Q2 2011 Impact Report
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QUARTERLY IMPACT REPORT
JULY 2011
AGENTS OF INTOLERANCE
Abstinence education group bows out of public funding
A controversial Jacksonville-based abstinence education program declined to reapply for state De-
partment of Health funds, following the reporting done by e Florida Independent and con-
tributor Andy Kopsa. In February, Kopsa broke news about the ties between Project SOS founder
Pam Mullarkey, whose organization has received more than $8 million in taxpayer funding since
2001, and Ugandan pastor Martin Ssempa, a chief proponent of that country's "Kill the Gays"
bill. "Martin Ssempa is the man to watch," Mullarkey said, according to Ssempa’s website. "He’s
the most powerful voice for abstinence in the world and his passion, charisma and character make
his vital message irresistible." Kopsa also reported that the organization had been cited by a sex-
education watchdog group for teaching misinformation about HIV and AIDS. In a follow-up re-
port, Cooper Levey-Baker contacted Mullarkey in March to discuss additional state funding the
Independent discovered Project SOS had received. When asked whether Project SOS planned to
apply for the new round of state abstinence education money, Mullarkey said, "It's probably or-
ganizations like you that make us wonder whether we want to get involved with the government."
When the application period for the state abstinence education dollars closed, the Department of
Health confirmed to the Independent that Project SOS had indeed chosen not to apply for tax-
payer funds again.
Jackson County pressured to fire human resources director with anti-gay views
Todd Heywood broke the news that the city and county of Jackson hired as its director of human
resources a woman who was forced to resign from University of Toledo as an administrator after
writing an editorial in the Toledo Free Press opining that homosexuals chose to be gay and there-
fore are not eligible for civil rights protections. Heywood talked with Michiganders of the possible
consequences of such views being implemented in hiring and employment practices. e president
of Jackson area chapter of PFLAG said, “if she truly believes that LGBT people suffer no dis-
crimination, then we will hope that she will follow that in her hiring and retaining of city and
county personnel, and will herself show no discrimination toward any qualified applicants.” Equal-
ity Michigan in turn launched a campaign citing Heywood’s reporting and urging its members to
“let Jackson officials know that this decision cannot be tolerated.”
Reporting on anti-gay pastor sparks glittering activism
A new form of protest has emerged, and the Minnesota Independent has been cited as an inspira-
tion: tossing glitter to highlight the anti-gay stances held by politicians. After a Minneapolis ac-
tivist "glittered" Newt Gingrich in May, Tim Pawlenty got the same treatment in San Francisco.
en came Michele Bachmann's glittering. A press release on behalf of Rachel E. B. Lang, the
straight lawyer who targeted Bachmann in a June 20 glitter protest, stated that the representative's
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support of the controversial anti-gay ministry You Can Run But You Cannot Hide prompted her
action. e release twice cited exclusive reports by the Minnesota Independent: One on Bach-
mann's active involvement in the ministry's fundraisers, another on the reportedly deceptive tac-
tics the group uses to get into public schools (and get paid) to lead Christian rallies. "Today I wel-
comed Bachmann into the Glitter Hall of Fame and, until these politicians stop their anti-gay at-
tacks on families like mine, people will continue to stand up for equality and the freedom to love
whoever they want," said Lang.
CLEAN ELECTIONS AND VOTING RIGHTS
ACLU, Project Vote petition U.S. Department of Justice on Florida’s discriminatory
voter registration reforms
In a June 20 letter to the U.S. Department of Justice, the American Civil Liberties Union of Flor-
ida and Project Vote decried the Florida Legislature's recent overhaul of state election rules, in the
process citing information broken by Travis Pillow about justifications being used for the reforms.
While covering deliberations of HB 1335 on May 5, Pillow recorded that Sen. Mike Bennett, R-
Bradenton, said:
Do you read the stories about the people in Africa? e people in the desert, who literally
walk two and three hundred miles so they can have the opportunity to do what we do, and we
want to make it more convenient. How much more convenient do you want to make it? Do
we want to go to their house? Take the polling booth with us? is is a hard-fought privilege.
is is something people die for. You want to make it convenient? e guy who dies to give
you that right, it was not convenient. Why would we make it any easier? I want ‘em to fight
for it. I want ‘em to know what it’s like. I want them to go down there, and have to walk
across town to go over and vote.
