duty to care for the destitute.

“We will continue as long as there is breath in my body,” Abbott told the Sun Sentinel on November 9.

Harris said members of his organization, including his wife, considered facing arrest, following the November 7 arrests of three members of South Florida Food Not Bombs, but he said they soon backed out.

“We’re not going to put ourselves in a situation where our son sees either one of us put in handcuffs and taken away,” Harris said. “I would never do that to him. That’s traumatic. It’s counterproductive.”

Harris described his interactions with Fort Lauderdale police as uniquely positive, however. He said he considers them part of the community, now as well as before the ordinance. He said before the ordinance went into effect, the police came by Stranahan Park and he shared his water with them. He said they did not bother anyone and have been cordial, even while issuing citations.

“It’s not a cop thing,” Harris said. “We’ve never been the type to fight the police or fight the system like that.”

Jackson said that the police have been “kind,” as they carry out their duties and citations. He said they have not been rude and they are only doing their jobs. Jackson said he thinks even the police believe prohibiting charity is “ridiculous,” which is why they mainly issue citations and let people go.

“And in this instance, they let you go, oddly enough – which is kind of funny – and it goes to show just how ridiculous this is if you really think about it,” Jackson said. “Once they issue this citation, they let you go. They let you continue feeding. What other law could you break– If I was robbing a store, and the police came in and stopped me and arrested me, would they then just let me go and continue to rob the store? No.”

Jackson said he observed that the police, after writing out citations, stand around the area but do not say anything and stay out of the way until the feeding is over.

Morrison said the police are measuring to see if judges decide the ordinance is valid before proceeding with duty. He said waiting to do a more thorough enforcement of the ordinance until after the first court cases have been heard seems to him like a reasonable act of police discretion.

“They don’t have to give you a ticket if you’re driving 31 in a 30-mile-an-hour zone, but they could,” he said. “And they don’t have to give these people a ticket. They are, in a sense, already on notice, and the courts are going to have to decide this.”

Harris said he was not present during the initial Food Not Bombs arrests, but said those members arrested November 7 took over a pavilion at the center of the park for which a permit must first be obtained before holding public events. He said they did so with the intention of being arrested and he did not like to feed into what he perceived as the media’s inclination to report arrests when more people were being cited than arrested.

“They wanted to get arrested,” Harris said. “They were looking for it.”

South Florida Food Not Bombs member Haylee Becker said in a December 1 interview that she did not want to get arrested and would not describe the police at that time as ‘cordial.’

“At least they weren’t while they were arresting them,” Becker said, referring to the three activists arrested in Stranahan Park as she stood nearby. “They were calm. They were doing their job.”

A November 26 report by WPLG said there was no apparent police presence at Abbott’s day-before-Thanksgiving public feeding on the beach, however plainclothes officers were in attendance, and issued citations to offenders by mail.

The WPLG report did not clarify how the Fort Lauderdale Police Department knows which individuals to cite, and the department has not responded to numerous, repeated inquiries for more detail.

Becker said that although South Florida Food Not Bombs has given out food for two weeks without police intervention, police officers shoot video and photograph her group from various directions.

“Every Friday we’ve been sharing food since 2006 in that park around that time,” Becker said. “Our intention was not to get arrested. Our intention was to share food every Friday and unfortunately, there was a law.”

Morrison said the difference between the South Florida Food Not Bombs encounter with police and the Planting Peace encounter is only in the tone of the confrontation, and has no bearing on the law or the legality of the activities for which they were issued citations.

“This is just probably the tone and tenor of the confrontation,” he said. “It doesn’t change the underlying law at all, and it won’t change the underlying result, either.”

While Fort Lauderdale city officials passed a ban on public feedings, and promoted the ban on a public health platform, Richmond, Va. city officials cite public safety as their motivation for relinquishing control, but not before contributing $6 million dollars to its renovation – before a privately controlled entity takes it over – according to the terms of the lease.

Safety and security are recurring themes of the approved Richmond plan, as introduced by Monroe Park Conservancy President Alice Massie, which proposes the replacement of trees in the park, new lights and the addition of bistro-style cafés and food carts. Of interest to Food Not Bombs and others who feed hundreds of people in the park each week, the plan Massie introduced would require a minimum 75:1 “ratio of non-homeless users to apparently homeless ones” in order to attract more women to the area, the conservancy document states, because “women tend to be more acutely aware of disorder than men, and throng to spaces that seem completely safe.”

