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Nike Shareholders Want to Force Actions on Environmental and Worker Protections. They Face Long Odds.

2 months 2 weeks ago

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Update, Sept. 13, 2024: All of the shareholder proposals at Nike’s Sept. 10 annual meeting failed. Those asking for reports on pay equity and sustainability goals received the largest share, each garnering about a quarter of the votes cast.

When Nike’s shareholders convene in a virtual meeting room on Tuesday, they will hear from dissatisfied investors who hope to shift the company’s approach to climate change, gender equity and labor rights using one of the only tools they have: transparency.

They’re offering a record number of proposals to make the company investigate the problems they perceive and report the results publicly.

But if history is any guide, none of the investors’ proposals will pass.

Every one of the 18 Nike shareholder proposals to reach a vote since at least 1996 has been rejected, according to news archives and securities filings reviewed by ProPublica and The Oregonian/OregonLive. As in past meetings, Nike’s board of directors — the majority of whom are selected by a holding company for co-founder Phil Knight’s stock — opposes this year’s measures.

The demands being made of Nike come from investment funds whose customers wish to back companies that deliver on corporate responsibility, an effort sometimes labeled “environmental, social and governance,” or ESG. Their uphill fight at annual meetings reveals limitations to the influence of shareholder activism on corporate policy.

Among the five proposals that Nike investors will decide on are those asking the world’s largest athletic apparel brand to explain its failure to cut carbon emissions and to evaluate ways to improve working conditions in its supply chain.

Lisa Hayles of Trillium Asset Management, a Boston-based sustainable investing firm that owned $11.7 million in Nike stock as of June 30, said Trillium and others have been “stonewalled” by Nike on questions about labor rights, including allegations that two of its suppliers owe $2.2 million in unpaid wages at two Asian factories shuttered during the pandemic. Nike has said it’s found no evidence to support the allegations.

Hayles said she also wants to know why the company eliminated 20% of its employees working full time on sustainability. The layoffs, first reported by The Oregonian/OregonLive and ProPublica, were part of a broader cost-saving effort but went deeper than cuts of 2% companywide and 7% at Nike’s Oregon headquarters.

“It’s very disappointing to see this lack of response, lack of engagement from the company, coupled with what we know about the layoffs and restructuring of the staff working on sustainability,” she said. “It calls into question: What is the company’s commitment?”

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ProPublica and The Oregonian/OregonLive plan to continue reporting on Nike and its sustainability work, including its overseas operations. Do you have information that we should know? Rob Davis can be reached by email at rob.davis@propublica.org and by phone, Signal or WhatsApp at 503-770-0665. Matthew Kish can be reached by email at mkish@oregonian.com, by phone at 503-221-4386, and on Signal at 971-319-3830.

The proposals mainly aim to change Nike’s response to climate change and its handling of women’s and workers’ rights. They also include one from a conservative think tank challenging the company’s support of LGBTQ+ organizations.

Nike declined an interview request. The company said in a statement: “We greatly value the opportunity to engage with and solicit feedback from our shareholders, and we believe that maintaining an open dialogue strengthens our approach to corporate governance practices and disclosures.” The company said it did not engage with the conservative think tank.

The company’s annual meetings are required by law and play out with scripted precision. Investors elect Nike’s board and have a chance to submit questions to top executives. But they aren’t handed a microphone by someone passing through the audience. Unlike meetings of Warren Buffett’s Berkshire Hathaway, which draw thousands of people to Omaha, Nebraska, Nike’s meetings are virtual and succinct. Last year’s finished in under 41 minutes.

The activists have to make their case quickly. A two-minute, 58-second audio clip by one activist shareholder group in 2023 appeared to have been edited to remove pauses between sentences. It finished playing just seconds before the polls closed for shareholder voting.

An individual or investment group needs to own only $25,000 in company stock to file a shareholder proposal. For longer-term shareholders, that threshold drops to $2,000, which is roughly 25 shares of Nike. The company is worth about $120 billion.

Investors possess few other ways to force changes at publicly traded companies. The federal Securities and Exchange Commission does not permit investors to micromanage. They can’t require a company to pay men and women the same. But they can try to compel it to say whether it does. Even when investor-led proposals don’t advance, activists say, a public airing of concerns can sometimes spark impact.

In 2018, after The Wall Street Journal and others reported on allegations about a boys’ club culture at Nike, representatives of Trillium asked the company to set diversity goals. Trillium withdrew the proposal after Nike committed to engaging and subsequently announced additional plans to increase the representation of women in its global workforce. (The company faces a sweeping lawsuit, filed in the wake of the 2018 news coverage, from female employees alleging gender discrimination; the company has denied the allegations in court filings.)

Trium Sustainable Innovators, a London-based fund, is behind the proposal asking Nike to explain its record on climate change. The investors want Nike to study and report on why it missed many of its 2020 climate targets and subsequently abandoned some of the metrics. Nike hasn’t seen its emissions budge in the past decade, despite promises to sharply reduce them.

Pointing to Nike statements that consumer preference and marketplace demand drove the 2020 misses, Trium’s proposal says Nike appears “to absolve itself of responsibility” and could have influenced demand through pricing, supply volume and product visibility.

“They will need to pay for carbon emissions one way or another,” Raphael Pitoun, a Trium portfolio manager, said in an interview. “Being so slow in carbon transition is a mistake.”

Pitoun did not specify how much Nike stock Trium owns but put the investment fund’s stake at “a few million dollars.”

Trium wrote three letters to Nike in 2023, then filed the shareholder proposal after the investors said they did not get answers to their questions, including on a call with Nike. Pitoun described the shareholder proposal as the last step in a two-year escalation process.

Nike, for its part, said the report Trium wants would be duplicative, writing in a securities filing that while it is now working toward achieving its 2025 targets, it is “also striving to do more.”

Two groups that advise institutional investors on how to vote on shareholder proposals, Glass Lewis and Institutional Shareholder Services, recommended approving the climate proposal. ISS also recommended a yes vote on a proposed study of gender- and race-based pay gaps at Nike.

The climate proposal and the Trillium labor proposal also got a boost on Thursday after Reuters reported that Norway’s sovereign wealth fund, which owns a $1.05 billion Nike stake, is backing them. The fund is Nike’s ninth-largest investor, according to the report.

While proposals like the ones facing Nike this month have grown more common in American business, they continue to face long odds, said Douglas Chia, president of Soundboard Governance and a former corporate secretary of Johnson & Johnson.

Chia, who also teaches at Rutgers Law School, said of Nike: “Companies where founders, someone like a Phil Knight, own a huge chunk, it’s very difficult.”

by Rob Davis, ProPublica, and Matthew Kish, The Oregonian/OregonLive

Judge Orders Guardianship Firm to Return Thousands It Took From an Elderly Woman for Services It Never Provided

2 months 2 weeks ago

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Update, Sept. 16, 2024: Judith Zbiegniewicz said she received a series of checks after this story was published. One was from New York Guardianship Services, which paid her $5,400 in compliance with the court order mentioned in this article. Zbiegniewicz said the company’s check was dated Aug. 30, the same day that ProPublica reached out to NYGS for comment. Separately, Carrington Mortgage Services paid Zbiegniewicz $5,000 and her husband $2,500 to honor a prior housing court settlement, as per the same court order. The lender sent the checks late last week, following ProPublica’s inquiries.

A New York judge has ordered one of the city’s most prominent guardianship companies to return thousands of dollars to an elderly woman for the court-mandated care and oversight it failed to provide her.

Supreme Court Justice Lee Mayersohn wrote in an Aug. 8 decision that the company, New York Guardianship Services, billed Judith Zbiegniewicz monthly but provided “minimal services, if any” for years, including at the height of the coronavirus pandemic.

During that time, Zbiegniewicz, who was living under guardianship for depression and anxiety, said she and her husband spent a night on the streets, moved into a city shelter and finally found affordable housing on their own.

Zbiegniewicz and her decade-long journey through the state’s broken guardianship system were the subject of a ProPublica investigation earlier this year. The reporting showed how that system, which is plagued by chronic delays, lax regulation and minimal oversight, has failed to protect thousands of aging and sick New Yorkers who judges have declared incapable of managing their own affairs.

The people most affected are poor wards like Zbiegniewicz who have no friends or family willing to look after them — a group dubbed “the unbefriended” in industry parlance. To care for this group, the city relies on a network of nonprofits. New York Guardianship Services represented itself as one such group and was assigned by the court to be Zbiegniewicz’s guardian.

Despite its representations, NYGS, which serves hundreds of wards, is not actually registered as a nonprofit with state and federal authorities, ProPublica found.

For roughly a decade, the company paid itself from Zbiegniewicz’s bank account, even as she complained about deteriorating living conditions. The problems that she described — living with bedbugs, rats and no heat — persisted for years, and NYGS did little or nothing to fix them while it collected monthly stipends from her limited funds. She said that she eventually tried to reach Mayersohn to flag the neglect and hold NYGS accountable but that her attempts were unsuccessful. The judge’s secretary, she said, simply referred her calls back to the guardianship company.

That changed in June though, after Zbiegniewicz attended a hearing to formally dispute NYGS’ accounting — protests she had previously articulated in a letter to the judge. During a court appearance, she complained to Mayersohn about her time as a ward of NYGS. She said she told him that there was “no excuse for what they put me through.”

Mayersohn’s decision, informed by that hearing, requires the company to return $5,400 to Zbiegniewicz for some of the fees it took between January 2019 and July 2022, a stretch in which she effectively lived on her own outside the guardianship.

The order separately requires the bank that owned the rat-and-bedbug-infested Queens home where NYGS placed Zbiegniewicz to honor a prior housing court settlement, which it has yet to pay. Under the deal, the bank owes Zbiegniewicz $5,000. If it doesn’t pay, she can seek to reclaim the money in court, though Zbiegniewicz said she was skeptical that the effort and cost of doing so would be worth it. An attorney for the bank didn’t respond to a message seeking comment.

In an interview, Zbiegniewicz said that she was pleased with the ruling, but that she was more happy that Mayersohn finally heard directly from her. She also said that she wanted NYGS to be held to account for its actions.

“I got some kind of justice, but the justice would be if they would be taken out of guardianships completely because they do not do anything for the people,” she said.

As part of its reporting, ProPublica identified more than a dozen cases like Zbiegniewicz’s in which NYGS failed to meet the needs of those entrusted to its care. In one case, a woman who’d had two strokes was placed in a nursing home where she was left to sit in soiled diapers, a family member said. In another case, the company continued to collect payments for a man’s care even after he left the country and later died.

Brothers Sam and David Blau, who run NYGS, and a lawyer for the group did not respond to an email seeking comment on the judge’s decision. In response to ProPublica’s previous reporting, Sam Blau, the group’s chief financial officer, said that “we are accountable to the Court” and emphasized that the group’s financial paperwork was scrutinized by examiners who had the power to raise issues. He called the reporting “misguided, without full and proper context, filled with omissions and less than accurate information” but wouldn’t specify what his concerns were when asked. He declined to comment on any specific cases.

Zbiegniewicz credited ProPublica’s investigation for the judge’s action in her case — an uncommon occurrence in New York’s troubled guardianship system. But she also noted it took years of sustained protest on her part, a level of persistence that many ailing and elderly New Yorkers in guardianship cannot manage.

“I’ve done what I could, I feel good about it, the judge heard, you wrote things,” she said. “Maybe somebody will see and maybe somewhere, down the line, somebody will do something about it.”

by Jake Pearson

DOJ Reaches Agreement With Wisconsin Sheriff’s Office to Improve Services for People Who Don’t Speak English

2 months 2 weeks ago

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The Dane County Sheriff’s Office in Wisconsin has agreed to make a series of reforms meant to ensure that residents who speak little or no English can get the services they need.

The agreement with the U.S. Department of Justice resolves a civil rights inquiry that followed ProPublica reporting last year on how the sheriff’s office had mistakenly blamed an immigrant worker for his son’s 2019 death on a dairy farm. The reporting revealed that a language barrier between the worker and a sheriff’s deputy had led to the misunderstanding.

Under the Civil Rights Act, agencies that receive federal funding, such as the sheriff’s office in Dane County, cannot discriminate against people because of their country of origin or ability to speak English. The Justice Department said that there was no finding of discrimination against the sheriff’s office and that it “fully cooperated” with the inquiry.

As part of the agreement, which was signed over the past week, Dane County says it will finalize a language access policy that includes staff training, quality controls and outreach initiatives, and will undergo a period of departmental monitoring. The new policy — which has been in progress for months — will set standards on when deputies can use children, bystanders and tools such as Google Translate to communicate with non-English speakers. It also creates a process to ensure that, after an emergency situation is over, deputies can confirm the accuracy of information that was gathered via unqualified interpreters.

José María Rodríguez Uriarte, the father of the dead boy, said he was relieved to learn of the agreement.

“I think this will really put pressure on police to obtain clearer translations when they can’t understand a person,” he told ProPublica in Spanish. “A lot of us get into a panic when we’re pulled over by the police or when something happens because of the language issue; we don’t know if officers are truly there to help us or, on the contrary, to harm us. So this is a good thing.”

ProPublica’s reporting had found that a different worker had accidentally killed Rodríguez’s son, a precocious 8-year-old named Jefferson. That worker told ProPublica that it was his first day on the job and that he’d received little training before operating a skid steer, a large piece of equipment used on the farm to scrape up cow manure; he said he wasn’t aware the boy was behind him when he put the machine in reverse.

Deputies never interviewed the man, who like the boy’s father was a recent immigrant from Nicaragua and didn’t speak English. A deputy on the scene who considered herself proficient in Spanish interviewed Rodríguez, but she made a grammatical mistake that led her to misunderstand his account of what actually happened.

In a statement, Dane County Sheriff Kalvin Barrett said his office is committed to equality and inclusion. “By proactively addressing language barriers, we are fostering a more connected community where everyone can fully participate,” he said. Last week, the department posted a page on its website about its efforts to improve language access and included the material in six languages, including English, Spanish and Hmong.

The agreement is part of a Justice Department initiative intended to help law enforcement agencies overcome language barriers to better serve communities and keep officers safe.

“To serve and protect all communities in the United States, our state and local law enforcement agencies must be able to communicate effectively with crime victims, witnesses, and other members of the public who do not speak fluent English,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a statement.

The story of what happened to Jefferson brought unprecedented attention to the plight of the mostly undocumented immigrant workers who milk cows and shovel manure in America’s Dairyland. Local and state officials began calling for reforms. In the months after ProPublica’s investigation was published, county officials allocated $8 million to create new housing for farmworkers and established a countywide coordinator position to help all departments implement language access plans and engage community members with limited English proficiency. Jefferson’s parents also reached a settlement with the farm where he died and its insurance company, neither of which admitted wrongdoing. The case had been scheduled for trial but was resolved weeks after the story was published.

Since his son’s death, Rodríguez has been working on another dairy farm in the area. He said he hopes to return to Nicaragua in December to be reunited with his remaining son, Jefferson’s younger brother, Yefari. The boy is now one year older than Jefferson was when he died.

Help ProPublica Reporters Investigate the Immigration System

by Melissa Sanchez and Maryam Jameel

Ginni Thomas Privately Praised Group Working Against Supreme Court Reform: “Thank You So, So, So Much”

2 months 2 weeks ago

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Ginni Thomas, the wife of Supreme Court Justice Clarence Thomas, privately heaped praise on a major religious-rights group for fighting efforts to reform the nation’s highest court — efforts sparked, in large part, by her husband’s ethical lapses.

Thomas expressed her appreciation in an email sent to Kelly Shackelford, an influential litigator whose clients have won cases at the Supreme Court. Shackelford runs the First Liberty Institute, a $25 million-a-year organization that describes itself as “the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans.”

Shackelford read Thomas’ email aloud on a July 31 private call with his group’s top donors.

Thomas wrote that First Liberty’s opposition to court-reform proposals gave a boost to certain judges. According to Shackelford, Thomas wrote in all caps: “YOU GUYS HAVE FILLED THE SAILS OF MANY JUDGES. CAN I JUST TELL YOU, THANK YOU SO, SO, SO MUCH.”

Shackelford said he saw Thomas’ support as evidence that judges, who “can’t go out into the political sphere and fight,” were thankful for First Liberty’s work to block Supreme Court reform. “It’s neat that, you know, those of you on the call are a part of protecting the future of our court, and they really appreciate it,” he said.

Recording of a July 31 call between First Liberty Institute leadership and donors to the organization (Obtained by ProPublica and Documented)

On the same call, Shackelford attacked Justice Elena Kagan as “treasonous” and “disloyal” after she endorsed an enforcement mechanism for the court’s newly adopted ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice Ketanji Brown Jackson said she too was open to an enforceable ethics code for the Supreme Court.)

After the call, First Liberty sent a recording of the 45-minute conversation to some of its supporters. ProPublica and Documented obtained that recording.

Ginni Thomas did not respond to repeated requests for comment.

First Liberty Institute did not directly respond to ProPublica and Documented’s questions about the recording. Hiram Sasser, executive general counsel at First Liberty Institute, said in a statement: “First Liberty is extremely alarmed at the Leftist attacks on our democracy and judicial independence and is fighting to bring attention to this dangerous threat. It’s shameful that the political Left seems perfectly fine destroying democracy to achieve the court decisions they favor instead of working through democratic and constitutional means.”

The July 31 call led by Shackelford came shortly after President Joe Biden had announced support for a slate of far-reaching Supreme Court changes. Biden endorsed term limits for justices, a constitutional amendment reversing the court’s recent presidential immunity decision and a binding ethics code for the court’s nine members. Kagan’s comments came before Biden’s. She did not mention any of the structural proposals Biden endorsed.

