Tonight's Rescue Rangers are shayera, Lousiana 1976, Alfonso Nevarez, dopper0189, jennyjem and grog.

• In the history of corporations pt 5, Lenny Flank focuses on the nature of corporations during the New Deal and through WWII. (Alfonso Nevarez)
• DParker takes us back 80 years to the unlikely events that marked the start of the civil rights movement in Great moments in criminal defense: the Scottsboro boys. (grog)
• goinsouth offers some thoughts on how to Change Your Life -> Change the World. (shayera)
• indiemcemopants doesn't think that certain Americans should have to bide their time until they are endowed with certain inalienable rights, and says, Just wait? NO. (jennyjem)
• erratic pens an evocative story of work with kids in low-income public housing: On positive conflict: James the Baptist. (grog)
• Disgusted by the barrage of Super Bowl Ads intended to convince viewers that men are hopelessly oppressed, cabaretic argues that Contrary to Some Voices, Masculinity is Not Under Attack. (Alfonso Nevarez)
• American Pie spots something suspicious in Defense Secretary Robert Gates rebidding of the contracts: Is Robert Gates Protecting a Criminal Enterprise? (dopper0189)
• SisTwo gives us her engrossing personal account of how and why she became The Salt-Free Me. (Louisiana 1976)

jotter gives us the day's High Impact Diaries: February 7, 2010, while virgomusic has Top Comments - A Heap of Coolness Edition.

Shamelessly self promote your diary or pimp for a friend in this Open Thread!

For those of you who have gone into campaign minutiae withdrawal, there is good news: The Wrap is back. With primaries on the horizon and the real world (aka my day job) interfering a bit, it looks like the Wrap will be a three day a week feature for the next few months. So, expect to see the Wrap on Mondays, Wednesdays, and Fridays.

And, on this particular Monday, there is MUCH to see....

THE U.S. SENATE

FL-Sen: High-Ranking GOP House Member Sides With Marco Rubio
In the latest sign that the GOP candidacy of Governor Charlie Crist is circling the drain, high-ranking House Republican Mike Pence has thrown his endorsement to insurgent GOP candidate Marco Rubio. Pence, you will recall, flirted with a Senate bid of his own earlier this month before standing down.

IN-Sen: The Coats Rollout Continues to...Well...Amuse
Former Republican Senator Dan Coats, who has decided to challenge Democrat Evan Bayh, is taking heavy incoming fire as he rolls out his campaign. Bad enough that the Senator-turned-lobbyist's firm lobbied for Yemen, but the DSCC quickly got on the board with an ad, complete with video, of Coats singing the praises of his home state...of North Carolina.

NV-Sen: Tarkanian, Now the Frontrunner, Makes Flub Caught on Tape
Recent polls, including one from Rasmussen late last week, make clear that Danny Tarkanian is the leading Republican in the race against Senator Harry Reid. Given that status, he probably doesn't want to get caught, on tape, accidentally getting Harry Reid and Ronald Reagan mixed up.

NY-Sen "A": Charles Schumer Likely To Get Serious GOP Opponent
To this point, all of the Empire State Senate talk has revolved around the seat held by freshman Senator Kirsten Gillibrand. That might change now, with the news that CNBC talking head Larry Kudlow is increasingly likely to make a Senate bid against Charles Schumer. Schumer, seeking his third term, might sweat at Kudlow's notoriety, but the recent polling (PDF) from Marist seems to put Schumer in good shape: they have him leading Kudlow 67-25.

OH-Sen: New Ras Poll Shows Dems Gaining on GOP Frontrunner
Republican standard bearer Rob Portman has a huge cash edge over both Democrats (Lee Fisher and Jennifer Brunner). His polling edge, however, might be dissipating. A Rasmussen poll released today has Portman leading either Fisher (43-39) or Brunner (42-38) by the same four-point margin. Brunner was closer than Fisher the last time Rasmussen polled the race, but Brunner's campaign is reeling a bit from the news that she raised less than six figures in the last quarter of 2009.

WA-Sen: Murray May Have Legitimate Oppo in 2010 From The GOP
Patty Murray has been confronted with a series of second-tier Republicans up to this point, but that may well be about to change. Don Benton, who has served Southwestern Washington in the state Senator for years and ran for Congress over a decade ago, is looking to get into the U.S. Senate race.

