Wednesday, September 23, 2009

Press Releases: Freedom isn’t free

Published in the Portland Phoenix

Campaign-finance reformers often object to the idea that money equals speech. But even for progressives, it does indeed. "All our donations dried up" after Obama was elected, says Matt Power, producer and editor of LibertyNewsTV, a five-year-old monthly half-hour progressive news-and-commentary program based in Portland and aired on public-access channels in Maine and around the country. The program being distributed for October will be the series's last.

The election of the president who promised change suggested "the adults were in charge again," Power says, and so support dwindled for a program that often attacked George W. Bush and his policies.

For example, FreeSpeechTV, a clearinghouse for progressive videos, used to give Power $1600 a year to support LibertyNewsTV's $8000 annual budget. For the coming year, though, it offered $75, Power says. "That's a sign of the times right there."

But he's not done making videos, and has plans to create a progressive-themed series for the Web or broadcast. "We need to create different versions of reality" to show "a positive vision of what the world could be," he says. Specifically, as Marxist as it may sound, "What would make the most people the most happy?"

Power draws inspiration from Michael Moore, who he says has "managed to break out of the documentary mold" by "introducing whole new ideas that people have never even heard before."

If a donor appeared and wanted to bankroll LibertyNewsTV again, he would go right back to it. But since that seems unlikely, he's submitting all the past episodes to the Internet Archive (archive.org) so the public will be able to access them in perpetuity.

(Disclosure: I appeared on an episode of LibertyNewsTV earlier this year explaining my "Take Back Barack" initiative, which suggested that Obama was drifting to the center and even the right, and that we needed to pressure him to stay progressive.)

• WGME Channel 13, Portland's Sinclair-owned CBS affiliate, sent a news photographer to the September 13 ANTI-SAME-SEX-MARRIAGE RALLY in Augusta, armed with a handheld video camera. He didn't conceal the camera, but neither did he disclose his employer, nor his intent to broadcast the footage he shot. Turns out, it was a pretty smart move ? absolutely newsworthy moments the station aired included Roman Catholic Bishop Richard Malone declaring that it was a "duty" of all good Catholics to oppose same-sex marriage, and saying that any Catholic who did otherwise was "dissenting from the teaching of the church." The station also got Marc Mutty, the diocese's spokesman who is on leave to run the anti-same-sex-marriage campaign, to admit that people who oppose marriage equality fear being publicly identified because they might be viewed negatively for their beliefs. "In today's society, being a bigot is a really nasty thing," Mutty said on camera, unintentionally hitting the nail precisely on the head.

• And for those arriving late, I reported (with help from Al Diamon and Lance Tapley) on the AboutTown blog September 9 that Richard Connor made no money as the middle-man in a real-estate deal by which New York developer John Cacoulidis bought the PRESS HERALD BUILDINGS near City Hall in Portland and a Portland developer bought a floor of the Chestnut Street parking garage. Rather, Connor paid $6.3 million and sold them right away for that exact sum. In all, he paid $17.9 million for the real-estate portion of the deal with the Blethens, and got back more than one-third of it right away. He'll get more when he sells the Kennebec Journal building in Augusta; he is planning on keeping the South Portland printing plant and probably the Waterville offices of the Morning Sentinel.

Global Outrage: Protestors head to the G-20 summit

Published in the Portland Phoenix

As President Obama prepares to ask representatives of the world's largest economic powers for more money to help reverse the global recession, thousands of activists will take to the streets to protest the policies of the G-20 and its members, who are meeting in Pittsburgh on Thursday and Friday.

Paul McCarrier, a Portland activist and anarchist who also protested at the 2008 Republican National Convention (see "Judge Dismisses RNC Protest Case," by Jeff Inglis, February 6), helped organize a contingent from New England who have traveled to Pennsylvania and are already setting up for several days of community festivals, marches, and protests.

On the agenda for this week's official talks will be whether the G-20 nations, which include the US, China, Europe, Russia, and Saudi Arabia, will give as much as $1 trillion to the International Monetary Fund and the World Bank, international groups that invest in developing nations. Protestors, including McCarrier, will be arguing that those groups' projects "destroy local economies" by increasing dependence on foreign aid rather than teaching self-reliance.

"We need to stand in solidarity with people who live in the global South, whose lives are being destroyed," McCarrier says, explaining his motives for protesting. (Activists gathering are from many groups who represent a wide range of populist, anarchist, progressive, and other perspectives.) The 24 finance ministers and central-bank executives who sit on the G-20 board "shouldn't have the power to decide things for all six billion people," he says.

While activists and officials alike say they hope the demonstrations remain peaceful, McCarrier and others are anticipating aggression by police, and are bringing gas masks and other equipment for "defensive" purposes.

There will be thousands of police and National Guard troops stationed in Pittsburgh, according to plans reported in that city's alternative newspaper, City Paper, and its daily, the Post-Gazette.

Those officers have been getting trained by London police, which protestors object to because at the G-20 meeting in that city in April, police assaulted a man who was walking home from work; the man, who had not been involved in the protests but rather worked within a police-erected security cordon, died minutes later. Three autopsies have been done, and a London officer has been interviewed in the ongoing manslaughter investigation.

Pittsburgh city leaders have also taken some odd steps aimed at curbing demonstrations. The city council refused to ban the wearing of masks, but according to the Post-Gazette the council did approve special powers meaning police can cite anyone carrying PVC pipe, carabiners, and even gas masks in the city, if officers believe they will be used to disrupt public order.

Noah Williams, a spokesman for the Pittsburgh G-20 Resistance Project, says the city has ordered 1000 canisters of tear gas, "which is a strange move if you're not planning on using tear gas."

McCarrier is concerned that police will try to suppress the public outcry, noting that the city, as many cities do, requires a permit for a march. "You have the right to express yourself any way the government sees fit," he says wryly.

Williams says the groups he is coordinating with want to create "a space where the people the decisions are going to affect will have a voice," but admits he is not sure the G-20 delegates will get the message.

"They certainly have not shown a history of listening to the people whose interests they're supposed to have at heart," he says.

To follow G-20 protests and related news, visit resistg20.org and g20media.org.

Wednesday, September 16, 2009

A decade gone by: Where Portland has come since 1999, and why we can't really even imagine what's coming in 2019

Published in the Portland Phoenix

This week, we at the Portland Phoenix celebrate 10 years of serving Portland and Maine as your news, arts, and entertainment authority. And we celebrate a decade of you, our readers, giving us your attention in an increasingly jam-packed media world.

Portland is a small place that has a lot packed into it. (We actually kinda like that description of ourselves as well.) And we have managed to cram a lot into this issue — it's our annual Fall Preview issue as well as a celebratory anniversary edition — and we hope you'll check everything out.

But before you get there, let's start with the predictions then-staff writer Alex Irvine made five years ago, in our fifth-anniversary issue. He listed five themes that had been covered throughout the Phoenix's first five years that would still be current in five years' time (that is, now). And he went four-for-five.

GAMBLING Yep. Another proposal is in development now.

WATERFRONT The Maine State Pier mess is no more solved now than then, and statewide, working waterfront is still under serious land-use pressure.

DIRIGO HEALTH Whether as an example of how to reform healthcare, how not to, or something in between, he was right on.

MERCURY The environmental toxin is still an issue, but not much under discussion these days. We'll call Alex wrong on this one.

GAY CIVIL RIGHTS Oh yes, for sure. If you don't know that, plug into a Webtube.

In this issue, we look back at the past 10 years. Shay Stewart-Bouley mulls over how diversity has changed in Maine since 1999, and cartoonist David Kish offers us some ideas for new niche products we at the Portland Phoenix might create.

Then there's Deirdre Fulton's review of selected of stories we've been telling you about for a while, updating them with where they are today.

If you're wondering what life is like if you work at the newspaper, the only person who worked full-time at the Portland Phoenix from 1999 all the way through 2009, Marc Shepard, has graced us with funny tales he claims to remember from our history.

And our arts writers have reviewed what has happened in Portland since the turn of the millennium. Sam Pfeifle tells us about the 10 most influential bands of the past 10 years; Megan Grumbling recounts the losses and the incredible gains Portland's theater community has seen; Ken Greenleaf looks at the state's artistic scene and notes a few changes; Lindsay Sterling explains how Portland became such a foodie center.

And while Al Diamon gives us a peek at what Maine might be like in 2019, we'll take a slightly less dystopic view. Here are five key issues that will occupy us for some significant period of the next 10 years, and our predictions for what might have happened by 2019.

UNIVERSAL HEALTHCARE Maybe we'll have solved it by then.

GAY CIVIL RIGHTS Full legal equality will have been in place for some time, nobody will be worse off, and many people will be better off.

GLOBAL WARMING This will be the crisis of the age, requiring political, economic, and social will like no worldwide challenge before. Its effects will reach into every aspect of our lives — transportation, communication, even food — and will require a concerted international effort to address.

GAMBLING Pro-gambling efforts will continue to propose increasingly better deals for Maine, in hopes of getting their mitts on at least some of our cash. Perhaps by 2019 they'll have offered to just give us our money back at the door.

STATE BUDGET CUTS If Maine's budget forecasters don't improve their skills, there might be precious little left to cut from services to the needy, and politicians will have to consider cutting tax breaks for the wealthy.