Gaines said it was clear that Massie wanted support at a March 18 city council hearing when the plan came up for discussion, during which safety – particularly that of Virginia Commonwealth University students – became a point of contention.

“Pretty much they were trying to get people to come up in there and talk like, ‘Well, all the people that walk around the park, who are usually there, are an issue,’ but we actually got some VCU students to come up there with us and say how they felt about everybody,” Gaines said. “They said they don’t have a problem with it because everybody minds their own business. There’s never problems in the park, really.”

The plan also proposes a privately managed, semi-permanent market that would run along the north-south spine of the park, spaces which organizers can rent “with little initial expense.” Additionally, the plan, once it moves forward in Fall 2015, is to hire event staff, a maintenance crew, program and event managers, and private security. The security force is the largest planned expenditure during the first year of the published five year plan. The plan states security forces will call upon VCU and Richmond police to enforce new rules.

Finally, although the privately backed conservancy plan acknowledges the existence of homeless feeding programs in Monroe Park, the paragraph concludes: “The homeless presence in Monroe Park poses an impediment to increased park usage.”

There are various decisions about ordinances prohibiting aggressive panhandling which causes people to fear for their safety, Morrison said they could be prohibited.

“If it’s just someone saying ‘I’m hungry and I’m homeless,’ then it can’t be prohibited,” he said.

In both cities, Morrison said the conflict is partly ideological.

“There are people who would like to have parks look like nice gardens,” he said. “And there are people who would like to have the parks be public spaces. Both of those dreams are present in our culture.”

Streets and parks are places where the Supreme Court has said people have a right to demonstrate, Morrison said. And although giving away food is a protected form of free speech, it can still be limited by regulations, but not totally prevented.

“I think the city could say, ‘there will be no food in city parks,’ but that has to shut out the picnickers, too,” he said, “because you can’t take one class of people and say, ‘there will be no food for this class in city parks.’”

All media requests to city hall regarding the Monroe Park Conservancy are forwarded to Tamara Jenkins, city recreation coordinator. She declined to answer questions about the conservancy, the terms of their lease, or how the public will be expected to interact with the park through the conservancy.

Richmond Mayor Dwight Jones sits on the executive board, as well as Robert “Bobby” Scott Ukrop, president of Ukrop’s Homestyle Foods. Neither Jones nor Massie responded to numerous, repeated requests for comment.

Morrison said the city could require anyone feeding more than 50 people at once to require a permit, for example, because a ‘reasonable time and place’ argument could be made that it is an unusual use for the park and a permit would be required to make sure there are not too many people in the same space, but he said he does not see indications such a plan is being talked about, at least in Fort Lauderdale.

Food Not Bombs, an international group which maintains a presence in both Richmond and Fort Lauderdale, sets itself apart from other food sharing groups with focused, anti-war messages. The first full sentence on the group’s official website is a Martin Luther King, Jr. quote promoting a shift of public funds from the military budget to social programs. Many Food Not Bombs chapters even offer free anti-war literature at their tables.

It was for that reason – not for feeding the homeless – which Keith McHenry, the group’s founder, said he was first arrested in San Francisco’s Golden Gate Park on August 15, 1988. McHenry is currently based out of Santa Cruz, Calif.

“They said we were making a political statement, and that that was not allowed,” McHenry said in a November 4 interview. “They didn’t mind that we were feeding the homeless. It was this political statement.”

However, an August 17, 1988 Los Angeles Times report quotes Police Lt. Rich Holder as saying the group was “in violation of the Health Code, the Park Code and the Penal Code.” The report states McHenry’s group was at one time told to dispense food at a nearby church, where required sanitary facilities were available.

“In addition to expressing views, Food Not Bombs is also distributing food,” Morrison said. “There may be legitimate reasons to control the distribution of food, like sanitary controls … Another is ‘time, place and manner.’ You could tell them ‘you’re not going to do this between midnight and six in the morning.’”

