Saturday, November 30, 2013

98 Bucks, Five Hours Waiting, One Broken Nose

Right—it was a standing joke, in those days when I dedicated myself to pounding on tables and throwing pencils at the students (ostensibly, I was teaching English at Wal-Mart).
Supercilious Student: “Are you working Black Friday this year, Marc?”
Marc (too serious): “I most certainly am!”
SS (leaning in and peering into Marc’s face): “Really, Marc!”
Marc: “Not only will I be there, but I will be opening the door!”
SS: “Are you sure?”
Marc: “Nor is that all. I intend to address the crowd. I will emphasize that we Puerto Ricans are a gentle, peaceable, and tranquil people. Therefore, I will ask for a minute of silence, as we ponder the true meaning of Christmas: the amazing and miraculous gift of a son, our savior who is Christ our Lord, sent to mankind….
SS: “Marc? Marc?”
Marc: “Then I’ll announce the rules. People will enter our stores in groups of five, at two-minute intervals. No running, no pushing, no fighting. Ladies and the elderly first, as well as the handicapped.
And so it would go—the students would ask what store I’d be at, and routinely I’d say either Bayamón or Carolina: it was a toss-up which store was the worst. But I would hear the stories—the fights in the store over televisions, people jumping over the góndolas (the retail term for the set of shelves that the merchandise is placed on), front doors being broken, people falling in the rush to get in, and having other people jump over them. In short, it was madness.
Nor is it unique to Puerto Rico—I spent yesterday reading reports of the same madness in New Jersey and Florida. And in fact it was in New York, several years ago, that a security guard actually lost his life during the melee in the store.
Well, of course I never went to the store—either to work or to shop. In fact, I used to point out to detractors of Wal-Mart that they should actually be glad I was working there; I was taking their money but not spending it in their stores. And so my students would drag themselves in, exhausted still from Black Friday, and I would have had a restful four days. Time for Act II:
SS: “Did we see you there in Bayamón on Friday morning, Marc?”
Marc (pounding table and pointing his index finger upward, like a medieval saint): I WAS THERE! I personally took charge of the crowd, addressing the shoppers variously in English, Spanish and French. I thanked them for honoring us with their presence and patronage, and that it was a privilege to serve them in any way. It was a most orderly morning, and the shoppers unanimously thanked me at the end for a truly enjoyable shopping experience. Several of them have written me little notes of gratitude….
Well, the trick was to claim to have gone to the furthest Wal-Mart on the island—the Wal-Mart that absolutely nobody from the metro area would go to. So I claimed, for many years, that I had gone to Wal-Mart Mayagüez, and that the shoppers of that western city were by now well accustomed to well-bred, genteel shopping. I went so far as to say that people were saying things like: “Well, yes, I had thought about buying a television, but if you’d like it—please, be my guest.” Accompanied, of course, by a grave little nod of the head and a quiet bow. Oh, and that they were stopping at the entrance of the store and insisting that others enter first.
That said, I’m sorry to say that things have deteriorated a great deal since my years there—and you can see it yourself in the video below. And this was hardly an isolated case: Huffington Post’s headline says it all:
Walmart's Black Friday Going About As Badly As You'd Expect
Well, this year’s revolú was all about a 32-inch television going for just 98 bucks at Wal-Mart, as The New Day explains below:
Adames, [sic.] aseguró que próximamente evaluará la disposición que regula las llamadas "ventas excepcionales", al hacer referencia a que la mayoría de las quejas que recibió y las de incidentes de violentos fueron de situaciones ligadas a consumidores que buscaban un televisor de 32 pulgadas que Walmart vendía en precio regular de $98.
Al ser un artículo vendido a precio "regular", los consumidores no podían pedir un vale ("rain check") o un artículo sustituto. El titular de DACO dijo que buscará la manera de que los comercios expongan la diferencia de forma más clara para evitar problemas.
What was the problem? Well, Wal-Mart was saying that the TV was being sold at the “regular” price of 98 bucks. And given that, the customers had no right to get a rain check when the merchandise ran out.
Yeah? I have just gone on to Google, and yes, the 98-dollar TV at Wal-Mart is all over the Internet. But if you go to Wal-Mart.com? Click on the 30-39 inch size, and you’ll see that prices start at $179. So what gives?
At any rate, our department of consumer affairs issued 49 citations to Kmart, Wal-Mart, CVS and assorted others. Oh, and 50 social workers inspected the lines, and told parents to take their kids home, or find someone to come get them. Most people complied, except for two—curiously, from Mayagüez.
I’m lucky—I don’t have a job, but I don’t have kids. And so I can choose—do I want to celebrate Christmas? If so, do I want to spend money or not? The answer is usually “not,” but that’s not an option for a lot of people.
Personal responsibility—say some people. “If you decided to have children, then you should have figured out how you were going to pay for them….”
Guess so. But I wonder—one of the women in Mayagüez got into a fight with a guy, who slugged her and broke her nose. And she had been waiting for six or seven hours for that 98-dollar TV.
Have we all gone crazy?


