Posts Tagged ‘agency’

DC Metro Bus Ad “Commendation” Equals “Complaint”

Monday, December 29th, 2008

A few weeks ago, I posted an article about the new DC Metro Bus anti-God ad campaign.
The Humanist DC Metro Ad Campaign

Since then, there have been a number of pro-God counter-campaigns in DC (God believes in You, and the Foolish Atheist campaigns). One of the issues many rationalists have had with the response to the humanist ads is not the counter-ad campaign, but, instead, the complaints lodged with the DC Metro. In my campaign watch article, I noted that the DC Examiner reported that 251 complaints had been filed against Metro regarding the humanist ads, but only a single compliment. I joined together with a number of other bloggers and readers to reply boldly to those complaints with a commendation to Metro for not judging ad content, and by doing so, upholding the First Amendment. Our take on the situation was that it was within the rights of the counter-campaigners to put up their own ads, with their pro-God content, but there is no justification for trying to coerce Metro into choosing sides based on the content of those ads — i.e., chilling free speech.

My compliment (which, in Metro lingo is “commendation”) stated:

Please accept my thanks for granting equal opportunity to both the religious and non-religious advertisers. I ride the metro daily, and it’s nice to see that Metro hasn’t stifled the speech of any side, and has played fair, despite controversy.

Also, if you could get the escalators working, that’d be great, too.

Lo and behold, I got a response from Metro! I’m certainly happy that they took the time to respond, but I’m rather disappointed with the tone of the response. See if you recognize what I’m talking about — the tone of the response suggests that I was lodging a complaint, not a commendation: (emphasis mine)

Dear Mr. [X]:

Thank you for contacting the [Z] Line team via e-mail regarding a specific ad in the Metro System. We appreciate hearing your views about this topic.

As a public agency, the Washington Metropolitan Area Transit Authority (WMATA) is constrained by the First Amendment with respect to accepting or rejecting advertising. WMATA makes no implied or declared endorsement of any ideology, product, service, or event by displaying advertisements in the transit system. We simply provide the medium for advertisers to use within the parameters of the First Amendment. We cannot reject an advertisement because an individual or group finds it offensive or inappropriate. In this instance, displaying the advertisement was consistent with the First Amendment and WMATA’s policy of remaining content-neutral.

As an individual, you may want to direct your commendation regarding this type of advertising to the advertiser. They are in the best position to explain their point of view and reason for the content.
I trust that this explanation will assist you in understanding the constraints within which WMATA’s administers its advertising program
.

Again, thank you for contacting the [Z] Line Team and we hope your future travel experiences on Metro are positive ones. To speak to a [Z] Line Customer Service Representative for Comments, Complaints or Suggestions, please call — weekdays between the hours of 8:00 a.m. – 5:00 p.m. You can leave a message at all other times or e-mail us at csvc@wmata.com.

If you ever need to speak with a Customer Information Agent for assistance with general questions, please call 202-637-7000; Mon-Fri. 6am.-10:30 p.m., Sat.- Sun: 7 a.m.-10:30 p.m.

Sincerely,

[Y]
[Z] Line Customer Service Representative

Notice how the third paragraph makes absolutely no sense? You may want to direct your commendation to the advertiser so that you can understand why Metro was “forced” (I mean, that’s kinda what constrained means) to post this advertisement that you’re commending.

Replace “commendation” with “complaint” in the letter above, and, voilà, it makes sense.

I wonder if Metro blindly stamped my commendation as a complaint, based, say, on some OCR text-recognition filing system that created an automatic stock response (adjusted to reflect the subject matter), and filed it neatly away in the ever-increasing pile of complaints about those wicked atheists.

I plan on calling to find out. Stay tuned.

-Procrustes

StOP

Bush Administration Makes Last Ditch Effort to Diminish Women’s Rights

Thursday, November 20th, 2008

Apparently the Bush administration just wasn’t satisfied with all the other steps they have taken to bring the government into our bedrooms and our doctors’ offices: blocking over-the-counter access to the morning-after pill, granting fetuses a higher legal status than women, likening abortion to terrorism, promoting ineffective abstinence-only education, and fighting congressional efforts to give aid to overseas groups that provide contraceptives.1  It wasn’t enough.  They had to make one last ditch effort to further diminish women’s reproductive rights.