On the donor call, Shackelford voiced strong opposition to various court reform proposals, including the ones floated by Biden, as well as expanding the size of the court. All of these proposals, Shackelford said, were part of “a dangerous attempt to really destroy the court, the Supreme Court.” This effort was led by “people in the progressive, extreme left” who were “upset by just a few cases,” he said.

Recording of a July 31 call between First Liberty Institute leadership and donors to the organization (Obtained by ProPublica and Documented)

This is not the first time that a spouse of a Supreme Court justice injected themselves into controversial political matters. Ginni Thomas sent dozens of messages after the 2020 election that echoed then-President Donald Trump’s baseless claims of election fraud. In messages to then-White House chief of staff Mark Meadows, Thomas said “Biden and the Left is attempting the greatest Heist of our History” and urged Trump to not concede the election. In emails to Arizona and Wisconsin lawmakers, she pleaded with them to fight back against supposed fraud and send a “clean slate of Electors.” She later wrote, “The nation’s eyes are on you now. … Please consider what will happen to the nation we all love if you do not stand up and lead.” (Thomas said in 2022 she regretted sending the inflammatory messages to Meadows.)

Martha-Ann Alito, the wife of Justice Samuel Alito, faced scrutiny for flying an upside-down American flag at the family’s Virginia home — a symbol used by the Stop the Steal movement that claimed the 2020 election had been stolen from Trump. The flag flew outside the Alito home as the Supreme Court was deciding whether to hear a case related to the 2020 election. (Samuel Alito told The New York Times he had no role in flying the flag. He said his wife did it in response to “a neighbor’s use of objectionable and personally insulting language on yard signs.”)

The push to change how the court functions grew after a series of ProPublica stories showed that wealthy Republican donors have showered Thomas and Alito with free gifts and travel that they failed to disclose. Following ProPublica’s reporting, Thomas amended past disclosure reports, and the Supreme Court adopted the ethics code, its first ever.

Thomas and Alito have said they weren’t required to disclose free flights or hospitality from friends.

First Liberty has been at the forefront of a decadeslong and successful effort to expand the First Amendment rights of religious groups, even as those interests can collide with other constitutional principles like maintaining the separation of church and state or providing equal protection for protected classes.

In the last several years, First Liberty has notched big victories. In June 2022, the Supreme Court’s six conservatives ruled in favor of several Maine families represented by First Liberty and the Institute for Justice, a libertarian-leaning legal advocacy group, when it struck down the state’s ban on using public funding to pay for religious schooling. Days later, the six conservatives ruled again in favor of a First Liberty plaintiff — in this case, a former football coach at a Washington state public high school who had been fired for praying on the field after games. The conservative majority said the coach had been wrongly removed from his job, a decision hailed by religious groups and criticized by some experts who said it would now be more difficult for public schools to keep education separate from religion.

First Liberty has also represented a bakery in Oregon whose owners refused to make a cake for a same-sex wedding, citing their religious beliefs; religious groups that opposed the Biden administration’s COVID-19 vaccine mandate; and nearly three dozen Navy SEALs and military members who refused to be vaccinated for the virus on the basis of their faith. In all the cases, First Liberty’s plaintiffs won partial or full victories in lower courts or at the Supreme Court.

Shackelford, who is First Liberty’s president and CEO, has led the group for nearly three decades. His influence extends into the broader conservative movement. House Speaker Mike Johnson, a former First Liberty attorney, once called Shackelford a mentor. Shackelford has served as vice president of the Council for National Policy, an umbrella group that brings together conservative leaders and deep-pocketed donors. He also works closely with Ziklag, the secretive network of ultrawealthy conservative Christians that aims to “take dominion” over every major sphere of influence in American culture. According to internal Ziklag newsletters obtained by ProPublica and Documented, Shackelford has participated in Supreme Court prep sessions and appeared on strategy conference calls organized by the group.

On the July 31 donor call, Shackelford kept the focus squarely on the mounting calls to reform the Supreme Court. In addition to Biden’s proposals, several groups, including prominent liberal legal outfits, have proposed other changes including term limits and stronger ethics guidelines. And earlier in July, the Brennan Center for Justice at NYU Law said it had received a $30 million gift from the private-equity investor Jim Kohlberg to create a new project that will “seek reform of the Supreme Court.”

Shackelford described all of this — Kagan’s speech, Biden’s announcement, the $30 million donation — as if it was a coordinated effort. “They’re doing everything in their power,” he told the donors. “They’re hitting from every direction.” The “extreme left,” he explained, was “upset by just a few cases, but that’s all they need to say, ‘We’re ready to totally’ — they would call ‘reform’ or ‘restructure’ the court — but almost everything they propose would actually destroy the court.”

Recording of a July 31 call between First Liberty Institute leadership and donors to the organization (Obtained by ProPublica and Documented)

He aimed his fiercest criticism on the donor call at Kagan. “That is incredible, somewhat treasonous, what Kagan did,” Shackelford said. “The chief justice rules the court. They’re trying to keep the other branches’ hands off of them. And then you’ve got Kagan from the inside really being somewhat disloyal and somewhat treasonous in what she’s doing.”

Shackelford accused ProPublica of being part of a campaign to “delegitimize or get rid of the court.” He said that the ethics lapses unearthed by ProPublica’s reporting were “false” and “baseless,” even though they helped spark the creation of a new ethics code and led to Thomas filing new financial disclosure forms, in effect admitting that he had failed to disclose certain gifts.

ProPublica stands behind all of the stories in its “Friends of the Court” series. Donors do not have access to stories ahead of their publication, and they have no say over coverage decisions.

Turning to what his donors could do to help, Shackelford said that prayer was at the top of the list. “This is a spiritual battle,” he said. “Because the evil that will occur if we lose the rule of law is beyond, I think, what any of us can even think through.”

Recording of a July 31 call between First Liberty Institute leadership and donors to the organization (Obtained by ProPublica and Documented)

But First Liberty needed more than prayer — it also needed money. “We need resources to be able to do a bunch of the things that will make a difference between now and the next six months. And that turned out to be key last time,” he said, referring to a similar instance in 2021 and 2022.

Near the start of the Biden presidency, he said, First Liberty raised $3 million to run a campaign that sought to block efforts to add more justices to the high court and to reform or eliminate the filibuster in the U.S. Senate. Getting rid of the filibuster then would’ve removed the 60-vote procedural hurdle that currently exists for most types of legislation.

According to Shackelford, First Liberty conducted polling, ran advertisements, worked with social media influencers and urged Congress to oppose these changes. In particular, Shackelford said, his group focused its activities on convincing Democratic Sens. Joe Manchin and Kyrsten Sinema to oppose filibuster reform.

In the end, both senators did just that. “We stopped this from happening,” Shackelford said. (Spokespeople for Manchin and Sinema did not respond to requests for comment.)

But now, he went on, First Liberty needed more money if it wanted to mount a similar campaign to stop Supreme Court reform. He mentioned the Brennan Center’s recent $30 million gift and then asked, “Where’s our, you know, $10 million guy or gal?”

And to anyone who wondered about the odds that Supreme Court reform would actually happen, Shackelford responded: “I don't know. I mean, 25%? 30%? Whatever it is, it’s amazing how big that is when you consider that our country will be over and the rule of law will be over.”

Before the call ended, Shackelford wanted his “very top supporters” to know that they had the support in this fight from key figures in high places. He said that a First Liberty staffer based in Washington, D.C., had recently been in a meeting with Ginni Thomas. Afterward, Thomas sent the email that praised First Liberty for joining the fight against Supreme Court reform.

“‘Great to meet through the meetings today,’” Thomas wrote, according to Shackelford, who read the email aloud to the donors. “‘I cannot adequately express enough appreciation for you guys pulling into reacting to the Biden effort on the Supreme Court,” she said, adding, “Many were so depressed at the lack of response by R’s and conservatives” to recent court-reform proposals. The rest of Thomas’ email, Shackelford said, was the all-caps gratitude.

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Do you have any information about the Supreme Court and efforts to block court reform that we should know? Andy Kroll can be reached by email at andy.kroll@propublica.org and by Signal or WhatsApp at 202-215-6203.

by Andy Kroll, ProPublica, and Nick Surgey, Documented

Judge Cannon Should Be Removed From Trump Case, Watchdog Group Argues in New Legal Filing

2 months 2 weeks ago

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Judge Aileen M. Cannon has shown bias in handling criminal charges against former President Donald Trump and should be reversed and removed from the case to “preserve the appearance of justice,” a public interest group argued in a legal filing on Tuesday.

The brief filed by Citizens for Responsibility and Ethics in Washington and joined by a retired federal judge and two constitutional lawyers is a direct legal assault on Cannon’s decision to throw out special counsel Jack Smith’s prosecution of Trump for alleged mishandling of classified documents. CREW is a nonpartisan open-government advocacy group that has been at the vanguard of fighting Trump in various legal battles.

The brief argues that Cannon’s decision “hinged on ignoring the plain text of four federal statutes,” dismissing “a landmark Supreme Court opinion confirming the Attorney General’s power to appoint a Special Counsel.”

CREW writes that “a reasonable member of the public could conclude, as many have, that the dismissal was the culmination of Judge Cannon’s many efforts to undermine and derail the prosecution of this case.”

In a stunning July 15 ruling, Cannon wrote that Attorney General Merrick Garland exceeded his authority by appointing Smith as special counsel without congressional approval and violated the Constitution’s separation of powers. “The Special Counsel’s position effectively usurps that important legislative authority,” she said. Critics say that decision was incorrect and disregarded years of legal precedent, including a landmark Supreme Court ruling.

Smith appealed her decision to the 11th U.S. Circuit Court of Appeals, but he stopped short of asking that Cannon be removed if the case is remanded.

Nancy Gertner, a retired federal judge from Massachusetts, was one of several parties who joined CREW as a friend of the court. She told ProPublica she decided after analyzing Cannon’s decision that it could not be explained by her caseload or inexperience.

“It was clearly bias,” said Gertner, who is a senior lecturer at Harvard Law School, citing repeated rulings from Cannon that were favorable to Trump’s attorneys. “And with this Supreme Court, there’s no ceiling. All precedents are up for grabs.”

Federal statutes governing reassignment of cases give appellate courts authority to ask the chief judge in a district to move the case if the original judge “has engaged in conduct that gives rise to the appearance of impropriety or a lack of impartiality.” The brief cites several precedents, but reassignment based on judicial bias is uncommon.

Cannon, 43, was appointed to the Fort Pierce courthouse in the Southern District of Florida by Trump in November 2020, after he lost the election to Joe Biden. She was randomly assigned to the Trump document-handling case in 2022.

In May, the circuit’s Judicial Council dismissed several misconduct complaints against Cannon, alleging that she deliberately slowed down the Trump case and that she should have recused herself from the case as a Trump appointee. The panel said it would not discipline a judge unless it found a pattern of slowness in numerous cases and did not require her recusal based on her appointment. At the time, Chief Judge William H. Pryor Jr. cut off what he called an orchestrated campaign that brought in more than 1,000 letters seeking her removal.

Cannon’s sudden decision to throw out Smith’s case came on the opening day of the Republican National Convention, and Trump praised her in his acceptance speech as a “highly respected federal judge” willing to stand up against what he has called Smith’s “witch hunts.”

Represented by San Francisco lawyer Steven A. Hirsch of Keker, Van Nest & Peters, CREW described Cannon’s decision to end the case as “the culmination of many efforts to undermine and derail the prosecution.” It cited a series of unprecedented rulings over many months in which Cannon appeared to create “a parallel legal universe for former presidents” and crossed the line “to active judicial interference and advocacy” for Trump.

CREW criticized Cannon for adopting a lone concurrence from Supreme Court Justice Clarence Thomas in an immunity case against Trump and, shortly afterward, rendering a 93-page opinion that echoed the justice’s position that Smith’s prosecutions violated the Constitution.

CREW details “dramatic and unusual” controversies during Cannon’s case that offer the appeals court “more-than-adequate grounds to reassign the case upon remand.”

The 11th Circuit has taken the unusual step of reversing Cannon twice during the course of the case, including a harsh rebuke in December 2022 of her decision to appoint a special master to screen classified documents.

Cannon approved the appointment of a senior federal judge in New York and various federal consultants to examine materials seized from Mar-a-Lago in Florida. Smith had complained to the appeals court that a special master was unnecessary and slowed down the prosecution.

“If the court reverses Judge Aileen M. Cannon’s ruling in this matter, it will be the third time in under three years that it has had to do so in a seemingly straightforward case about a former president’s unauthorized possession of government documents,” CREW argued.

If you have information about Judge Aileen M. Cannon you would like to share, please contact Marilyn W. Thompson at marilyn.thompson@propublica.org or call 917-512-0243.

Alex Mierjeski contributed research.

by Marilyn W. Thompson

The Accelerationists’ App: How Telegram Became the “Center of Gravity” for a New Breed of Domestic Terrorists

2 months 2 weeks ago

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This story is part of a collaboration between FRONTLINE and ProPublica that includes an upcoming documentary.

In late December, a 26-year-old construction worker in Sarasota County, Florida, used his phone to send a flurry of ominous online posts.

Alexander Lightner, tapping away on his Samsung Galaxy, announced his intention to commit mass murder, according to federal court records. He used the coded language of a new breed of neo-Nazis who call themselves Accelerationists. Lightner wrote that he planned to become a “saint” — the term followers use for someone who advances their racist cause through lethal acts of terror — and to set a new “Highscore,” or death toll.

Lightner launched what federal prosecutors allege were threats on Telegram, the sprawling, no-holds-barred platform that has become a hive for the movement. Accelerationists aim to speed the collapse of modern civilization and create a white ethno-state from the ashes of today’s democracies. Deep in the chatter of the platform’s roughly 900 million users, these extremists have created a constellation of Telegram channels where they encourage followers like Lightner to assassinate political leaders, sabotage power stations and railways, and commit mass murder.

A week after firing off his alleged threats on Telegram, Lightner woke up from a nap at his home to his father’s shouts: “Whoa, whoa, whoa. What’s this? Are these people here for us?”

Lightner threw an illegal, homemade silencer into a laundry basket, according to a summary of his interview with federal agents. Then he stepped into the sunlight. In his front yard, agents in camouflage and body armor pointed rifles at him. An armored vehicle faced his family home, its massive battering ram aimed at the front door.

An FBI agent asked Lightner if he knew why federal agents were at his door.

Lightner answered simply: “Telegram,” according to court records.

FBI bodycam video shows Alexander Lightner’s arrest at his Florida home. (Obtained by ProPublica)

Late last month, Telegram burst into the news with another arrest related to alleged criminal activity on the giant messaging and social media platform. This time, the man in police custody was the company’s founder, Pavel Durov. French authorities detained the Russian-born billionaire after his plane touched down at an airport a few miles north of Paris.

French prosecutors issued preliminary charges against Durov last Wednesday related to alleged criminal activity on his platform. The allegations include organized fraud, drug trafficking and possession of pornographic images of minors, as well as refusal to cooperate with authorities, according to a press release by the Paris public prosecutor.

David-Olivier Kaminski, a lawyer for Durov, could not be reached for comment. French news reports quoted him saying that it was “totally absurd to think that the person in charge of a social network could be implicated in criminal acts that don’t concern him, directly or indirectly.”

The platform Durov created has long been both applauded and derided for its extreme commitment to free speech and for rebuffing inquiries from both U.S. and foreign law enforcement agencies, which have sought to gather information about alleged criminal activity on the platform.

“They are exceedingly unhelpful,” said Rebecca Weiner, the New York Police Department’s deputy commissioner of intelligence and counterterrorism. Weiner, who oversees one of the world’s largest metropolitan counterterrorism units, said the platform was notable for “being a center of gravity for a wide range of extremist content” and for its “unwillingness to work with law enforcement.”

Telegram’s ease of use, its huge public channels and the ability to encrypt private conversations have helped fuel its global appeal. Ukrainian President Volodymyr Zelensky used the app to rally his compatriots to repel the Russian invasion. Activists in Hong Kong turned to Telegram to organize demonstrations against a repressive law. In Belarus, pro-democracy forces used the platform to fight back against election fraud.

But the platform has also served as the online home of the Russian mercenary company Wagner Group, which has posted gruesome videos of extrajudicial killings. In April, the British government targeted the Terrorgram Collective, a subset of Telegram users who promote racially and ethnically motivated terrorism to people like Lightner, making it a crime to support or belong to the group. And more recently, the service played a key role in fomenting the anti-immigrant riots that swept across the United Kingdom.

ProPublica and FRONTLINE have been investigating Telegram’s role in a string of recent alleged far-right acts of sabotage and murder, and how the company’s inaction allowed extremists to plan and even advertise their crimes. Researchers have long warned that Telegram routinely allows extremists to share propaganda aimed at inciting violence, noting that the Islamic State group and al-Qaida were able to use the service for years with little interference.

“Telegram plays a key role in the perpetuation of militant accelerationism,” said Michael Loadenthal, a research professor at the University of Cincinnati and director of the Prosecution Project, which tracks felony cases involving political violence in the U.S. The company, he said, “has shown that deplatforming violent and hateful content is not its priority.”

Before Durov’s arrest, a Telegram spokesperson responded to questions from ProPublica and FRONTLINE in messages on the platform. The spokesperson said that the company bars users from calling for acts of violence, adding that moderators remove millions of pieces of harmful content from the platform every day. “As Telegram grows, it will continue to solve potential moderation problems with efficiency, innovation and respect for privacy and free speech,” the spokesperson, who used the name Remi Vaughn, said in the messages.

Telegram CEO Pavel Durov in 2016 (Chris Ratcliffe/Bloomberg via Getty Images)

Yet ProPublica and FRONTLINE found that Telegram today is the main nexus of far-right Accelerationist crime. Law enforcement agencies on both sides of the Atlantic have interrupted a series of criminal schemes, including:

  • In July, a Georgian man accused of leading an Accelerationist terror group was arrested in Europe for allegedly soliciting people to carry out murders and bombings in the U.S. Michail Chkhikvishvili allegedly used Telegram to communicate and distribute his group’s propaganda and is facing charges in New York. He is being held in Moldova pending extradition, according to Wired. ProPublica and FRONTLINE could not locate counsel for him.