Wednesday, November 27, 2013

Vasallo Dreams Up a Canal

Good news—the city has a terrific museum. And why not, since the founder, Luis A. Ferré, was, in addition to being governor, a seriously rich guy. How rich? Well, he owned the factory that produced all the island’s cement at the time. (Critics suggest that his intrusion into politics was to further the law that required all cement to be locally produced—is there anyone left with faith in the basic goodness of man?).
So Ferré went running around collecting Pre-Raphaelites, which at the time were both around and cheap, relatively. Consequently, the city of Ponce, Puerto Rico, has one or two of the best collections of Pre-Raphaelites in the world. Want to see this picture?

Head to Ponce!
What doesn’t Ponce have? Well, despite two seriously large cranes, and despite ten years of dithering, it doesn’t have the super port that the late mayor proposed for it. And why not? It wasn’t lack of money—we’ve already spent a quarter of a billion on it. Nor was it lack of potential: we had the infrastructure, the ties to the US mainland, the engineers to do the job. In fact, ten years ago we were in a good position to capture a developing market. Now? Here’s Caribbean Business on the subject last year:
"At that time, all the horses were at the starting gate. Now, all the other horses have finished the race. Our neighboring islands expanded their facilities, signed agreements with global operators and are fully functional while we never got out of the gate," Lewis said.
What happened?
Well, I could look it up and tell you all the various issues and controversies that cropped up, but why bother? In a nutshell, it was business as usual, which in Puerto Rico means politics. And so when the governor was of one party, the mayor of Ponce was of the other party. And on those rare occasions when the mayor and the governor were of the same party? Well, then they only had four years—insufficient time to reverse all of the progress that had been made—if any,—revoke the contracts to the former governor’s friends, fight the legal challenges that ensued, and re-award the contracts to the preferred companies / cronies / friends. All of this takes time, you see.
Time which the Dominican Republic used well, since they now have a super port and cheap labor, whereas Puerto Rico? No super port, expensive labor.
Happily, while Ponce may have blown—or had it blown—their shot at a super port, they are not without resources. As proof, Inquiring Reader, I bring you this….


OK—here’s what you need to know about Ponce: it’s fiercely hot and just as dry. In fact, there is a certain point in crossing over the central mountain range when I will unconsciously start to sing Copland’s Rodeo—because at any moment you think that Agnes de Mille is going to send her dancers out. Oh, and the mountains spontaneously burn during dry season, which lasts nine months.
It’s perhaps the fact that he has never seen a river that accounts for the desire of a legislator from Ponce, Víctor Vassallo, to convert this “body” of water into the Panama Canal. Because where you and I might see a ditch, what does Vassallo see? Let The New Day tell the story:
Vassallo está convencido que su proyecto es viable y sueña con la idea de que Ponce tenga una obra que opere con un sistema de compuertas o esclusas con ingeniería de la utilizada en el Canal de Panamá. Otro que confía en la viabilidad del proyecto es el presidente de la Comisión de Desarrollo de la Industria Turística, Ángel Matos García, quien desconocía el costo total del proyecto. Indicó que “en su primera etapa no veo (que la inversión sea) mayor a $2 millones”.
Loosely, “Vassallo is convinced that his project is viable and dreams of the idea that Ponce have a work that operates on a system of compartments and locks with engineering like that used in the Panama Canal. Another who believes in the viability of the project is the president of the Commission for the Development of the Tourism Industry, Ángel Matos-García, who was unaware of the total cost of the project. He indicated that, “in the first stage, I don’t see that the investment would be greater than two million.”
Vassallo sees the canal as having twin benefits. First, it would be an excellent form of transit, and who hasn’t suffered through a Ponce traffic jam? Second, it would be a terrific tourist attraction—who wouldn’t want to come and see the canal, the locks, the boats floating gently through the arid landscape?
The predictable scoffers are sniffing, of course. There’s the fact that not one of Puerto Rico’s rivers is navigable. There’ also the fact that the US government has stuck in 375 million bucks to build a dam on the river four miles north of the city. Why? Because when the weather isn’t being fiercely hot and dry, it’s being torrential. So what happens? The ditch that you saw above overflows, carrying off cars, cows and the occasional child.
Despite all these obstacles, what’s happened to Vassallo’s proposal? Well, even despite all the objections and difficulties, guess what? Our legislators have agreed to study the matter.
Oh, and the water level in the Río Portugués yesterday?
Two inches!