In Orlando, Fla. an ordinance was upheld by a federal appeals court, in which the court decided the city’s restrictions on feeding the homeless in public were constitutional. The Orlando Sentinel reported on April 12, 2011 that the U.S. District Court of Appeal for the 11th Circuit in Atlanta found the feeding ordinance did not violate the constitution because it still technically allowed people to feed the homeless in public parks, but limited legal public feedings by requiring a new permit for each feeding, and only allowing a group two permits per park each year.

“The precedents for this are a bunch of cases that come out of the civil rights movement in the 1950s and 1960s, which the U.S. Supreme Court said these are what are called ‘public forums’ and they are available for the public to express their views.”

Like many groups from the civil rights era, documents obtained in 2011 through a Freedom of Information Act request by McHenry show that an informant with the FBI monitored and reported Richmond Food Not Bombs activity.

The documents, under the heading ‘Counterterrorism,’ show FBI surveillance spanning two years between October 2003 and November 2005, and include a compact disc loaded with images shot during a war protest.

The documents explicitly describe Food Not Bombs planning meetings, items hidden in the homes of certain members, and profiles their various agendas, which included Iraq war protests and protests against state and federal governments, as well as against the activities of Eugene Trani, former president of VCU. The documents also name and describe individuals, vehicles they drove and the political philosophies of various participating parties.

The documents show the case was closed after the investigation failed in 2005 to connect a specific member of the group to vandalism of the General Lee monument at the intersection of Monument and Allen avenues.

Karnage said the investigation took place before she joined the Food Not Bombs program in 2006, and while she says the figures being investigated by the FBI still live in the Richmond area, she does not know who they were.

Writing Their Way Out

Dr. David Coogan
Photo Credit: davidcoogan.com

The smoke-filled writers’ rooms as seen on TV and depicted in books – even those where we work – all share a few similarities. Many are littered with papers, pictures, notes and reminders hung on the walls. Some workshops bear striking resemblance to the cubicle wastelands of “Office Space” or the fluorescent nightmares of Chuck Palahniuk’s “Fight Club.” Some are even racially homogeneous, or populated only by men. But rarely do we learn about the writers’ room where every writer is incarcerated, where laws command them to stay.

Such is the case at the Richmond City Justice Center – formerly known as the Richmond City Jail – in Virginia, where Dr. David Coogan and his colleagues have spent the last four years conducting Open Minds, a writer’s workshop that gives inmates the opportunity to develop their memoirs in a safe zone – a place where confined men are free to explore themselves – and document the long, unbroken chain of events that brought them to this room.

“I had a hard time believing that they were not like me,” Coogan said. “I refused to put them into a ‘they’ category. I figured some of them had to be inquisitive, intelligent, creative – not all of them, but some of them – would have to be like me, or the students I meet at VCU, and would want to write their ways out of the lifestyle that got them there.”

Coogan said his current line of work began as an exploration. “I wanted to see if writing could help people change their lives,” Coogan said, “and I thought, ‘I have the resources. I have the motive. I have the time. I have the incentive.’”

Coogan’s incentive became the muted public reaction to a gang-rape which took place near his home in the city.

“I was overwhelmed at – not so much the crime itself – but the reactions to the crime,” he said. “What really floored me was that nothing was being done about it.”

Coogan said he wanted to do something. His response, from the perspective of a writing teacher and scholar of public rhetoric, “was to inquire: What is the cause of crime? And are there some people who get caught up in crime who don’t know why, and want to know why?”

He began volunteering through Offender Aid and Restoration in 2005. OAR is a nonprofit organization working with ex-offenders in the downtown area. While there, a case worker suggested he take his ambitions to the jail where he could start teaching writing.

“And she said, ‘If you really want to find out if writing can help people, you should start there.”

An estimated two-thirds of released inmates are rearrested within three years of release, according to a 2005 report published by the Bureau of Justice Statistics, a federal agency that tracks criminal justice statistics. After five years, statistics show three-quarters of released prisoners are rearrested.

Coogan, however, knows the more higher education a person gets in prison, the less likely they are to return to crime.

Virginia Commonwealth University, where Coogan is an associate professor, will soon offer scholarships to students under Open Minds whose work stands out.

“They can come to VCU and take a couple of classes for free on their release,” Coogan said, adding that the school will announce more details at a later date.