We recognize that looking forward is largely for entertainment value, but our looks back showed us exactly how much really does change over time. It doesn't always seem like it, we agree, but Portland is a very different city — very much for the better — today than it was in 1999. We'd like to think we've had some small part in that improvement, and we're definitely proud of how we've helped explore and explain it to you.

Thanks to our readers, writers, staff, advertisers, and friends. Thanks for sticking with us for 10 years, Portland. And thanks, in advance, for the next 10, and beyond.

Party Politics: Snowe: A party of one

Published in the Portland Phoenix

US Senator Olympia Snowe has maneuvered herself into a position where she is the only hope Democrats have of getting a "bipartisan" agreement on healthcare reform. But it's really less that she's being bipartisan than that her bloody-minded Republican colleagues have left her as the last remnant of a system in which the two parties disagreed but found middle ground on which to govern together.

As we have told you before, Snowe is seen as politically crucial to President Barack Obama's efforts to fix our nation's broken healthcare system, but has stuck fast to her idea of compromise — in which a public-option plan would only be available if competition did not improve some yet-to-be-specified amount over some yet-to-be-specified period of time after a bill was passed (see "Snowe Misses the Point of Healthcare Reform," by Jeff Inglis, July 10).

Of course, with Snowe's major campaign donors coming from the insurance and medical sectors, it's unclear what specifics would be suitable to her. (And it's worth noting that many of the hardcore public-option Dems are heavily indebted to labor unions.)

Snowe was able to reshape the financial bailout and economic-stimulus package because the Republicans refused to be bipartisan. She is again a party of one on healthcare reform, less by her own doing than because she has been abandoned — not only by the rightmost ideologues in her party but even by fellow "moderate" Republican Senator Susan Collins. Long a fence-sitter, Collins took to CNN Sunday to tell State of the Union viewers that she opposes a public option, even if it were delayed and watered down along the lines of Snowe's proposal.

Now Snowe herself has gone even farther, outright asking Obama to drop the public option, saying on CBS's Face the Nation Sunday that there is "no way" a plan with a public option can pass Congress. And she may be right about the vagaries and perversities of how Congress works. But with that declaration, she made clear that while the Democrats retreated on the public option in hopes of getting a bipartisan agreement, they are likely now to end up with neither.

But in the wake of recent polls showing strong public support for a public option, and even one showing that nearly three-quarters of doctors favor a public option or just outright single-payer healthcare, Democrats are starting to climb back, with many saying it's important to have a public option in some form, specifically because of the need to provide competition to health-insurance companies.

It remains to be seen if Snowe will support a bill with a public-option trigger like the one she originally proposed, or if she will instead stick with her new request that any sort of public option should be "off the table." It also remains to be seen whether anyone else joins what we might as well start calling the Snowepublican Party.

Monday, September 14, 2009

Wednesday, September 2, 2009

Your Money: Here comes the FairPoint bailout

Published in the Portland Phoenix

We thought the bailouts were over. They're not. FairPoint Communications, the nightmare that has become northern New England's landline provider, is seeking tax dollars that could help it fulfill the promises made to regulators in Maine, New Hampshire, and Vermont when the company spent $2.3 billion to buy Verizon's systems here.

FairPoint is in serious trouble. Next week, officials from all three states will hold a rare joint hearing with the company, which has been scheduled for several weeks but is likely to include discussion of an anonymous e-mail sent August 14 to regulators in all three states alleging that FairPoint faked test results regulators relied on to determine that the company was ready to take over from Verizon. (Monday, FairPoint issued a strong denial based on its own internal investigation.)

Vermont is considering revoking the company's license to conduct business. In July the company threatened bankruptcy. Its business model still depends on customers leaving more slowly than they left Verizon — when in fact the company's terrible service has caused a customer-departure rate higher than Verizon's, and incurred $3 million in poor-performance fines from state officials.

But you don't enter the picture until we look at FairPoint's promises, which are enforceable because they are also orders from the three states' utilities regulators. As part of its proof that the Verizon takeover was in the public interest, the company must pay a minimum of $131 million by March 31, 2010, to expand broadband Internet coverage in Maine, New Hampshire, and Vermont (even if other companies offer better, faster, or cheaper broadband in the same area). And it must pay a further $114 million before March 31, 2013 to do even more.

FairPoint is asking for nearly $38 million in federal economic-stimulus money (out of $7.2 billion approved to broadband expansion) to provide coverage to areas of all three states that the company "otherwise would have been unable to serve within an identifiable timeframe," according to a company press release. Under federal rules, the company will have to contribute $7.5 million of its own in matching funds to those projects.

But because of a loophole between the states' requirements and the federal rules for doling out its money, tax money could be used to meet the company's existing obligations. The states only require that FairPoint spend certain amounts within the timeframe — regardless of how the company gets the money. The feds require that the company prove "that the project would not have been implemented during the grant period without federal grant assistance."

But what the feds call "the grant period" ends three years after the government approves the application, expected to be late this year. FairPoint's commitments to the states don't end for another year beyond that.
FairPoint probably can't get federal money to cover what the states already require be spent before March 31, 2010. But the states' rules allow it to claim it was going to spend all the rest of the money just before the 2013 deadline. And then the company could say it was bringing forward, into the federal "grant period," work originally slated for 2013 — in which case the rules appear to allow federal money to fulfill state demands.

Indeed, Maine and New Hampshire regulators more or less admit that their requirements don't cover this possibility. "It's all in terms of expenditures," says Andrew Hagler of the Maine Public Utilities Commission, adding that the federal rules are the only way to will prevent FairPoint from subverting taxpayer money to meet its prior corporate obligations.

Leave it to Vermont to set the bar. The state that acted first on the e-mailed tip that FairPoint might have faked its test results is taking the hardest line about double-dipping. The money FairPoint promised to Vermont is "a separate, standalone obligation to the state," says Stephen Wark of the Vermont Department of Public Service. He said he would be "surprised" if the feds allowed it, adding that "generally, the rule is you cannot supplant" money already committed, and replace it with federal dollars. "That is what we're going to hold them to," Wark says.

Good thing, too, because if it's up to the feds, they're not talking. Mark Tolbert, spokesman for the National Telecommunications and Information Administration, which is overseeing the broadband stimulus money, referred the Phoenix to "eligibility and matching" documentation that didn't lay out whether double-dipping in this way would be allowed.

Labor of Love: No rest for these union activists

Published in the Portland Phoenix


Most of us will sleep in on Labor Day. Not the Southern Maine Labor Council, who will be working hard to remind us what the holiday's actually all about.

They'll start at the ungodly holiday hour of 8 am with a breakfast at the Maine Irish Heritage Center hosted by the Southern Maine Labor Council, the Western Maine Labor Council, and the Metal Trades Council. After 45 minutes of chow, they'll head upstairs for a labor-music performance by Nine to Nine, a singing group with an odd name for union types. There will also be an exhibit of photos by Brunswick-based documentary photographer Guy Saldanha, who has visited and photographed labor sites around the world, and across Maine.

The big attraction, though, will be Wilma Liebman, a woman whose name most of us haven't heard. She's the chairman of the National Labor Relations Board, who will be receiving the "Working Class Heroine Award" for her efforts on behalf of workers' rights.

Liebman, one of only two serving NLRB members (three seats are vacant), has spent 12 years on the board, and was chosen by President Obama to lead it shortly after he was inaugurated.

We caught up with her on the phone from Washington DC last week, just as she was heading to Australia to deliver a keynote address at the 19th World Congress of the International Society for Labor and Social Security Law.

She holds out hope for unions not just in the workplace (and notes that the percentage of organized workers in the private sector is in "obvious decline") but in the nation's public sphere, calling union activism "a political counterweight to the political influence of corporations."

While not taking a stand on the Employee Free Choice Act and other labor-related legislation (the board, as a quasi-judicial body, stays out of legislative debates), Liebman says she hopes "things will not be made worse between labor and management."

As far as general principles, she says seeking a balance between corporate and individual power is "both a matter of democracy and a sound economy." Specifically, "if you address the inequality" that exists in society, then increased purchasing power for workers will help boost the economy out of the recession.

At the moment, she says, she sees a sort of "holding pattern," in which everyone is mostly waiting for the outcome of the legislative process. Key to the success of whatever law is passed, Liebman says, is shared understanding. "If the business community could acknowledge that workers have rights — not just to a voice in the workplace but to a standard of living," and labor can recognize "the terrible competitive pressures" of doing business today, both will be better able to work together.

But as the agency tasked with making sure they do, the NLRB is facing its own "crisis of confidence," she says. Three board members' terms expired in December 2007; George W. Bush made three appointments; the Senate never acted. Obama made three nominations in July, but the Senate has been busy with other business.

In the meantime, Liebman says, "our authority to act as a two-member board has been challenged in several circuit courts." Though she and fellow board member Peter Schaumber have nearly 500 decisions with no other members available, the US Court of Appeals for the DC Circuit ruled in May that the two-person body did not have the power to make rulings. Three other federal appeals courts, including the Boston-based 1st Circuit, have ruled that it does. The matter is likely to go to the Supreme Court to be resolved.

Portland Labor Day Breakfast | September 7 @ 8 am | Maine Irish Heritage Center, 34 Gray St, Portland | $25 | 207.892.4067

Wednesday, August 26, 2009

Press Releases: Talking points

Published in the Portland Phoenix


Rich Connor's reforms have brought a much-needed sharpened focus to the Portland Press Herald/Maine Sunday Telegram and its sister papers. Certain changes, though, are raising eyebrows not just for what they are, but because of how Connor is doing them.