THE U.S. HOUSE

AZ-03: Field Firming Up in the Shadegg Open Seat
One of the final dominoes in the Arizona 3rd has fallen with the news that Shadegg staffer Sean Noble will not see his old boss' seat in Congress. The GOP field was probably too full, at any rate, with three state legislators and Paradise Valley Mayor Vernon Parker already in the race. On the Democratic side, Jon Hulburd has already raised an impressive amount of cash as the only announced Democrat in the field, while Phoenix Mayor Phil Gordon is still mulling it over.

CO-03: Dusty GOP Poll Says This Could Be Close Race
Here is a potentially interesting catch from DC's Political Report: a poll conducted back in December by Tarrance Group had three-term Democratic incumbent John Salazar only up two points on Republican state legislator Scott Tipton (46-44). Salazar has won easily in his last two House bids, but this is a district (on Colorado's Western Slope) which is pretty amenable to Republican candidates at the federal level. Also, the former GOP Congressman from the region, Scott McInnis, will be on the ballot as the likely GOP gubernatorial nominee, which might boost GOP turnout.

HI-01: Main Dem Contenders Stands At Two With Espero Announcement
Democrats got a break of sorts over the weekend with the news that Democratic State Senator Will Espero will not run for Congress. This is not intended as a slight to Espero, but is based on the peculiarities of Hawaii election law--the Spring's special election is an all-candidate affair, meaning that the Republican in the field (councilman Charles Djou) could emerge victorious given enough division in the Democratic Party's support.

KS-03: Democrats Suffer Major Recruiting Setback in Moore Seat
This has to be defined as a major blow for Democrats: when former KCK (Kansas City, Kansas) Mayor Carol Marinovich declined a Congressional bid a few months back, the assumption was that her successor, Joe Reardon, would make the race. Only he has also now declined to run, as well. This sends Democrats back to the drawing board in a race that is an open seat in swing territory.

NH-01: Has Guinta's Fade Opened the GOP Playing Field?
For most of 2009, the assumption was that the NRCC had coalesced around former Manchester Mayor Frank Guinta in his bid to take out sophomore Democrat Carol Shea-Porter. His weak campaign (most clearly marked by anemic fundraising) has apparently inspired a lack of confidence in his bid. One Republican, businessman Rich Ashooh, is already in, and now comes word that former GOP Committeeman Sean Mahoney is eyeing the race, as well.

RI-01/RI-02: Poll Paints Different Pictures For R.I. Dems
A new poll out today from Fleming and Associates for WPRI-TV shows that one Democratic incumbent in Rhode Island is in good shape, while the other is in seriously perilous shape. The safe Democrat is the 2nd district's Jim Langevin, whose re-elect stands at 42%, with his "replace" figure at just 14%. For longtime Democratic Rep. Patrick Kennedy, however, the picture is a little less certain. Just 35% say they'd re-elect Kennedy, while 31% are interested in replacing him.

TN-09: Cohen Again Target of Racial Campaign Appeal
Not that he isn't already somewhat familiar with the tactic, but Tennessee Congressman Steve Cohen (who is white) is again being hit by an opponent eager to use race as a campaign rationale in the heavily-black Memphis-based 9th district. Former Memphis Mayor Willie Herenton, who is making a somewhat quixotic bid against Cohen, said that African-Americans living in Tennessee should find it wrong that the state's Congressional delegation is all-White. He also seemed to strongly imply that fairness dictated that the 9th distict's representative should be African-American. Cohen dealt with similar issues in his last Democratic primary against Nikki Tinker.

RACE FOR THE HOUSE: Republican Girl Power!
Women make up a slight majority of the population and the electorate. Despite that, they only make up roughly 15-20% of the Congress in any given year. But those are huge numbers compared to the number of women in the NRCC's vaunted "Young Guns" program for campaign challengers. At present, that number stands at a cool 6.3%. That's right, just 4 of the 64 names on the list are women.

THE GUBERNATORIAL RACES

CO-Gov: Rasmussen Sees A Democratic Leader in Colorado
Rasmussen polls with Democrats in the lead are practically "Stop the Presses!" moments by now, so take note of this one. In the state of Colorado, Rasmussen has Democrat John Hickenlooper, Denver's Mayor, with a four-point lead over likely GOP challenger Scott McInnis (49-45). McInnis routinely led incumbent Democratic Governor Bill Ritter, and had a three-point lead over Hickenlooper in a January poll taken just after the Denver Mayor announced his candidacy.