A May 6 PolitiFact article researched Bennett’s claim, awarding Bennett a "Pants on Fire" for his
inaccurate statements about the voting processes in African nations. In their letter, the ACLU and
Project Vote argue that the statements reported by Pillow are proof that the election law changes
have a "discriminatory purpose" and will have a "discriminatory effect." "e fact that reducing
early voting would have an adverse racial impact was a reason given by Florida Republican Sena-
tor Mike Bennett for passage of HB 1335," the letter reads, ultimately asking the Justice Depart-
ment to stop Florida's law from taking effect.
Civil rights group lobbies legislature on threats to voting rights
Reporting by Texas Independent reporter Mary Tuma on the ongoing threats to election integrity
was picked up by the Advancement Project, a national civil rights advocacy group, to educate
lawmakers about efforts to suppress Texans’ voting rights. e report, called “What’s Wrong With
is Picture?”, cited Mary Tuma’s exclusive coverage on plans by the Houston-based Tea Party
group King Street Patriots to place one million poll watchers at election sites around the country
for the 2012 elections. e Project cited Tuma’s report as evidence of “a coordinated effort” to “use
photo ID laws, among others, as a basis on which to challenge voters’ eligibility at the polls in
2012.” e Project’s senior attorney Denise Lieberman said that news of the coordinated poll-
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watching effort from KSP was used throughout the group's report to demonstrate the multi-state
effort to conjure evidence of voter impersonation. "e issue with the King Street Patriots in Texas
was a major argument," Lieberman said. "Our work on this is national. e issue with KSP is not
limited to Texas." Lieberman said her group lobbied lawmakers in Texas using the Texas Inde-
pendent's reporting on KSP and its "True e Vote" campaign, though the measure ultimately
passed. e Project recently filed a legal challenge to voter ID efforts in Missouri, and plans to
challenge Texas' law when it's submitted for federal review. e Texas Independent continues to
monitor KSP's volunteer training efforts and in the run-up to 2012.
Common Cause files complaint regarding NOM electioneering disclosures
Andy Birkey's reporting on election-season spending by the National Organization for Marriage
(NOM), in partnership with the conservative Minnesota Family Council (MFC), has led to a
complaint being filed with the Campaign Finance and Public Disclosure Board. e complaint
cites Birkey’s reporting on radio and television ads — including one invoking the name of Martin
Luther King, Jr. — voicing the groups’ opposition to same-sex marriage. Common Cause Minne-
sota filed the complaint making two charges — that NOM/MFC, which spent hundreds of thou-
sands of dollars on the ads during campaign season, failed to register as lobbyists with the state,
and that MFC's Tom Prichard failed to disclose expenditures in that capacity. Birkey was the only
reporter to question the legality of the groups' activities here. “Minnesota’s lobbyist disclosure laws
are designed to shine some sunlight on how special interests attempt to influence decisions at the
capitol,” Mike Dean, Executive Director of Common Cause Minnesota, said. “Both organizations
have attempted to operate in the shadows by failing to disclose hundreds of thousands of dollars
spent influencing legislators at the capitol.”
CRIMINAL JUSTICE REFORM
Broward County Sheriff agrees to staff training following coverage of HIV-
criminalization arrest
Immediately after reporting by Marcos Restrepo brought the case to his attention, Michael
Rajner, the legislative director for the Florida GLBT Democratic Caucus and a member of Brow-
ard County’s Council for Diversity and Equal Opportunity, pressured the Broward County sheriff
and an assistant state attorney for charging a South Florida man with the criminal transmission of
HIV. Restrepo originally blogged about the charges against Daniel Hay Lewis, who allegedly bit
an officer during an arrest made on charges of shoplifting. Restrepo first reported the charges in
the context of Centers for Disease Control and Prevention data demonstrating that it is nearly
impossible for a bite to transmit HIV. He went on to question whether Lewis was receiving
proper health care while incarcerated and documented Florida's extraordinarily high percentage of
inmates with HIV and AIDS. Restrepo then interviewed LGBT and health advocates who spoke
out about the case, saying the charges were inappropriate and an instance of “prosecutorial hys-
teria.” Reaction was immediate. Rajner then called Broward County Sheriff Al Lamberti and an
assistant state attorney at the Broward County State Attorney’s Office to discuss the statute.