Many newspapers report on themselves as businesses on inside pages, and occasionally below the fold on the front; Connor has chosen top billing for his paper's self-references.

Lead "stories" have described how he came to buy the papers, announced how much his investors like him, lauded his investors' real-estate developments (without mentioning either their similarities to others' projects or the paper's relationship to the developer), and explained why he's about to shut down a printing plant and sell a landmark building in Augusta.

Lately he is taking the editorial pages in a new direction, as we can see in the now-clarifying picture of his ouster of Kennebec Journal and Morning Sentinel editorial-page editor Naomi Schalit. Unlike her counterpart at the Portland papers, John Porter, Schalit (a well-known and award-winning journalist who has also worked for Maine Public Broadcasting) survived the ownership change and was, by all accounts, settling in and attempting to get to know the new boss.

But she announced her resignation in early August, just after returning from a week's vacation. Readers might have been startled by the abruptness, but they must have been even more surprised at the editorials that ran in her absence. At a time when the editorial-page editor was not around to discuss the ramifications of such a shift, and without so much as a nod to the long-held former position, the papers overturned years-old editorial positions, most notably chastising Republican senators Olympia Snowe and Susan Collins for being bipartisan moderates on health-care reform.

It's that kind of move that suggests Connor, while certainly more hands-on than the absentee Blethens, doesn't have a feel for Maine. And the situation may not improve for a while: Schalit's replacement, Bill Thompson, is, like Connor's new executive editor and new head of advertising, an out-of-towner who has never worked in Maine (though a longstanding Connor employee).

But while these efforts may ruffle a few professionals' feathers, the real question is whether the readers notice — or care.

Sadly, the Pew Project for Excellence in Journalism suggests they do neither. Its latest State of the News Media report declares bluntly that in the latest research, "There was no indication that Americans altered their fundamental judgment that the news media are politically biased, that stories are often inaccurate and that journalists do not care about the people they report on."

Connor instead appears to be trading on the results of Northwestern University's Readership Institute's 2003 "Newspaper Experience" study, which concluded that people read newspapers to have "something to talk about" more than for any other reason. There, he is definitely succeeding.

• Also of note for those TV watchers who still don't use cable, satellite, or the Internet, if you're missing your fave ABC shows, you might just be in luck. WMTW, the Hearst-owned ABC affiliate on Channel 8 in Portland, wants to resume analog broadcasting to recover viewers lost in the digital-TV transition. While its filing with the Federal Communications Commission says there are "unresolved" problems with digital reception in both greater Portland and Lewiston-Auburn, this proposal would potentially restore a signal only as far out as Freeport and Biddeford. If it's approved, it'll be on channel 26 on your analog dial.

Hat tips to Al Diamon and NorthEast Radio Watch.

Visible man: Tracy Kidder gets into the picture

Published in the Portland Phoenix and the Boston Phoenix

As Tracy Kidder’s immersive journalism matures — his latest book recounts his travels through genocidal East Africa — he becomes more visible. He featured significantly in his debut book, The Road to Yuba City (1974), which chronicled the murders of migrant farm workers in California. But he so regretted putting himself in the story that in 1981 he bought the rights back to prevent future republication, and he declines to list Yuba City on his books’ “Also by this author” pages. He began to disappear from the narrative in The Soul of a New Machine (1981), which won the 1982 Pulitzer for general non-fiction. By House (1985), he had perfected the art of invisibility. A passage describes the view from the ground, then quotes a builder on the need for everyone who goes up a ladder to carry a box of shingles, and then — with no acknowledgment that Kidder himself climbed and carried — moves to a scene on the roof.

He stayed hidden through the rest of what became a four-book-deep study of his community in Western Massachusetts: Among Schoolchildren (1989), Old Friends (1993), and Home Town (1999). But he allowed himself back in Mountains Beyond Mountains, the 2003 volume that garnered lots of publicity for the book’s subject, Dr. Paul Farmer, and Farmer’s effort to bring health care to rural Haiti. After a reflective Vietnam War memoir, My Detachment, in 2005, Kidder releases Strength in What Remains: A Journey of Remembrance and Forgiveness, the second in what might become a series of intensely personal global social-issues investigations.


Strength’s prologue shows Kidder and Deo, the book’s main subject, driving through Burundi, returning to Deo’s home village more than a decade after his escape to America from the Hutu-Tutsi massacres of 1993 and 1994. The first section covers Deo’s youth, the civil war’s interruption of his studies to become a doctor, his flight through the wilderness, and how he rebuilt his life starting as a poor refugee in New York City.

Kidder’s gift is in the way he merges eagle-eye on-the-spot reporting with probing after-the-fact interviews, making us not just observers but privy to people’s innermost thoughts. In his previous books, we were left to imagine the exhausting work of assembling all these details. But in Strength’s second section, he gives a master class in interviewing, offering his own thoughts, as well. His devotion to his work and his compassion for those he writes about is most poignant when he confesses that he feared he was asking Deo questions that would “traumatize him all over again. On several occasions, I offered to stop my search for his story and let his memories die, if they would. Once or twice, I hoped he would accept my offer. But he always declined.”

We accompany Kidder and Deo as they travel to Burundi, retrace Deo’s route to safety, and also launch a Burundi branch of the medical initiative Kidder described in Mountains. We research with Kidder the baseless “distinctions” between “Hutus” and “Tutsis” that were so central to the mass slaughter. We, too, feel terror when he and Deo explore the now-vacant hospital where the massacre began for Deo, and from which Deo fled into the wild. “Up until now I hadn’t fully understood . . . that even his most lurid dreams weren’t weirder or more frightening than what inspired them. He didn’t wake up from his nightmares thankful they weren’t real.”

Strength in What Remains: A Journey of Remembrance and Forgiveness | By Tracy Kidder | Random House | 277 pages | $26

Saturday, August 1, 2009

Summertime blues: The scoop on red tide and blue-green algae

Published in Downeast Dog News

We’re hearing a lot about red tide this year, harmful algal blooms in the Gulf of Maine that cause state officials to close shellfish flats all along the coast. And because of June’s rainfall, several beaches were closed or under advisories for several days because of high levels of bacteria in stormwater runoff. But it turns out that while those conditions carry some minor risks for dogs that play on beaches and in the surf, the real danger is algae floating in freshwater lakes and ponds.

“Red tide” is a term that broadly covers many different kinds of algae with different toxicity levels. In some places around the world, toxic algae can be highly concentrated in seawater and may become airborne in surf spray, poisoning people and animals, including dogs and anything else that breathes along the shore.

News accounts from Florida state that the first reported cases of red tide toxins in dogs of the United States were in 2003 on the Gulf Coast, during a toxic algal bloom that became airborne. So, if you take your dog on a coastal trip, be sure to gather information about the type of red tide that may be found at that area.

The red tide found in Maine—which is actually brown—is not very concentrated, and has never been reported as airborne, according to Michael Sieracki, a senior research scientist at the Bigelow Laboratory for Ocean Sciences in Boothbay Harbor. Rather, the danger comes primarily from eating shellfish that have stored up the toxins after they consumed lots and lots of the algae.

While this year’s algal bloom is at “unprecedented levels,” according to Sieracki, it is still not so concentrated that it might harm dogs or people who are simply exposed to seawater. However, Sieracki does caution against letting dogs eat shellfish that might be found around the beach, because it may be contaminated.

Keri Lindberg of Maine Healthy Beaches, a state-run program that monitors water quality on Maine’s ocean beaches, agrees, and adds that even non-red-tide shellfish, especially uncooked—just the way our dogs prefer them—can also harbor dangerous bacteria that can sicken a dog. But she said that dogs are unlikely to get sick from algae unless they “ingest a lot of water” that is particularly contaminated.

Dr. Jennifer Roberts, a veterinarian at Maine Veterinary Referral Center in Scarborough, said that she has not heard of red tide as a problem for animals in Maine, and has not heard much about blue-green algae causing illness in dogs here, but it can be “very toxic,” often particularly hurting a dog’s liver. Roberts urged dog owners whose pets develop gastrointestinal distress to tell their vets not only whether the dog likes to chase the neighborhood squirrels or knock over trash cans, but also if the dog swims in the local ponds. This
information may help a vet identify blue-green algae toxicity as a possible cause of illness.

Dogs have died from blue-green algae poisoning in Lake Champlain in Vermont, which has led to periodic warnings from state health officials there. New Hampshire tests its lakes and issues blue-green algae warnings that mention potential dangers for pets and humans in areas with high levels of contaminants. Maine does track algal blooms, and just last year began tracking their toxicity, but at this time, the state does not issue warnings, according to Roy Bouchard, a biologist with the Maine Department of Environmental Protection’s (DEP) Lake Assessment Program.

Bouchard said that toxicity is “something nobody has a real good handle on yet,” and that states that do issue warnings are being “very conservative.” Because blooms can be nontoxic one day and toxic the next, it can be hard to keep track; lab tests require days or weeks to return results. As a result, the warnings are often based on visual observations from which experts draw the conclusion that the conditions make toxicity possible.

Between 38 and 54 lakes across the state have algal blooms “commonly” or “frequently,” according to the Bureau of Land and Water Quality in the Maine DEP, although it is more typical that 11 to 25 lakes are documented as having blooms each year, according to state data.