MI-Gov: Dem Field Grows With Commitment From Bernero
It looks like Democrats are finally coming off of the sideline in the high-profile open-seat Governor's race in Michigan. Virg Bernero, the forty-something mayor of Lansing, has announced that he is running for Governor. Bernero is often referred to as a "populist", which might be a good approach in this campaign cycle. Other Democrats eyeing the race including House Speaker Andy Dillon and UM Regent Denise Ilitch.

NV-Gov: Reid Trails Sandoval, Leads Other GOPers
Here is another Rasmussen poll that is not particularly awful for Democrats. In Nevada, Clark County Commissioner Rory Reid, the only high-profile Democrat in the field, trails only former federal judge Brian Sandoval among the three Republican hopefuls for Governor that were tested. Reid trails Sandoval by a solid margin (45-33), but leads both North Las Vegas Mayor Mike Montandon (40-36) and embattled incumbent Governor Jim Gibbons (44-35).

NY-Gov: Paterson In Trouble? He Denies It
New York Governor David Paterson became a target for some salacious campaign gossip over the weekend. Reports began to surface early in the weekend that Paterson was about to be exposed for some pretty major league personal indiscretions, with the rumor that the New York Times was working on a bombshell piece. There was even a report late in the weekend that Paterson was contemplating either resignation or retirement. Today, though, Paterson lashed out at the press, denying all rumors and implying that he was still full speed ahead on running for re-election.

RI-Gov: Former GOP-Turned-Indy Leads in Deep Blue State
Could the Democratic embrace of Lincoln Chafee when he left the GOP and endorsed Barack Obama in 2008 be biting them on the behind now? In a deep-blue state like Rhode Island, neither major Democrat running for Governor manages to lead the former Senator in the latest poll by Fleming and Associates for WPRI-TV. State Treasurer Frank Caprio comes a little closer, with Chafee edging him 31-30, with Republican John Robataille well behind. Against Democratic state Attorney General Patrick Lynch, Chafee leads 34-23, with Robataille at 18%.

The White House released this statement on the passing of Rep. John Murtha.

Michelle and I were deeply saddened today to hear about the passing of Congressman John Murtha.  Jack was a devoted husband, a loving father and a steadfast advocate for the people of Pennsylvania for nearly 40 years. His passion for service was born during his decorated career in the United States Marine Corps, and he went on to earn the distinction of being the first Vietnam War combat veteran elected to Congress.  Jack’s tough-as-nails reputation carried over to Congress, where he became a respected voice on issues of national security.  Our thoughts and prayers are with his wife of nearly 55 years, Joyce, their three children, and the entire Murtha family.

Speaker Pelosi, who was very close to Murtha, has this statement:

“Today, with the passing of Jack Murtha, America lost a great patriot. He served our country on the battlefield winning two Purple Hearts and the Bronze Star. He served his country in his community winning the hearts of his constituents and served in the Congress winning the respect of his colleagues.

“On Saturday, he became the longest-serving Member of Congress from Pennsylvania, and one of the most distinguished. He is well-recognized as a champion of our national security; always putting the troops and their families first. He quietly and regularly visited our men and women serving our country who were injured to assess their needs and offer them thanks and encouragement. As proud Marine, he was always Semper Fi!

“The nation saw his courage writ large when he spoke out against the military engagement in Iraq – winning him the John F. Kennedy Profile in Courage Award. ... Dedicated to God and Country, and devoted to Joyce and their family, Jack Murtha was a giant. All who served with him were honored to call him colleague. I was privileged to call him friend.

“I hope that is a comfort to Joyce; their children, Donna Sue, John and Patrick; and their grandchildren that so many people mourn their loss and are praying for them at this very sad time.”

Roll Call has the reaction of his colleagues in Congress [sub req.]

Majority Leader Hoyer:

“Rep. Murtha served his country as a Marine in Vietnam and in Congress for more than three decades,” Hoyer said in a statement. “He worked hard for Western Pennsylvania and he consistently guarded the interests of our men and women in uniform. I offer my sincere condolences to his family.”

Chris Van Hollen:

“As a Marine who wore the uniform for 37 years, Congressman Murtha courageously fought in Vietnam. As Chairman of the House Appropriations Subcommittee on Defense, Congressman Murtha worked to ensure that our men and women in uniform and their families had the support and resources they deserve,” Van Hollen said in a statement.

Minority Leader Boehner struck a dignified and kind note:

“Today, our nation has lost a decorated veteran and the House of Representatives has lost one of its own.”

Boehner also reached out to Speaker Nancy Pelosi (D-Calif.), who had a close relationship with Murtha. “I also want to express my condolences to Speaker Nancy Pelosi, who valued Congressman Murtha’s advice and friendship. He will be missed.”