Opposition is growing quickly to a Bush administration proposal which seeks to grant sweeping protections to health care providers who oppose medical procedures, such as abortion, based on their religious beliefs.  The proposed rule2 would prohibit entities that receive federal funding from discriminating against health care workers who refuse to assist in performing abortions or other procedures because of their religious beliefs.  It would also prevent hospitals, clinics, doctors’ offices and pharmacies from requiring any employee to “assist in the performance of any part of a health service program or research activity” financed by the Department of Health and Human Services, if that employee refuses because of religious or moral objections.3

Under the current laws, employers must make reasonable accommodations for employees’ religious practices, so long as those practices do not cause “undue hardship” on the business.  Under this new proposed rule, family planning providers could be forced “to hire employees who may refuse to do their jobs,” according to the Ohio Health Department.  Pharmacies have said this rule would make it legal for their employees to refuse to fill prescriptions for contraceptives and could “lead to Medicaid patients being turned away.”  The rule could also overturn state laws which require insurance companies to cover contraceptives and which require hospitals to offer rape victims emergency contraception, according to state officials.4

Among those in opposition to the proposed rule are the American Hospital Association, the American Medical Association, the National Association of Chain Drug Stores, a vast number of doctors, pharmacists, and hospitals, the attorneys general of 13 states, 28 senators, more than 110 representatives, and many other political leaders, including President-elect Barack Obama.  Among those supporting the proposal are the U.S. Conference of Catholic Bishops and the Catholic Health Association.5

Three officials from the Equal Employment Opportunity Commission, including its Bush-appointed legal counsel, Reed Russell, as well as members Stuart Ishimaru and Christine Griffin, are opposing the rule and have stated, along with other senior members of the commission staff, that their agency was not consulted at all before the proposal was issued.  The proposal was received by the White House Office of Management and Budget on August 21 and was approved the same day.  These officials have said the rule is unnecessary for the protection of employees and could potentially cause confusion for employers.  Mr. Russell pointed to Title VII of the Civil Rights Act of 1964,6 which already prohibits religious discrimination in hiring practices.   Mr. Ishimaru and Ms. Griffin issued a letter stating that 40 years of court decisions have “carefully balanced employees’ rights to religious freedom and employers’ business needs,” and that this proposed rule would “throw that entire body of law into question.”7

A line needs to be drawn.  If your child needed a blood transfusion in order to survive, and your doctor happened to be a Jehovah’s Witness who believed that blood transfusions were forbidden by her God,8 would it be acceptable to you if she refused to treat your child?  Of course it wouldn’t.  You are welcome to believe whatever you want to believe.  You can believe that tiny, invisible faeries live underground and whisper your morals to you during the night.  Whatever floats your boat.  But as soon as you try to enforce those beliefs on me, I have a problem with that.  And the next time I go to the pharmacy to receive my doctor-prescribed medicines, be they contraceptives or otherwise, I expect those medicines to be provided to me, regardless of what my pharmacist believes about them.  

Download Procrustes’ Crappy Podcast of this Otherwise Excellent Article!

-Laura

  1. http://www.now.org/issues/abortion/roe30/record.html [<]
  2. http://www.hhs.gov/news/press/2008pres/08/20080821reg.pdf [<]
  3. http://blogs.wsj.com/health/2008/11/18/bush-abortion-proposal-raises-ire-of-health-groups-eeoc/ [<]
  4. http://www.nytimes.com/2008/11/18/washington/18abort.html?partner=permalink&exprod=permalink [<]
  5. http://www.nytimes.com/2008/11/18/washington/18abort.html?partner=permalink&exprod=permalink [<]
  6. http://www.eeoc.gov/policy/vii.html [<]
  7. http://www.nytimes.com/2008/11/18/washington/18abort.html?partner=permalink&exprod=permalink [<]
  8. http://www.religioustolerance.org/witness5.htm [<]

Fuck the FCC

Thursday, November 6th, 2008

The United States Supreme Court is currently about to uphold an FCC policy that arbitrarily and unconstitutionally fines broadcasters heavily for certain lingual slippage.1

Why?