  • The same month, federal prosecutors charged an Accelerationist named Andrew Takhistov with plotting to destroy an energy facility in New Jersey. They allege he used Telegram to incite racial violence and share a how-to guide for white supremacist terrorism that included instructions on the use of Mylar balloons and Molotov cocktails to damage power substations. An attorney for Takhistov did not respond to a request for comment.

  • In June, Manhattan prosecutors announced charges against Hayden Espinosa, accusing the Texas man of selling illegal guns and firearm components through a Telegram channel aimed at white supremacists and Accelerationists. Espinosa allegedly used a contraband phone to sell weapons and gun parts while incarcerated in federal prison. He has pleaded not guilty.

  • A judge in England recently sentenced a British man to eight years in prison for plotting to carry out a suicide bombing at a synagogue. According to the Crown Prosecution Service, 19-year-old Mason Reynolds was “the administrator of a Telegram channel which shared far right extremist, antisemitic and racist views, as well as manuals on bomb building and how to 3D print firearms.”

  • Brandon Russell, a former leader of the Atomwaffen Division, a now-defunct neo-Nazi group tied to five murders, was charged last year with planning an attack aimed at disabling the power system in Baltimore. Russell and a co-defendant, Sarah Beth Clendaniel, used Telegram to organize the sabotage scheme, according to prosecutors. Clendaniel has pleaded guilty; Russell faces trial later this year. Attorneys for the duo declined to comment.

And then there is Lightner. U.S. prosecutors say in court filings that Lightner went to Telegram to discuss his plans to use a .308-caliber rifle to kill as many people as possible. He remains in jail awaiting trial on federal charges of making threats online and possessing an illegal silencer. He has pleaded not guilty. His attorney declined to comment.

Before Lightner’s arrest, he told an agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives that he was “blackout drunk” at the time of the posts, distraught over a bad breakup. “I was broken and really upset. And I went drinking, and then I did some stupid thing online,” he said, according to a recording of the conversation. He told other agents that he was not planning an act of violence but just wanted someone to notice him and care.

Lightner told federal agents that he started using Telegram in 2015, about two years after the platform launched. The online service grew steadily over the next few years, with the majority of users coming from outside the U.S. Then in 2021, Telegram’s growth exploded after its rival WhatsApp announced a new privacy policy. Some users feared WhatsApp was poised to begin sharing their confidential messages with parent company Facebook, now called Meta. In a Telegram post, Durov boasted that his platform was experiencing “the largest digital migration in human history,” claiming that 25 million new users joined Telegram in 72 hours.

That same month, in the U.S., Telegram got a bump in users when major social media platforms including Facebook and Twitter ousted former President Donald Trump and many of his most ardent supporters in the aftermath of the Jan. 6 insurrection. Today, Telegram is heavily favored by right-wing extremists, including QAnon followers, Proud Boys, militia members, and white supremacist groups like Patriot Front and the Active Clubs.

Axel Neff, who helped start Telegram, said the company’s core team of about 60 employees, 30 of whom are engineers, is too small to monitor the platform for criminal conduct. “Think about the size of Telegram. There are about a billion users on Telegram every month. A billion!” he said. “Telegram is a massive, massive community. … They are not staffed — and they do not have the capacity — to monitor everything that goes on there.”

Neff said it would be “professional suicide” for Telegram, which has marketed itself as a bastion of unfettered speech, to make a serious effort to moderate content. “I don’t think it is something [Durov] will ever do.”

The company’s privacy policy puts strict parameters around cooperation with law enforcement: “If Telegram receives a court order that confirms you’re a terror suspect, we may disclose your IP address and phone number to the relevant authorities. So far, this has never happened.”

Telegram ignores requests for information from government agencies that aren’t “in line with our values of freedom of speech and protecting people’s private correspondence,” Durov told Tucker Carlson in an interview with the former Fox News host earlier this year. Durov noted that Telegram refused to cooperate with the U.S. congressional committee probing the events of Jan. 6, 2021.

Telegram stores “very limited data” on its users, the Telegram spokesperson told ProPublica and FRONTLINE. “In most cases it is impossible for Telegram to access this data in order to provide it for the authorities,” the spokesperson said. “Police, governments and users are able to report content to Telegram they believe is illegal. Telegram processes these reports according to its terms of service.”

ProPublica and FRONTLINE found that much of the most disturbing content is posted in channels maintained by violent, right-wing Accelerationists, whose ideas have attracted neo-Nazis, Charles Manson admirers and anti-government revolutionaries.

The Terrorgram Collective, the group of Telegram users targeted by the British government’s crackdown, is an alliance of Accelerationists who use an ever-evolving array of Telegram channels to promote terrorism. The group has produced at least three e-books, including a manual celebrating white supremacist mass killers that court documents show was found at Lightner’s home in Florida.

David Skiffington, a former British counterterrorism specialist for London’s Metropolitan Police, said the “proliferation of extremist content” on Telegram “cannot be overstated.”

Other social media platforms such as Steam, Discord and Gab also host extremist-related content, Skiffington said. “But Telegram is by far the most widely used and accessible.”

Skiffington, who now runs the counterterrorism consulting firm DBA Insights, has been monitoring the Terrorgram Collective for years. He said the group’s influencers encourage “angry, white, lonely vulnerable individuals … to commit real-world acts of violence.”

It’s unclear how many people are part of the collective, though law enforcement has arrested individuals in Slovakia, Canada and the U.S. who are allegedly linked to the group.

In Florida, Lightner — or someone using his username, “Death.” — participated in at least 17 extremist Telegram channels, according to an analysis by Miro Dittrich, a co-founder of the Center for Monitoring, Analysis and Strategy, a German organization that studies online disinformation and extremism. Three of the channels were part of the Terrorgram network.

On the day of his arrest, Lightner was asked by a federal agent to explain his most explosive Telegram postings. At first, Lightner said he did not remember the online threats. But when a federal agent read the words back to him, Lightner said he had never seriously considered an act of violence. But he added that he knew that in making the Telegram postings, he was “playing with fire.”

Doris Burke of ProPublica and Tom Jennings and Annie Wong of FRONTLINE contributed reporting.

by James Bandler, ProPublica, A.C. Thompson, ProPublica and FRONTLINE, and Karina Meier, FRONTLINE

How LA’s Illegal Short-Term Rentals Hide in Plain Sight on Booking Sites

2 months 2 weeks ago

This article was produced in partnership with Capital & Main, which was a member of ProPublica’s Local Reporting Network in 2022-23. Sign up for Dispatches to get stories like this one as soon as they are published.

In the midst of an ongoing housing emergency, the city of Los Angeles has struggled to keep rent-controlled housing, which includes some of the city’s most affordable dwelling units, from turning into short-term rentals. Even though a 2018 law prohibits such conversions, enforcement has been lax.

“Except in a handful of cases, we’re not actually doing that enforcement work in a meaningful way,” said Los Angeles City Councilmember Nithya Raman, who chairs the council’s Housing and Homelessness Committee and is working on recommendations to tighten enforcement.

For locals who want to keep their neighborhoods residential or visitors who want to avoid inadvertently booking a unit that skirts local law, navigating the Wild West that is LA’s vacation-rental market can be a challenge. This story covers some signs to watch out for and offers a quick two-step guide you can use to make sure your potential home share — or your neighbor’s — isn’t an illegally converted rent-controlled apartment.

Legally, LA hosts can offer only their own “primary residences” for short stays, and only if those dwellings are not covered by the city’s rent-control law. (Some 660,000 housing units in LA are rent controlled, meaning annual rent increases are capped — usually at about 4% for existing tenants.)

The LA Home-Sharing Ordinance, which took effect in 2019, bars rent-controlled properties from being used for short-term rentals. (Document illustration by Capital & Main) Hiding in Plain Sight

In July, a Capital & Main and ProPublica investigation found that at least 63 rent-controlled buildings that were advertised on booking sites last spring were in apparent violation of the city’s Home-Sharing Ordinance.

The listings hide in plain sight on vacation platforms like Booking.com and Hotels.com, making it hard to distinguish legitimate rentals from those that operate illegally.

Banana Bungalow and Redline Venice are among more than a dozen LA establishments that look and operate like hotels but are classified as rent-controlled apartment buildings. (Screenshot by Capital & Main)

The news organizations found at least 15 rent-controlled buildings — including Banana Bungalow and Redline Venice — that used outdoor signs or online ads to brand themselves as hotels or hostels. According to city law, their rent-controlled status would make them ineligible for use as vacation rentals.

The owners of the 34-unit Banana Bungalow and the four-room Redline Venice didn’t return phone calls. Mark Wurm, the owner of the Venice Beach Hostel, said, “They have it wrong,” referring to the city’s classification of his building as rent controlled. Wurm said the building had long been used as a hotel.

Traditional home shares that don’t purport to be hotels, like those listed on Airbnb or other vacation platforms, also sometimes skirt the law.

One Renter’s Eye-Opening Experience

In May, Rhys Atkinson-Whipps, an Australian transplant, told Capital & Main that he entered LA’s short-term rental market when his apartment underwent major repairs. He said he booked several rentals for weeklong or shorter stays because he expected the repairs to be completed sooner than they were. Atkinson-Whipps, who works at a Hollywood shelter for homeless youth, said he found that the home shares he booked were not always what they seemed.

One listing promised an apartment in Hollywood. But after booking it, Atkinson-Whipps said, he learned it was in Koreatown — miles from where the listing said it was. He thought the bait and switch was sketchy. “You book one place and you turn up somewhere else,” Atkinson-Whipps said. “It’s like you have no power at all.” The listing has since been taken down, he said.

Sometimes listings display more desirable neighborhoods than their actual locations, with the correct details revealed only after booking. In other cases, properties are listed in neighboring cities to evade LA’s home-sharing rules, according to a report by Better Neighbors LA, a nonprofit watchdog group that monitors short-term rentals.

A Los Angeles resident said he booked what was listed as a “cute studio” at this rent-controlled building in Hollywood while his home was undergoing repairs. (Screenshot by ProPublica)

Atkinson-Whipps said he also rented a Hollywood apartment that Airbnb listed as a “cute studio.” It turned out to be part of a 14-unit building listed in the Housing Department’s database as rent controlled, which would make it off-limits for short-term rentals.

The owner of the building, which is on Harold Way in Hollywood, is listed as DND ES Properties. A man who identified himself as Edward Dratver, a manager of the company, denied that any of its units are listed on Airbnb. “No,” he said. “Something’s wrong. Some mistake,” Dratver said before quickly ending the call.

However, the apartment was advertised on the site in August despite Airbnb’s 2019 agreement with the city that it would remove illegal listings.

The number of Airbnb listings that aren’t registered with the city for home sharing is on the rise, up from 277 in August 2023 to more than 900 currently, according to Better Neighbors LA. The group cited its analysis of data from Inside Airbnb, a research and advocacy organization that is critical of Airbnb. A planning department report to the City Council noted that as of February, 58% of all the short-term rental listings in the city didn’t comply with city law. These buildings have typically received warning letters from the city planning department.

Airbnb declined to provide a response for this story.

Some Listings Include Fake Credentials

Hotels.com and Booking.com also feature a number of rent-controlled properties that appear to be ineligible for home sharing. But Capital & Main found that Booking.com — the third-largest vacation rental platform in the city — includes listings that say the properties are legally registered with the city for home sharing when they’re not.

Several Booking.com listings include nonexistent, expired or completely fabricated home-sharing registration numbers. Others include a “fine print” section in which hosts wrongly claim that a home-sharing registration isn’t required for their properties.

This loft on Hollywood Boulevard was advertised on Booking.com with apparently fake registration numbers. (Screenshot by ProPublica. Address blurred by ProPublica.)

A unit advertised on Booking.com as the “Savana Spectacular Loft” — an apartment in a rent-controlled building — appeared to have city permission to operate because the listing included three home-sharing registration numbers. But none of the registration numbers exist, according to the LA planning department’s home-sharing lookup tool. In fact, listing multiple registration numbers is likely an indication that something is amiss, because the city issues only one home-sharing registration per property owner.

A Booking.com listing included multiple nonexistent city registration numbers. (Document illustration by Capital & Main)

At Realty Center Management Inc., which manages the building, a representative said the company would not comment.

Booking.com did not respond to an email requesting comment on the registration numbers and the company’s procedures for determining if listings comply with local law. Media representatives at Hotels.com also didn’t respond to emails inquiring about listings of rent-controlled properties.

The registration number listed for this building on Booking.com is two digits too long to be an official city registration number. (Screenshot by ProPublica. Address blurred by ProPublica.)

A mile from the beach, the Booking.com listing for a “Venice Beach Gem” features mountain and ocean views and a tennis court.

The ad displays a Los Angeles home-sharing registration number, but it contains too many digits and lacks the required letters found in city-issued registrations. The units for rent on the site are located in a rent-controlled apartment building, according to the Housing Department’s database, and cannot legally be registered for home sharing.

The city fined the Venice Beach units’ owner twice in 2021 for advertising short-term rentals without an official registration. The fines haven’t been paid, according to the city attorney’s website of administrative citations. Still, the units were listed on Booking.com last month.

The property owner didn’t return Capital & Main’s calls.

In some cases, renters, not building owners, have been accused of listing illegal short-term rentals. LA City Attorney Hydee Feldstein Soto recently sued several people she says earned more than $4 million by leasing apartments for the sole purpose of offering unregistered short-term rentals, some of them in rent-controlled buildings. The defendants have denied the allegations in court filings.

Under the home-sharing law, booking platforms can be fined $1,000 per day for accepting bookings for properties that don’t have official registrations.

In 2022, the city settled a lawsuit against Vrbo for $150,000, accusing it of processing thousands of illegal bookings. The company agreed to remove illegal listings from the platform. A spokesperson for Vrbo’s owner, Expedia, said the company is working “to help drive a high rate of compliance with local laws.”

The City Council’s Housing and Homelessness Committee is expected to consider recommendations for improving home-sharing enforcement in September.

Meanwhile, for vacationers and locals who want to check the legality of a short-term rental, Capital & Main and ProPublica prepared a two-step guide to researching potential listings before you book:

How Can You Tell If Your LA Vacation Rental Is Legit?
  1. Find out if your rental is covered by the LA Rent Stabilization Ordinance by texting the letters “RSO” to the LA Housing Department at 855-880-7368 and following the prompts. If the property is subject to the Rent Stabilization Ordinance, it is likely not allowed to be rented out for short-term stays.

  2. Look up whether the rental is registered under the city’s Home Sharing Ordinance. You can find the property address or home-sharing registration number using the city’s records portal. If the unit is not registered, the owner has either not applied for the city-required registration or may have sidestepped the city’s rules on short-term rentals.

You can contact the LA Home Sharing Complaint Line to report a suspected illegal short-term rental at 213-267-7788 or email planning.home-sharing@lacity.org. The reporters at Capital & Main would also love to hear about any potentially illegal short-term rentals you find; contact them at info@capitalandmain.com.

Haru Coryne contributed reporting.

by Robin Urevich, Capital & Main

Our Editor Won a 6-Year Legal Battle. It Didn’t Feel Like a Victory.

2 months 3 weeks ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

Every fall, I spend an evening in my investigative reporting class extolling the virtues of searching court records. Lawsuits can shine a light on allegations of misconduct, discrimination or liability against businesses, powerful individuals and government agencies.

Legal filings and court hearings often reveal closely guarded secrets that individuals and corporations would rather remain outside the public record. Citing court records, ProPublica and the Atlanta Journal-Constitution recently reported on how a powerful Atlanta movie executive who had been lauded for his diversity efforts had shared racist and antisemitic views in text messages. (After the article was published, the executive sent a statement that included an apology and noted that the texts were never intended to be shared publicly.) We also relied on court records last year for a story about a litigator’s battle against Blue Cross and Blue Shield of Louisiana to pay for the proton therapy his doctor recommended to fight his throat cancer.

Over the past few years, however, I’ve had a unique vantage point: as a defendant who prevailed in a lengthy libel case.

I have always been careful to emphasize to my students that, while legal documents can be valuable, they contain a string of unproven allegations that need to be verified. Of course, some lawsuits end in verdicts against the defendants. But many are ultimately dismissed by judges or appeals courts or are abandoned by plaintiffs. Sometimes cases are settled because the cost of defending against them would be higher than paying for them to go away. Sometimes they are settled because a defendant accepts some responsibility. I always tell my students to make sure they know the outcome of any lawsuit they cite in a story.

My experience left me acutely aware how even when you win a lawsuit, you can still lose, and also how court records rarely tell the whole story.

In May 2018, Mike Hixenbaugh, then of the Houston Chronicle, and I wrote a series of articles about the troubled heart transplant program at Baylor St. Luke’s Medical Center in Houston. One of those articles was about a pioneering surgeon, Dr. O.H. “Bud” Frazier. As we reported, Frazier contributed to many breakthroughs in his quest to develop a permanent mechanical replacement for the human heart, but he also was accused of violating federal research rules and skirting ethical guidelines.

Frazier sued us in July of that year, alleging that the articles included errors and misleading statements “calculated to falsely portray Dr. Frazier as an inhumane physician.”

The lawsuit was dismissed a few weeks ago, six years after it was filed, after a Texas appeals court ruled that our investigation provided a “fair, true, and impartial account” of accusations against him.

ProPublica and the Chronicle’s parent company, Hearst, supported us throughout the litigation, which was incredible, but the process still took a major toll. Cases like these cost news organizations like ProPublica hundreds of thousands of dollars to defend against. Journalist defendants have to spend dozens of hours gathering materials and working with lawyers. And, in my case, I was denied a mortgage because I truthfully checked the box indicating that I was a defendant in a lawsuit.