Though a scholarship may present significant opportunities to writers emerging from Coogan’s workshop, there is still more to be done – or undone – for communities belonging to inmates of state and federal prisons.
Coogan said there are at least two angles from which the community can approach recovery and reduce recidivism.

“I’m very much concerned with the individuals who want to work from where they are in their lives and in their writing,” he said, “but I’m very concerned with the larger structural problems that our society has not fixed.”

Coogan identified what he described as a major obstacle to ex-offenders who, as a result of their incarceration, become ineligible for Pell grants: Through a provision of the 1994 omnibus crime bill signed into law by President Bill Clinton, anyone who has served time in a state or federal prison may not receive the federal Pell grant for higher education.

Dallas Pell, daughter of the late Claiborne Pell after whom the grant was named, told the Washington Post in December she asked Congress in October 2011 to reinstate Pell grants for prisoners, but made little progress, calling it “an emotional issue.”

“When people get out of prison, the overwhelming majority of people who have gotten education in prison, they’re so profoundly changed,” the Post quoted her as saying. “They go into their communities. They go into social work … It’s in everybody’s best interest to have people come out [of prison] that are rehabilitated and feel good about themselves.”

In 1994, the majority who voted in favor of the bill argued that the penalties for crime were not high enough, and referred to a scenario in which a police officer’s child may not receive the Pell grant, whereas an inmate that officer jailed may receive it.

Dean Turner, a formerly incarcerated student under Coogan, is now free. Turner compared writing with Coogan to “therapy.”

“I had a lot of demons that were still trapped inside my body and my mind,” Turner said. “Things that happened to me, things that I’ve done, people that passed in my life that I thought I had gotten over it – but never did – me being shot multiple times … three different occasions, being stabbed, being abused by my moms … being an abuser … it was more or less therapy for me – because I was like – I was getting it out.”

Turner said he learned some negative behaviors from his mother, whose own behaviors arose from within the poor conditions of their broken home and the absence of Turner’s father.

“That’s how I looked at it,” Turner said through laughter. “I’m not a psychiatrist. Now that I look at it, I have a tight relationship with my kids … and my mom.”

Coogan referred several times to a dichotomy of “us-versus-them” which separates people emotionally and mentally, dividing communities along imaginary lines.

“That vision of the inner city here, and the West End there, is a metaphor for what happens mentally when we allow a ‘they’ to form,” he said. “And ‘they’ could be anybody. In this case, we’re talking about criminals, or people accused of crimes but it could be anybody different from you.”

Coogan said he wanted to address divisive ideologies when he began teaching. He said his students in jail were not so different from his university students.

“I was again amazed at how right I was, that my faith in humanity was intact, that most of the men I met were no different than any of the men or women I would meet in free society,” he said. “I think if more people got over their mental hurdles – or the maps – if they crossed the borders of their mental maps maybe a little more often, we wouldn’t have so much division, and strife, and ignorance.”

Coogan said he thinks the reason why the United States has become the largest jailer in the world is “precisely because we’ve decided not to cross those mental borders.”

He said by making an “other” out of people who do not fit in with unrealistic societal expectations, more people are jailed who suffer from mental illness, sexual abuse and drug addiction.

“Their lives are touched by drugs,” he said, “but they are not well served by being in prison. When we treat a health problem as a criminal problem … we create economic and ethical failure.”

Inmates participating in the workshop established by Coogan in 2010 bridge writing and art-making with community-based theorizing, Dr. Elizabeth Canfield said. Canfield co-directs Open Minds with Coogan, and helps put together a book of writing from the workshop.

“We do music and visual arts as well,” Canfield said. “All of our cultural production stuff is around critical and creative things that we’re reading and looking at. We deal with issues of gender, economy, politics, race, those kinds of things.”

Coogan said writing is not a “cure-all” but a community fostered by a writing workshop “can be an amazing, creative, life-affirming, hopeful place.”

He said at the core of successful programs addressing recidivism is a community of caring people.

“What we lack in our prison system now is that larger sense of welcoming a person back into a community,” he said. “Maybe even while they’re incarcerated, cultivating the community for positive things.”

Professor Jonathan Waybright described Coogan as a “mentor,” adding that his workshop “comes very close to therapy.” Waybright began work as a teacher with Open Minds around 2011, shortly after the program formally began.