Because the FCC thinks every time anyone ever says the word “Fuck,” everyone hearing the word will think about sex, and thinking about sex is bad. Also, every time anyone ever says the word “Shit,” everyone hearing the word will think about excrement, and thinking about excrement is bad.

What the FUCK, FCC? Are we in kindergarten? Are we a nation run by puritans? Certain people spend a hell of a lot of time and money to keep proper sex education (that actually informs students about their own God-given bodies) out of public schools because why? Because it’s offensive? Those same people spend a lot of time and money chilling free speech because, as FCC attorney Gregory G. Garre would say, those words are “patently offensive under community standards for broadcasting.” The word “Shit” is violative of the policy because it deals with excrement, according to the FCC argument. However, when asked by Justice Stevens whether, then, the word “dung” would also be violative, Garre responded that it wouldn’t… because it wouldn’t be patently offensive under community standards for broadcasting.

So, here we are again, dealing with another confusing and circular argument. Goes like this:

X evokes images of Y.
We don’t like Y.
Therefore, we censor X.
Z also evokes images of Y.
But we don’t censor Z, because, as stated above, we don’t like X.

What? Didn’t get that little bait and switch? Yeah, well, I’m betting that the Supreme Court (most of Bush’s lackeys, anyway) will ignore it. The way it works is that the FCC establishes a set of standards, and then justifies that set of standards in a variety of odd ways, and when any of those justifications are challenged, the FCC comes back with the defense that the standard should stay anyway… because it’s the standard. That’s exactly what Garre was saying in Court, and more than half the Court will just nod and agree. It’s not that they really agree, it’s just that some of them probably honestly believe that children need protecting, and they think that the FCC is doing the right thing to protect those children. That’s a sad state for the Supreme Court because that’s exactly what the right-wing entities that put those conservative members of that Court in place were trying to avoid — judicial activism. In other words, they’re not interpreting law in light of the Constitution, they’re making up law, and that law (or at least fealty to the FCC “law”)2 is unconstitutional, a violation of the First Amendment.

In a feeble, but honorable attempt to protect free speech, the attorney for (surprise) the Fox TV network, Carter G. Phillips, told the Court that ultimately by allowing the FCC to continue the insanely high fines imposed on the utterance of a word, the Court would be allowing the regulation of the content of speech.

Read David Savage’s more detailed account in the LA Times, and protest the fucking FCC. (Even if you have to shit in a bag and leave it on their doorstep).

(Gotta love how this article will probably trigger even more at-work automatic blocking.)

Hey, if you know of any good “Protest the FCC” websites to which I can link, please post them. Thanks! One you should be aware of is the Electronic Frontier Foundation. Go check it out!

-Procrustes (what a shithead!)3

P.S. One of my favorite interviews of all time, Frank Zappa on Crossfire. Enjoy:

And props to Chrysophrase for suggesting “Fuck you Very Much, FCC” by Monty Python:

Joe Scarborough says “Fuck” on the air, immediately sets entire nation into state of sinful copulation.

Get the Podcast!

StOP

  1. My readers have liked the fact that I actually do research, and cite stuff. So, for your reading pleasure, here are the oral arguments that took place November 4: http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-582.pdf. Of course, I say that the Supreme Court will decide to uphold the policy, but I can’t know that for sure. (chuckle). A good resource to get caught up with this case is the Cornel University Law School’s Legal Information Institute bulletin on FCC v. Fox Television Stations. [<]
  2. Obviously the FCC can’t write laws, since it’s an executive agency, and executive agencies are only supposed to be able to enforce law, not make it. Well, unless they’re in the Bush administration, but that’s a longer rant. Anyway, the actual law that gives the FCC the ability to be such a shit is codified as 18 U.S.C. 1464. Broadcasting obscene language, and 47 U.S.C. § 503(b)(1)(D). Refer to Liibulletin in footnote 1 for a good overview of the case. [<]
  3. Does that evoke images of my head being made of poopie? [<]