And his fellow Pennsylvanians:

House Administration Chairman Robert Brady (D-Pa.) said Pennsylvanians “should be saddened by the news that my good friend Jack Murtha died suddenly this afternoon. Jack’s shoes will not be filled because he was a one-of-a-kind public servant and a rare breed of American whose love of country ran as deep as anyone I know.”

Brady recalled how he would “kiss my friend Jack on the cheek” and “share a smile” each week before Congress adjourned.

“There is no smarter, tougher, kinder, funnier or more revered Member of the House of Representatives, and I will miss seeing him each time I walk on the floor,” he said.

Rep. Joe Sestak (D), another Pennsylvanian, praised Murtha’s “unyielding commitment” to his constituents and said he most admired Murtha’s decision to run for Congress after returning from Vietnam.

“He holds my greatest respect for the courage he showed in serving as a United States Marine and subsequently becoming the first Vietnam combat veteran elected to Congress. In doing so, he gave a voice to millions of men and women who fought in an unpopular war and were not afforded the respect and care they earned and deserved,” Sestak said in a statement.

Sen. Arlen Specter (D-Pa.) said Murtha was “a public servant in every sense of the word and his passing is a great loss to all of Pennsylvania.”

There will be a special election to fill Rep. Murtha's seat, likely to be held on May 18 when the state has already scheduled federal primaries. According to Pennsylvania law, the governor has ten days following a vacancy to annouce the special election, and that election can be no sooner than 60 days from that announcement.

Shelby's blanket holds on pending nominees has apparently been lifted, just in time for Ben Nelson to step up to the plate and announce that he will join the Republican filibuster of Craig Becker's nomination to the National Labor Relations Board (NLRB).

Senate Democratic leaders needed the help of their entire 59-vote caucus, plus one Republican defector, to invoke cloture this Tuesday on Becker's nomination, which has awaited a full Senate vote since the summer of 2009. But Nelson's decision to oppose the White House's top candidate for the job seriously threatens those plans, as it now appears Democrats will not have the votes they need to proceed as intended this week.

Nelson outlined his objections to Becker's nomination in a statement issued late Monday, stressing he felt the former AFL-CIO lawyer would "take an aggressive personal agenda to the NLRB, and that he would pursue a personal agenda there, rather than that of the Administration.”

“This is of great concern, considering that the Board’s main responsibility is to resolve labor disputes with an even and impartial hand," Nelson added. "In addition, the nominee’s statements fly in the face of Nebraska’s Right to Work laws, which have been credited in part with our excellent business climate that has attracted employers and many good jobs to Nebraska. Considering these matters, I will oppose the upcoming cloture motion and the nomination.”

....

[T]he move could also carry significant implications for the NLRB itself, currently embroiled in a Supreme Court crisis that could render it temporarily unable to adjudicate labor disputes.

Only two members sit on the all-important panel -- Chairwoman Wilma Liebman, a Democratic appointee, and Peter Schaumber, a Republican appointee. The lack of a quorum has ultimately prompted the nation's high bench to question whether it should continue operating without additional members.

Because you don't want anyone who is pro-labor actually on the National Labor Relations Board, or even for labor disputes to be heard.

Thanks again, DNC, for stepping up to protect Ben Nelson with those anti-HCR ads. How's that half a million investment in defending him, when he's not even up for re-election this year, working out for you?

Update: On Shelby's holds, they are not all lifted, with some critical military nominations still held hostage.

They're no postmen:

With Washington still digging out from the weekend snow and expecting more snow beginning Tuesday afternoon, the House leadership put off votes set for Tuesday night, leaving the Congressional schedule for the week uncertain.

House officials said they would reassess Tuesday based on updated weather forecasts, but the decision means that scores of lawmakers will not have to try to return to Washington during the day Tuesday just as another storm was predicted to begin and with the region’s airports still recovering from being shut down over the weekend.

Congress is already scheduled to be out next week for a President’s Day recess and Democratic leaders would prefer not to lose this entire week. But another significant accumulation of snow, estimated at anywhere from 8 to 20 inches by Wednesday, could force them to cancel the remainder of the week and return at the end of the month. An announcement on plans was expected Tuesday afternoon.

Normally I'd make fun of them for being a bunch of wusses, but as anyone who lives in this area can attest, it's been a nightmare for travel ... nearly impossible to get around, even two days afterwards and now they're tossing another foot or so into the mix?