Bouchard said that he has not heard reports of exposure to blue-green algae toxins in Maine; however, he added that one reason might be that some of the symptoms—in both people and dogs—include vomiting and diarrhea. That could lead people to blame other causes, such as that a dog “got into something.” According to Bouchard, the additional data on toxicity that he began to collect last year may help develop a warning system that may be used as early as next summer, but but not before then.

Meanwhile, and because he cannot track toxicity at every one of Maine’s 5,900 or so lakes and ponds—even with the help of Maine Volunteer Lake Monitors (mainevolunteerlakemonitors.org)—Bouchard suggests that people stay away from lakes that are “really green and murky,” especially when algae are concentrated together on the surface, and to be certain that their dogs do not drink from or swim in these bodies of water. Other states also suggest washing a dog’s coat if she has taken a swim in questionable water to prevent her from ingesting algae while cleaning her fur.

Bouchard said that seeing plants in the water is quite normal and can often be a sign of a healthy body of water; the concern should be about algae, “murky fine particles that are free-floating with no obvious structure,” he said.

Roberts suggests using common sense about where you let your dog swim, “If you don’t want your kids playing in a certain area, you shouldn’t let your dog go there either.”

Thursday, July 30, 2009

Press Releases: Memo to Rich Connor

Published in the Portland Phoenix

We met a few weeks ago, at the press conference where you announced you had bought the Press Herald and its siblings. You may remember me — I'm the guy who, in a room full of reporters (including some from your own organization), was the only one who asked how much you paid. Of course I knew you would prevaricate, but these questions have to be asked.

You told me then that you had read some of my columns, which was nice of you to say. I'm going to take the extra step of sending this one directly to you, though, to be sure you don't miss it.

I want to tell you what people like me want from your paper. I've been blogging about this kind of stuff for a while now, and getting a lot of supportive responses from readers of mine who would like, one day, to be readers of yours as well. But you haven't seemed to react yet, so it's time for a serious call to arms.

I want to help you save the Press Herald — not despite the fact that I work at another publication in town, but indeed because of that. Maine's largest city needs a daily newspaper that lives and breathes the life of the people. Of course, it may well be too late to save the company, but it can't hurt to try.

I want to start you off gently: You, like every other news-industry executive, have found yourself running a niche publication, whether you think of it that way or not, whether you like it or not. Your daily papers are serving a small, if powerful, subsection of the community: self-appointed opinion leaders and news nerds, as well as policymakers and those who would influence them. A daily newspaper can no longer be all things to all people, so stop trying.

First up, stop printing the Internet. Next, consider your potential.

You could be the paper that, every day of the year, answers the following questions, which I first posed on thePhoenix.com/AboutTown back on July 8:

1) What was the most important thing that happened in Portland (or Maine) yesterday?

2) What is the most important thing that's going to happen in Portland (or Maine) today?

3) What have you chosen to address in-depth today, from among the most important issues facing Portlanders and Mainers down the road — whether short-, medium-, or long-term?

Sometimes a couple of those — or even all three — will overlap. That's fine. But if you can focus on those three things every single day, you will become an absolute can't-miss publication, every single day.

Sometimes — even many times — the "most important things" that happened or are about to will not be super-significant in a historic way. We can learn to trust your reporters when they say that such-and-such a story is the most important; we know Maine is the kind of place where earth-shattering stuff doesn't happen all the time.

But right now, your reporters don't always see potential in stories they're already doing, much less imagining anything bigger. Earlier this month, your front page had a press-release-based story about non-profits and state agencies buying fishing rights to help fishermen. It quoted one state official and three leaders of non-profits, but asked exactly zero fishermen whether the do-gooders' well-intentioned plan made any sense, or might actually help.

Simply put, you can't do that to us, your prospective readers. We're smarter than that, and if you're not, then we're smarter than you. Newspapers' stock in trade is being smarter, more thoughtful, and better informed. If you're not any of those three, you have nothing at all to sell. Good luck.

Campaign planning: Greens see red, must seek more green

Published in the Portland Phoenix

In a move Maine Green Independent Party leaders say unfairly targets them, but that Maine Democrats say is simply protecting taxpayer money, the Legislature last month passed a law requiring gubernatorial candidates to raise tens of thousands of dollars from private donors before qualifying for public support.

The rules, laid out in a bill sponsored by House Speaker Hannah Pingree of North Haven, create a new requirement that would-be governors who want to use the state's Clean Election Fund (no matter the party or if she is independent) must first raise $40,000 in "seed money," with individual donors giving no more than $100 each. The previous requirement for $5 contributions from individuals has also increased, from 2500 to 3250. Only by meeting both demands can a gubernatorial candidate become eligible to receive as much as $1.8 million in campaign financing from the state's Clean Election Fund.

Pingree, who is heading to Washington DC this week to testify before Congress about a federal clean-elections law, says the move was intended "to make the system more attractive for major-party candidates" — though of the six gubernatorial contenders who have used Clean Election funding since the system was set up, three have been Republicans; one was an independent and two were Greens. No Democrats have used the system to run for governor.

While it may be intended to become "more attractive," the task is actually made more difficult for all candidates — including those in major parties who want to use clean funds. Pingree says the reason for raising the barrier is because "this is a significant amount of taxpayer money," and so a candidate must "show that you have a wide base of support for your candidacy."

Diane Russell, a Portland Democrat who serves on the Legal and Veterans Affairs Committee that worked the bill, says "it's not just a system for candidates who want to send their message out there," but rather for those who have a serious shot at winning the state's top office. She says she wants to avoid having "the Clean Election system be the system of losers," and asks, "are you really a viable candidate if you can't raise $40,000?"

But John Rensenbrink, a founder of the Maine Green Independent Party and the national Green Party, sees what he calls a "carrot and stick" strategy to take the wind out of third parties' sails. On the same day as the fundraising change passed, lawmakers also unanimously removed a requirement that to remain an official party in the state, a party's candidate for governor or president must receive at least five percent of the popular vote, replacing it with a demand that 10,000 members of the party vote in a general election.

That actually does make it easier for the Greens to keep official party status. Founded more than 25 years ago, the party has struggled to gain and hold elective office on a statewide level. Despite several successes in local government (mostly in Portland city and school elections), the Greens have had no members in the State House since 2007. And the party has only ever managed to get one person sent to Augusta: John Eder, who won a seat representing Portland's West End in 2002, and was reelected in 2004. But Eder lost a second re-election bid in 2006 to Democrat Jon Hinck, who argued during his campaign that he was just as progressive as Eder and would be more effective in the Legislature.

Rensenbrink says the new rules make it "more difficult for us to arouse our own forces" to back a Green gubernatorial bid, and says the effort shows that the Democrats are afraid of facing a Green candidate next year, when the governor's seat will be vacated by John Baldacci.

Lynne Williams, the Bar Harbor attorney who has already declared she will seek the governorship for the Green Party, says the new rules are "a paradox," in that the Clean Election system exists to take money out of politics, but now requires fundraising. "All the time that I could be meeting with voters, I'm calling people and asking them for money," she says.

Anna Trevorrow, chairman of the Maine Green Independent Party, says "Maine has always been looked at as a leader" in leveling the playing field for third-party candidates, creating a system where "candidates could compete based on their ideas and not on their ability to raise money." She says the new goals are "just above what the Greens have been able to achieve in the past."

Pingree and Russell, though, think setting high goals is a good idea. "I think it's hard, but I think it's fair," Russell says.

And for the Greens, who have always based their work on grass-roots efforts, there may be some hope. Williams says her campaign has already established offices in eight counties and is readying plans for the other eight; she hopes that level of outreach will create "the skeleton for post-election activity."

Tuesday, July 14, 2009

Yellow Lab Runs, Rides from Maryland to Maine

Published in Downeast Dog News

The trip ended the way its days always did—with a high-five between Sadie and Dan McCrady. But they had to do a few extras for the cameras, as their 22-day, 850-mile journey from Maryland to Maine ended June 13 with twin ceremonies in South Portland and Portland.

Sadie, a 3-year-old purebred yellow Labrador Retriever, attentively listened to the official greetings, including remarks from South Portland Mayor Tom Blake and Portland City Councilor Kevin Donoghue, but perhaps she was just waiting for some more treats.

In South Portland, the city bought her a cake reading “Congratulations Sadie,” made by Scratch Baking Company using their popular dog-biscuit recipe, which she happily shared with the half-dozen other dogs there to celebrate the end of her trip with her bicycling human, McCrady.

McCrady dreamed up the idea last year, as a project to occupy his time in retirement. “I wanted to do something a little bit adventurous and a little challenging,” he said. Because Sadie had become a constant companion since McCrady and his wife adopted her after his retirement three years ago, there was “no question that whatever I did, it would be with her,” he said.

McCrady decided they would bicycle a part of the East Coast Greenway, a trail-in-progress whose full length is planned to stretch from Key West, Florida, to Calais, Maine, combining hard-surface off-road trails with a few segments of low-traffic roads. McCrady figured he would attract some attention for the trail and raise some money to support its development—he has rounded up $5,200 so far.

McCrady planned to take the Greenway’s route from his home in Annapolis, Maryland, to Maine, which he had visited many times because his wife’s sister and her husband live in South Portland. He arranged lodging with the help of Greenway supporters, many of whom offered to host the traveling pair.