"Sheriff Lamberti shared my concern that this charge, based on the information provided, did not
appear to be appropriate,” Rajner said. “In my conversation with Sheriff Lamberti, he agreed to
develop an initiative to educate his deputies properly on how HIV in transmitted, especially when
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Florida Statute relating to criminal transmission of HIV. e Sheriff further added that he would
also like to approach the police chiefs’ association to ensure local police departments were better
educated." Rajner personally thanked Restrepo for bringing the issue to his attention.
ENERGY AND ENVIRONMENT
Coalition demands extension of public comment on proposed biomass plant
In May, Eartha Melzer reported on the potential impacts of a wood-fired biomass plant planned
by Wolverine Power Cooperative in Rogers City while the project was under review. Among the
implications, she found, was that in order to get just five percent of its energy from biomass, a
putatively clean energy source, the 600-megawatt power plant will burn 255,000 tons of freshly
cut Northern Michigan trees each year. Based on that new information, Michigan Citizens for
Energy, Environment and Economy (MC3E), an environmental group that successfully fought to
prevent the opening of a biomass electric generation facility in Traverse City, called on the Michi-
gan Department of Environmental Quality a week later to extend time for public hearings on the
plan. MC3E demanded the public comment period for the proposed plant be extended because
that information had not been available to the public until the day the Messenger published it, the
last day of the comment period. However, the permit was approved a month later. “is decision
not only showcases the shortcomings of our permitting process and poor understanding of ‘air-
quality,’ but also the Snyder Administration’s ignorance on Michigan’s energy issues and job crea-
tion,” said Ric Evans, a candidate for director on the Great Lakes Energy Co-op board, which is a
member of the Wolverine cooperative.
State Oil & Gas Commission addresses backlog of spill cases
Last year energy reporter David O. Williams was the first to reveal the Colorado Oil and Gas
Conservation Commission (COGCC) suffered from a massive backlog of unresolved water and
soil contamination cases resulting from natural gas drilling in northwest Colorado. In many cases,
like the spill that sent Garfield County resident Ned Prather to the hospital after drinking
benzene-tainted water, no action was taken nor fines levied for years, leaving the state with hun-
dreds of thousands of dollars in uncollected penalty payments. Much of the contamination comes
from fluids used in the natural gas extraction method known as hydraulic fracturing, and some
cases in the COGCC’s backlog are from spills dating to 2006. Williams was the only reporter to
cover that backlog and the problems that caused it, which allowed the industry to sweep serious
contamination cases under the rug. “You’re right, some of [the cases] date back several years, and I
don’t want to make excuses, that shouldn’t be the case,” conceded COGCC’s director David Nes-
lin in an interview. “We do need to do a better job at bringing timely enforcement matters, and
we’re committed to doing so.”
Williams’ reporting also prompted other media, namely the Grand Junction Sentinel to report on
the issue; in every case, the Sentinel stories followed stories by Williams. Media pickup addition-
ally included industry publications like Colorado Energy News, which cited e Colorado Inde-
pendent as having broken the story, and sportsman’s magazine Field & Stream. Collectively the
coverage ensured COGCC made good on its claim to make enforcement its top priority in 2010.