More than that, I realized that the way defendants are portrayed by plaintiffs in court papers — callous, sloppy, wrong — can bear little resemblance to reality. For our story on Frazier, we reviewed lawsuit records. But, as I teach my students, we didn’t stop there. We also relied on federal inspection reports, medical journal disclosures, a report to members of the hospital’s board of directors and an array of interviews. And we reached out to Frazier and his lawyer, engaging in conversations and emails to ensure they would have a chance to respond to everything we said about him. We had recordings and transcriptions of some of our interviews, and we included links to many of our primary sources in the article itself. (Note to other journalists: I would strongly recommend this.)

This case also was a lesson in how lower courts sometimes get it wrong. I had long taught that rulings from judges can be a powerful way to validate facts, but my experience challenged those views, or at least added a big caveat to them.

We thought we were fortunate that the case was filed in a state that has a law barring lawsuits brought to silence public criticism. The 2011 Texas Citizens Participation Act allows for speedy dismissals of what the Texas Supreme Court has defined as “retaliatory lawsuits that seek to intimidate or silence (citizens) on matters of public concern” or “chill First Amendment rights.”

Two months after Frazier filed suit against us, our lawyers filed a motion in Harris County District Court to dismiss the case. After a hearing, the judge denied our motion and adopted the plaintiff’s findings of fact saying that “Dr. Frazier has met his burden of proving by clear and specific evidence his prima facie case of defamation and intentional infliction of emotional distress.”

Our lawyers filed an appeal, saying the court had erred in its decision. In January 2020, we won. The appeals court cited errors by the district court judge (who lost his reelection bid in 2018) and sent the case back for further proceedings. Frazier appealed to the Texas Supreme Court, but it didn’t take the case.

The case returned to the lower court in 2021, and the following year, a new judge once again ruled against us. Our lawyers appealed again. And in April of this year, the appeals court ordered the lower court to dismiss the case. That’s what happened on July 29 after Frazier’s lawyers filed a “notice of non-suit,” meaning they would not appeal.

The litigation wore on me. Not only did I have to scramble to get a new mortgage lender, but I also lost sleep, had trouble focusing and felt a pit in my stomach any time I received a note from our lawyers.

ProPublica, too, paid a price. Though we reached a settlement with Frazier in which he paid a portion of our attorneys fees (in that settlement we agreed not to disclose how much), our insurer still covered the vast majority of the cost — after we met the deductible. Our insurance rates have skyrocketed. All of our new cases carry a much higher deductible.

I reached out to David Berg, Frazier’s lawyer in the case, to understand how the lawsuit affected his client. In a written statement, he noted that Frazier, who was 78 in 2018 when the initial story was published, had a rapid heart rate three days after the article appeared, which sent him to the hospital. He also noted that two different judges had sided with Frazier.

“Those findings were reversed in the court of appeals, but the media winning a defamation action is hardly news,” Berg wrote. “What is news is what Bud accomplished in the operating room, as opposed to the courtroom, just last month, with a device that may well save millions of lives of patients with failing hearts.”

He also said in response to my question: “Mr. Ornstein inquired about the effect of the litigation on Dr. Frazier. The article haunts him. One can only hope that the rest of Bud’s life will contain even more awards and honors by his peers, and they are already legion; that’s what a doctor who has done so much deserves. Not malicious articles.” (You can read his full statement.)

Including the Frazier case, ProPublica and its journalists have been sued at least six times for libel and defamation since our start 16 years ago. We have not lost or paid money to defendants in any of them. In 2010, a federal judge in Louisiana issued a ruling that effectively ended a libel suit filed by a doctor mentioned in “The Deadly Choices at Memorial.” In 2016, a federal district judge in Phoenix threw out a case accusing us and the Center for Investigative Reporting of defaming a government contractor. In 2018, a Brooklyn judge dismissed a libel suit against two reporters related to a 2015 investigation into a group of for-profit nursing homes.

In 2023, a New York appeals court sided with a freelance journalist in a defamation suit about an article we ran chronicling the downfall of a Fortune 500 CEO. And this May, a Texas appeals court sided with ProPublica and The Texas Tribune in a disparagement lawsuit filed by a health care services company that was the subject of a 2020 article. Those two cases are still ongoing, and we’ll continue to defend our journalism.

Defending these cases required time and money, and ProPublica’s experience isn’t unique. In a 2021 op-ed in Columbia Journalism Review, D. Victoria Baranetsky and Alexandra Gutierrez described the fallout of a lawsuit against Reveal, run by the Center for Investigative Reporting: “Reveal will never be able to recover the time that could have been spent on reporting, or forget the stress that a multi-million-dollar lawsuit inflicts on its employees,” they wrote.

As I prepare for my investigative class this fall, I will once again highlight the value of reviewing lawsuits when researching an article. But I’ll spend a few extra minutes on my experience and the caveats.

Do You Have a Tip for ProPublica? Help Us Do Journalism.

by Charles Ornstein

Exec at Trump Media Jumped the Line for U.S. Visa After Company Lobbied GOP Lawmaker

2 months 3 weeks ago

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A congressman intervened to help former President Donald Trump’s social media company jump the line for a difficult-to-obtain foreign-worker visa to bring a company executive to the U.S., according to interviews and records reviewed by ProPublica.

A former staffer for Rep. Don Bacon, a Nebraska Republican, said the congressman personally instructed her to help Trump Media, even though she thought it was inappropriate to mix politics with the office’s constituent services duties.

“I specifically did not want to do this,” Bacon’s former director of special projects, Makenzie Cartwright, told ProPublica when asked about emails showing the lawmaker’s intervention. “It was specifically the congressman that suggested I needed to deal with it.”

“Thank you so much for your help on making sure we push this forward,” the company’s chief operating officer wrote to another Bacon staffer in January 2022, according to an email reviewed by ProPublica. “I will make sure to thank the congressman as well!”

Trump Media, which now accounts for roughly half of Trump’s net worth, presents conflicts of interests for the former president, according to ethics experts. While there have been concerns about donors and special interests seeking to curry favor with the Republican candidate for president, this is the first known instance of a politician helping Trump in a private matter involving his social media business.

And it shows that as Trump has presented himself as an immigration hawk, his company has sought special treatment to bring its own foreign executive to the United States.

His administration generally pushed U.S. companies to hire Americans over foreign workers and instituted policies that made it harder to secure visas for skilled workers. Trump’s current platform pledges to “strengthen Buy American and Hire American Policies.”

Trump Media’s relationship with the executive, a software developer in North Macedonia, began in part because American candidates for the same work were more expensive, according to a person involved.

Dan Berger, an immigration attorney who handles such cases, called Trump Media’s hiring of a foreign worker “hypocritical.”

“It got harder in every way possible,” he said of the visa cases he handled during the Trump administration. “It was just one thing after another.”

Before Trump Media reached out to Bacon’s office, the company had already helped get the executive, Vladimir Novachki, approved for the visa. But a backlog at the American embassy in the Balkan nation was causing severe delays in scheduling interviews for Macedonians to finalize the process.

Bacon’s office helped fix the problem for Trump’s company, according to the person involved. Last year, Novachki, who had moved to Florida, was named Trump Media’s chief technology officer.

Bacon’s intervention on behalf of Trump’s company came at the same time Trump was talking publicly about recruiting a primary challenger against the moderate Republican congressman.

“Is there favoritism being extended to the potential president?” said Virginia Canter, a former government ethics lawyer. “Was there some sort of concern of what happens if you don’t make the call?”

“It’s a classic conflict of interest,” she said.

It’s common for companies to ask members of Congress to help speed along such applications. But they typically do so when the applicant or company is based in the lawmaker’s district. Trump Media, headquartered in Sarasota, Florida, is far outside of Bacon’s Nebraska district.

In response to questions from ProPublica, Bacon’s spokesperson said the office was barred from discussing the details of the case because of privacy concerns, but said Trump Media was not given special treatment. The request, the spokesperson said, came from a Trump Media employee who lived in Bacon’s district.

“This case was not treated any differently than the hundreds of cases we process every year” at multiple federal agencies, the spokesperson said. “Politics don’t come into play for official congressional work.”

A spokesperson for Trump Media declined to answer detailed questions but said in a statement: “ProPublica has grotesquely manufactured this hit piece by fabricating statements, misusing stolen communications containing our employee’s private information, and maliciously insinuating wrongdoing where categorically none exists.”

The hiring of a foreign chief technology officer is part of a larger effort by Trump’s company to source labor abroad, interviews and records show. Trump Media has contracted with a foreign outsourcing firm, according to invoices, and multiple people based abroad list jobs at Trump’s company on their LinkedIn profiles, even as Trump has promised to “stop outsourcing” and “punish” companies that send jobs overseas.

A Trump campaign spokesperson said in a statement that “when President Trump is back in the White House, he will enforce our immigration laws and deport illegal immigrants.” The spokesperson added that “Trump has always been in favor of allowing in thoroughly vetted highly skilled immigrants who do not undercut American wages.”

A lawyer for Trump Media sent ProPublica a letter threatening a lawsuit and accusing the outlet of intending “to publish yet another hit piece on the company that includes false, misleading, and defamatory statements.”

Novachki got his start coding in grade school when he came across a textbook that taught basic concepts without requiring access to the internet. He went on to develop an app, called Skopje Taximeter, that allowed residents of North Macedonia’s capital city to use their smartphones to track their own cab fares.

But his biggest break came when he got a job at Cosmic Development, a Canadian IT and tech outsourcing company with offices in North Macedonia. The firm was co-founded by Chris Pavlovski, who also started the video platform Rumble, which has become a popular alternative to YouTube among American conservatives and which partners with Trump Media. Novachki quickly rose through the ranks.

As a Cosmic employee, Novachki, who didn’t respond to requests for comment, began working with Trump’s company in its early days. Pavlovski recommended him as someone who could build a prototype of the company’s Truth Social platform cheaper than American bidders, according to a person with knowledge of the process.

Trump Media and Novachki applied for a visa reserved for those with “extraordinary ability” in their fields, known as an O-1.

The Department of Homeland Security had approved his application, but before he and his family could come to the United States, they needed an appointment with the American embassy in North Macedonia to finalize the process. In January 2022, emails show, the embassy notified Novachki that his interview was scheduled for December 2023.

But Trump Media wanted Novachki in Florida sooner: “It is extremely important for Vlad to be in the United States so he can work side-by-side [with] other high-level technology executives to ensure our product and tech stack functions well,” one of its executives wrote in an email at the time.

One of Trump Media’s executives, Andrew Northwall, a Nebraska political consultant, reached out to Bacon’s office.

An aide to the congressman replied promptly, assuring the former president’s company that Bacon’s office would get to work: “We will follow up with the proper officials about your concerns.”

The request from the former president’s company came at a delicate moment in Bacon and Trump’s relationship. Bacon had supported Trump in both his presidential campaigns up until that point. But he was also willing to buck his own party at times, criticizing Trump’s actions during the Capitol riot on Jan. 6, 2021, for example, and voting for President Joe Biden’s infrastructure bill.

That vote prompted Trump to release a statement in January 2022 raising the specter of a primary challenge against Bacon that year: “Anyone want to run for Congress against Don Bacon in Nebraska?”

The emails from Trump’s company asking for help from Bacon’s office came a couple weeks later. Canter, the ethics expert, said the timing made the request more troubling, potentially increasing the pressure on Bacon to help. (No significant primary challenger materialized, but Trump did not support Bacon in his race.)

Records show Bacon’s office quickly went into motion, gathering the forms and rationales it would need to push the case forward with the State Department.

When ProPublica first reached out to Cartwright, Bacon’s former director of special projects, she initially said she had only a faint recollection about the case. She called back hours later unsolicited and in a brief conversation shared some details about her role. She recalled that someone had called the congressman to ask for his intervention and that the request was not treated like typical pleas for help from constituents.

“It was higher-level than your average Joe,” she said.

Cartwright did not say if she told Bacon or anyone else that she thought it was inappropriate for her to work on the request. She asked that the article not include her name, but ProPublica did not agree to that request.

The next day, a spokesperson for Bacon reached out to ProPublica and accused a reporter of harassing the former aide and of misrepresenting her statements about the Trump Media visa: “Ms. Cartwright has informed us she didn’t say this to you and that you twisted/misrepresented her words.”

Asked about that claim, Cartwright said in a text message “you misrepresented what I said” and said she worked hundreds of cases at Bacon’s office and all of them were “via the direction of Mr. Bacon, as we have been directed to help constituents.”

In his letter to ProPublica, the Trump Media lawyer said the company “utilized standard constituent services, offered and performed by every member of Congress to obtain legislative assistance in connection with Mr. Novachki’s visa application.” The letter added that portraying the company as “having acted inappropriately” would be “categorically false” and “defamatory.”

If Trump is elected again, not only would his companies potentially get an inside edge in influencing the government to further their interests, but ethics experts have also warned that his more than $2 billion stake in Trump Media could become a path to influencing him. Advertisers, vendors or investors who have political agendas could be in a position to use the social media enterprise to get favorable treatment.

Last month, ProPublica reported that the company quietly entered into a business deal with a major Republican donor who has interests before the federal government.

The Trump administration was sometimes hostile to the various types of visas reserved for skilled foreigners. Immigration lawyers complained during his term that visas with subjective criteria, such as the O-1, became more challenging to obtain. Vetting of an applicant’s acclaim in their field got more vigorous, they said. The Trump administration also stopped deferring to prior approvals for applicants looking to extend their visas.

Most significantly, in 2020 amid the pandemic, Trump enacted restrictions blocking entry to people seeking O-1 and similar visas. The Trump administration said the moves were made to slow the spread of the virus and protect Americans jobs during uncertain times, but immigration advocates alleged the administration was using the pandemic as a pretext to crack down on legal immigration.

Trump has at times expressed more openness to skilled immigrants. A couple months ago, for example, Trump said during a podcast hosted by Silicon Valley venture capitalists that he would allow foreign students at American universities to stay after they graduate.

Trump Media’s reliance on labor from abroad extends beyond Novachki. ProPublica obtained an invoice showing at least one other employee working for Trump Media through the foreign outsourcing firm Cosmic. The LinkedIn pages of five other people, who describe themselves as based in the Balkans, mention working for Trump Media in tasks including software engineering and customer support.

Cosmic did not respond to a request for comment.

Trump in the past has been accused of straying from his immigration platform in his own affairs.

Earlier this year, the Associated Press reported that Trump Media had successfully applied for an H-1B visa, a more common visa generally reserved for those who have specific degrees. The company told reporters at the time that the application was made by prior management and that current management “swiftly terminated the process” when it learned of it.

And Melania Trump, after she had married Donald Trump, sponsored her mother’s application to immigrate from Slovenia and get permanent residency in the U.S. Trump has criticized this so-called “chain migration” — immigrants applying to have their relatives follow them into the country.

“CHAIN MIGRATION must end now!” he once tweeted. “Some people come in, and they bring their whole family with them, who can be truly evil. NOT ACCEPTABLE!”

Do you have any information about Trump Media that we should know? Robert Faturechi can be reached by email at robert.faturechi@propublica.org and by Signal or WhatsApp at 213-271-7217. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.

by Robert Faturechi, Justin Elliott and Alex Mierjeski

Biden EPA Rejects Plastics Industry’s Fuzzy Math That Misleads Customers About Recycled Content

2 months 3 weeks ago

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The Environmental Protection Agency has taken the first ever federal action against a system that misleads consumers about the recycled content in plastic products.

A ProPublica investigation in June showed how the plastics industry uses a controversial accounting method called mass balance to advertise plastic products as 20% or 30% recycled even if they physically contain less than 1% recycled content.

It involves a number shuffle, done only on paper, that inflates the advertised recycledness of one product by reducing the advertised recycledness of another, often less lucrative, product. Done purely for marketing, it has been criticized by environmentalists as a greenwashing tactic.

According to an EPA policy released this month, companies that want the federal government’s stamp of approval for their sustainable products can no longer use such convoluted math.

The EPA’s Safer Choice standard is a voluntary program that allows manufacturers to affix a “Safer Choice” label to their dish soap, laundry detergent and other products. The roughly 1,800 products that have earned that distinction include household cleaners sold in grocery stores and more niche products like industrial carpet stain removers. Until now, the program’s criteria have focused on encouraging brands to reduce their use of toxic chemicals. But the updated standard, released on Aug. 8, strengthens requirements for sustainable packaging as well; plastic packaging must contain at least 15% postconsumer recycled content.

A key requirement: The content must be determined “by weight,” effectively forbidding the mathematical sleight of hand.

“This is the turning point” that will allow us to start killing the “hoax” of mass balance, said Jan Dell, a chemical engineer who founded The Last Beach Cleanup, a nonprofit fighting plastic pollution.

It’s the latest of several Biden administration actions to tackle the plastic crisis, which is smothering communities, oceans and even our bodies with toxic material that doesn’t break down in nature. Last month, the White House announced that the federal government — the world’s largest buyer of consumer products — would stop purchasing single-use plastic by 2035. Reuters also reported that U.S. negotiators would support global limits on plastic production in ongoing talks for a United Nations plastics treaty.

This EPA decision shows that President Joe Biden’s team is adopting more aggressive policies to curb plastic, said Anthony Schiavo, senior director at Lux Research. Schiavo’s company analyzes global trends in emerging petrochemical and plastics technologies.

The new requirement effectively shuts out of the program any product made through a much-heralded chemical recycling technology called pyrolysis, which ProPublica’s investigation revealed to be so inefficient that it cannot yield more than 10% recycled content. In practice, it yields far less. Mass balance has been key to marketing those products and the technology.