The biggest bike trip McCrady made before this one lasted three days and covered 200 miles, and didn’t involve towing a trailer—or a canine companion. “This is the only time he’s done anything like this,” said his wife, Eileen, who came up from Maryland to join her sister and other family members and friends to greet McCrady and Sadie at the end of the trip.

It was a first for Sadie, too. McCrady gave her more food to handle her increased activity level—she ran an average of 10 miles a day, and once ran 25 miles in a day—and weighed her every week to make sure she was doing well. Her weight didn’t fluctuate more than half a pound either direction during the trip, McCrady said.

McCrady wasn’t sure how Sadie’s paws would hold up—“I even carried little boots,” he said—but she had no trouble. Sadie also had never blogged before, but learned quickly, posting daily during the trip at traildog-sadie.blogspot.com.

The pair averaged 55 miles a day. Whenever Sadie wasn’t running, she relaxed in her “limousine,” a Track’r dog-carrying bike trailer donated by Solvit Products. The one Sadie used was the largest model, capable of carrying 125 lbs., according to McCrady. Because Sadie is a fit 75 lbs., McCrady was able to stow some clothing under the floor of the trailer, giving her a softer ride and him some extra cargo capacity.

The trailer itself hitches and unhitches in only 30 seconds, and is fully enclosed, but with plenty of screened windows for Sadie to look and sniff through. When not in use, it folds down to be 6 inches thick and the size of a “small suitcase,” McCrady said.

During training rides, McCrady sent some feedback off to Solvit; they incorporated some of his ideas into their designs, and sent him a revised trailer for the actual journey. He still has an additional tip for the company—their guidelines suggest the dog should enter and exit through the zippered door in the rear of the trailer, but that didn’t seem safe to McCrady, who feared Sadie might manage to get out into traffic. Instead, he had Sadie jump through the opening directly behind the bicycle’s rear tire. As an additional precaution, “I’ve taught her she never goes in or out unless the bike’s at a full stop,” he said.

The celebrations began in South Portland’s Bug Light Park, where the mayor’s proclamation included formal recognition that a “dog’s need for exercise can help encourage dog owners’ increased physical activity.” That was cheered by local dog enthusiasts, including the South Portland Dog Owners Group (SoPoDOG), represented by its president, Crystal Goodrich, and several human and dog members.

SoPoDOG gave Sadie a taste of Maine lobster—in biscuit form—and a stuffed lobster dog toy, to complement the Maryland blue crab dog toy she had been given at the trip’s beginning in Annapolis.

Then they boarded a water taxi, which is part of the official route of the East Coast Greenway, and took Sadie’s first boat ride, crossing Portland Harbor to the water taxi dock next to Flatbread Company. Sadie took that in stride as well, lying calmly on the boat’s deck. “She’s a very mellow dog,” McCrady said.

During the walk and the ride up to East End Beach, where Sadie graciously accepted gifts from Fetchdog.com and Planet Dog, McCrady contemplated his next retirement project. “I think I’d like to get involved in some hiking,” he said, mentioning doing pieces of the Appalachian Trail.

That may not come as such welcome news for Sadie, because her owner’s plan already includes the assumption that she “can carry her own food and water.”

Wednesday, July 8, 2009

Avoiding the problem: Snowe misses the point of healthcare reform

Published in the Portland Phoenix

Over the course of Olympia Snowe's career in the US Senate, companies and workers in the healthcare and insurance industries have been her top donors (except for retirees and retiree political-action committees, which are obviously also concerned with healthcare issues).

And as she wades into the middle of the healthcare-reform debate, Snowe — who declined to answer Phoenix questions about her donors' influence — is urging the exasperated American public to give private health-insurance companies one more chance.

Snowe, who sits on the Senate Finance Committee (which handles healthcare issues), says she is afraid that a government-run health-insurance option (an option, mind you, not a mandatory-participation program) would unfairly compete with the private sector. She told the Associated Press last week, "If you establish a public option at the forefront that goes head-to-head and competes with the private health insurance market the public option will have significant price advantages."

That is, Snowe fears that the public option will be cheaper than the choices offered by private insurers. Of course, lower costs are precisely what Americans are seeking in healthcare reform.

But Snowe — and her colleague Senator Susan Collins (for whom healthcare and insurance-industry gifts are among the top six campaign donors) — are instead seeking to protect the insurers, advocating for delaying the public option until it is demonstrated that the private companies can't expand coverage and decrease costs. Instead, they are advocating a system by which taxpayer-funded subsidies would help Americans pay private insurers' market rates for health-insurance plans.

They neglect two vital facts. First, healthcare is a basic human right — though Snowe, through her press secretary, Julia Wanzco, declined to say whether she believes that, saying only that she supports "universal access" to care. Second, private companies have already proved unwilling to solve the problem: insurance premiums nationwide have doubled over the last 10 years (income hasn't followed suit, obviously), and insurance-company profits have quadrupled. Forty-seven states, including Maine, have near-monopoly situations in which one or only a very few companies control the health-insurance market.

Progressives throughout the country, and all over the Internet, are screaming. And they are acting, seeking tales of woe from those struggling to get and pay for healthcare, sending pollsters out into the streets to ask people for their opinions, and airing television ads urging constituents to contact their senators to urge more reform. Last Wednesday in Portland and Augusta, Mainers took to the streets to oppose the high premiums of Maine's near-monopoly health-insurance provider, Anthem.

Citing figures that show premiums in Maine rose five times faster than the state's median income, and that Anthem continue to show massive profits despite the poor economy, the protesters called on Snowe and Collins to support a public option from the get-go. At the rallies, organized by the Maine People's Alliance, a progressive advocacy group, several Mainers spoke about their problems with the private health-insurance industry, citing high prices and low benefits.

While progressives cite stats like the Wall Street Journal's recent poll showing 75 percent of Americans are strong supporters of an government-run option, both Snowe's and Collins's offices say that the thousands of constituent comments they have received show, in Collins spokesman Kevin Kelley's words, "little agreement on what ought to be done."

Wednesday, July 1, 2009

Press releases: Nice to meet you

Published in the Portland Phoenix

Rich Connor, the mercurial new co-owner and editor/publisher of the Portland Press Herald/Maine Sunday Telegram, the Waterville-based Morning Sentinel, and the Augusta-based Kennebec Journal, is a curious figure, who himself seems a good candidate for interesting copy in the coming years. Here are a few scenes from his first couple weeks of ownership:

• The press conference at which Connor announced his purchase of the papers (you can see the full video at thePhoenix.com/AboutTown) featured lavish praise for his wife, Deborah. And understandably so, as he went on to admit that, while he ran several papers in Texas for six years, THEY WEREN'T PROFITABLE UNTIL HE LEFT to run the Wilkes-Barre Times Leader in Pennsylvania, and Deborah took over the Texas operation.

• During that press conference, he recalled that a friend, a rich woman in Texas, told him that he shouldn't buy the newspapers if he couldn't get a local bank to support it. Perhaps someone should lend him an atlas — he ended up BORROWING THE MONEY FROM BRITISH TAXPAYERS. Citizens Bank, whose Portland office did the paperwork, is owned by the Royal Bank of Scotland, which was taken over last year by the British government during the banking crisis. Maine is part of New England, but, c'mon.

• He also promised to assume that "the customer is always right." Of course, if you define "customer" the way Connor does — someone who is either an employee, a reader, or an advertiser — it's easy to imagine a situation where there are THREE GROUPS WHOSE INTERESTS CAN BE SIMULTANEOUSLY "RIGHT" AND WILDLY DIVERGENT. Here's just one: Should a reporter stay up very late at night, away from her family, to cover a contentious city-council meeting, during which an advertiser's business plan is at stake?

• Perhaps most troubling, he is USING THE PAPERS' MAIN NEWS SPACE IN WAYS HARDLY BEFITTING A SERIOUS NEWS ORGANIZATION. First there was the 1500-word June 21 lead story (it was clearly marked "opinion") describing the astrological projections, as well as the reminiscences of the last time he lived in Maine (more than 40 years ago), that led to his purchase of the paper. Two days later, the lead "story" was about a newspaper promotion that no doubt surprised those "customers" who had paid for their papers: the Press Herald and its sisters are giving away free copies at various locations in their coverage areas. And last Friday, he printed large color photos of his biggest advertisers grinning awkwardly with their Press Herald sales reps on the back page of the front section. (Not to mention his giddily obsequious and boosterish column in Sunday's "Insight" section.)

But Connor was serious when he said, before the assembled cameras (and his bankers): "We will be profitable this year."

What that will look like is unclear. He plans to keep all three papers open (the Sentinel and the KJ are in better financial shape than the Press Herald), and hopes to pay off some debt by selling the Press Herald's downtown-Portland real estate.

There will, though, be significant cost-cutting. Connor's cagey about where, but we have two clues. First there's the press conference's Freudian slip: Confirming that there will be as many as 100 more layoffs in the near future, he added, "we're hoping it will be more than that."

And there is the praise he offered for newsroom staffers who worked until midnight one night and came in at 5 am the next morning. "We didn't ask them to do that," he said. Those employees just took a 10-percent pay cut, and face at best a 75-percent chance of keeping their jobs, so maybe Connor is suggesting he needs volunteer labor.