“His ongoing encouragement to explore and adjust my teaching techniques to newfound teaching venues really leads to an exploration of myself,” Waybright said. “And hopefully this will not only make me a better teacher but a better human being.”

Waybright said Coogan makes himself available to his colleagues in a continuous effort to improve the program’s ability to reach students.

“I’ve even sat on his porch and discussed … options to try, and suggestions for me to try,” Waybright said. “He reads through all my materials and … really, that’s the real ‘mentor’ part.”

Waybright, who leads summer study abroad groups to Israel, and is planning an archaeological study in Palestine, said Open Minds has an equally profound impact on his students for its “expanding” collaboration between vastly different experiences.

“You’re putting those two life experiences together: young, 21 … college student along with folks who have this tremendous, albeit challenging, life experience,” Waybright said. “And so the real role – and this is where David has been wonderful – is to learn how to get out of their way.”

Waybright emphasized the importance of allowing the weekly three-hour workshop between university students and Richmond City Justice Center students to unfold.

“You’ve got to get those two groups speaking, discussing, reading each other’s writing together,” he said. “I can’t imagine a higher-impact student engagement.”

While the writer’s workshop is a powerful tool of academic and technical expansion, Coogan said writing alone cannot be credited for reducing recidivism.

“Everybody wants to know what will stop people from this cycle, but the problems are intense.”

He said writing gives people a perspective on problems such as drug addiction, joblessness, poverty and broken family relationships.

“Writing gives you a perspective on how to organize your life and to kind of pivot more gracefully between all the dilemmas that you face, because some of the men that I work with had already decided that they were going to change their lives before they started writing, and writing really gave them the support and the commitment.”

Coogan added that some writers discover they had not lived to their fullest potential during the workshop, where changes occurred during the writing process.

Coogan gestured to a filing cabinet behind his road bike.
“That whole bottom drawer is filled with their handwritten drafts,” he said. “Eventually, I realized that this was more than just a small memoir project.”

Many of their stories are going into his book, “Writing Our Way Out: Memoirs From Jail” which will be published next year. The book follows his own account of teaching the many dozens of men who came through his class, and features many of their stories as well.

Coogan said the intensity of his writers and their commitment overwhelmed him.

“They kept writing throughout 2006 all the way up until 2010. And they recruited new writers into the project. Things sifted out until eventually, the writers you see … stuck with it and kept in contact with me, and we are now ready to publish our book this spring,” Coogan said. “So I was right, I like to think, all those years ago when I said, ‘Some of them have to be as creative and as open minded and as committed as I am to the process of writing.'”

David Coogan authored the 2009 book “Moving Students into Social Movements” and he is co-editor of “The Public Work of Rhetoric: Citizen Scholars and Civic Engagement” which came out in 2010.

Whistle-Blower Protection Advances In Senate

RICHMOND — Whistle-blower protection moved forward this week after a Senate committee voted 36 to 1 in favor of House Bill 728, which would make it illegal to terminate an employee for reasons related to that person’s exposure of waste, fraud or abuse.

“Intimidation and threats are a problem when it comes to quashing the willingness of a public employee to look after the taxpayers,” said Delegate L. Scott Lingamfelter, R-Woodbridge, who introduced three bills on this topic — House Bills 728, 731 and 739. “So I think going forward, my intent is to correct a defect in the law because under current law it’s not clear what a court does when there is a ‘mixed motive’ for the dismissal of an employee.”

The legislation is important to people like Henry Lewis, a former Alexandria architect who won his whistle-blower case against the city last year, after a jury decided his 2011 termination violated the Virginia Fraud Against Taxpayers Act, passed shortly before Lewis lost his job. Lewis is represented by attorney Zachary Kitts, who claims on his website to be the principal architect behind the 2011 amendments to the FATA.

Kitts said he told legislators, including Lingamfelter, he thought the legislation was needed.

“There’s a risk that a defendant can say ’99 percent of the reason that we terminated this person’s employment was because they complained about fraud against the government,’” Kitts said, “but they could say one percent was a lawful reason and they could win the case based on that.”

Lingamfelter repeated Kitts’ assertion that whistle-blowers can be unjustly fired if the person who fired them for exposing fraud also claimed to have legitimate reasons to do so. Moreover, he introduced HB731, which could shift liability onto the agent who illegally terminates a whistle-blower, in addition to the institution itself.