Sunday, November 24, 2013

669 Worlds

Sir Nicholas Winton pooh-poohs the idea, which is hardly surprising. If any nation could pooh-pooh, shouldn’t it be the British?
So Winton really thinks the credit should go to Trevor Chadwick or Martin Blake or the Dutchwoman Gertruida Wijsmuller-Meier, and there may be something in that. Winton, after all, only spent three weeks in Prague, sitting at a dining room table in his hotel room overlooking Wenceslas Square, and interviewing the (mostly) Jewish parents who were desperate to get their children out of Czechoslovakia. Hitler had been given the Sudetenland, and everybody with a brain knew—he wouldn’t stop there.
And there were other organizations getting German and Austrian kids out to safety—it was called the Kindertransport, and the British had raised half a million pounds for the effort. But in Czechoslovakia? Nothing.
So Martin Blake called on Nicholas Winton, a 28-year old London stockbroker, to cancel his ski vacation in Switzerland, and come to Prague instead. There, he found families not just from Prague but from Slovenia; so desperate were they to flee, they were living in camps, hoping to arrange transport out.
In fact, the list would grow to 5,000 children, and there were the predictable problems. First, what governments would take them? After Kristallnacht, the two-night pogrom in November of 1938 in which Jewish stores and synagogues were torched, the British and Swedish governments opened their doors to people under eighteen. The rest of the world, including the United States? Cold shoulder.
Money—kids had to have 50 pounds on deposit to assure repatriation. And 50 pounds then was the equivalent of about 3500 dollars today. Many of the parents were refugees living in camps; they barely had enough money for a meal.
So Trevor Chadwick took note and was told—nobody is doing anything, have a go at it. He opened an office, word spread, and hundreds of parents were outside on the street, desperate to hand over their child to a stranger. And the account of Chadwick by one author is fascinating; here’s Dorit Bader Whiteman:
He certainly was a superman.  Tall, handsome and with striking Nordic look… At the time, though, it seemed as if Trevor Chadwick had singlehandedly killed the dragon and was wafting me away. I was accepted at once…. My stout little mother planted herself firmly in front of Chadwick, addressing a speech of thanks to his navel (he being much taller than she). She liked to air her English, and I suspect she thanked him from the bottom of her heart. Trevor Chadwick shuffled his feet.
Later, Bader Whiteman wrote that the prevailing feeling on the trains going out to Holland, where they would ferry to England, was not sorrow but excitement. The parents had gone and spent their last money—in many cases—on new clothes. And they had told the children—we’ll join you soon, maybe in weeks, perhaps in months. But what a wonderful time you’ll have in England.
England, where Winton had returned, and where he resumed his day job as a stockbroker. But in the evenings and into the night, he was arranging for foster parents, putting photos of children everywhere he could think of, begging newspapers to donate advertising, and lastly, dealing with the paperwork. Not altogether uncreatively; here’s his comment:
"Officials at the Home Office worked very slowly with the entry visas. We went to them urgently asking for permits, only to be told languidly, 'Why rush, old boy? Nothing will happen in Europe.' This was a few months before the war broke out. So we forged the Home Office entry permits."  
Seven “shipments” of children were sent, the eighth was to leave on 1 September 1939—the day broke out, and Hitler invaded Poland. Here’s the account:
"Within hours of the announcement, the train disappeared. None of the 250 children aboard was seen again. We had 250 families waiting at Liverpool Street that day in vain. If the train had been a day earlier, it would have come through. Not a single one of those children was heard of again, which is an awful feeling."
An awful feeling, yes—but there is the consolation that 669 children were saved—thanks to the efforts of Chadwick, Winton, Blake and others. In fact, one child stated that the men are responsible for the survival of a generation of Czech Jews, since almost no one else survived the camps.
Winton joined the air force, and fought for five years. Then, he came home, put his diary of the efforts to save the children in his attic, and never mentioned it to anyone, including his wife. It was she, in fact, who found the diary, and learned of the story.
Winton wears a ring with a quote from the Talmud: save one life, save the world.
Winton saved 669 worlds.