More U.S. Anti-Contraception Coercion in Africa, Plus a Look Back on Bush’s Anti-Choice Legacy

Monday, October 6th, 2008

The Bush administration, in its last few months of power, hasn’t stopped its bulldozing of the concept of family planning. This past Thursday, the State Department and the U.S. Agency for International Development admitted to telling six African governments to stop giving the Marie Stopes International family planning organization U.S.-donated contraceptives that the organization would have distributed to the African populations.1 This is a move that further endangers poor African women and girls. First, this is indicative of the Bush administration — not really a surprise. However, what is a surprise is that this issue is not something that has been brought up in the current campaign for the presidency. Perhaps a question relating to family planning and funding will be asked at the next debate. (I doubt it, though).

This is just one of many of the Bush agenda’s anti-privacy, anti-choice attacks. Upon the brink of Bush’s departure, we should remember his maniacal legacy.

Bush was the first and only president to sign legislation outlawing an abortion procedure.2
Bush was the first also to criminalize a medical procedure.
Although six federal courts ruled the Federal Abortion Ban to be unconstitutional, the Supreme Court (in 2007, with two Bush appointees) ruled in favor of the ban.3

Bush signed the first federal law granting separate legal status to an embryo or fetus.4

Bush signed the Federal Refusal Clause, giving any health-care corporation permission to ignore any pro-choice law that ensures women have access to abortion services or referrals.5

Bush executed the Global gag rule,6 and then later expanded it.7

Bush has nominated three outspoken opponents of pro-choice to the Supreme Court (Miers, Roberts, and Alito).8

Bush made at least 73 nominations to the federal appeals courts, none of whom endorsed Roe v. Wade, though 19 were clearly anti-choice.9

Three executive branch nominations were anti-choice (John Ashcroft,10 Tommy Thompson,11 Michael Leavitt).12

Bush named at least 16 anti-choice activists to serve in various administration posts that oversee reproductive health (Sen. Tom Coburn, W. David Hager, Eric Keroack).13

Bush’s FDA took more than three years to approve emergency contraception for over-the-counter sales, although the agency’s own expert advisory panels voted 23-4 to recommend the move.14
The primary reason for the stall? A “minority report” written by none other than W. David Hager.15 Hager claimed that his report was “not written… from an “evangelical Christian perspective,” but from a scientific one.” And then went on to say, “”I argued from a scientific perspective, and God took that information, and he used it through this minority report to influence the decision. Once again, what Satan meant for evil, God turned into good.” 16

Eight Bush annual budgets have been anti-choice, cutting family planning program funds, promoting abstinence-only curricula, and extending discriminatory abortion restrictions.17

Bush has spoken at eight annual “March for Life18 events, and has issued seven annual proclamations designating the Sunday closest to the Roe anniversary as “National Sanctity of Human Life Day.”19

The Bush administration ended 30 years of federal funding for a public health conference hosted by the nonpartisan Global Health Council, specifically because organizations with pro-choice positions were among the conference’s participants.20

Bush’s UN delegations have sought anti-choice changes to international agreements, promoting censorship and medical misinformation, and attempting to propose that “life begins at conception.”21

Recommended Reading:

The Globalization of an Agenda: The Right Targets the U.N. with its Anti-Choice Politics, Pam Chamberlain, PublicEye.org. http://www.publiceye.org/magazine/v20n1/chamberlain_globalization.html

Bush’s Other War (and related links), International Women’s Health Coalition. http://www.iwhc.org/resources/bushsotherwar/othernominations.cfm

Wikipedia: Fetal Rights. http://en.wikipedia.org/wiki/Fetal_rights

Other Resources:

http://www.prochoiceamerica.org/issues/bush-administration/
http://www.prochoiceamerica.org/issues/bush-administration/bushs-war-on-choice.html (Note that the general rundown of Bush’s legacy was taken mostly from this widely-distributed list, but the list was not footnoted and none of the assertions had citations or support. I personally researched and cited each assertion.)
http://msmagazine.com/news/news_results.asp?Body=appointment