Unless they skip their President's Day recess -- and by the way, what part of "day" don't they understand -- we won't be seeing the usual inaction from Congress for another couple of weeks.

Come to think of it, it'll be business as usual ... with cocoa.

Talk to the hand. (Just FYI, the annual Blog Against Theocracy blogswarm is April 2-4.)

Open thread below...

If you miss the delectable power pop sounds of the Sixties and the complex melodic structure of the Beatles, you'll want to check out the Philadelphia music scene's beloved adopted son, Jim Boggia.

Like Alex Chilton, he's one of those cult figures, the kind we can't figure out why he's not a major star. If Paul McCartney married Brian Wilson, they might have given birth to Boggia. He writes gorgeous, hook-y songs that stay with you and his musical chops are impeccable, strong enough to get him guest spots with Will Lee's Fab Faux, the celebrity-studded Beatles tribute band.

I guess they can't figure out a marketing niche for him. (Psst, record executives: a funny, hipper Michael Buble with a guitar -- and better songs.)

Here's a Prefix mag review of his most recent CD, "Misadventures in Stereo":

To call Jim Boggia's Misadventures in Stereo a smashing power-pop success almost seems like damning it with faint praise; that is, if you think the term ?power pop? only encompasses a stylistic breadth that starts with the Raspberries and ends with the Romantics. However, if your definition extends instead to the somewhat more singer-songwriterly realms of Aimee Mann, Michael Penn, Matthew Sweet, et al, it may start to make more sense. Especially when you discover that Boggia's last album featured contributions from L.A. pop cult-hero Emitt Rhodes and Mann herself.

The Philadelphia-based artist's third album makes no bones about its influences; ?Listening to NRBQ? not only lives up to its title but even goes so far as to feature the Q's erstwhile leader, Big Al Anderson, on guitar. Elsewhere, echoes of the Beach Boys and Beatles abound. That said, Boggia is much more than simply the sum of his inspirations. His unerring melodic sensibilities canter in intriguing, unexpected directions through settings that match a musical sophisticate's knowledge of harmony with a pure popster's knack for gut-targeted hooks.

His voice doesn't do the material any harm, either; Boggia's possessed of a smooth, airy tenor that's shot through with soulfulness, enabling him to glide gracefully atop an elegantly arcing melody or deliver a visceral punch on one of the album's more rocking tracks. Misadventures in Stereo proves that its possible to pack a sharp pop bite and go deep into troubadour territory with surprising simultaneity.

There's no such thing as a bad Boggia album. They're collections of marvelous songs instead of two hits sandwiched into a bunch of filler. And he's a great live act, too.

DOWNLOADS: 90

PLAYS: 15

(James Roosevelt - selling dad's plan in 1937)

When FDR suggested changes be made in the Supreme Court, appointing as many as six additional justices instead of the usual nine, it was a hard sell. In fact it went down to a stinging 70-20 Senate defeat by July. But FDR did a huge sales pitch for the plan, including enlisting his son James to stump for its passage.

James Roosevelt: ? I believe you will come to the conclusion that the President?s proposal if the most effective way to make constitutional democracy work. It confers no new powers. It takes away no previously existing authority. It is unquestionably constitutional. It will enable the Chief Executive to carry out with quickness and dispatch all those measures which meet the cry for repair and restoration. To you and to me and to millions of others throughout our country, it will bring comfort in the thought that those evil years of eight, yes of even twenty years ago will not come back.?

I'm sure at the time most Republicans had coronaries over the thought of six additional judges, all appointed by FDR setting the laws of the land. No doubt the wave of fear and calls of Dictatorship ran up and down the ranks of the right wing like a flu epidemic. But I can only imagine what it would have been like, had those fifteen judges been in place around the time of Bush, or even Nixon for that matter.

The mind fairly reels.

Perhaps some things were best not to have happened after all.

Editor's Note: Journalist and crew member Kathryn Eident and scientist Jeremy Jacquot are traveling on board the RV Atlantis on a month-long voyage to sample and study nitrogen fixation in the eastern tropical Pacific Ocean, among other research projects. This is the first blog post detailing this ongoing voyage of discovery for Scientific American.com.