Saturday, November 23, 2013

Why, Lord, do you treat me thus?

Seen out of context, it seems like exactly the justification of all those people who argue that opera is phony, stylized, artificial. Seen in context? It was a knockout.
Maybe it was because I had spent the last three days opening doors every fifteen minutes or so to workmen who had, it seemed, invaded my space and trashed my tranquility. True, they were doing what I wanted, and what I was unwilling to do. Because among the experiences that I don’t need to have my life fulfilled is rappelling 20 twenty feet down the side of my patio under a hot tropical sun to plaster a large area on the side of the wall. So why was I complaining?
Well, there was the power washer, which has for adult men, apparently, all the allure and charm of a car for teenage boys. A spot of mold appears on some surface in your home? Any red-blooded American man will be running for the pressure washer.
The problem was the noise—well, for me at least. Granted, it was infinitesimally quieter than a jet engine, but not by much. And it went on for hours.
Or maybe it was the habit of workmen appearing suddenly in view, as I looked up in the study where I was trying to write. The door was closed, I had let no one in; how did they get there? Well, it turns out that you can rappel down, but rappelling up is a more taxing affair. So they rappelled halfway down the building, did some plastering, and rappelled down to the window and hopped in. Right—so I would get up and let them out. (Why not keep the door open? A four-letter word: cats….)
Or it could have been dealing with the excitable Spaniard who owns the first floor. We generally get along, but he requires—no, I require—coffee before the encounter. And so when he arrived shortly before seven in the morning, I was unarmed. And then cross. In addition, he shares a peculiarly Puerto Rican trait: a dislike verging on hate of vegetation.
Who can explain it? For every Puerto Rican who loves plants and trees, there are two at least who much prefer concrete. And so García, to give the gentleman his name, took a look at the jungle that is the patio and instantly salivated for a machete. So every second sentence included a reference to the day when all of those plants would be gone. This, of course, didn’t sit well with Mr. Fernández, who would much prefer to tackle the situation with other implements—perhaps tweezers and embroidery scissors.
They were good guys, generally, and they cleaned up after themselves, but guess what? Walking barefoot through the gallery is like walking on the beach—not surprising, given the amount of grit, sand, concrete and dust they generated.
And they came on time, except for two days. Then they didn’t. But they did respond to García’s clarion call; who doesn’t?
So I was ready for last night, when they were rebroadcasting Tosca, the famous opera by Puccini. And here, for those who may not know what in the world this woman is acting so crazy for, is a short synopsis of the plot.
Tosca is a singer, in love with a young painter and revolutionary named Cavaradossi. While painting in a church, he encounters another revolutionary, who has escaped from prison. The hounds will be after him, so Cavaradossi agrees to give him shelter.
Enter one of opera’s most sadistic creatures: Scarpia, the police chief, who tracks down the revolutionary at Cavaradossi’s house. Or rather, he doesn’t, but he smells something fishy. So what to do? Easy, subject Cavaradossi to torture; Tosca is permitted to hear the gruesome business being done off stage. And so for a whole act, Scarpia is playing a deadly mind game with Tosca. And how can she stop the torture of her lover? Old story, sweetheart—put out.
She tries to move him, and sings Visi d’arte, the aria below.
Well, it didn’t work on Scarpia, except for perhaps making him more determined in his lechery. But me?
Got it completely….
I lived for art, I lived for love,

I never did harm to a living soul!

With a secret hand
I relieved as many misfortunes as I knew of.

Ever in true faith

My prayer
Rose to the holy shrines.

Ever in true faith
I gave flowers to the altar.

In the hour of grief

Why, why, Lord,

Why do you reward me thus?

I gave jewels for the Madonna's mantle,

And songs for the stars, in heaven,

That shone forth with greater radiance.

In the hour of grief

Why, why, Lord,

Ah, why do you reward me thus?