In a January 2011 annual report (pdf ), COGCC acknowledged the backlog. In June, Williams
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updated the COGCC’s progress on enforcement; On July 1, 2010, the COGCC had 48 enforce-
ment cases that were more than a year old. As of the commission’s last hearing in May 2011, 31 of
those cases had been dealt with. e regional bureau of the National Wildlife Federation recently
credited the media coverage as key to getting the COGCC to pursue these cases and issue mean-
ingful fines. A lawyer at an environmental law firm told Williams his stories are the only thing
that kept the old spill cases alive and "got the COGCC off its ass" to levy fines. (e lawyer and
firm did not want to be identified). e story continues to have impact, as illustrated by Williams’
continued reporting on settlements reached with oil and gas operators.
GOVERNMENT ACCOUNTABILITY AND REFORM
Northern Michigan activists rally over coverage of Emergency Manager Law
e Michigan Messenger lead coverage of the state’s Emergency Manger law and the growing
movement against it. When the Traverse City group Reject Emergency Managers announced its
campaign to petition for a referendum on the law, the group specifically mentioned Messenger
coverage as a reason it took action. Specifically, Eartha Jane Melzer's May 13 report was the first
and only story in which a northern Michigan lawmaker acknowledged that local entities are at
risk of takeover by the state under the Emergency Manager law. In a May 17 press conference,
activist Betsy Coffia said, “I personally was told by my state representative that this was not some-
thing we in Northern Michigan needed to worry about. at this wasn’t for us. But lo and behold
the specter rises, schools as close by as Central Lake, Alba and Bellaire, all in Antrim County our
neighbor, were named just this last week by their state representative Greg McMaster as very
much in danger of their very own emergency manager.”
JUSTICE AND CIVIL LIBERTIES
Missouri discontinues use of HIV disclosure forms
In March, Michigan Messenger reported about concerns related to documents being used by the
Missouri Department of Health and Senior Services (DHSS) for people living with HIV. ose
documents laid out the state's HIV disclosure law, and residents with HIV were required to sign
those documents before gaining access to the federally funded AIDS Drug Assistance Program or
Ryan White CARE Act Medical Case Management. But advocates pointed out that they were
troubled by a spike in prosecutions of HIV-positive persons under the law, which they claim was
reckless and a violation of civil liberties. e law requires disclosure of one’s HIV-positive status
prior to sexual contact, needle sharing or other behaviors shown to spread the virus; it was also
amended in 1997 to make it easier for state officials to criminally charge HIV-positive persons if
they tested positive for another sexually transmitted disease. As a result of Messenger's reporting
on the abuse of this law, DHSS announced in April that the documents would no longer be used
by the state and that HIV-positive individuals would be able to access ADAP or Ryan White
Medical Case Management without that additional burden.
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REPRODUCTIVE CHOICE
Citing e Texas Independent’s reporting, lawmaker proposes amendment funding ma-
ternity homes
During the floor debate that ultimately resulted in the Texas House's passage of "Choose Life"
license plate legislation, a state representative cited reporting by Texas Independent former editor
Patrick Brendel, revealing that the state reimburses crisis pregnancy centers (CPCs) at a higher
rate than it pays nurses and mental health professionals to provide services to pregnant women
under Medicaid. It marks the first time that a lawmaker referenced the Independent during offi-
cial legislative proceedings. Rep. Mike Villarreal (D-San Antonio) proposed an amendment, even-
tually tabled, that would direct funds exclusively to support maternity homes, which are regulated
by the state — unlike CPCs — and offer a broad range of services including medical care. Vil-
lareal then noted that while Texas' Alternatives to Abortion Services Program reimburses non-
profit subcontractors $63 per hour for mentoring/counseling performed by unlicensed volunteers
to pregnant women (also first reported by the Texas Independent), master's-level professionals
providing counseling or social work in crisis situations receive less through Medicaid. e bill's
author, Rep. Larry Phillips (R-Sherman), said he was unaware of the statistic. "What I'm trying to
highlight is that we could do a better job of targeting our limited state dollars to organizations
that are delivering meaningful, important, much needed and apparently, less expensive services like
health care delivered by pediatricians and professional health care providers," said Villarreal. "Your
bill leaves the door open to money being diverted to crisis pregnancy centers, instead of these
other organizations we happen to be cutting this session." Villarreal argued the funds should go
toward regulated centers that are held accountable by the state, not CPCs. "ey [CPCs] have
been failing their accountability measures that we set for them. ey have yet to meet standards of
measurable objectively that we have set for them, yet we still throw money at them," he said.