20 00.0457S x 084'59.9745W [More]

Anyone walking into a smoker's abode can tell you that the traces of tobacco use don't vanish when a cigarette or cigar is extinguished. But just what happens to this "third-hand" smoke once the air has cleared--and can it still be harmful? [More]

Globally, roughly 13 million hectares of forest fall to the blade or fire each year. Such deforestation has long been driven by farmers eking out a slash-and-burn living or loggers using new roads to cut inroads into pristine forest. But now new data appears to show that, at least for the first five years of the 21st century, big block clearings that reflect industrial deforestation have come to dominate, rather than smaller-scale efforts that leave behind long, narrow swaths of cleared land. [More]

There's no right answer when someone asks you: " How old do you think I am ?"

Faced with such a dilemma, most of us aim low--erring on the side of flattery rather than honesty. But the truth is, accurately guessing someone's age is a difficult task, perhaps best left to amusement park workers and street performers.

FOR IMMEDIATE RELEASE               
CONTACT: media@aclu.org

ELON – The American Civil Liberties Union of North Carolina Legal Foundation (ACLU-NCLF) today announced the successful resolution of a federal lawsuit filed on behalf of John W. Paylor, a resident of Elon and a 55-year-old grandfather who was shot twice with a Taser by Elon police officers on June 18, 2006. The officers had surrounded the home of Mr. Paylor in order to serve him with a misdemeanor arrest warrant for using profanity on a public highway and for reckless driving. A videotape of the incident shows that Mr. Paylor was unarmed, in his underwear, and presented no threat to the officers. Nevertheless, an Elon police officer shot Mr. Paylor with a Taser, causing him to fall from his porch. Then, while Mr. Paylor was lying on the ground, unable to move from the shock of being tased and from the fall down his steps, the officer tased him a second time. Mr. Paylor has sustained permanent physical scarring from the incident. The ACLU-NCLF filed a lawsuit against the Elon Police Department and the individual Elon police officers involved on behalf of Mr. Paylor for excessive use of force in March 2009.    

A settlement agreement was finalized and executed this morning, and cooperating attorneys for the ACLU-NCLF have filed papers in court ending the lawsuit. Under the terms of the settlement agreement, the Elon Police Department will implement measures designed to prevent excessive and unnecessary use of Tasers in the future. In particular, Elon police officers will undergo improved annual training on a new Taser policy and on Elon's more general use-of-force policy.  Elon's new Taser policy must be consistent with policies in place in other North Carolina localities that include protections the ACLU believes are important to safeguard against excessive use of Tasers. For example, these policies prevent the use of Tasers against individuals, such as Mr. Paylor, who are not actively resisting officers. These policies also prohibit the use of Tasers against individuals, such as Mr. Paylor, who could potentially receive a secondary injury resulting from falling off an elevated location, and they also limit the number of times an individual can be tased.  Other settlement terms include the following: (1) the officer who tased Mr. Paylor will undergo additional use-of-force and Taser training at the North Carolina Justice Academy; and (2) the Elon Police Chief will instruct all officers that anyone with a personal interest relating to the subject of a misdemeanor warrant shall refrain from serving such warrant in person, unless safety or exigent circumstances require that person to be present. Additionally, the Elon Police Department made a $50,000 settlement payment to Mr. Paylor for his physical, emotional and constitutional injuries.

"I am happy with this outcome," said John Paylor. "What these officers did to me was wrong, and my hope is that this settlement will prevent others from having to suffer what I suffered at the hands of Elon police."

The lawsuit named as defendants certain individual police officers of the Elon Police Department, including Officer Harold T. Dunn, and contended that the officer used his Taser to retaliate against Mr. Paylor for a verbal exchange that occurred between him and Mr. Paylor the day before. The lawsuit further alleged that the other officers who were present failed to intervene to stop Officer Dunn's unlawful actions and therefore likewise violated Mr. Paylor's constitutional right to be free from excessive force. Finally, the lawsuit contended that the Town of Elon bears responsibility for its failure to properly train its officers in the use of Tasers and for a pattern and practice of permitting its police officers to employ Tasers in an excessive and reckless manner. After the lawsuit was filed, other Elon residents came forward and described instances in which they too had been tased unnecessarily by the Elon Police Department.

"We are happy with the settlement, as this was a flagrant abuse of authority by members of the Elon Police Department," said attorney Mark J. Prak, Cooperating Attorney for the ACLU-NCLF, who represented Mr. Paylor. "John Paylor did nothing to deserve this treatment as the police videotape clearly demonstrates. This was a case of an officer abusing his position as a police officer to satisfy his own ego."