Friday, November 22, 2013

Medical Sadism

I read it and immediately thought of Thomas Moore. No, not the Irish poet who wrote the lyrics to the Minstrel Boy, and not Thomas More, Catholic martyr and saint. No, the American author of Care of the Soul, who, coincidentally, spent several years of his life in a seminary, with a view to becoming a priest.
Care of the Soul was followed by a number of other very good books; a little known and early book was entitled Dark Eros, and it focused on the nature of sadism. And one its theses is that there is a dark side to many of the professions that are ostensibly filled with light.
Teaching is one—a good teacher is going to have to say things like this:
This work is shoddy. You have not done enough research, you have not buttressed your arguments, you have failed to provide footnotes for material that you quoted. Take it back and bring it to me next Friday, or you’ll get an F in the course.
It’s not pretty, of course, but it’s necessary. In religion, too, there is sadism. Remember the story of the monk who was combatting acedia, the noonday demon of sloth and spiritual laziness? He goes to his cell at night and discovers a demon in his room, and runs to his advisor. The monk refuses to help him, and orders him to his bed.
There’s a dark side to medicine as well. I recently read a list of the ten most psychopathic professions, and guess—beyond of course CEOs—who made the list? Surgeons. Regular doctors score on the 10 most caring list; the guy who is willing to take an electric saw and attack your cranium had better be a psychopath.
Moore’s point—if I understood it—is that there is a shadow, much as Jung argued. And that it is better to know it, meet it, understand it, and learn when and how to use it than to deny it, fear it, negate it, and ultimately be consumed by it.
(It’s true, by the way, on a national level as well. Wouldn’t it have been better if we had just said, “hey, we want their oil!” and invaded wherever we wanted? Couldn’t we at least have had a debate about that, instead of the “weapons of mass destruction?” As it is, there’s a great bumper sticker in the Middle East that reads: “Give Us Your Oil or We’ll Bring You Democracy!” With the stars and stripes on either side!)
And so I read the attachment to the email from an ethicist whom I have never met who was meeting with a woman, also whom I have never met. I have spoken with her, however, over the phone, and she related the story of her husband that was essentially similar to my mother’s. Her husband, like my mother, had or might have had Alzheimer’s. Both decided to stop drinking and eating until they died (medically termed VSED—Voluntarily Stopping Eating and Drinking). The difference? My mother had the care of an extraordinary group of hospice nurses / physical therapists / social workers—an amazing team. Jane’s husband was refused service from hospice; now, some months after his death, she wants to know why. And so she met with Dick (as you will have guessed, Dick and Jane are not their real names…) the ethicist for the hospice, to see where the ball got dropped.
Dick in turn wrote to me, and I take the liberty of quoting from his email: 
We are attempting to address two questions. Does a person suffering with Alzheimer's but without a less than 6 month prognosis qualify as a hospice candidate solely on the grounds that he or she wishes to utilize VSED to bring their life to a close? The other question is whether or not a person who utilizes VSED and, when the person reaches a point where hospice or palliative care would be an option, qualify for hospice care?
Jane's husband did not qualify because he did not have a less than 6 month prognosis nor was his disease a 7 or above of the FAST Scale (I attached it for your information). If he had had either a less than 6 month prognosis or a greater than 7a FAST Scale score, he would have been accepted to hospice.
In addition, because he did not have a less than 6-month prognosis, he did not qualify for the provisions of the Washington State Death with Dignity Act.
I have friends with degenerative neurological diseases such as Parkinson's and Huntington's and I can very well understand and appreciate the desire to control the timing of one's death. I also know that many in the healthcare field are grappling with what is sometimes termed as "rational suicide" or "pre-emptive suicide." I heard a presentation on this at an ethics convention in Atlanta a couple weeks ago.  
As you know, Jane is a strong advocate for VSED. I can appreciate and respect her passion. That said, I have concerns. How do we, as a society, insure that the vulnerable are protected from undue coercion to hasten the end of their lives? Should hospice become the place where those suffering with degenerative neurological disease come to end their life via VSED? If it is, what are the guidelines to be? If it isn't, where is the appropriate place?
I have no answers, a few concerns, and questions about how we prepare for an ever increasing population of folks with these diseases.
That's enough for now.
I look forward to your thoughts and comments.
Clearly a sincere and honest guy. But how to respond?
Well, in my mother’s case, she had had an advanced health care directive (“living will”) for a decade and a half; in that document she had written something like, “if euthanasia—which I would much prefer—is not available when I am no longer able to live a life of dignity, I direct my health agent to withhold food and fluids until I die.”
As it happened, she didn’t need her health agent—read “Marc”—she told it directly to the doctor, whose own mother had done exactly the same thing. And I and my eldest brother were with her, and we were both sobbing. The doctor handed me the Kleenex, told me, “I’ve been in that chair many times,” and ordered hospice care. Why? Because if my mother did indeed stop drinking and eating, she was definitely within six months of her death. And that was and is the standard definition of hospice care.