HB731 was defeated twice in the Courts of Justice Senate committee by tie votes that fell, by the majority, along party lines. Different members failed to register votes for each session. However, if the committee had voted on the bill again — and all members voted the same as they did previously — the bill would have passed, making supervisors liable for illegal terminations, in addition to the institutions they represent. On the bill’s final consideration, one member was not present: Sen. Thomas K. Norment, R-Williamsburg. Although Norment favored the bill, the absence of his vote caused its defeat. Norment did not respond to inquiries regarding his absence.

“An abusive supervisor can escape any judgment in a court and it’s the city, town or county that bears the full cost,” Lingamfelter said. “Shouldn’t that supervisor bear some of the wrongdoing, since they’re the one who committed it?”

Director of General Services for the City of Alexandria Jeremy McPike is one such supervisor, according to Lingamfelter. McPike made the recommendation that Lewis be terminated as city architect during construction of a police station. He also ran against Lingamfelter in the 2013 election for a seat in the House.

“This language in this legislation coming from Lingamfelter doesn’t surprise me at all,” McPike said. “He invited a trial attorney to our debate last fall to try to intimidate me. He sat in the front row. It’s petty politics.”

The legislation, as introduced by Lingamfelter, states that a whistle blower may not be discharged, threatened or otherwise discriminated against, “in whole or in part,” for reasons connected to the exposure of fraud, waste or abuse.

“If it were in a township that I was in charge of, (McPike) wouldn’t have his job,” Lingamfelter said, “because I think that anybody who intimidates someone whose greatest sin is they’re just trying to point out taxpayer fraud should not be supervising other people.”

McPike said Richmond is beginning to operate like Washington, D.C.

“It’s legislation driven, frankly, by the trial attorneys again,” McPike said. “Obviously, they’re in cahoots with one another.”

Kitts said one of the bills adds the words “in whole or in part” to the motivation section of the statute.

“Any employee shall be entitled to all relief necessary if that employee is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against,” Kitts said, “’in whole or in part,’ because of lawful acts done by the employee.”

The purpose of existing fraud and abuse law is to “make whole” any person fired in retaliation for exposing fraud. When Lewis won his case against the city under the new law, he was then entitled to recovery in the form either of reinstatement of his job as city architect, or front-pay to match the number of years he could have worked; however, he had to appeal for that money. The city was denied its request for an appeal by the Virginia Supreme Court. Instead, the court heard Lewis’ appeal for owed equities and benefits pay.

At the hearing, the court asked Alexandria City Attorney Jonathan Mook how his city can ignore language in the FATA that says a person fired in retaliation “shall” be compensated for lost wages and benefits.

“How can you ignore the ‘shall’ in the law?” Justice William C. Mims asked. “How can reinstatement or front-pay not be required to make Henry Lewis whole?”

Mook said Lewis is not entitled to back pay because any estimations on how long Lewis might have worked for the city would be speculative, to which Mims responded by asking, “Wouldn’t any estimation be speculative?”

Lingamfelter’s legislation would turn the city’s defense into an argument against itself.

Mook told the court that Lewis was fired for at least two reasons: insubordination, or failing to maintain a harmonious work relationship with co-workers and supervisors; and Lewis’ refusal to sign false invoices at McPike’s request. Therefore, the city’s estimation of how long Lewis might have stayed on differs by at least seven years when compared to what Mook called “abusive” and “punitive” estimations by Lewis and Kitts.

Lingamfelter agrees there is an effort to politicize his whistle-blower legislation.

“I know that people like (Charlottesville Democratic Delegate David) Toscano want to politicize this. I got it. I understand that. That goes on down here all the time,” Lingamfelter said.

Toscano did not respond to requests for comment.

Co-Chairs of the Senate Committee on Courts of Justice Henry L. Marsh, D-Richmond, and A. Donald McEachin, D-Richmond, did not respond to requests for clarifications as to whether the bill would be voted on for a third time early this week.

HB728 awaits the signature of Democratic Gov. Terry McAuliffe. HB739 was left in committee.

This story appeared in The Virginia Free Citizen and Henrico Citizen.