A prominent plastics industry trade group defended mass balance and cited its use in other products like paper and fair-trade chocolate. “Mass balance is a widely accepted accounting tool used by a variety of industries that would encourage more recycled content in the overall economy,” Adam Peer, the American Chemistry Council’s senior director of plastics sustainability, said in an email.

The EPA gives annual awards to participants that have done particularly well in its program. Those recognized in 2023, for instance, included The Clorox Co., Rust-Oleum, Ecos and Seventh Generation, which grew their inventories of less-toxic cleaning products and educated consumers about the Safer Choice program.

ProPublica asked these four companies whether it would be difficult to transition to plastic packaging that meets the 15% threshold. None responded to requests for comment.

The EPA did not comment directly on the policy’s implications for pyrolysis or mass balance. The agency instead referred ProPublica to comments it made last year to the Federal Trade Commission about mass balance, calling it deceptive and advising against promoting it. “It would be clearer to focus on calculations that involve the actual amount of material used,” the agency told the FTC.

After an earlier version of the EPA policy, posted in November, left the door open for the use of mass balance, activists including Dell warned the agency about the accounting method’s flaws. And a group of state and local officials, including the attorneys general of 11 states, shared similar reservations on how the EPA should define recycled content.

In response to those comments, the EPA wrote that the final policy was written to “respect this consumer expectation” that “products with labels indicating use of recycled content contain post-consumer recycled content.”

“Common sense has prevailed here,” said Peter Blair, who co-wrote the activists’ comments with Dell. Blair, policy and advocacy director at the environmental group Just Zero, said he was thrilled that the EPA’s final decision prioritized “truthful, accurate” labeling of recycled content for a program that’s not explicitly about plastic.

The activists’ campaign reflects the mounting pressure to scrutinize and regulate how plastic — especially plastic recycled via newer technologies — is marketed. European regulators have banned the most extreme version of mass balance. And the FTC is updating the Green Guides, which spell out how companies can advertise recycled content in sustainable products. Those officials, too, are considering whether to allow mass balance.

Blair hopes the EPA decision sets a precedent for where the federal government will stand.

by Lisa Song

Nonprofit Explorer Now Shows Which Organizations Are Trending

2 months 3 weeks ago

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When Congress held hearings in December 2023 to investigate allegations of campus antisemitism, they brought in the presidents of Harvard, the Massachusetts Institute of Technology and the University of Pennsylvania. At the same time, ProPublica’s Nonprofit Explorer got surges of traffic to pages for all three universities. When the same congressional committee held further hearings in April and brought in now-former Columbia University president Nemat Shafik, traffic to the university’s page on the site peaked.

When The New York Times published an article in August about the CEO of GLAAD’s pattern of lavish spending, including luxury travel and home office renovations, we noticed a corresponding spike in traffic to the page for the organization’s finances. It was the most-viewed organization on the site for two days straight. GLAAD spokesperson Rich Ferraro defended the organization’s spending, saying the trips were business expenses that furthered the group’s advocacy goals and the office improvements aided the CEO’s many on-camera appearances.

This is a pattern we’ve noticed again and again: When news about a nonprofit breaks, people turn to Nonprofit Explorer to check its finances themselves. Today, we’re adding a new feature, called Trending Nonprofits, to highlight those organizations that may be in the news or be getting shared a lot on social media. The feature, which will appear on the Nonprofit Explorer homepage, lists the eight organizations with the most unique views and will update multiple times per day.

Sharp temporary jumps in traffic due to breaking news events account for some organizations’ appearance on the list, but longer-term trends are also reflected. The Heritage Foundation, for example, was the most-viewed nonprofit for most of July thanks to ongoing reporting that dug into its controversial Project 2025 playbook, including ProPublica’s own release of Project 2025 training videos. The group did not respond to a request for comment.

The most consistently popular organization on Nonprofit Explorer is the Stephen Siller Tunnel To Towers Foundation, a nonprofit that’s notable for hosting large charity events like a 5K run through the Hugh L. Carey Tunnel to the former site of the World Trade Center complex. It has been the most-viewed charity for 120 days in the past year.

The organization’s stated purpose is to use donated funds to purchase homes for the families of fallen military service members and first responders. These types of activities get media coverage, which consistently puts them among the top three most-visited organizations on the site. Just as traffic to the organization’s Nonprofit Explorer page was slowing down in June of 2024, it shot back into the top position when The New York Times reported that the nonprofit was the primary source of revenue for former Mayor Rudy Giuliani’s internet show “America’s Mayor Live.” According to reports, the show brought in approximately $16,000 a month for one of Giuliani’s companies, and the former mayor was accused of attempting to conceal that revenue stream in bankruptcy court. A spokesperson for Giuliani told the paper he was “proud to partner” with the charity. Neither Giuliani nor the Tunnel to Towers foundation responded to requests for comment.

We know that reporters and others often use Nonprofit Explorer to research organizations, so to avoid letting a small number of people push a nonprofit onto the trending list, we count only unique visitors to an organization’s page. This means that repeated views from the same people will not cause a nonprofit to trend.

We hope you enjoy using the feature as much as we do. It can be a great signal that it might be time to go digging into a nonprofit further.

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by Brandon Roberts

What Mental Health Care Protections Exist in Your State?

2 months 3 weeks ago

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Accessing mental health care can be a harrowing ordeal. Even if a patient finds a therapist in their network, their insurance company can overrule that therapist and decide the prescribed treatment isn’t medically necessary.

This kind of interference is driving mental health professionals to flee networks, which makes treatment hard to find and puts patients in harm’s way.

ProPublica sought to understand what legal protections patients have against insurers impeding their mental health care.

Most Americans — more than 164 million of them — have insurance plans through employers. These are generally regulated by federal law.

Although the law requires insurers to offer the same access to mental health care as to physical care, it doesn’t require them to rely on evidence-based guidelines or those endorsed by professional societies in determining medical necessity. Instead, when deciding what to pay for, the government allows insurers to set their own standards.

“If insurers are allowed to home bake their own medical necessity standards, you can pretty much bet that they’re going to be infected by financial conflicts of interest,” said California psychotherapist and attorney Meiram Bendat, who specializes in protecting access to mental health treatment.

Federal lawmakers who want to boost patient protections could look to their counterparts in states who are pioneering stronger laws.

Although these state laws govern only plans under state jurisdiction, such as individual or small-group policies purchased through state marketplaces, experts told ProPublica they could, when enforced, serve as a model for broader legislation.

“States are laboratories for innovation,” said Lauren Finke, senior director of policy at The Kennedy Forum, a nonprofit that has advocated for state legislation that improves access to mental health care. “States can take it forward and use it for proof of concept, and then that can absolutely be reflected at the federal level.”

ProPublica reporters delved into the laws in all 50 states to determine how some are trying to chart new paths to secure mental health care access.

Many of the new protections are only just starting to be enforced, but ProPublica found that a few states have begun punishing companies for violations and forcing them into compliance.

Who Defines What Mental Health Care Is Necessary? Note: ProPublica included only states that had requirements specific to mental health coverage; we did not include states that had requirements only for substance use.

Insurers generally face few limitations on how they define what kind of mental health care is medically necessary. They often create their own internal standards instead of relying on ones developed by nonprofit professional medical societies. These standards can then be used to challenge diagnoses or treatment plans.

“Knowing the profit motive that insurers have, it’s really shocking that federal law doesn’t define medical necessity and require the use of nonprofit guidelines to make decisions,” said Bendat, who helped California legislators draft a more robust law that passed in 2020, becoming one of the first states to do so.

California’s law requires insurers to follow generally accepted standards of care for mental health and substance use conditions, forcing them to rely on evidence-based sources that establish criteria, such as nonprofit professional organizations or peer-reviewed studies. The state also barred insurers from covering only the treatment of short-term or acute symptoms, such as crisis stabilization, instead of the underlying condition, like chronic depression.

Last October, California found health care organization Kaiser Permanente in violation of the new state law and other health care regulations, reaching a settlement with the company, which agreed to pay a $50 million fine and make $150 million in investments in behavioral health care. A Kaiser spokesperson said that the company takes full accountability for its performance and that it had adopted new guidelines in line with the law. (Read their full response.)

A spokesperson for the state’s Department of Managed Health Care said the agency is auditing insurers and determining whether their networks offer enough providers to serve customers and whether they deliver timely access to care.

Nine states, including Oregon, Illinois and Georgia, have defined the clinical standards or criteria that insurers must use when making coverage decisions on mental health care.

Amid the opioid crisis, which has killed more than a million Americans, states have also instituted medical necessity protections for substance use treatment. For example, in Colorado, Maryland, Delaware, Connecticut and several other states, insurers must rely on guidelines from the American Society of Addiction Medicine when reviewing treatments for substance use.

How Can Insurers Challenge Mental Health Treatment? Note: ProPublica included states that had requirements for either mental health or substance use coverage. We did not include states that have these requirements only for autism coverage.

Before 2008, insurance companies nationwide could put more stringent limits on how often patients got mental health care compared with medical care, instituting more restrictive caps on the number of therapy sessions per year or the length of a stay at an inpatient facility.

The federal Mental Health Parity and Addiction Equity Act banned those harder limits. So insurers shifted to a different way to deny care. “They’re not going to just cover unlimited care, so they have to do something to limit utilization,” said Tim Clement, the vice president of federal government affairs at the nonprofit group Mental Health America.

Insurers say they conduct what they call utilization reviews, in which they can request and sift through therapy progress notes full of sensitive details, to assess whether providers are delivering appropriate care. However, providers, mental health care advocates and legislators have found that these reviews are often used as pretexts by insurers looking for a reason to dispute the necessity of treatment.

In recent years, at least 24 states have passed legislation to try to regulate how insurers conduct reviews of behavioral health care.

After the New York attorney general determined that insurers, including EmblemHealth, Excellus and MVP, had violated state and federal laws with their reviews, state legislators bolstered oversight of these processes in 2019. An Excellus spokesperson said it had since adopted several reforms; MVP did not respond to ProPublica’s questions, and EmblemHealth forwarded a response from a managed health plan trade group called the New York Health Plan Association, which said that the state’s findings do not reflect the industry’s current practices. (Read their full responses.)

The New York law requires insurers to rely on criteria based on evidence and approved by the state when scrutinizing care. Peer reviewers, who work for insurance companies to assess medical necessity or appropriateness of care, must be licensed providers with relevant expertise in mental health. And when it comes to children, insurers are generally prohibited from requiring preapproval for their mental health treatment or conducting reviews during the first two weeks of an inpatient stay.

Last year, New York regulators found that Cigna’s and Wellfleet’s medical necessity criteria were out of compliance with the new law. The insurers are allowed to keep operating while they work with the state to bring their criteria in line with the law, according to the state’s mental health office. (The companies did not respond to requests for comment.)

Several states, such as Massachusetts, New Mexico and Hawaii, make insurers disclose to patients and providers the criteria or policies that they rely on for reviews.

Insurers usually select the clinician conducting reviews, but in Illinois, if there’s a disagreement about the necessity of a treatment, a patient can opt for another clinical reviewer, jointly selected by the patient, their provider and the insurer.

Some states have also limited the frequency of reviews. In Delaware, insurers are generally prohibited from reviewing inpatient substance use treatment in the first 14 days. In Kentucky and Ohio, for patients with autism, insurers cannot request more than one review annually for outpatient care.

What Must Insurers Reveal About Mental Health Care Access? Note: The mandated reporting may include metrics on utilization processes, spending and outcomes in mental health.

It can be hard to enforce the laws requiring equitable coverage for mental and physical conditions; doing so entails comparing very different kinds of health care and successfully arguing there is an imbalance in access. State and federal regulators also have minimal resources for such intensive examinations, which has hindered their ability to scrutinize insurers.

To hold insurers accountable, at least 31 states and the District of Columbia have passed laws requiring them to report how much access they really provide to mental health care.

Most of these states ask insurers to provide details on their treatment criteria or limitations, but some states appear to be violating their own laws by not posting information publicly.

New Jersey’s Department of Banking and Insurance, for example, must make an insurer complaint log publicly available and post an insurance compliance report related to mental health care. But no such information has been published on its website more than five years after the state passed this requirement.

After ProPublica asked about the lack of transparency, spokesperson Dawn Thomas said that the department is working to implement the requirements and that the reporting process would begin this year. “We recognize that the reporting provisions in the law provide important public insight into compliance of carriers,” she told ProPublica in an email.

Chris Aikin, a spokesperson for the original bill’s primary sponsor, New Jersey Assembly Speaker Craig Coughlin, told ProPublica his office had been in contact with the department and would “monitor their progress to meet reporting requirements and ensure full transparency for consumers.”

For compliance reports, states often request data and analyses from insurers, but the figures that insurers submit may not be detailed or even accurate.

“I’ve reviewed a lot of these analyses,” said Clement, who has helped advocate for greater insurer transparency in multiple states, “and in most states, they’re pretty bad.”

But in some states, like Oregon, where detailed annual reporting is required, analyses revealed a disproportionate number of insurance claims for behavioral health were out-of-network compared with medical claims, suggesting that people may have faced trouble accessing therapists covered by their insurance plans.

Its reports also found that mental health providers were paid substantially less than medical providers for office visits of equivalent length. For an hourlong office visit, a mental health provider was, on average, reimbursed about half the amount given to a medical or surgical clinician. A spokesperson for the state’s Department of Consumer and Business Services told ProPublica that there have been no investigations or enforcement actions in response to the new requirements.

“There’s no way we can feel confident that anyone is following the law unless we make sure there is accountability and they have to prove that they’re accountable,” Clement said.

Other states, like New York, have begun to use the new data to drive investigations. Since 2021, the state’s Department of Financial Services has conducted nine investigations of seven insurance companies in response to the laws, according to a department spokesperson.

People can file complaints with their state insurance departments if they believe that an insurer is violating their rights.

We’re Investigating Mental Health Care Access. Share Your Insights.

Max Blau contributed research. Maps by Lena Groeger.

If you have submitted a complaint to a state insurance department that you would like to share with ProPublica reporters, you can email us at mentalhealth@propublica.org.

ProPublica reviewed laws and regulations in all 50 states and the District of Columbia. If you see a state law that was not included, please send us a note.

by Annie Waldman and Maya Miller

Officials Voted Down a Controversial Georgia Election Rule, Saying It Violated the Law. Then a Similar Version Passed.

2 months 3 weeks ago

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Update, Aug. 27, 2024: On Monday, the Democratic Party of Georgia and the Democratic National Committee, along with Democratic members of the Georgia Legislature and five metro Atlanta county election boards, filed a lawsuit against the Georgia Election Board challenging its new certification rules. “To remedy these harms and prevent chaos in November, this Court should follow decades of binding precedent,” the lawsuit stated, seeking a declaration that “election superintendents must certify election results.”

The members of the Georgia State Election Board could not have been clearer. Back in May, four of them voted down a proposed rule that would have given county election boards a new way to delay or reject election results, which could throw the November vote count into chaos.

“You run counter to both the federal and the state law,” said Ed Lindsey, a Republican board member and attorney who practices election law, to the woman who proposed the rule.

This rule “violates federal law. It also violates state law,” said Sara Tindall Ghazal, the board’s lone Democrat.

“It’s just not ready for prime time yet,” said the board chairman, noting that it needed more work to ensure its legality.

Even the lone board member supporting the rule, Janice Johnston, a retired obstetrician who had made unvalidated claims about falsified vote tallies in Fulton County, voted against it. The fifth board member did not vote. The board agreed that two members would work on improvements to the rule.

Three months later, a new draft of the rule came back for a vote. This time, it passed 3-2.

How much did the rule change between drafts? A review by ProPublica shows: hardly at all. In fact, election law experts told ProPublica that the small changes made the rule even less compliant with existing law.

The rule dramatically expands the authority of county officials overseeing the usually mundane task of certifying elections. The passage of it was enabled by nationally prominent election deniers and the Georgia Legislature. And the board members who passed it were cheered on by former President Donald Trump. It comes at a time when Trump and his allies are already calling into question the fairness of the elections process and making preparations to contest the results — and as Trump slips behind Vice President Kamala Harris in swing state polls.

It’s no coincidence that Trump allies are expanding their powers over certification in Georgia, a state where Biden beat Trump in 2020 by fewer than 12,000 votes.

Weeks after that election, Trump called Georgia Secretary of State Brad Raffensperger and asked him to “find” him those winning votes. Raffensperger refused. Since then, the Legislature has made numerous moves to exert more control over the state’s elections.

In the 2021 legislative session, lawmakers stripped Raffensperger of his spot as the designated chair of the State Election Board. Instead, they gave themselves the power to appoint the chair, unless they were out of session, in which case the governor could do it. (Though they could replace that chair once they were back in session.)

Another of their changes came this past May, after Lindsey, the Republican board member who had called the rule illegal, was pressured to resign. The Republican speaker of the House replaced him with Janelle King, the former deputy state director for the Georgia Republican Party and a conservative media personality, who has no experience in election administration and who had tweeted “I have questions!!” about the results of the 2020 election.

With King, the board became stacked with a majority of members who had questioned the results of the 2020 election. In early August, Trump praised all three by name during an Atlanta rally, calling them “pit bulls fighting for honesty, transparency and victory.”

Meanwhile, the proponents of the rule — including Bridget Thorne, a Republican Fulton County commissioner who calls herself the rule’s “originator” — decided to resubmit it. Thorne told ProPublica that claims of the rule’s illegality were an attempt to “scare” her. “I went and I talked to the lawmakers,” she said, “and they didn’t see anything wrong with my rules.”

Thorne said she got advice and support on the revised rule from Hans von Spakovsky, a Heritage Foundation lawyer who has led efforts for stricter voting laws nationwide for decades; Ken Cuccinelli, a former Virginia attorney general and the chairman of the Election Transparency Initiative, a group advocating for Republican priorities in election law; and Cleta Mitchell, the head of the Election Integrity Network, a nationwide organization that has challenged the legitimacy of American elections, which secretly backed the submission of the rule. Mitchell had joined Trump on the call in which he asked for Raffensperger to find him votes.