That made sense to me. Curiously, no one else questioned the logic either, though all of the hospice people said they had never seen it done. “I’ve seen people stop eating and drinking because of a terminal disease—cancer or Huntington’s—but never in essentially good health.”
(I should state that my mother was 89, had severe macular degeneration, limited mobility, and acute deafness. She had been a fine poet and could no longer write or read. How much rice does the Chinaman have to eat?)
Of all of the people who have heard the story of my mother’s death, only four have expressed disapproval. On what grounds? Religious: only God can take a life. Obviously, I’m not a theologian, and cannot address this question. My mother, however, was an atheist—was she to be denied help because of someone else’s religious views? If so, were any public funds being given to that organization? Any Medicare reimbursement, perhaps?
In their book—which I read in the month before my mother’s death, so my memory is shaky (it was not an easy time)—To Die Well, authors Sidney Wanzer and Joseph Glenmullen argue that most if not all of the major religions are comfortable with a person choosing to stop eating and drinking, and that it is not considered suicide. I think this is Jesuitry, but I also don’t care. The point is that it was her body, her decision, and if that’s what she wanted to do, I supported it.
That last sentence, to me, is key to the whole affair. But what was this mention of a FAST rating? And why, having been a nurse for many years, had I not heard of it? What had the boys cooked up now? I give you the attached FAST scale here:
FAST Scale (Functional Assessment Stage)
Stage                                       Characteristics
1.
Normal Aging.  No difficulties, either subjectively or objectively
2.
Possible Mild Cognitive Impairment; complains of forgetting locations of objects.  Subjective word finding difficulties
3
Mild Cognitive Impairment: decreased job functioning evident to co-workers; difficulty in traveling to new locations; decreased organizational capacity.
4.
Mild Dementia: decreased ability to perform complex tasks (e.g., planning dinner for guests); handling personal finances (forgetting to pay bills); difficulty marketing, etc.
5.
Moderate Dementia: requires assistance tin choosing proper clothing to wear for the day, season, or occasion.
6.
Moderately Severe Dementia
6a
Difficulty putting clothing on properly without assistance
6b
Unable to bathe properly, (e.g., difficulty adjusting bath water temperature) occasionally or more frequently over the past weeks
6c
Inability to handle mechanics of toileting (e.g., forgetting to flush, does not wipe properly or properly dispose of toilet tissue) occasionally or more frequently over the past weeks
6d
Urinary incontinence, occasional or more frequent
6e
Fecal incontinence, occasional or more frequently over the past week
7
Severe Dementia
7a
Ability to speak limited to about half a dozen words in an average day
7b
Intelligible vocabulary limited to a single word in an average day
7c
Non-ambulatory (unable to walk without assistance / non-purposeful ambulation)
7d
Unable to sit up independently
7e
Unable to smile
7f
Unable to hold head up
Another facet of sadism is to label people, and we did it frequently in those days when I worked as a nurse. “We got an MI coming in!” somebody would shout in the emergency room—and we understood, myocardial infarction. But our MI was somebody’s husband of 50 years, three kids’ father, 8 grandchildren’s…you get the picture.
And so I scanned the list above and realized: my mother or Jane’s husband would have had to be unable to bathe, put on clothes, and shit and piss in their pants? Oh, and only be able to speak half a dozen words in a single day—this (at least in the case of my mother) from a woman who could quote reams of Shakespeare—before anyone in the medical profession could put her out of her misery?
“BASTARDS!” I exploded. And got up and raged around the house. Because even though it’s been three years, those days of scrambling to find a way out for my mother, of fighting the medical system, of fighting my own brother who refused to let her kill herself in any other way—those were days of terror. Those were days when the level of desperation had risen or sunk—don’t know which—to the point where I would have taken a gun and shot my mother, as my father would have shot an old, suffering dog in his North Dakota Great Depression youth. Those were days when the idea of seeing my rotting mother sitting in a shit-filled diaper with drool hanging down her mouth in a wheelchair looking aimlessly at me in some nursing home, where cheerful aides out of high school are calling her “Fran” (she hated that) and tying her hands because she’s trying to get out of the wheelchair….
Dick, the ethicist, isn’t a bastard, of course. But I think the medical system is going to have to get to the point—finally, after so many years—of realizing a simple point.
“Who’s in charge of patient care,” a doctor once asked me in an interview. I knew what he wanted—I was coming across as an uppity nurse.
“The patient,” I said.
Wasn’t the response he expected, but he had the grace to admit I was right (I also didn’t get the job….)
My mother’s doctor made it clear—she would do this for an 89-year old, frail, blind, deaf woman confronting Alzheimer’s. But a sixteen-year old, upset because she had broken up with the only guy she would ever, ever, EVER love? No way.
Usually, like Dick, I have more questions than answers. But not today. Copy and paste from the email: “Should hospice become the place where those suffering with degenerative neurological disease come to end their life via VSED?”
Yes.
Dammit!