FairPoint watch: Making a quiet killing — of itself and Maine's economy

Published in the Portland Phoenix

Businesses in downtown Portland are on the move. Retail-property rents are lower than they have been in years, and stores are making deals left and right, with more than a dozen changing location in the past couple months. You don't know where your favorite store will be next — but don't count on calling them to find out where they've gone. They can't take your call — and won't even actually hear it ring.

That's because FairPoint — you remember them, our state's primary telephone-service provider? the nearing-bankruptcy company that has trouble providing phone service to 911 operators or even its own customer-service call centers? — has been making businesses wait more than a month to transfer phone connections to their new locations.

A simple stroll through the Old Port one recent afternoon led to three lengthy conversations with shop owners complaining about FairPoint (we'll save them the embarrassment of identifying them, if only so FairPoint won't target them for further delays). And there are many more, all of whom are talking about complaining to the Maine Public Utilities Commission, canceling their FairPoint service, getting their phone and Internet through TimeWarner Cable, or all three.

Even businesses moving a couple of buildings over, or onto the next block, have waited weeks and still can't get connected. And nobody from FairPoint seems available to help.

"I've spent hours on the phone with them," said one shop owner. "I give up." Another is forced to call a nearby business to process credit-card transactions, because he has no working FairPoint phone line to do it himself.

The problems are well known to state officials: Both Richard Davies, the head of Maine's Office of the Public Advocate (which represents consumers at-large in issues before the state's Public Utilities Commission), and Andrew Hagler, director of telephone and water regulation at the PUC, say they have heard complaints from businesses and residents.

Hagler adds that FairPoint has a "stabilization plan" it is using to mark its progress toward service-as-expected. But company filings with his office show that improvement is slow, and in some cases, not actually happening.

It is, therefore, little wonder that FairPoint recently told federal securities regulators that it might declare bankruptcy, unless its creditors allow it to delay interest payments on more than $500 million in debt (some of which is accruing more than 13-percent interest). In addition, its June 24 filing with the Securities and Exchange Commission declared that FairPoint has exhausted its available credit, and its revenues continue to decline.

While Davies says bankruptcy is "clearly ... more than a remote possibility," he is hoping that FairPoint will be able to "stop those losses and get people to come back," so as to avoid another transition to a new owner, or the involvement of a federal bankruptcy court in the state's telecommunications industry.

At least businesses and residents can take heart from one thing: The FairPoint public-relations department is no more responsive than its customer service. Company spokesman Jeff Nevins responded to three interview-seeking voicemails with an e-mail asking for the questions; the Phoenix's reply remained unanswered at our deadline. (Read the questions and the answers — if FairPoint responds — at thePhoenix.com/AboutTown.)

Wednesday, June 24, 2009

Music Seen: Gypsy Tailwind at Port City Music Hall

Published in the Portland Phoenix

Sometimes "studio magic" doesn't translate well to the stage — especially when 15 musicians perform in a single song. But other times, you wish such large live performances were being recorded for the next album.

Given their connections to crowded-live-act extraordinaire Rustic Overtones (including performances and arrangements by Dave Noyes and Ryan Zoidis), it's no wonder that Gypsy Tailwind's CD-release show falls into the latter category. On Saturday night, they started small(ish), with just five musicians on stage. Frontman Dan Connor sang and played guitar all night, but the double-length set didn't really get going until frontwoman Anna Lombard put down her guitar and focused on singing.

Gently mixing songs from their first record, Halo Sessions (2008) and the new one, Grace, as well as at least one as-yet unreleased tune, the band carefully managed the energy in the 600-person-plus crowd. Connor's smooth crooning, coupled with Lombard's grounded power, held sway — with the occasional guitar, keyboard, drum, and banjo solo — until late in the night, when the crowds started to rush the stage.

Or at least that's how it seemed. During a break in the set, eight music stands, five mikes, five audio-input lines, and five chairs were arranged on stage. What little space remained was soon filled with five string musicians (a cellist, and a pair each of violists and violinists, including sometimes-Rustic band member Angela Doxsey) and a five-piece horn section (with Noyes and Zoidis, there were two trombones, a trumpet, an alto sax, and a baritone sax), who almost immediately got rousing ovations from the crowd.

Arching over all of it, though, were Lombard's vocals, soaring to the heights of the city and never seeming to want to come down.

GT play the Boston Harbor Boat Cruise July 31 and Baystock Music Festival at the Maine State Pier August 8 | gypsytailwind.net

Jailed HIV-positive pregnant woman released - for now

Published in the Portland Phoenix and the Boston Phoenix

Quinta Layin Tuleh, the HIV-positive pregnant woman a federal judge in Bangor, Maine, ordered jailed until her baby was delivered, has been released on bail while her appeal of her sentence makes its way through the courts.

In May, Judge John Woodcock Jr. ruled that he would jail Tuleh — who pleaded guilty to possessing false immigration documents — for the rest of her pregnancy because he believed that, if she were in prison, she would be more likely to get medical treatment that would reduce the risk of her fetus contracting HIV. He told her that if she were either not pregnant or not HIV-positive, he would have sentenced her to the 114 days she had already spent in jail and let her go free.

The decision was so unusual that both Tuleh and federal prosecutors appealed the sentence for being too harsh. Fifteen state and national organizations (mainly advocates for women's issues, HIV-patients' rights, and reproductive rights) and medical experts filed a joint document supporting both the appeal and Tuleh's request for bail, saying medical care would be better outside of the prison system, and that keeping her locked up simply for being pregnant and HIV-positive was a dangerous precedent other courts have studiously avoided.

Last week, Woodcock agreed, though he is powerless to alter the sentence — the appeal process removes that option from his jurisdiction. Tuleh and the prosecution have asked the First Circuit Court of Appeals in Boston to immediately overturn the sentence and return the case to Woodcock, with the expectation that, this time, he will sentence her to time served and release her immediately.

Thursday, June 18, 2009

White-supremacist code printed nationwide

Published in the Portland Phoenix, the Boston Phoenix, and the Providence Phoenix

Imagine you are a white supremacist who is getting on in years. You've spent your life writing, extolling the virtues of Nazism, and denouncing Jews and African-Americans. You even wrote a book (published only online) that claimed the Jewish holy book, the Torah, demands the slaughter of Christians, and used that spurious beginning to justify the slaughter of Jews instead. You know full well that it was part of Hitler's justification for the Holocaust.

As 2009 dawns, you are nearing 90 years old, and you have watched your fellow World War II veterans struggle and suffer their ways through slow, degenerative deaths. You have no desire to endure that. You see yourself as a warrior, even perhaps a holy warrior. So you hatch a plan that will bring you a warrior's death, and simultaneously make you a white-supremacist martyr. And you realize that your age gives the plot an incredible twist only those in the know will discover: it is the key to getting all the world's media to print "Heil Hitler" in your obituary. But time is short — your birthday is in July.
The Southern Poverty Law Center last week confirmed that it is investigating a theory similar to my own, which is described above, in the aftermath of the fatal shooting at the US Holocaust Museum in Washington, DC, on June 10. In that incident, James von Brunn, a long-time white supremacist and neo-Nazi, allegedly shot and killed an African-American guard before being shot by other security staffers.
And while von Brunn survived to face federal criminal charges and may yet die slowly in federal prison, he did manage to get newspapers around the globe to print a white-supremacist code praising Adolf Hitler right next to his name. "James von Brunn, 88," was a phrase in almost every news story — indeed, it was a common piece of harmless information that would have been more noticeable if reporters had left it out. It is his age.
But white supremacists and those who monitor hate groups know it is also a numeric code meaning "Heil Hitler." The letter "H" is the eighth letter of the alphabet, and hatemongers around the world have long used "88" to mean "HH," or "Heil Hitler," honoring the leading historical icon of hate and intolerance, Nazi dictator Adolf Hitler.
Von Brunn himself knew and used this code often. Even before this year, he signed many of his Web postings "James von Brunn 88" — differing only by a comma from how newspapers and online news sites described him after he put his tragic plan into action.

Power through peace: In exile, Burmese monks still carry the torch

Published in the Portland Phoenix

Now is a critical time for democracy's worldwide battle against totalitarianism. Rioters in Iran are disputing the outcome of a possibly stolen presidential election. North Korea has sentenced two American journalists to 12 years of hard labor for allegedly crossing the border into the closed country from China. And Burma's only living democratically elected leader, Aung San Suu Kyi, was recently allowed to leave her home after years of house arrest — but only because the country's ruling military junta decided she should be in prison instead.

That crisis comes into local focus with this week's showings of Anders Østergaard's documentary Burma VJ: Reporting From A Closed Country at SPACE Gallery. Comprised of footage filmed by undercover journalists risking their lives to share truth with the world, it chronicles the so-called "Saffron Revolution:" five weeks in 2007 when Burma was rocked by pro-democracy protests led by Buddhist monks. (See the review, "Pixel Revolt," by Christopher Gray, on this page.)

But what the movie doesn't show is as important. Accompanying the film, and holding discussion sessions after the screenings, will be three of the monks who led the Saffron Revolution, and who continue to demand the release of Aung San Suu Kyi and all other Burmese political prisoners. These monks have much more perspective to share than what's included in the 85-minute doc.