In response to questions from ProPublica, Cuccinelli provided a statement claiming that the authority the rule grants county board members is compliant with the law: “According to existing law, in signing a certification county board members are attesting subject to felony prosecution that the vote count is accurate. Obviously, each of them is expected to make that determination themselves otherwise there would be no point to having boards or board members.”

Mitchell and von Spakovsky did not respond to requests for comment.

The resubmitted rule only changed in minor ways between being voted down in May and approved in August. Those changes did not fix its legal problems, according to five election law experts who spoke with ProPublica. In fact, they said, in some ways it made them worse.

At the heart of legal experts’ critiques of the rule is its assertion that officials have the discretion to delay certification, even though more than a century of Georgia case law and judicial history says otherwise.

“If the State Election Board decided that the first rule was outside the role of their authority, I think the second rule is even more outside the scope of their authority,” said Caitlin May, a voting rights attorney for the American Civil Liberties Union of Georgia.

The only substantial addition was a new paragraph that gives county election boards the power to determine “a method to compute the votes justly” if they discover any error or fraud, while also requiring that a board report fraud to the district attorney. Legal experts worried that some conservative county boards might interpret this as permission to adjust vote counts they perceived as tainted, given that the rule doesn’t define what it means to “compute the votes justly.”

Georgia law states, “If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her.” (Italics added by ProPublica.)

Peter Simmons, a lawyer for Protect Democracy, a nonprofit that works to protect the integrity of American elections, said that by dropping “and certify” from the rule, its meaning has arguably been reversed. Instead of emphasizing that certification is a mandatory duty regardless of any fraud or errors, the rule tries to grant county election board members discretion not to certify by leaving out the language that they “compute and certify,” according to Simmons.

“This rule’s slight change in wording from the statute could have significant effects” and could “jeopardize Georgia’s ability to comply with the federal certification deadline,” Simmons said.

There also was a minor adjustment to the May version of the rule, which would have required that county boards meet on 3 p.m. the Thursday after the election to investigate potential errors. After criticism from Georgia election officials, among others, that the timing of such a meeting was well ahead of the 5 p.m. Friday deadline for counting provisional ballots, the August version of the rule moved the timing to 3 p.m. on Friday. But experts warned that the later timing still could cause provisional ballots to be missed.

Johnston had voted against the rule in May and for it in August. She was joined by Rick Jeffares, who did not cast a vote in May, and King.

In the August meeting at which the vote was held, Johnston argued that certification should be discretionary not mandatory, but she offered little explanation of her reasoning for supporting it after she previously voted it down, except to say that the change to the timing of the investigatory meeting had eased her concerns.

When asked why she had changed her vote, Johnston emailed ProPublica, “The small changes were appropriate.”

Jeffares and King did not respond to requests for comment.

Update, Aug. 27, 2024: This story has been updated to include a response from Ken Cuccinelli. His comment was sent before the story published but was caught in a spam filter.

by Doug Bock Clark

The Unequal Effects of School Closings

2 months 3 weeks ago

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This story is exempt from our Creative Commons license until Oct. 25.

In the 1990s, when Liberia descended into civil war, the Kpor family fled to Ivory Coast. A few years later, in 1999, they were approved for resettlement in the United States and ended up in Rochester, New York. Janice Kpor, who was 11 at the time, jokingly wonders whether her elders were under the impression that they were moving to New York City. What she remembers most about their arrival is the trees: It was May, yet many were only just starting to bud. “It was, like, ‘Where are we?’” she said. “It was completely different.”

But the Kpors adapted and flourished. Janice lived with her father in an affordable-housing complex close to other family members, and she attended the city’s public schools before enrolling in St. John Fisher University, just outside the city, where she got a bachelor’s degree in sociology and African American studies. She found work as a social service case manager and eventually started running a group home for disabled adults.

She also became highly involved in the schooling of her three children, whom she was raising with her partner, the father of the younger two, a truck driver from Ghana. Education had always been highly valued in her family: One of her grandmothers had been a principal in Liberia, and her mother, who remained there, is a teacher. Last fall, when school started, Kpor was the president of the parent-teacher organization at School 10, the Dr. Walter Cooper Academy, where her youngest child, Thomasena, was in kindergarten. Her middle child had also attended the school.

Kpor took pleasure in dropping by the school, a handsome two-story structure that was built in 1916 and underwent a full renovation and expansion several years ago. The school was in the 19th Ward, in southwest Rochester, a predominantly Black, working- and middle-class neighborhood of century-old homes. The principal, Eva Thomas, oversaw a staff that prided itself on maintaining a warm environment for 299 students, from kindergarten through sixth grade, more than 90% of whom were Black or Latino. Student artwork filled the hallways, and parent participation was encouraged. School 10 dated only to 2009 — the building had housed different programs before that — but it had strong ties to the neighborhood, owing partly to its namesake, a pioneering Black research scientist who, at the age of 95, still made frequent visits to speak to students. “When parents chose to go to this particular school, it was because of the community that they have within our school, the culture that they have,” Kpor told me.

Because she was also engaged in citywide advocacy, through a group called the Parent Leadership Advisory Council, Kpor knew that the Rochester City School District faced major challenges. Enrollment had declined from nearly 34,000 in 2003 to less than 23,000 last year, the result of flight to the suburbs, falling birth rates and the expansion of local charter schools, whose student population had grown from less than 2,000 to nearly 8,000 during that time. Between 2020 and 2022, the district’s enrollment had dropped by more than 10%.

Janice Kpor has availed herself of an Urban-Suburban education option in the Rochester area for two of her children, with the third attending School 10 when it was shut down. (Joshua Rashaad McFadden for The New Yorker)

The situation in Rochester was a particularly acute example of a nationwide trend. Since the start of the coronavirus pandemic, public school enrollment has declined by about a million students, and researchers attribute the drop to families switching to private schools — aided by an expansion of voucher programs in many red and purple states — and to homeschooling, which has seen especially strong growth. In addition, as of last year, an estimated 50,000 students are unaccounted for — many of them are simply not in school.

During the pandemic, Rochester kept its schools closed to in-person instruction longer than any other district in New York besides Buffalo, and throughout the country some of the largest enrollment declines have come in districts that embraced remote learning. Some parents pulled their children out of public schools because they worried about the inadequacy of virtual learning; others did so, after the eventual return to school, because classroom behavior had deteriorated following the hiatus. In these places, a stark reality now looms: schools have far more space than they need, with higher costs for heating and cooling, building upkeep and staffing than their enrollment justifies. During the pandemic, the federal government gave $190 billion to school districts, but that money is about to run dry. Even some relatively prosperous communities face large drops in enrollment: In Ann Arbor, Michigan, where enrollment has fallen by more than 1,000 students since the fall of 2019, the city is planning to lay off some 90 teachers; Santa Clara, which is part of Silicon Valley, has seen a decrease of 14% in a decade.

On Sept. 12, 2023, less than a week after the school year started, Rochester’s school board held what appeared to be a routine subcommittee meeting. The room was mostly empty as the district’s superintendent, Carmine Peluso, presented what the district called a “reconfiguration plan.”

A decade earlier, 2,600 kindergarten students had enrolled in Rochester’s schools — roughly three-quarters of the children born in the city five years before. But in recent years, Peluso said, that proportion had sunk to about half.

Within 10 years, Peluso said, “if we continue on this trend and we don’t address this, we’re going to be at a district of under 14,000 students.” The fourth-largest city in New York, with a relatively stable population of about 210,000, was projecting that its school system would soon enroll only about a third of the city’s current school-age population.

Peluso then recommended that the Rochester school district close 11 of its 45 schools at the end of the school year. Kpor, who was watching the meeting online, was taken aback. Five buildings would be shuttered altogether; the other six would be put to use by other schools in the district.

School 10 was among the second group. The school would cease to exist, and its building, with its new gymnasium-auditorium and its light-filled two-story atrium, would be turned over to a public Montessori school for pre-K through sixth grade, which had been sharing space with another school.

Kpor was stunned. The building was newly renovated. She had heard at a recent PTA meeting that its students’ overall performance was improving. And now it was being shut down? “I was in disbelief,” she said. “It was a stab in the back.”

School closures are a fact of life in a country as dynamic as the United States. Cities boom, then bust or stagnate, leaving public infrastructure that is incommensurate with present needs. The brick elementary school where I attended kindergarten and first grade, in Pittsfield, Massachusetts, was closed in the early ’80s, as the city’s population declined, and then was razed to make way for a shopping plaza.

Still, there is a pathos to a closed school that doesn’t apply to a shuttered courthouse or post office. The abandonment of a building once full of young voices is an indelible sign of the action having moved elsewhere. There is a tangible cost, too. Researchers have found that students whose schools have been closed often experience declines in attendance and achievement, and that they tend to be less likely to graduate from college or find employment. Closures tend to fall disproportionately on majority-Black schools, even beyond what would be expected on the basis of enrollment and performance data. In some cities, efforts to close underpopulated schools have become major political issues. In 2013, Chicago, facing a billion-dollar budget deficit and falling enrollment, closed 49 schools, the largest mass closure in the country’s history. After months of marches and protests, 12,000 students and 1,100 staff members were displaced.

Now, as a result of the nationwide decline in enrollment, many cities will have to engage in disruption at a previously unseen scale. “School closures are difficult events that rend the community, the fabric of the community,” Thomas Dee, a professor of education at Stanford, said. He has been collecting data on declining enrollment in partnership with The Associated Press. “The concern I have is that it’s going to be yet another layer of the educational harm of the pandemic.”

Janice Kpor knew that her family was, in a sense, part of the problem. Her oldest child, Virginia, had flourished in the early grades, so her school put her on an accelerated track, but it declined to move her up a grade, as Kpor had desired. Wanting her daughter to be sufficiently challenged, Kpor opted for the area’s Urban-Suburban program, in which students can apply to transfer to one of the many smaller school districts that surround Rochester; if a district is interested in a student, it offers the family a slot. The program began in 1965, and there are now about 1,000 children enrolled. Virginia began attending school in Brockport, where she had access to more extracurricular activities.

Supporters call Urban-Suburban a step toward integration in a region where city schools are 85% Black and Latino and suburban districts are heavily white. But critics see it as a way for suburban districts to draw some of the most engaged families out of the city’s schools; the selectiveness of the suburban districts helps explain why close to a quarter of the students remaining in the city system qualify for special-education services. (The local charter schools are also selective.) One suburban district, Rush-Henrietta, assured residents that it would weed out participants who brought “city issues” with them, as Justin Murphy, a reporter for the Rochester Democrat & Chronicle, wrote in his book, “Your Children Are Very Greatly in Danger,” a history of segregation in the city’s schools.

Kpor understood these concerns even as she watched Virginia thrive in the suburbs, then go on to attend the Rochester Institute of Technology. As Kpor saw it, each child’s situation was unique, and she tried to make decisions accordingly. “It’s where they’re at,” she said. “It’s not all or nothing for me.”

She enrolled her middle child, Steven, in School 10 for kindergarten and immediately liked the school, but stability was elusive. First, the school moved to temporary quarters for the renovation. Then came disagreements with a teacher who thought that her son’s behavioral issues stemmed from ADHD. Then the pandemic arrived, and her son spent the final months of second grade and most of third on Zoom. For fourth grade, she decided to try Urban-Suburban again. He was accepted by Brockport, which sent a bus to pick him up every morning.

Other parents shared similar accounts with me of the aftermath of the pandemic closures. Ruthy Brown said that, after the reopening, her children’s school was rowdier than before, with more frequent fights and disturbances in the classroom; a charter school with uniforms suddenly seemed appealing. Isabel Rosa, too, moved her son to a charter school, because his classmates were “going bonkers” when they finally returned to in-person instruction. (She changed her mind after he was bullied by a charter school security guard.) Carmen Torres, who works at a local advocacy organization, the Children’s Agenda, watched one of her client families get so frustrated by virtual instruction that they switched to homeschooling. “Enough is enough,” Torres recalled the mother saying. “My kids need to learn how to read.”

But, when it came time to enroll Thomasena, Kpor resolved to stick with the district, and she was so hopeful about her daughter’s future at School 10 that she took the prospect of its closure with great umbrage. She and other parents struggled to understand the decision. One of the reasons School 10 was chosen to close was that it was in receivership — a designation for public schools rated in the bottom 5% in the state, among Peluso’s criteria for closure — but Kpor knew that the receivership was due not only to low test scores but also to the school’s high rate of absenteeism, which was, she believed, because the school roster was outdated, filled with students who were no longer there. According to a board member, the state had also placed School 10 on a list of dangerous schools, partly owing to an incident in which a student had been found with a pocketknife.

Making matters worse, for Kpor, was that the building was going to be turned over to another program, School 53, the Montessori school. It would be one thing for School 10 to be shut down because the district needed to cut costs. But the building had just been renovated at great expense, an investment intended for School 10, and now those students and teachers were being evicted to make room for others. “It was more of an insult,” Kpor said, “because now you have this place and all these kids and a whole bunch of new kids in the same building, so what is the logic of, quote-unquote, closing the school?”

The awkwardness of this was not lost on the parents of School 53. The school had a slightly higher proportion of white families and a lower one of economically disadvantaged students than School 10, and it was expected to draw additional white families once it moved to its new building. “The perception is that you’ve got the kids at this protected, special school — you can see the difference between what they get and what we get,” Robert Rodgers, a parent at School 53, told me. “If I was a parent at School 10, I would be livid.”

After Peluso announced the plan, the district held two public forums, followed by sessions at the targeted schools. The School 10 auditorium was packed for its session, and Kpor lined up at the microphone to speak. She asked Peluso if Thomasena and her classmates would get priority for placement in School 53, so that they could stay in the building. “I do not want her to go to any other school,” she said. “Every time we think we’re doing something right for our kids, someone comes in and dictates to us that our choices are not valid.” Kpor was encouraged to hear Peluso say that School 10 kids would get priority.

On Oct. 19, five weeks after the announcement, the school board met to vote on the closures. During the public comment period, a teacher from School 2 pleaded with the board to let its students enroll at the school that would be replacing it. A teacher from School 106 asked that the vote be delayed until after board members visited every school, including hers, which was engaged in a yearlong special project geared toward the coming total solar eclipse, so that they could get a more visceral sense of the school’s value. The principal of School 29, Joseph Baldino, asked that the school’s many students with autism-spectrum disorder be kept together, along with their teachers, during the reassignment. “They’re unique, they’re beautiful, and they don’t do real well with change,” he said. Chrissy Miller, a parent at the school, said of her son, “He loves his staff … he loves his teachers, and he wants everybody to stay together as one.”

In the end, the closures passed, five to two.

In September 2020, as many public schools in Democratic-leaning states started the new academic year with remote learning, I asked Randi Weingarten, the president of the American Federation of Teachers, whether she worried about the long-term effects on public education. What if too many families left the system in favor of homeschooling or private schools — many of which had reopened — and didn’t come back? She wasn’t concerned about such hypotheticals. “At the end of the day, kids need to be together in community,” she said.

The news from a growing number of districts suggests that the institution of public schooling has indeed suffered a lasting blow, even in cities that are better funded than Rochester. In Seattle, parents anticipate the closure of 20 elementary schools. The state of Ohio has witnessed a major expansion of private school vouchers; in Columbus, a task force is recommending the closure of nine schools.

In Rochester, the continuing effects of the pandemic weighed heavily on some. Camille Simmons, who joined the school board in 2021, told me, “A lot of children felt the result of those decisions.” She went on: “There were a lot of entities at play, there were so many conversations going on. I think we should have brought children back much sooner.”

Adam Urbanski, the longtime president of the Rochester teachers’ union, said that the union had believed schools should not reopen until the district could guarantee high air quality, and it had not been able to. “When I reflect back on it, I know that I erred on the side of safety, and I do not regret the position that we took,” he said.

But Rebecca Hetherington, the owner of a small embroidery company and the former head of the Parent Leadership Advisory Council, the group Kpor was part of, feared that the district would soon lack the critical mass to remain viable. “I am concerned there is a tipping point and we’re past it,” she said. Rachel Barnhart, a former TV news reporter who attended city schools and now serves in the county legislature, agreed. “It’s like you’re watching institutions decline in real time,” she told me. “Anchors of the community are disappearing.” School districts have long aspired to imbue their communities with certain shared values and learning standards, but such commonality now seemed inconceivable.

By the spring of 2024, parents at the 11 targeted schools were too busy trying to figure out where their children would be going in the fall to worry about the long term. A mother at School 39, Rachel Dixon, who lived so close to the school that she could carry her kindergartner there, was on the waitlist for School 52 but had been assigned to School 50. She wasn’t even sure where that was. Chrissy Miller was upset that School 29’s students with autism were being more broadly dispersed than promised; she worried that her son’s assigned school wasn’t equipped for students with special needs. Many of her fellow School 29 parents were now considering homeschooling or moving, she said, and added, “We don’t have trust in the district at all.” It was easy to envision how the closures could compound the problem, leading to even fewer students and even more closures.

School 39 was one of 11 that the Rochester City School District Board of Education voted to close. (Joshua Rashaad McFadden for The New Yorker)

Thomasena had been assigned to School 45, which was close to her family’s home but less convenient for Kpor than School 10, which was closer to her work. Kpor wondered how many other families were in similar situations, with assignments that didn’t take into account the specific context of their lives. “All of this plays into why kids are not going to school,” she said. “You’re placing kids in locations that don’t meet the families’ needs.”

She had taken Peluso’s word that students from School 10 would be given priority at the Montessori school taking its place, and she was disappointed to learn that Thomasena was 30th on the waitlist there. It was also unclear to her which branch of the central office was handling placement appeals. “It’s all a jumble, and no one really knows how things work,” she said.