Thursday, November 21, 2013

Two Cops, Two Communities

Seems reasonable, doesn’t it? If you want to sing in the state capitol in Madison, Wisconsin, at noon…well, just get a permit. That’s been the rule for 33 years, and it’s still the rule. So the new state capitol police chief is just trying to enforce the rules.
And the number four—as in four people together in the capitol rotunda constitute an unlawful assembly, and are subject to ticketing or arrest? Well, that’s just a convenient number to assure adequate police staffing, since for every four people he’ll need twelve cops.
And this isn’t about free speech or the First Amendment—it’s simply about following the rules and the procedures. He—David Erwin—doesn’t make the law; his job is to enforce it. And there are people complaining—they can’t work, they can’t hear the phones, they can’t do business.
But they wouldn’t listen to reason, would they? They had to keep gathering illegally, singing during lunch hour, refusing to vacate—so what choice did the police chief have? He put handcuffs on ‘em, and dragged them away.
And yes, he’s sorry that he called the protestors terrorists, though he didn’t, really. He actually said that some of them were terrorizing people, like the protestor who sang a song making reference to a policeman whose father had recently passed away. That’s pretty hard to take.
My dad was a journalist, which is why I include the clip below of David Erwin speaking to a Milwaukee TV anchor. And sitting quietly in his chair, far from the action, it all seemed reasonable. But then I remembered how it played out. Here is what happened to Damon Terrell, who wasn’t even participating but was simply observing:


The story for Terrell worked out well: in early September of this year, Dane County District Attorney Ismael Ozanne said he wasn’t going to press charges against Terrell. But what about the thugs in uniform? Are they getting off free?
Yes and no. In the interview, Erwin states that if people don’t like the rules, go and change ‘em, or try to. And people did. A young assistant professor of medical physics, Michael Kissick, who had been protesting in the capitol, no longer felt it was safe to do so. But it bugged him to be silenced, and so he went to the ACLU. And in April of this year, the ACLU slapped a lawsuit in federal court against the Department of Administration, in charge of the state capitol, stating that requiring citizens to obtain a permit was limiting free speech under the First Amendment.
Here’s part of what Kissick said:
I stopped protesting inside the Capitol at that time because of police behavior. Officers whom I once trusted to explain how I could exercise my First Amendment rights without being cited or arrested suddenly turned on everyone who was protesting. Suddenly, the police wouldn’t answer my questions – they looked right through me, in fact, after a year and a half of very good relations. They were randomly citing peaceful protesters, claiming that they were violating rules and regulations that were constantly changing. They provided a phone number to call if we had questions, but nobody I know who called the number ever received a response. I lost trust in the police completely. Protesting inside the Capitol became unsafe for me.
Time for the backstory. One of the interesting facets of the Wisconsin protests of 2011 was the extraordinary relationship that the capitol police had with the protestors. Why? It came down to—as it curiously often does—one man, the leader and the chief of the Capitol Police. Also curiously, I wrote “leader” without thinking in the sentence above, briefly pondered whether to delete, and decided no. Because the chief of police at that time was a guy named Charles Tubbs; here’s the Wisconsin State Journal’s backstory on him.
The danger of getting in trouble with the law is something Tubbs, 57, saw firsthand growing up in a tough neighborhood in Beloit. Several of the children he grew up with are either incarcerated or dead from drugs or violence. His two older brothers ended up in jail, he said. Both were eventually freed but died as a result of violence more than a decade ago.
So Tubbs turned to religion and sports, went on to become a cop in the Beloit Police Department for 30 years. He made his way up to Deputy Chief of the department and resigned after 30 years; in 2008 Governor Jim Doyle named him chief of the Capitol Police.
And Tubbs had been influenced by a remarkable cop, David Couper, who had been the Chief of Police in Madison during the tumultuous protests in Madison during the Vietnam War. And what had Couper done?
Couper was all about dialogue, protecting free speech, getting close to people and creating relationships. All of a sudden, cops were going into crowds, talking to people, explaining the rules, asking for cooperation, and pledging to protect.
Tubbs, in turn, talked to union officials on February 12, 2011, the day after Wisconsin governor Scott Walker said he was gutting the state unions. And he kept up that level of communication all throughout the protests in the state capitol, in which tens of thousands of people were protesting. His goal? Zero arrests, and remarkably, he achieved it.
Not, according to Sue Riseling, the Chief of Police for the University of Wisconsin-Madison, without considerable difficulty. Riseling, in her book A View from the Interior, praises Tubbs for “incredible grace under pressure;” she also felt that he was too close to the unions. And there were other frictions as well among the top cops (Madison Police were also involved) involved in what was an explosive situation. How can it not have been? Riseling says it all when she writes: "What can the police do with such a divided community?" Riseling said, asking the question she's still considering.
Time for the passive voice: mistakes were made, tempers were lost, briefcases were slammed on desks….
My view? It was a triumph of policing. Other view? Tubbs didn’t understand his job, which was to keep order in the building.
And Tubbs, understandably, didn’t want to go through round two, which he knew was coming with the recall election. So he quit. Can you blame him?
Walker, of course, was less than heartbroken, though his spokeswoman murmured words of praise and gratitude for his efforts during a distinctly difficult time. And Walker lost no time in putting his guy, David Erwin. Here’s how he did it, according to the Milwaukee Journal Sentinel:
Gov. Scott Walker's administration rewarded the new hardline Capitol Police chief and his top deputy with double-digit pay raises earlier this year after moving the pair on paper to phantom jobs for two weeks and then back to their real posts.
Chief Dave Erwin — who has overseen a crackdown on Walker protesters at the statehouse — received an overall salary hike of 11.7%, to $111,067 a year, the same rate as his predecessor. That amounts to an $11,680 annual raise.
It is, according to Peter Fox, who was the employee relations secretary under Republican governor Tommy Thompson, legal; he also says he doesn’t like it.
Neither do I.
Well, as you saw in the video above, the Capitol Police did become “hardline.” But what happened to the federal lawsuit against them, filed by the ACLU on behalf of Michael Kissick? Read on:
The Department of Administration and the ACLU of Wisconsin Foundation have signed a settlement on a federal lawsuit involving permitting requirements for state Capitol protests. Under the settlement, announced Tuesday, groups like the Solidarity Sing Along will need to give notice, rather than obtain a permit, to gather at the Capitol. Nevertheless, the parties are still clashing over the interpretation, if not the terms, of the agreement.
The Department of Administration, the defendant in the suit, says the settlement recognizes that the state's permitting process is "constitutional."
"The permit process has been repeatedly upheld as constitutional by the courts, and today's settlement demonstrates ACLU's agreement with the process as well," said Mike Huebsch, secretary of the DOA, in a news release.
But Larry Dupuis, legal director of the ACLU of Wisconsin, calls that claim "bizarre."
"It's pretty astonishing, because it's nowhere in the agreement," says Dupuis. "They tried to get it in the agreement and we said absolutely not."
At last we come to the point. Here’s what the Madison paper Isthmus had to say two days ago:
Capitol protesters are no longer just contesting the tickets they've received for participating in the Solidarity Sing Along. They're filing their own complaints against the Capitol Police officers who wrote the tickets.
On Tuesday, Bob Syring and Jerry McDonough filed some 15,000 complaints with the Capitol Police, alleging officers engaged in harassment and other misconduct in issuing about 250 citations to protesters between July 24, 2013, and Sept. 6.
"I hope this gives them pause to think what they did was wrong," says McDonough.
Syring says they are filing many complaints from third parties -- that is, complainants who did not necessarily witness the arrest but are "aware of what has gone on." 
 Yeah? Third party complaints from people who did not witness the arrest but are “aware of what has gone on?”
Let’s make it 15,001!