Department store’s role in anti-abortion rights fundraiser sparks protests
While reporting on the Texas-based anti-abortion rights marketing group Heroic Media, Sofia
Resnick uncovered that a fundraiser for the organization was being hosted by Dillard’s depart-
ment stores. Dillard's Memorial City of Houston agreed to loan clothes to models for the event
— which was expected to have 400-500 in attendance — to help fund a Heroic Media advertising
campaign in Houston. Heroic Media and its affiliates have posted billboards throughout the
country with slogans targeting African-Americans, some saying, “e most dangerous place for an
African-American is in the womb.” Dillard’s corporate headquarters did not dispute its role in
the event but denied it was an official sponsor, a response it repeated to the many bloggers and
activists that began pressuring the company to end its support. Resnick’s reporting continued to
go viral, and the grassroots group Pro-Choice Houston subsequently organized a protest in oppo-
sition to Dillard's participation. Members of the University of Houston’s Student Feminist Or-
ganization teamed up with Pro-Choice Houston to protest the fundraiser, Resnick reported the
day of the event. Protest organizer Bill Lambert said picketers held signs reading, “I trust black
women”; ”Dillard’s: e most dangerous store for women’s rights”; and ”What’s heroic about ra-
cism?” and occasionally chanted “Down With Dillard’s.”
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SEPARATION OF CHURCH AND STATE
Complaint filed over House prayer by anti-gay preacher Bradlee Dean
e Minnesota Independent has been reporting on Bradlee Dean — the controversial head of a
Christian ministry that is backed by Minnesota Republicans including U.S. Rep. Michele Bach-
mann and former gubernatorial candidate Tom Emmer — since 2007, well before most other me-
dia knew his name. So when Dean was invited by Republicans to give a prayer before the Minne-
sota House, reporter Andy Birkey’s reporting played a key role in informing legislators of Dean’s
anti-gay statements. Dean — who has called for the imprisonment of gays and lesbians and has
said that Muslim countries that call for the executions of LGBT people are “more moral” than
American Christians — was “denounced” by GOP House Speaker Kurt Zellers after the prayer,
which included a veiled attack on President Obama, and after bipartisan outrage over Dean’s
words. Minnesota Democrats filed a “protest and dissent” complaint after Zellers moved to strike
Dean’s name from the official record, noting that “Mr. Dean has a history of making inflamma-
tory, extremist, and prejudicial public comments about the gay and lesbian community.”
IMPACT UPDATES
• On April 11, Todd Heywood reported that Ingham County has officially declared an HIV
crisis after being one of the top two counties for new positive tests for the virus in recent
months. Most importantly, the county has now issued guidelines to local hospitals, doctors
and clinics on the use of nPEP, the early use of anti-retroviral drugs that can prevent the vi-
rus from being fixed in the body. While the state has so far failed to issue such guidelines,
the county has done so. e head of the Ingham County health department told Heywood
that his reporting on the problem led them to issue those guidelines, because they were tired
of the state dragging its feet.
• Todd Heywood reported that the Michigan Department of Community Health has sent a
letter to local health departments urging them to stop using a Client Acknowledgment form
that misrepresents the law on disclosure for HIV-positive Michigan residents. is is the
final impact of Heywood’s years-long coverage of the use of those forms and the stigma at-
tached to them. MDCH had earlier agreed that the forms were inaccurate, and now they've
taken concrete steps to get local health departments to stop using them.
• e Minnesota Independent's Andy Birkey reported in February about the inclusion of a
repeal of the Pay Equity Act, a measure ensuring fair pay for women in government jobs, in
a broader bill repealing mandates. In response to his report, the bill's author apologized for
the inclusion of the repeal. Now Birkey offers an update: the measure has been stricken from
the bill, and Democrats are vowing to make sure such measures don't return.
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