  1. US cuts off family planning group in Africa, http://www.cbsnews.com/stories/2008/10/02/ap/preswho/main4496798.shtml and http://www.wtopnews.com/index.php?nid=116&sid=1490029 [<]
  2. http://www.whitehouse.gov/news/releases/2003/11/20031105-1.html [<]
  3. http://www.scotusblog.com/movabletype/archives/2007/04/court_rules_att.html [<]
  4. http://news.findlaw.com/hdocs/docs/abortion/unbornbill32504.html [<]
  5. http://msmagazine.com/news/uswirestory.asp?id=8647 [<]
  6. http://en.wikipedia.org/wiki/Mexico_City_Policy [<]
  7. http://www.africa.upenn.edu/afrfocus/afrifocus112805.html [<]
  8. http://www.iwhc.org/resources/bushsotherwar/judicialnominations.cfm [<]
  9. http://www.iwhc.org/resources/bushsotherwar/judicialnominations.cfm [<]
  10. http://msmagazine.com/news/uswirestory.asp?id=4716 [<]
  11. http://msmagazine.com/news/uswirestory.asp?id=4718 [<]
  12. http://msmagazine.com/news/uswirestory.asp?id=10617 [<]
  13. http://www.iwhc.org/resources/bushsotherwar/othernominations.cfm [<]
  14. http://www.washingtonpost.com/wp-dyn/content/article/2006/08/24/AR2006082400559.html [<]
  15. http://en.wikipedia.org/wiki/David_Hager [<]
  16. http://www.washingtonpost.com/wp-dyn/content/article/2005/05/11/AR2005051101812.html [<]
  17. http://www.womensenews.org/article.cfm/dyn/aid/1189/context/archive and http://www.globalhealth.org/news/article/6923 [<]
  18. http://en.wikipedia.org/wiki/March_for_Life [<]
  19. http://www.cnn.com/2003/ALLPOLITICS/01/15/bush.abortion/ [<]
  20. http://www.globalhealth.org/news/article/5830 and http://www.globalhealth.org/news/article/4450 [<]
  21. http://www.publiceye.org/magazine/v20n1/chamberlain_globalization.html [<]

Intolerable Tolerance

Monday, August 4th, 2008

What tolerance is and what it should be are two vastly different things in the world today. Tolerance is currently perceived as giving someone a free pass to act unethically if that person’s religion in any way supports that activity. Britain, for example, has made itself a prime target for this misinterpretation. By establishing such an obsequious policy, it has set a precedent that will make it more difficult to reverse the trend. For example, Sharia law has been becoming increasingly popular as an alternative to British criminal law,1 and Britain’s top judge has recently been slammed for remarking that Sharia law in the UK is unavoidable.2 Women in Britain have increasingly been wearing the traditional Muslim niqab, creating a disturbance to some (which shouldn’t really be a problem in itself) and a hindrance to others. For instance, an attorney who was wearing a niqab was told by a judge that she could not represent her client because the judge could not hear her through the veil.3 Even prominent atheist author Richard Dawkins asserts that teachers in British schools are afraid not to teach religious points of view, lest they be seen as racist.4

British citizens have raised a ruckus over the idea that the Muslim women who wear veils are segregating themselves and causing strife, while the Muslim women defend their right to wear the garments on the basis of faith and solidarity. Some argue that Britain has been too tolerant. Others argue it has not done enough to establish tolerance and multiculturalism. The problem is not whether Britain has been tolerant enough. The problem is that Britain and others have mangled the idea of what the concepts of tolerance and multiculturalism ought to mean, and in doing so, have sacrificed freedoms in the name of a god in whom they do not believe, and have established a dangerous precedent that threatens to mingle Islamic law with British law, creating an acceptance of cultural and religious customs that demean women and hold religious ideals higher than anything else.

If a third of British Muslims believe it is justified to kill in the name of religion, in order to defend that religion,5 what does that say about the Muslim respect for secular law?

Tolerance is not blind acceptance of all the characteristics of others. Tolerance is, or should be, accepting the cultural characteristics that do not create a material harm or potential harm to others. I don’t include “being offended” as a harm. If you’re an attorney, and you cannot do your job because your religious-based garb is getting in your way, it’s perfectly justifiable for a judge to tell you that you cannot continue in that state. If a raging drunk attorney tried to practice law, and had an honest and fervent belief that Dionysus was his personal god, would it be tolerable for a judge to allow him to continue?