On March 26, as families were dealing with the overhaul, Peluso announced that he was leaving the district to become the superintendent of the Churchville-Chili district, in the suburbs. The district was far smaller than Rochester, with some 3,800 students, more than 70% of them white, but the job paid nearly as much. “It’s one of the hardest decisions I’ve had,” Peluso said at a news conference. “There’s a lot of ­commitment I’ve had to this district.” Rodgers, the School 53 parent, told me: “This hurts. It’s another situation where the suburbs are taking something from the city.”

Parents and district staff tried to make sense of Peluso’s departure. Some people speculated that he had grown tired of the treatment he was receiving from certain board members. Other people wondered if he simply wanted a less challenging district. Peluso told me, “It was the best decision for me and my family.”

In late June, I returned to Rochester for the final days of the school year. I stayed at School 31 Lofts, a hotel in a former schoolhouse that was built in 1919. (The website advertises “­Whimsy~History~Serenity.”) An empty hallway was still marked with a “Fallout Shelter” sign. I stayed in a room that, judging from its size and location, might have been a faculty lounge.

One afternoon, I met with Demario Strickland, a deputy superintendent who’d been named interim superintendent while the school board searched for a permanent replacement for Peluso. Strickland, a genial 39-year-old Buffalo native who moved to Rochester last year, was the seventh superintendent of the district since 2016. He told me that he was not surprised the closures had prompted such protests. “School closures are traumatic in itself,” he said.

But he defended the district against several of the criticisms I had heard from parents. School 10 had been improving, he said, but still fell short on some metrics. “Even though they met demonstrable progress, we still had to look at proficiency, and we still had to look at receivership,” he said. And, he added, School 53 had limited slots available, so the district had made no promises to parents of School 10 about having priority.

Still, he said, the district could perhaps have been more empathetic in its approach. “This process has taught me that, in a sense, people don’t care about the money,” he said. “When you make these decisions, you really have to think about the heart. That’s something we could have done a little more. It makes sense — we’re wasting money, throwing money away, we have all these vacancies, that makes sense to us. But our families don’t care about that. Our families want their school to stay open — they don’t want to do away with it.”

I asked him whether he worried that the district’s enrollment decline might continue until the system could no longer sustain itself, as Hetherington and Barnhart feared. “I try not to get scared about the future,” he said.

On the second-to-last day of the school year, I went to School 10 to join Kpor at the end-of-year ceremony for Thomasena’s kindergarten class. She and her 14 classmates sang songs, demonstrated spelling on the whiteboard and rose one by one to say what they had liked best about kindergarten. “Education and learning,” Thomasena, a tall girl with her front teeth just coming in, said. “When it’s the weekend,” one boy said, to the laughter of parents.

It was not hard to see why Kpor and other parents were sorry to leave the school, with its gleaming new tile work and hardwood-composite hallway floorboards. A few weeks earlier, the latest assessment results had shown improvement for School 10, putting it close to citywide averages. “All of us are going to be going to different places, but I hope one day that I get to see you again,” the class’s teacher, Karen Lewis, said.

Kpor was still waiting to find out if she had moved up on the list for School 53. I asked if she might have Thomasena apply for Urban-Suburban, like her siblings, and she said she was hoping it would work out in the district. “I still have faith,” she said. Outside, I met a parent who was worried about how her daughter would fare at her new school after having been at School 10 with the same special-needs classmates and teacher for the past three years. “The school has been amazing,” she said.

The next day, I attended a schoolwide Rites of Achievement ceremony in the gym. Parents cheered as students received awards for Dr. Walter Cooper Character Traits — Responsibility, Integrity, Compassion, Leadership, Perseverance and Courage. (Thomasena won for Courage.) Thomas, the principal, called up the school’s entire staff, name by name. The shrieks from the assembled children for their favorite teachers and aides indicated the hold that even a school officially deemed subpar can have on its students and families: this had been their home, 180 days a year, for as long as seven years.

Walter Cooper himself was there, watching from a thronelike chair with gilt edges. Eventually, he addressed the children for the last time, recounting his upbringing with a father who had received no formal schooling, a mother who preached the value of education and six siblings, all but one of whom had gone to college. “The rule was we had to have a library card at 7. We didn’t have a lot in this community, but we had books,” he said. “There are always things in the street for you, but there is much more in books. … The guiding thesis is: Books will set you free.”

The children sang a final song: “I am a Cooper kid, a Dr. Walter Cooper kid, I am, I am / I stand up for what’s right even when the world is wrong.” Sylvia Cooksey, a retired administrator who is also a pastor, gave the final speech. “No matter where you go, where you end up, you are taking part of this school with you,” she said. “You are taking Dr. Walter Cooper with you. We’re going to hear all over Rochester, ‘That child is from School 10.’”

After the assembly, I asked Cooper what he made of the closure. “It’s tragic,” he said. “It points to the fundamental instability in the future of the schools. Children need stability, and they aren’t getting it in terms of the educational process.”

Wanda Zawadzki, a physical education teacher who had worked at the school for eight years and received some of the loudest shrieks from the kids, stood looking forlorn. She recalled the time a class had persuaded the city to tear down an abandoned house across the street, and the time a boy had brought her smartphone to her after she dropped it outside. “My other school, that phone would have been gone,” she said. “It’s the integrity here.” Like many teachers at the targeted schools, she was still waiting for her transfer assignment. “This was supposed to be my last home,” she said.

And then it was dismissal time. It was school tradition to have the staff come out at the end of every school year and wave at the departing buses as they did two ceremonial loops around the block. Speakers blared music from the back of a pickup, and the teachers danced and waved. “We love you,” Principal Thomas called out.

It was quieter over at School 29, the school with many special-needs kids. The children were gone, and one teacher, Latoya Crockton-Brown, walked alone to her car. She had spent 19 years at the school, which will be closing completely. “We’re not doing well at all,” she said, of herself and her colleagues. “This was a family school. It’s very disheartening. Even the children cried today.”

She was wearing a T-shirt that read “Forever School 29/1965 to Now.” The school had done a lot in recent days to aid the transition — bringing in a snow cone truck and a cotton candy machine, hosting a school dance. “One girl said she feels like she’s never going to make friends like she had here,” Crockton-Brown said. “But we have to move on. We have no other choice.”

by Alec MacGillis

Why It’s So Hard to Find a Therapist Who Takes Insurance

2 months 4 weeks ago

America is in the midst of a mental health crisis. 

But finding a therapist who takes insurance can feel impossible.

Insurers say that’s because there aren’t enough therapists. 

That’s not entirely true.

Carter J. Carter became a therapist to help young people struggling with their mental health.

Rosanne Marmor wanted to support survivors of trauma.

Kendra F. Dunlap aspired to serve people of color. 

They studied, honed their skills and opened practices, joining health insurance networks that put them within reach of people who couldn’t afford to pay for sessions out of pocket. 

So did more than 500 other psychologists, psychiatrists and therapists who shared their experiences with ProPublica.

But one after another, they confronted a system set up to squeeze them out.

by Annie Waldman, Maya Miller, Duaa Eldeib and Max Blau, photography by Tony Luong, special to ProPublica, design by Zisiga Mukulu

DOJ Files Antitrust Suit Against RealPage, Maker of Rent-Setting Algorithm

2 months 4 weeks ago

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The Department of Justice and eight states on Friday sued the maker of rent-setting software that critics blame for sending rents soaring in apartment buildings across the country.

The civil lawsuit, filed in federal district court in Greensboro, North Carolina, accuses Texas tech company RealPage of taking part in an illegal price-fixing scheme to reduce competition among landlords so they can boost prices — and profits. It also alleges the company took over the market for such price-setting software, effectively monopolizing it.

“RealPage has built a business out of frustrating the natural forces of vigorous competition,” said Assistant Attorney General Jonathan Kanter at a news conference Friday with top department officials. “The time has come to stop this illegal conduct.”

The antitrust lawsuit is the latest — and most dramatic — development to follow a 2022 ProPublica investigation that examined RealPage’s role in helping landlords set rent prices across the country, an arrangement that legal experts said could result in cartel-like behavior. Since then, senators have introduced legislation seeking to ban such practices, tenants have filed dozens of ongoing federal lawsuits, and San Francisco’s Board of Supervisors moved to bar landlords from using similar algorithms to set rents.

Justice Department officials said Friday that their lawsuit followed a nearly two-year investigation into the company. Along with traditional approaches, such as examining internal records, they said their probe involved data scientists who dug into computer code to understand how these algorithms set prices.

RealPage’s software enables landlords to share confidential data and charge similar rents, the officials said.

“We learned that the modern machinery of algorithms and AI can be even more effective than the smoke-filled rooms of the past,” Kanter said, referring to artificial intelligence. “You don't need a Ph.D. to know that algorithms can make coordination among competitors easier.”

The case has become central to the Justice Department’s efforts to jumpstart antitrust enforcement under the Biden White House. Officials said they are also scrutinizing similar information-sharing exchanges in other industries, including meat processing. “Training a machine to break the law is still breaking the law,” Deputy Attorney General Lisa Monaco said.

But experts say that prosecutors face challenges in applying the more than 100-year-old Sherman Antitrust Act to situations in which competitors rely on new technologies to coordinate their prices.

RealPage, which is owned by the private equity company Thoma Bravo, did not immediately respond to ProPublica’s request for comment. It has previously denied wrongdoing. In a statement published on its website in June, the company said its landlord clients are free to accept or reject its advice and that its impact on the national rental market is smaller than portrayed by the software’s critics.

“RealPage uses data responsibly, including limited aggregated and anonymized nonpublic data where accuracy aids pro-competitive uses,” the company’s statement said. It has previously said it will fight antitrust litigation.

The DOJ’s suit does not name landlords as defendants, unlike the complaints filed by tenants, which accused some of the biggest landlords in the country of price-fixing through RealPage. In May, the FBI raided an Atlanta-based landlord involved in the lawsuits. The landlord said it was not law enforcement’s target. DOJ officials declined to answer a question about why their lawsuit did not name landlords, with Kanter saying he “can’t comment on any further investigations.”

The DOJ complaint, which is more than 100 pages long, quotes RealPage executives and landlords speaking about the impact of the software. The lawsuit alleges that the company’s software works by helping landlords realize that if they all raise prices, or fail to drop them during a downturn, “a rising tide raises all ships.”

“I always liked this product because your algorithm uses proprietary data from other subscribers to suggest rents and term,” one landlord commented about the product, according to the lawsuit. “That’s classic price fixing.”

Justice Department officials said the software has had a “substantial” impact on the housing market. It is used to set rent for more than three million apartments nationwide, Kanter said, and it draws on competitively sensitive information from over 16 million units. Americans spend more on housing than any other expense, officials said.

“Americans should not have to pay more in rent because a company has found a new way to scheme with landlords to break the law,” Attorney General Merrick Garland said at the news conference.

ProPublica’s story found that in one Seattle neighborhood, 70% of all multifamily apartments were overseen by just 10 property managers — every single one of whom used pricing software sold by RealPage. The company claimed its software could help landlords “outperform the market” by 3% to 7%.

Justice officials alleged that RealPage “polices” landlords’ compliance with its recommendations. Its software has an “auto-accept” setting, which allows landlords to automatically adopt its suggestions and “effectively permits RealPage to determine the price a renter will pay,” Garland said.

The states whose attorneys general have joined the federal lawsuit are North Carolina, California, Colorado, Connecticut, Minnesota, Oregon, Tennessee and Washington.

Meanwhile, housing costs have emerged as a political issue in the presidential election, as the candidates travel the country making their cases.

Last week, Vice President Kamala Harris, the Democratic nominee for president, criticized landlords’ use of price-setting software to determine rents.

“Some corporate landlords collude with each other to set artificially high rental prices, often using algorithms and price-fixing software to do it,” she said. “It’s anticompetitive, and it drives up costs.”

by Heather Vogell

A 10-Year-Old Pointed a Finger Gun. The Principal Kicked Him Out of His Tennessee School for a Year.

2 months 4 weeks ago

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When Belle got a call last September that her 10-year-old had been sent to the vice principal’s office, she rushed over to the school. Her son Lee looked on anxiously as the vice principal explained the situation: The fifth grader had angrily pointed his finger in the shape of a gun.

Belle scolded him for not thinking before he acted, agreeing with administrators at the East Tennessee public elementary school who felt that he had misbehaved.

While Lee sat at home for a few days serving a suspension, the principal called Belle. The school had conducted an investigation and determined that Lee would be kicked out for an entire calendar year. “I regret that it has come to this,” the principal wrote in a subsequent letter, which Belle provided to ProPublica. (At Belle’s request, ProPublica is identifying her and her son only by their middle names and leaving out the name of the district and school to prevent her child from being identifiable.) In the letter, the principal added that the district and the state of Tennessee “take such threats very seriously.”

Belle was horrified. Lee had never even been sent to school detention before. His grades sometimes flagged, but he had been working hard to improve them. The family didn’t own a gun and Lee would have no idea where to get one. Belle recalls the principal saying on the phone that she knew Lee was a good kid. His punishment, Belle thought, seemed like an extreme overreaction.

The assistant director of schools declined ProPublica’s request for comment, even though Belle signed a form giving school officials permission to speak about Lee’s case.

The principal’s action was the result of a new state law that had gone into effect just months earlier, heightening penalties for students who make threats at school. Passed after a former student shot and killed six people at The Covenant School in Nashville, the law requires students to be expelled for at least a year if they threaten mass violence on school property, making it a zero-tolerance offense.

Tennessee lawmakers claimed that ramping up punishments for threats would help prevent serious acts of violence. “What we’re really doing is sending a message that says ‘Hey, this is not a joke, this is not a joking matter, so don’t do this,’” state Sen. Jon Lundberg, a co-sponsor of the legislation, told a Chattanooga news station a week and a half after the law went into effect.

Over the last couple of years, Tennessee and several other states have been making it easier for schools to suspend or expel students. But study after study has shown that harsh disciplinary practices such as mandatory expulsions are ineffective at reducing violence in schools. What’s more, research shows that such practices often lead to Black students and students with disabilities being disproportionately suspended and expelled, making them more likely to end up in the criminal justice system.

Tennessee school officials have used the law to expel students for mildly disruptive behavior, according to advocates and lawyers across the state who spoke with ProPublica. (In Tennessee and a number of other states, expulsions aren’t necessarily permanent.) Some students have been expelled even when officials themselves determined that the threat was not credible. Lawmakers did put a new fix in place in May that limits expulsions to students who make “valid” threats of mass violence. But that still leaves it up to administrators to determine which threats are valid.

In some cases last school year, administrators handed off the responsibility of dealing with minor incidents to law enforcement. As a result, the type of misbehavior that would normally result in a scolding or brief suspension has led to children being not just expelled but also arrested, charged and placed in juvenile detention, according to juvenile defense lawyers and a recent lawsuit.

While they are expelled, some students have found it hard to get any kind of education. Tennessee allows school districts to decline to enroll students who have been suspended or expelled in another district. Some children expelled for making threats, like Lee, end up staying at home and muddling through online programs alone — or getting no education at all.

Lee’s mom worried that her son’s minor mistake could derail his future. “He’s kind of turned into a little bit of a recluse,” she said. “He doesn’t want to go back to school at all.”

Students like Lee who’ve been disciplined for making threats may have trouble finding another school they can attend. (Andrea Morales for ProPublica)

When he started fifth grade last fall, Lee was a new kid at his elementary school. His family had recently moved to the area from Middle Tennessee. Normally outgoing and sociable, he had a hard time making friends. In the second month of the school year, a girl in Lee’s class asked him if he had been vaccinated for COVID-19, Lee’s mom said. Lee told her he wasn’t sure. The following week, as students walked outside for recess, Lee realized his classmates were avoiding him and he had no one to play with, according to his mother. She said he assumed that the girl had spread a rumor that he hadn’t been vaccinated and discouraged others from talking with him.

As the fifth graders filed back into the school at the end of recess, Lee expressed his frustration to a classmate, Belle told ProPublica. Her son told her that he said, “I’m so angry, I could just —” and then folded his hand into a gun shape and mimicked a machine gun’s staccato. According to Belle, the classmate reported what Lee had said to a teacher, who told school administrators.

The principal’s letter, which offers scant details of the incident, gave Belle the option to appeal the expulsion, but Belle instead decided to homeschool Lee. She worried that teachers and other students at the school would consider Lee a bad kid, especially given the pervasive fear in the months after the Nashville school shooting. “I was like, ‘These people are going to totally overreact about this,’” she said. “There’s no way that they would be able to treat him fairly after this.”

Get in Touch

Do you have a tip about how officials in education, law enforcement or the courts are handling threats of mass violence in Tennessee schools? Contact reporter Aliyya Swaby at aliyya.swaby@propublica.org. She can also be reached by text or securely on Signal at 404-981-1190. If you’re concerned about confidentiality, check out our advice on the most secure ways to share tips.

Months later, when her concern for her son’s struggles with learning from home made her even angrier about the school’s actions, she consulted a lawyer. But the window to appeal had long passed, and the lawyer told her that the law seemed to allow the school’s actions. “There’s really no point in fighting this,” Belle recalled thinking.

Tennessee makes it difficult to determine how many students have been expelled for threats of mass violence; the state does not collect data on the reasons for expulsions. It asks school districts to inform the state of all incidents related to threats of mass violence, but some districts have reported accidentally sending inaccurate data.

ProPublica requested the number of expulsions for threats of mass violence from the state’s 20 largest school districts as well as five other smaller school districts where we received tips about specific cases. Ten school districts provided those numbers, reporting a total 66 expulsions last school year. Tennessee has nearly 150 school districts.