One of them, U Pyinya Zawta (who appears in the film making calls from Burma to Thailand using the pseudonym Ko Nyo), tells through a translator on the phone from his new home in western New York of the 10 years he spent in Burmese prisons — which didn't deter him from helping to lead the Saffron Revolution. (Wanted by the government, he has since escaped the country, and found political asylum in the US.)

While he pronounces himself "very pleased and satisfied with the work and the sacrifices" of the undercover videojournalists, he notes that the movie, and the VJs' work overall, necessarily "only shows a fraction of the reality that's taking place in Burma."

One major limitation: available light. "Much more severe and brutal human rights abuses took place when night falls and after the military curfew," he says. The military waits until after dark to surround temples and neighborhoods, disconnects what little electricity is still on, and storms in. In some incidents, he recalls, people were "almost beaten to death," and others were "buried alive."

The regime's repression is overt. U Pyinya Zawta's own temple, Maggin, in the center of the capital city of Rangoon, was closed completely, its head monk and another two leaders imprisoned, the young monks sent back to their home villages, and many other senior monks scattered into hiding and exile.

But the Burmese people still demand the military honor the 1990 election in which they chose Aung San Suu Kyi as prime minister; they continue to resist, even as the military steps up repression, hoping to prevent an uprising if — but more likely, when — they sentence Aung San Suu Kyi to more prison time.

The junta is hoping to prevent a different type uprising, at the same time: one from the international community. And this leads to U Pyinya Zawta's final twin pleas: He asks the military to "free Aung San Suu Kyi along with the National League for Democracy political prisoners," or "there will be no peace." And he says the United Nations, the US, and the world at large must put real pressure on the Burmese junta.

"They issue statement after statement condemning" the junta, he says of these international entities, but that is "dancing to the tune" of the dictatorship, because "these resolutions are all on paper." What is needed, instead, is for the world to "give them a deadline" with "clear and decisive consequences." Maybe something like what he, thousands of other monks, and the videojournalists would face if they were ever caught in Burma.

Wednesday, June 10, 2009

Under attack: Civil liberties' limits grow

Published in the Portland Phoenix

Recent decisions by President Barack Obama and Maine Governor John Baldacci have dampened progressive hopes that the Republican-inspired war on civil liberties might be winding down.

First up, OUR TELEPHONE CONVERSATIONS AND E-MAIL MESSAGES ARE NOT PRIVATE, AND MAY BE RECORDED AND GIVEN TO THE GOVERNMENT WITHOUT US EVER KNOWING. The Obama administration took a page from Dubya and argued that telecommunications companies should not have to disclose what, if any, information they gave the government in the National Security Agency's warrantless wiretapping program.

It all began in 2006, when 21 Maine telephone customers asked the Maine Public Utilities Commission to investigate whether Verizon violated the state law requiring phone companies to protect customers' privacy rights.

When the warrantless wiretapping scandal broke, Verizon publicly rejected news reports that it had given the government information about customers' calls. The MPUC asked Verizon to affirm that statement under oath, but the request was blocked by the Bush administration's Justice Department, which insisted that any talk about warrantless wiretapping would inflict "exceptionally grave harm to national security."

The Obama administration kept up that argument, and on June 3 a federal judge in California agreed, despite the fact that we already know that — in addition to possible surveillance of terrorism suspects — publicly owned companies based in the United States helped the federal government spy on innocent citizens, as well as journalists, American soldiers serving in Iraq and Afghanistan, and international aid workers by monitoring their telephone calls.

And then, here in Maine, Governor John BALDACCI RELINQUISHED MAINE'S POSITION AS AN OPPONENT TO PRIVACY-INVADING FEDERAL RULES that do little to protect national security and mostly just inconvenience and intimidate people who want driver's licenses.

The so-called "REAL ID" law set out federal standards for state identification cards, saying they would prevent undocumented immigrants from getting official government ID. To force compliance, the Bush administration waved a hefty stick: If states didn't comply, their IDs would be considered invalid for federal purposes, like entering federal buildings or boarding commercial aircraft, even for domestic flights.

Maine was the first state whose legislature officially rejected REAL ID — back in 2007, saying it was an unfunded mandate from Washington that would endanger Mainers' privacy rights. A year later, under heavy pressure, Baldacci forced lawmakers to cave to the feds' demands, saying the potential inconvenience to Mainers was too great. He had, however, managed to hold out long enough to make it obvious Maine was being bullied by the Bushies.

But this year, with a new president seeking to revamp the REAL ID program, Maine lawmakers passed a bill that would have repealed most of the terms of last year's capitulation. On June 3, Baldacci stymied that effort to again be in a leading position, by vetoing it.

Fetal obligations: Federal judge: more rights for the unborn

Published in the Portland Phoenix and the Boston Phoenix

Following the tragic shooting in Kansas last month, pro-choice advocates have been dealt another disheartening setback: a federal judge in Bangor has recognized a new right of fetuses — to be protected from diseases carried by their mothers — that could become a key element in the nation’s ongoing abortion debate.

In May, Judge John Woodcock Jr., the chief federal judge in Maine, ordered an HIV-positive pregnant woman from Cameroon, who pleaded guilty to possessing false immigration documents, to remain in federal prison until after her expected delivery date in order to protect the child’s welfare. The judge said he worried that if Quinta Layin Tuleh was released or in the custody of immigration officials — who are seeking to deport her — she would not have access to medication that can prevent HIV transmission from a mother to her fetus.

“My obligation is to protect the public from further crimes of the defendant, and that public, it seems to me at this point, should likely include that child she’s carrying,” ruled Woodcock, a Bowdoin College and UMaine Law graduate who was appointed to the federal bench in 2003 by President George W. Bush. “I don’t think the transfer of HIV to an unborn child is a crime technically under the law, but it is as direct and as likely as an ongoing assault.”

Woodcock went on to say that he has an “obligation to do what I can to protect that person, when that person is born, from permanent and ongoing harm.” Having admitted that he would have released Tuleh on time served if not for her medical conditions, he remanded her to federal prison for 238 more days.

This sets out an argument that, legal experts say, if taken to its logical conclusion, could be used by a court to protect a fetus from its mother. (At the moment, fetal rights are generally limited to protection from strangers acting without the consent of the mother — as when someone who assaults or murders a pregnant woman can be charged with two offenses: one for the attack on the mother, and one for the attack on the fetus.) It also contradicts a key element of current abortion rights: namely, that a mother is allowed to do what she wishes with a fetus, including abort it.

Maine activist groups are reeling, with some worrying that it could mark a dangerous precedent for so-called negligent mothers. “When are you allowed to lock up a pregnant woman?” asks Zachary Heiden, the legal director of the Maine Civil Liberties Union. Can a pregnant woman convicted of a crime be sentenced to jail solely to ensure she takes prenatal vitamins, or stays away from junk food?

Women’s issues and reproductive-rights organizations, as well as those dealing with immigration questions, HIV status, and prisoner treatment, have also huddled to craft responses.

“It’s crazy that we live in a country where you have to be in prison to get health care,” says Ben Chin, the Maine People’s Alliance’s federal-issues organizer, who believes that if our immigration laws were reformed to allow people who are here to legalize their status, this issue would not even have come up. “She was here to work, she was contributing to the economy,” he says. Jailing her and sending her out of the country does neither her nor the country any good.

Peter Rice, legal director of the Augusta-based Disability Rights Center, notes that HIV-positive status is a disability under federal law, and says Tuleh “was imprisoned for her disability,” which is against the spirit of the Americans with Disabilities Act. (That law, however, does not specifically apply to federal judges handing down criminal sentences.)

Another curious wrinkle to this case: federal prosecutors objected to the sentence, and have appealed it to the 1st Circuit Court of Appeals in Boston, which is expected to hear arguments by August. “I’ve never heard of a prosecutor appealing” when the judge’s sentence is longer than the government requested, says Heiden. Both his organization and the Disability Rights Center are considering supporting the appeal.

Paula Silsby, the US Attorney for Maine, declined to comment, saying it was an ongoing case. Judge Woodcock did not return calls seeking comment.

Thursday, June 4, 2009

Keeping faith: Piers Paul Read looks inside the Church

Published in the Portland Phoenix

His publicist calls Piers Paul Read "the anti-Dan Brown." She's capitalizing on a buzz-worthy name, sure, but it's a fairly insightful description of a man whose latest book, The Death of a Pope, explores not the Brownish theme of the Catholic Church secretly at work in world affairs, but rather its inverse — how worldly factions seek to transform the traditionalist Church through its cloistered traditions.
Read is best known to a generation of readers as the author of Alive: The Story of the Andes Survivors (J.B. Lippincott, 1974), about the high-mountain plane crash that killed several members of a Uruguayan rugby team; the survivors, strengthened by eating the flesh of their dead friends, made a nearly impossible trek to civilization and rescue.
"I had quite a sheltered upbringing," says the soft-spoken Englishman, who stopped through Maine last week for a reading in Augusta (but, oddly, not in Portland). As a young adult, he says he was "very revolutionary," promoting Marxism in Latin America, but came to doubt whether his socially disruptive efforts would really help people in need. That period in his life both was part of, and deepened, his quest to overcome insularity by inquiring deeply into the outcomes of efforts by those who claim to know the ultimate unknowable, God's will.
His understanding of that struggle lends a quiet weight to the smooth, quick readability of The Death of a Pope. Set in the days between John Paul II's death and the election of Benedict XVI, the book follows the forces swirling around the conclave of cardinals that selects a new pope, including conniving princes of the church, radical Catholic missionaries, and innocents who find themselves involved.
The end leaves much room for speculation about what comes next, but suggests an answer to the age-old question of whether salvation is earned by words, deeds, or faith alone.
The Death of a Pope | by Piers Paul Read | Ignatius Press | 225 pages | $21.95

Press Releases: Death knell

Published in the Portland Phoenix

Last week was a bittersweet week for the people who work at the Portland Press Herald and its sister publications. It is hard to fault them for the steps they took to try to preserve some semblance of the present, but we cannot avoid the fact that they have sounded the death knell both for the newspapers that employ them and the unions that represent them.