The ACLU-NCLF is a founding member of the North Carolina Taser Safety Project, a coalition of nonprofit organizations advocating for the proper use of Tasers by law enforcement and for better training for officers on the weapons' potential risks. These risks are especially pronounced when used on certain vulnerable populations, such as children, the elderly, the disabled, obviously pregnant women, and people in certain situations that place them at greater risk of harm, such as people standing atop a flight of stairs – as Mr. Paylor was here – who are at risk of injury from falling if shot with a Taser. The Taser Safety Project produced a report in 2008 which can be found online at http://acluofnc.org/files/NotThereYet.pdf.
 
"Tasers are becoming increasingly common in North Carolina and across the country," said Katy Parker, Legal Director for the ACLU-NCLF. "It is important that as officers employ these potentially deadly weapons, they do so only when necessary and that they exercise restraint. These weapons are not toys."

Mr. Paylor was represented by Mark J. Prak, Charles E. Coble and Charles F. Marshall of Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P. in Raleigh, North Carolina, and C. Scott Holmes of Brock, Payne & Meece, P.A. in Durham, North Carolina, as Cooperating Attorneys for the ACLU of North Carolina Legal Foundation, as well as by Katherine Lewis Parker, Legal Director of the ACLU of North Carolina Legal Foundation. A copy of the settlement agreement is available upon request.

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

SIOUX FALLS, SD – The American Civil Liberties Union filed an amended class action lawsuit in federal court today to restore the voting rights of American Indians who were illegally disfranchised in the 2008 presidential election. The lawsuit was filed in the U.S. District Court for the Western District of South Dakota on behalf of Kim Colhoff, Eileen Janis and others, who attempted to vote in the election but were improperly removed from the voter rolls due to felony convictions. Because state law only disfranchises individuals sentenced to prison and both women were just sentenced to probation, election officials unlawfully took away their voting rights.

"Felony disfranchisement laws in South Dakota have a disproportionate impact on American Indians, who represent the majority of those convicted of felonies at the federal level," said Robert Doody, Executive Director of the ACLU, South Dakota Chapter. "Worse still, it's clear that confusion regarding the South Dakota felony disfranchisement laws has resulted in legitimate voters, even those who haven't been incarcerated for felony convictions, being purged from the rolls or denied the ability to register to vote or cast their ballots."

The lawsuit charges that South Dakota officials' illegal disfranchisement of individuals with felony convictions has had a disproportionate and negative impact on American Indian voters who are overly represented in South Dakota's criminal justice system. The lawsuit also contends that the removal of individuals' names from the state and county voter registration lists based on felony convictions for which they were sentenced only to probation violates their rights to equal protection and due process under the federal and state constitutions, the Help America Vote Act, the National Voter Registration Act and Sections 2 and 5 of the Voting Rights Act. The lawsuit names Secretary of State Chris Nelson, Shannon County Auditor Sue Ganje and members of the state board of elections as defendants.

The ACLU originally filed the lawsuit in February 2009 on behalf of Colhoff and Janis. The amended lawsuit filed today represents a class of individuals in South Dakota with felony convictions who were denied the right to vote despite the fact that they were never incarcerated.

Colhoff and Janis, both residents of Pine Ridge, South Dakota, registered to vote for the first time in 1974 and 1984, respectively, and remained on the voter rolls until early 2008, after they were each convicted of a felony offense and sentenced to five years probation but no jail time. Despite the fact that South Dakota only disfranchises those sentenced to prison, Colhoff and Janis were removed from the voter rolls without any notice and denied the right to vote at their polling places when they attempted to vote in the 2008 presidential election. In front of several other voters, election officials refused to allow Janis to cast either a regular or provisional ballot.

"I will never get the chance to go back and make my voice heard," said Janis. "It deeply disturbs me that my right to vote was taken away because of administrative incompetence. No one should be denied a ballot just because election workers don't understand the rules. It's really hard not feeling like a second-class citizen when one of my most fundamental rights has been stolen from me."

"What happened to our clients represents the tragedy that occurs when election officials do not know how to administer the law," said Nancy Abudu, senior staff attorney with the ACLU Voting Rights Project. "Not only did election administrators take away their constitutional rights, but they robbed them of the opportunity to participate in this historic election."

Attorneys on this case are Abudu, Bryan Sells and Laughlin McDonald of the ACLU Voting Rights Project; Doody of the ACLU, South Dakota Chapter; and cooperating attorney Patrick Duffy.