Tolerance should be based on observable evidence of this potential to cause harm. In the blind acceptance of the acts and desires of the religious, there is a tacit acceptance that the unsupported claims of the religious are true and that anything that their deities “approve” of should be considered “good.”

However, on the flip side, we should not reject others for their choice of outerwear if it doesn’t have an actual, tangible, negative effect. Certainly, people will speculate and gossip about how the wearing of the burqa is an affront to our western way of life. But that’s pretty much how, fifty years ago, the dissenters in America saw Elvis, and in Britain saw The Beatles. Now those rockers are icons. Instead of just accepting what can be accepted, and rejecting what should be rejected (e.g., any form of law that is established based on a belief that a higher power created and imposed such law, or any inhumane treatment of women or others based on that law or culture), Britain is accepting everything, lest it appear intolerant, and establishing a state of paranoia and a culture of fear.

One might argue that it is the nature of our society to mingle religious and secular law, so why specifically target Islam as an undesirable influence? Although it is arguable that some Abrahamic religious ideals have been infused into western law by zealous religious lawmakers, that does not justify further deviation from secular government in the name of tolerance. We are slowly uprooting those “blue” laws, and the benefits of doing so reach across multiple beliefs as well as non-belief (because those laws tend to favor one narrow-minded point of view). We cannot blindly accept all religious opinions, lest we create impossible situations when two claims of “divine rightness” clash. Which “belief” will prevail? Tossing more religious-based law into the pot is counter-intuitive. We should, instead, worry about filtering out religion from our existing laws.

UPDATE:

Muslim quits over bare arm policy

A Muslim radiographer has resigned from a Berkshire hospital over the NHS’s “bare below the elbows” hygiene policy.

The unnamed agency worker claimed she was being discriminated against over her religious beliefs by the policies at Reading’s Royal Berkshire Hospital.

This included the Islamic teaching that women should cover the body in public.

The NHS dress code was introduced in January to combat superbugs such as MRSA. The trust said the policy was explained when she first began work.6

UPDATE II:

Banning of Geert Wilders from the UK is another example of blind tolerance.

A member of the Dutch Parliament who has compared the Koran to Hitler’s “Mein Kampf” and blamed Islamic texts for inciting the attacks of Sept. 11, 2001, and other terrorist atrocities was detained by immigration officials at London Heathrow Airport on Thursday and forced within hours to board a return flight to Holland.

His deportation had been ordered by Home Secretary Jacqui Smith on the grounds that his presence in Britain would be a danger to public safety.

The lawmaker, Geert Wilders, 45, had been invited to a showing at the House of Lords later Thursday of his 17-minute film, “Fitna,” which caused outrage in wide areas of the Muslim world last year after it appeared on the Internet.

[Article written by Procrustes and Velkyn]

  1. Sharia law is spreading as authority wanes, Telegraph.co.uk. http://www.telegraph.co.uk/news/uknews/1535478/ Sharia-law-is-spreading-as-authority-wanes.html [<]
  2. Sharia law in UK is ‘unavoidable’, BBC News. http://news.bbc.co.uk/1/hi/uk/7232661.stm [<]
  3. Muslims’ Veils Test Limits of Britain’s Tolerance, The New York Times. http://www.nytimes.com/2007/06/22/world/europe/22veil.html [<]
  4. Atheist Richard Dawkins blames Muslims for ‘importing creationism’ into classrooms, Fiona Macrae, Daily Mail. http://www.dailymail.co.uk/news/article-1041089/Atheist-Richard-Dawkins-blames-Muslims-importing-creationism-classrooms.html [<]
  5. One third of British Muslim Students: Killing in the name of Islam is acceptable, Religion News Blog. http://www.religionnewsblog.com/21867/one-third-of -british-muslim-students-killing-in-the-name-of-islam-is-acceptable [<]
  6. http://news.bbc.co.uk/1/hi/england/berkshire/7593827.stm [<]