Which is not to say they had much choice. At a press conference announcing a contract agreement between the Portland Newspaper Guild and Richard Connor, the Bangor native who has been trying to buy the papers for the past year, guild president Tom Bell put a positive spin on things, calling the deal "a remarkable story." He is certainly right that without the agreement of his union and the several smaller ones involved with the company, the papers might well have closed altogether. But the price the unions are paying to avoid that fate is a cruel second-best.

Thanks to union concessions including a 10-percent wage cut to a new level that will be frozen for two years, a pension freeze, suspension of company 401(k) contributions, the papers are not closing. But they certainly will be changing significantly.

Even the unions themselves are speculating that more than 100 jobs will disappear (the unions hope they'll come through buyouts rather than outright layoffs, but that remains to be seen). What they are not saying, publicly at least, is that if that lowball number is real, union membership will shrink by 25 percent (the 500-employee company has just more than 400 union workers). And if more people's jobs go, the unions will be even smaller.

Collective power, already almost nil, will weaken further. Sure, those union members who keep their jobs get "sweat equity" in the form of 15 percent of any increase in the company's value. But there are no guarantees that the company will, in fact, gain value. And while the guild also gets three seats on the company's board of directors, that won't be a majority, and (depending on whether the board has seven or nine seats) may be an utterly powerless bloc.

In fact, in an ironic twist, the unions may end up in a position relative to Connor similar to where Knight-Ridder and now McClatchy have found themselves in dealing with the Blethen family: as minority owners who find out the results of important decisions only after they have been made.

It does remain, though, hard to blame the unions for trying. Many of those who voted for the new contract will lose their jobs — as will some who voted against it, presumably. But the people who remain will still be part of a union, and there is a principle they are upholding by attempting to defend the strength of numbers, even as they must realize the entity is a shadow of its former self.

Connor has been clearly in the driver's seat for some time now, and the unions' concessions only make him stronger. They have tacitly accepted his argument that union members have been overpaid and otherwise overcompensated in the past. Earning back any of the things they just gave up will be difficult, if not impossible: As an example, it will take at least eight years for any worker who survives the layoffs to return to his or her previous pay level — and that's true only if, after the two-year wage freeze, raises return to their previous 2-percent-per-year rate.

It will, then, be quite hard for the unions to counter any further claims Connor makes about what his company's financial needs are, and nigh impossible for them to effectively oppose anything he wants to try.

Thursday, May 14, 2009

After the battle: Where will same-sex marriage be in 2010?

Published in the Portland Phoenix

In a fast-moving and historic couple of days in Augusta (pity they don't move so fast on other important issues), the Maine Legislature last week approved same-sex marriage, and Governor John Baldacci ended weeks of speculation about what he would do by signing it that very day.

The bill is now slated to take effect 90 days after the close of this legislative session, or September 14. But opponents are widely expected to collect the 55,087 signatures required to bring the question to the ballot in either November or June 2010, setting the stage for what may be a pretty intense fight. That's the short term. But it's much less clear what will same-sex marriage will be like in Maine after the post-battle dust settles, say, in late 2010.

We asked few folks involved in the debate what they think. And a large number of them — whether they are for or against same-sex marriage — predict that most people won't really give it a second thought, even a scant 18 months from now. Among the remainder, the chief sentiment is that the degree to which same-sex marriage is controversial will shift with time, possibly resulting in a repeal of the federal Defense of Marriage Act (which limits federal marriage benefits to one-man-one-woman couples), subtle shifts in clerical practice, or both.

An expanding movement

"Gay and lesbian couples will be getting married," predicts Shenna Bellows, executive director of the Maine Civil Liberties Union, one of the organizations that led the drive for marriage equality in Maine. But, like a true activist, she doesn't see it ending there. "Some of those couples may start to look to the federal level to rectify the discrimination that's occurring federally," she says, adding that "Maine's success will inspire citizens of other states to advocate for equality." And on a personal note, "In 2050, I think that I'll be telling my grandkids about the most historic moment of my legislative advocacy, and they'll be bored. They won't be able to imagine a time when we discriminated against gays and lesbians," similar to how many young people today struggle to imagine discriminating against African Americans.


End of controversy

Like Bellows, Dennis Damon, the Democratic senator from Hancock County who was the lead sponsor of Maine's same-sex marriage law, expects the controversy will largely blow over, though there will remain pockets of people who don't accept it, "just like there are those probably in this nation who have never accepted desegregation."

Damon, a notary public who is allowed to conduct civil marriages under Maine law, says he has been pleasantly surprised to find that people have asked him to officiate at their same-sex marriage ceremonies. He says the law allows him to agree to conduct some, and not others, as he has previously decided individually whether or not he will conduct heterosexual marriages, and "I'm not worried about being sued" over those decisions, as some same-sex marriage opponents have suggested might happen.


Stronger traditional marriages

Damon finds what may be unlikely agreement from Bob Emrich, director of the Maine Jeremiah Project, which has opposed same-sex marriage, and which is leading the people's-veto effort. By late 2010, same-sex marriage will be overturned and not mourned, but rather considered "a fad that's passed by," Emrich says.

But some, he hopes, might say to themselves that they "really haven't taken marriage as seriously as we ought to," and will undertake both personal efforts to shore up their relationships and begin to demand that state government act to "stabilize families."


Clearer church-state divide

Reverend Deborah Davis-Johnson, pastor of Immanuel Baptist Church in Portland and a member of Maine's Religious Coalition for Freedom to Marry, thinks the boundary between church and state will continue to become clearer. "Likely people will have separated the religious ceremony of marriage from the legal ceremony," she says. Some of that may come, she suggests, from clergy who, in efforts to treat all couples equally, regardless of sexuality, will eventually decline to sign state-issued marriage licenses, choosing rather to conduct religious marriage ceremonies and send couples to state or local government representatives for the legal certification process.


End to 'marriage control'

Mark Henkel, founder of TruthBearer.org, an Old Orchard Beach-based group promoting "Christian polygamy," says conservatives will continue to object to same-sex marriage, and predicts they will ultimately come around to his perspective: that governmental "marriage control" of any kind should end. "Both sides are redefining marriage," he says, either as one-man-one-woman, or any-two-adults; both, he says, discriminate against polygamists. He hopes government will eventually get entirely out of determining what is or is not a marriage, so long as it is between "unrelated consenting adults."


Increasing acceptance

Betsy Smith, executive director of Equality Maine, a leader in the push for same-sex marriage, is mostly thinking about the referendum fight, which to her is an effort to protect "fairness and equality for all Maine families."

She sees hope as young people, who "don't understand what the big deal is" and quite strongly, as a demographic group, support same-sex marriage, grow into political power that will continue that protection. (She also predicts "a big boost" for Maine's economy in wedding tourism.)


No destruction

"I don't think it'll be anything anybody's interested in anymore," says Reverend Stephen Carnahan, pastor of the Open House Church in Portland and a member of the Religious Coalition for Freedom to Marry. "Everyone will have found that it doesn't actually cause Armageddon."

While opponents fear "the end of marriage in Maine," he suggests that what they will find is that "even if they still disagree with it, they'll realize that it's not going to destroy things."


'Ongoing cultural divide'

Marc Mutty, the public affairs director for the Roman Catholic Diocese of Portland, expects success for the people's veto effort he is helping to lead, but says it won't be the end of the road, saying gay-rights activists will continue to push for same-sex marriage, in Maine, in other states, and at the federal level. "I expect this to be an ongoing cultural divide for years to come," he says, though he hopes that the people's veto will end most of the political debate, at least for a while. And, for his part, Mutty hints that if the veto fails, there won't be a next step.


Mercurial influence

Predictions from Portland's Best Comic and Psychic

Brian Brinegar, voted Portland's Best Comedian by Portland Phoenix readers earlier this year, went non-comic (and succinct), citing philosopher Arthur Schopenhauer: "All truth passes through three stages. First, it is ridiculed. Second, it is violently opposed. Third, it is accepted as being self-evident."

Robin Ivy, voted Portland's Best Psychic by Portland Phoenix readers, checked with the skies and has this to add: "The gay-marriage decision was made on the eve of Mercury retrograde, so it's a pretty sure thing it will be revisited sooner rather than later. Mercury retrograde is all about retracing steps and rethinking decisions made. At the same time, though, Pluto in Capricorn is working for long-term restructuring and confronting structures that have been in place like governments and, yes, the tradition of marriage. I predict in 10 or 12 years there will still be opponents of gay marriage, but for the most part all different kinds of families will live side-by-side with bigger concerns and a need for community, and move beyond this as an issue. We may be dealing with alien life forms, environmental changes, and technology to preserve life in general. Okay, that may be extreme, but you get the idea. We will have other work to do by then."