A copy of today's proposed second amended complaint in Janis v. Nelson is available at: www.aclu.org/racial-justice-voting-rights/janis-v-nelson-second-amended-complaint-pending-court-approval-requesti

An ACLU report providing a historical overview of systemic discrimination against American Indians, limiting their ability to participate in local, state and national elections, can be found at: www.aclu.org/votingrights/minority/41203pub20090930.html

More information about the ACLU Voting Rights Project is available at: www.votingrights.org

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

SAN FRANCISCO – The American Civil Liberties Union sent a letter to Fresno City College today demanding that the school ensure that all its health science classes teach unbiased and medically accurate information. According to students at the college, lectures by Professor Dr. Bradley Lopez, who teaches an introductory health class, often present religiously-based and anti-gay views as “science” or “fact.”

“I feel very let down by my school,” said Jacqui Mahaffey, a 24-year-old student who took Professor Lopez’s class. “I signed up for health science because I was interested in the subject, but what I got was hateful lecturing based on Professor Lopez’s personal beliefs. I am in school to learn, not to be indoctrinated with one professor’s religious views and anti-gay beliefs.”

The ACLU letter includes several examples of Professor Lopez teaching sectarian views and personal bias as “fact.” In recent lectures, Professor Lopez:

• Presented a slide listing “homosexual facts,” including that homosexuality is a “biological misapplication of human sexuality” and said that the “recommended treatment” is “psychological counseling” or “hormone supplements.”
• Presented LGBT people as a burden on and/or threat to society, claiming, for example, that anything but a heterosexual union provides a “one-sided foundation for raising children.”
• Presented bible passages as “empirical” evidence that life begins at conception in support of his assertion that abortion is murder and “the leading cause of death in this country” (because there are over a million abortions a year).
• Followed a slide on climate change in a presentation on “environmental health” with a slide containing a Biblical quote about the world ending in fire, and said “that is the real global warming we should be worried about.”
• Repeatedly referenced the Bible and used it as a teaching tool, for example assigning as homework a question as to Jesus’ genetic makeup.

“The college class room of a state school should be a welcoming environment for all students, and courses, especially health courses, should be based on objective and medically accurate information, not religiously-based bias,” said Elizabeth Gill, a staff attorney with the ACLU of Northern California. “While Professor Lopez is free to talk about his religious beliefs outside of the classroom, Fresno City College has an obligation to protect its students from religious indoctrination and anti-gay bias presented as ‘science’ or ‘fact.’ Professor Lopez’s health class fails students in both regards.”

The letter sent by the ACLU charges that because the classes are being taught at a publicly funded college, Professor Lopez’s lectures violate federal and state constitutional protections guaranteeing the separation of church and state. To satisfy its legal obligation to combat anti-gay bias, the letter also urges the school to mandate accurate and unbiased health instruction.

The ACLU’s letter, which is available here, gives the college until February 15 to explain how it intends to address the problem.

ACLU Says More Information Needed On Policy That Grants President Power To Target Americans Abroad

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org

NEW YORK – Director of National Intelligence Dennis Blair acknowledged in a congressional hearing on Wednesday that the U.S. may, with executive approval, deliberately target and kill U.S. citizens who are suspected of being involved in terrorism. The American Civil Liberties Union expressed serious concern about the lack of public information about the policy and the potential for abuse of unchecked executive power.
 
The following can be attributed to Ben Wizner, staff attorney with the ACLU National Security Project:

"It is alarming to hear that the Obama administration is asserting that the president can authorize the assassination of Americans abroad, even if they are far from any battlefield and may have never taken up arms against the U.S., but have only been deemed to constitute an unspecified 'threat.' This is the most recent consequence of a troublingly overbroad interpretation of Congress's 2001 Authorization for the Use of Military Force. This sweeping interpretation envisions a war that knows no borders or definable time limits and targets an enemy that the government has refused to define in public. This policy is particularly troubling since it targets U.S. citizens, who retain their constitutional right to due process even when abroad."

The following can be attributed to Jonathan Manes, legal fellow with the ACLU National Security Project:

"The American people have a right to know more about a policy that grants the president the unilateral authority to approve the killing of U.S. citizens. It is essential that more information be made available about who can be targeted for killing, who makes these decisions and on the basis of how much evidence, and whether lethal force can be used if arrest or capture are possible or have not been attempted. While there is little doubt that a U.S. citizen fighting for an enemy army could lawfully be killed on the battlefield in the course of fighting, this policy goes far beyond the ordinary parameters of battlefield combat. It appears to allow for the deliberate targeted killing of American citizens far away from any active hostilities, as long as the executive branch determines unilaterally that they meet a secret definition of who the enemy is."