Several districts provided data showing they expelled students for making threats more often once the law was on the books. For example, Metro Nashville Public Schools reported 42 expulsions for making any type of threat in the 2023-2024 school year, including 16 threats of mass violence. The prior school year, before the law existed, the district expelled 22 students for making any type of threats, despite investigating roughly the same number of incidents. A spokesperson for Metro Nashville Public Schools attributed the increase to the creation of the zero-tolerance law, along with the seriousness of the offenses and “heightened sensitivity and awareness following the Covenant shooting.”

South of Nashville, Rutherford County Schools reported 33 expulsions for making threats last school year, including 27 expulsions specifically for threats of mass violence. The previous school year, it reported just six expulsions for any type of threat, despite investigating a larger number of incidents. When ProPublica asked officials to explain why the number had gone up so significantly, a spokesperson cited a change in state law “that required expulsions for mass threats.”

State law leaves it up to the school districts to decide whether students who have committed a zero-tolerance offense are required to attend alternative school while they are expelled. Some districts, like Metro Nashville, require it, while others, like Rutherford County, do not in most cases. Alternative schools in Tennessee primarily serve students with disciplinary issues who have been suspended or expelled from their traditional schools.

Several school districts told ProPublica that students who make threats of mass violence may be sent to alternative schools without officially being expelled. This past school year, Anderson County Schools, northwest of Knoxville, sent 17 students to its alternative school or offered them virtual education options. Robertson County Schools, just outside of Nashville, sent four students — two 8-year-olds, a 7-year-old and one 6-year-old — to the local alternative school. The 7-year-old and one of the 8-year-olds were removed from their regular schools for an entire calendar year.

A lawsuit filed in May on behalf of two families with children in Williamson County Schools, a suburban Nashville district, illuminates the way some officials hastily removed students from school in response to the new law. The lawsuit was first reported by Tennessee Lookout. It describes how a 14-year-old student was arrested, held in juvenile detention and kept out of school for weeks last August — and alleges that it all stemmed from an unsubstantiated rumor that he had joked about shooting up the school. The complaint said the middle schooler had been talking about another student who he heard bragging about the number of guns his grandfather owned.

The student was sent to the local alternative school, located in the juvenile justice center, where he received a “significantly inferior” education to that offered by his regular school, according to the lawsuit. He sat in a classroom trying to teach himself on a Chromebook while a teacher went over different material with other students in the room.

At first, the school principal told the family that the law required the school to suspend the 14-year-old for a full year. The family appealed the discipline at the school level. When the school denied the appeal, the family then went to the district superintendent. Under the law, only a superintendent can reduce the punishment of a student who makes a threat of mass violence. About a month after the student was suspended, the superintendent allowed him to return to school, saying he had served “an appropriate amount of time” at the alternative school.

After the teenager returned, the principal allegedly told him he never thought of him as a threat and that his suspension was a result of the zero-tolerance law. “You can blame Governor Bill Lee,” the principal told the family, according to the lawsuit.

The Williamson County school board filed a motion in August to dismiss the lawsuit, stating that the students “received all the process they were due under the law.” The 14-year-old was notified of the charges against him and given chances to defend himself, the board wrote in a separate filing, and “the process he was provided worked in his favor by significantly reducing his suspension.”

The school board also said in the filing that threats “made in jest” disrupt students’ learning and strike fear into parents, staff and other students, especially in the aftermath of recent school shootings. “While both threats may not have been serious,” the board wrote, “they nevertheless warranted punishment.”

The board also argued in the filing that school officials had to punish the students to the full extent of the law, noting that its policy “required that Plaintiffs be punished as zero-tolerance offenders regardless of the threat level because they made threats of mass violence.”

The school district did not respond to questions or to requests for its total number of suspensions or expulsions for threats of mass violence.

Tennessee has put in place a safeguard to prevent students from receiving overly harsh punishments for inconsequential threats.

Threat assessments — which bring together school officials and police officers to determine whether students pose a real danger to others — provide context before school officials finalize discipline. They also can help determine whether students need other resources, such as mental health services. Some Tennessee districts have been carrying out threat assessments for more than a decade, but the state only required all school districts to use them starting in 2023. A new state law that went into effect in May clarified that a threat assessment had to be complete and determine a threat was valid before school officials can proceed with expulsion.

But according to parents and juvenile defense lawyers who spoke with ProPublica, school officials often carry out threat assessments inconsistently, with districts using varying definitions for what makes a threat valid or credible. And some officials allow law enforcement to take the lead in incidents that would otherwise be handled at the school level.

“It just essentially delegates all of what should be handled as a relatively minor matter in the school,” said Larry Crain, the lawyer representing the families in the lawsuit against Williamson County’s school board. (A third family recently joined the lawsuit, which also now names the local district attorney as a defendant.) “There’s an almost automatic reaction to anything of this nature that’s referred to law enforcement, which is horrible for the child.”

The lawsuit states that school officials let law enforcement take charge of investigating the 14-year-old’s comments during the threat assessment process. After police arrested the teenager and took him into custody, the principal told parents there was nothing he could do, the lawsuit says.

In its legal response, Williamson County’s school board said state law “compelled” school administrators to report the “threat-related speech” to law enforcement and does not allow any discretion on that matter.

The district attorney for the 21st Judicial District did not respond to a request for comment.

The tenor of a disciplinary investigation or threat assessment often becomes more serious once law enforcement gets involved, lawyers and advocates told ProPublica. A recent analysis by the Government Accountability Office found that arrest rates more than doubled in schools with police compared to those without and that arrests were more common when police were involved in student discipline.

Cashauna Lattimore, an assistant public defender in East Tennessee, has represented several students in cases involving threats of mass violence over the last few years. All of them, she said, were expelled, and most were arrested.

Lattimore described the alleged details of one incident from last school year: In the Jefferson County School District, a high school student who was known as a class clown made an offhand joke about committing an act of violence. Rumors spread among the students about his comment, warping it in the process. He was called to the principal’s office, where a waiting police officer asked whether he had a gun in his backpack. He showed them that he didn’t and insisted that he had just been making a joke, encouraging them to search his house if they didn’t believe him. Law enforcement did not send anyone to his home. School officials initiated a threat assessment and gathered statements from the students who heard the joke, which were then used as evidence against him. He was expelled for a year.

The school’s investigation was not intended to protect the student from unfair discipline, Lattimore said. “That was to make their case against this young man. It was not to determine whether or not the threat was real.”

According to data that the Jefferson County School District provided to ProPublica, just two students were expelled for making threats last school year, even though in both cases the threats were labeled as “transient,” which the district describes as having “no sustained intent to harm.” In both cases, according to the district’s data, the students were also charged in juvenile court. Conversely, several students made what the district considered to be “substantive” threats, but none were charged or expelled.

School officials declined to answer questions from ProPublica about the disparities that the data revealed or the case Lattimore described.

Lattimore said schools should help keep students who don’t pose a threat from being arrested instead of referring the incidents to law enforcement. “They’re taking the easy way out so that they as the educational entity don’t have to deal with it,” she said. “Because once law enforcement gets involved, they can just expel the kid and wash their hands of it.”

After a student is disciplined for making a threat of mass violence, no matter the specifics of the incident, the punishment can function like a scarlet letter.

The 14-year-old boy whose family sued Williamson County Schools has transformed from a top student into a disengaged one, according to the lawsuit. He has struggled to make up assignments he missed during the weekslong appeals process. Once he returned, he noticed classmates gossipping behind his back, saying they were scared of him and falsely calling him a drug dealer. “He suffered a severe and serious emotional injury and was unable to adequately cope with the mental stress engendered by the circumstances of his case,” the lawsuit says.

Lee, who turned 11 during his expulsion, also struggled to adjust. Instead of sitting in a classroom in front of his teacher, he spent the rest of the school year and summer with his mother in her small home office, using an online program to finish fifth grade. He complained to Belle when her phone calls to her boss and colleagues distracted him from his lessons.

Lee struggled to finish the fifth grade online during his expulsion.

In some ways, Belle has watched her son drift backward, becoming less able to emotionally regulate without the structure of a school day or the opportunity to regularly socialize with kids his own age. Just before the expulsion, he had finally caught up to grade level in math after falling behind during pandemic remote learning. But while learning from home, he howled in frustration when he couldn’t understand a math problem. Belle took time to help him with his lessons, which sometimes meant relearning the subject herself — and falling behind on her own work. She sent him up to his room to play video games to give him a mental break between assignments. “It is pulling teeth every single day,” Belle said.

In late July, after school administrators declined to comment to ProPublica on Lee’s case, Belle emailed the director of schools and asked her to shorten the expulsion. Belle hoped he could start his first year of middle school on day one rather than weeks later. The director of schools responded that he could start middle school immediately. “Before any expulsion was put into place,” the email stated, “you chose to remove him … and homeschool him. Therefore, the expulsion was never activated.” (The original letter Belle received was clear about Lee’s expulsion, and a follow-up two days later explained that Lee was barred from re-enrolling regardless of whether he was withdrawn to be homeschooled. District officials did not respond to ProPublica’s questions about the expulsion not being activated.)

Belle was overwhelmed by a mix of confusion, relief and apprehension at the news that her son would be returning to school. She wrote a long email to all of Lee’s teachers introducing herself and explaining that he might need a bit of extra help filling gaps in his knowledge after months of homeschooling. “I will do what I can to get him in a good place,” she wrote.

But Belle still worries that her son will struggle in school or make another mistake. She wonders if she should quit her job so she can homeschool him full time. It’s not an easy choice, but she wants to protect him from what might happen at school.

Paige Pfleger of WPLN contributed reporting.

by Aliyya Swaby

This College’s 38-Acre Land Donation to a Christian School Drew Little Attention. Experts Say It Appears to Violate the Law.

2 months 4 weeks ago

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In 2004, a public junior college in North Texas abandoned plans to lease some of its land to a religious organization for $1 a month after the state attorney general warned that the effort could violate the law.

Nearly two decades later, the college went further. After publicly posting only that Weatherford College’s board would meet to discuss property, members emerged from behind closed doors in November 2022 and voted unanimously to give a 38-acre property to Community Christian School. The property was valued at more than $2 million, according to the county’s appraisal district.

“Faith and patience is the path,” Dan Curlee, then the college’s attorney, wrote in an email after the vote to Doug Jefferson, the administrator of the private religious school.

Jefferson, who had asked the college to donate its workforce development center in Mineral Wells, about 50 miles west of Fort Worth, replied: “Praise God. He has walked with me every step of the way on this miracle for our school. So appreciate you,” according to records obtained by ProPublica and The Texas Tribune.

About two years later, the property sits empty as Community Christian School raises the funds needed to make repairs that Jefferson estimates will cost $1.2 million. The donation also raises questions about government oversight at a time when state and local officials are increasingly blurring the lines between church and state, experts said.

Legal experts say the donation appears to have violated multiple state and federal laws, including a provision in the Texas Constitution that prohibits political subdivisions, including public junior colleges, from granting anything of value to aid an individual, association or corporation without return benefit. They also pointed to another provision in state law that prohibits public junior colleges from conveying, selling or exchanging their land for less than fair market value unless the land goes to an abutting property owner.

In 2004, then-state Attorney General Greg Abbott, now the governor, cited that provision when Weatherford College had planned to lease half an acre of land to the Wesley Foundation, a United Methodist campus ministry that planned to build a student center with a nondenominational chapel and church administrative offices. Abbott’s opinion said Texas law required the college to charge fair market value when selling or leasing land and to maintain control over the property, which the public school system had not done.

Retired Baylor University law professor Ron Beal said the same tenets apply to the more recent transaction. Had the college simply looked back on Abbott’s 2004 opinion, it would have known better, he said. “The junior college is absolutely prohibited from doing what they did,” he said. “It was a pure gratuitous transfer of public monies to solely benefit private persons at the expense of state taxpayers.”

Texas provides little oversight in such cases. Community college land transactions are not under the purview of the Texas Higher Education Coordinating Board, which oversees public junior colleges, according to an agency spokesperson. The spokesperson said complaints about such transactions can be filed with the attorney general, who can choose whether to investigate. The Texas attorney general’s office, which did not respond to requests for comment, didn’t receive complaints related to the donation, according to records obtained by ProPublica and the Tribune.

College board members who voted in favor of the donation either did not reply to requests for comment or declined to speak with the news organizations.

The donation generally went under the radar even in the small, rural community. The local paper covered a ribbon-cutting ceremony but did not address the legality of the donation. John Kuhn, who served as superintendent for the Mineral Wells Independent School District at the time, said he had no idea the college was donating the land. Had Kuhn known, he said he would have asked that his district be considered. It is running out of space in its elementary schools and might have even contemplated buying the property, Kuhn said.

Community Christian School has yet to occupy the facility in Mineral Wells, Texas, as it raises the funds needed to make repairs that its leader estimates will cost $1.2 million. (Shelby Tauber for ProPublica and The Texas Tribune)

Aside from the legal questions, the donation raises concerns in a state that increasingly blurs the line between church and state, said University of Houston political scientist Brandon Rottinghaus. He pointed to examples including a new law that allows schools to hire unlicensed chaplains to work in mental health roles, Abbott’s hard push for a school voucher-like program that would allow taxpayer funding to support private and religious education, and the State Board of Education’s consideration of a measure that would require schools to teach the Bible.

“Over time, you’ve had so many of these issues that have battered the guardrails to the point now where it’s hard to have the guardrails be the divider of church and state as designed in some of these laws,” Rottinghaus said.

Curlee, the college’s attorney who has since retired, said the potential liability of owning the aging property outweighed its usefulness and that the college had already started moving classes to other buildings prior to the donation. He and the college’s current attorney, Jay Rutherford, maintain the donation did not violate any laws. Neither explained their reasoning or responded to questions about what legal experts told ProPublica and the Tribune.

Those experts also said the donation appears to violate the U.S. Constitution because, by Curlee’s own acknowledgment, the college never listed the property for sale and did not offer to donate it to any other organizations.

“If there’s evidence here that the college was not neutral, and that it was favoring this Christian school and left everyone else out of the process, that would violate the principle of Carson v. Makin,” said Steven Collis, a law professor and director of the Law and Religion Clinic at the University of Texas at Austin, referring to a case in which the Supreme Court ruled that Maine’s school voucher program could not exclude religious schools.

Jefferson, the administrator of Community Christian School, said he did not believe the donation violated any laws and that God gave him the property as a reward for taking care of it in the past. The private Christian school would at times use the property at no cost for one-act play competitions. When it did so, Jefferson said he cleaned, paid for utilities and provided liability insurance.

“And I did that because I believe God said that building belongs to us. I believed for years and years that was going to happen and then it did,” he said.

by Jessica Priest

A Vexing To-Do List for Michigan’s Gretchen Whitmer

3 months ago

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With a conspicuous presence this week at the Democratic National Convention in Chicago and a bestselling new memoir, Michigan Gov. Gretchen Whitmer is celebrated as an ascending leader — someone who won over a decidedly purple state in 2018 by promoting commonsense solutions to issues affecting millions of people.

Former House Speaker Nancy Pelosi effusively praised the governor at the Michigan delegation breakfast on Wednesday morning, saying: “She has been remarkable. Every time I hear her speak, I think sharp. Sharp in her message. Sharp in her effectiveness.”

But time is running out in Whitmer’s second and final term as governor to follow through on some key campaign promises.

Whitmer vowed as a candidate to “fix the damn roads,” bring transparency to state government, fight for a $15 minimum wage, repeal the emergency manager law and get a handle on companies that extract and sell large quantities of Michigan groundwater.

Six years later, those populist pledges are partially or entirely unfulfilled.

Advocates and even some allies are waiting for Whitmer to take up the causes she campaigned on during a critical period, when Democrats still have firm control over how the state is run. “Obviously, I would welcome the governor’s support,” said House Majority Floor Leader Abraham Aiyash, a Democrat who is working to replace the emergency manager law that has been so controversial in the state.

But it’s not clear if that support will come during a busy election season; nor is it clear what Whitmer will focus on once she leaves Chicago.

Whitmer’s office didn’t provide a response to questions from ProPublica for this story.

She’s heralded by some political observers for navigating both a divided state government and a pandemic in her first term, while still making progress on many priorities. When her gas tax proposal for road repairs fell flat, for example, she turned to bonds to help with immediate needs.

Heightened expectations from her supporters came in 2022 when Democrats won the governor’s office and both chambers of the Legislature for the first time in about 40 years. With a projected $9.2 billion budget surplus to boot, Whitmer and her party were virtually without obstacles for whatever they wanted to do.

Her supporters point to successes since then. She and the Legislature were able to codify abortion rights; repeal the “right-to-work” law that allowed workers in unionized jobs to opt out of union dues and fees; enact policies aimed at preventing gun violence; pass juvenile justice reforms; expand the earned income tax credit; and provide free breakfast and lunch to all public schoolchildren.

“Whitmer has overcome obstacles to keep many of her campaign promises. But there are more promises to keep,” Mark Brewer, former chair of the Michigan Democratic Party, said in an email.

Figuring out how to fund ongoing road improvements, for example, fell off the radar. “Now she has a Democratic House and Senate, and still nothing’s getting done,” said Eric Lupher, president of the Citizens Research Council of Michigan, a nonpartisan policy organization that has studied road funding.

Whitmer has also not publicly advocated for pending bills that would open up the records of the governor’s office and the Legislature. And, to date, the minimum wage is just $10.33. A recent ruling by the Michigan Supreme Court puts the state on a path toward a higher wage, including for tipped workers, but business groups are pressuring lawmakers in the capital to intervene and Whitmer has been quiet about whether or not she supports a compromise.

“Her last two years have just been so consumed by the pent-up priorities of 40 years for Democrats that a lot of those like first-term promises took a back seat,” said Susan Demas, editor in chief of Michigan Advance and a longtime political columnist.

A spokesperson for Senate Majority Leader Winnie Brinks said in an email that “we anticipate having a productive second half of the year and conversations about the fall agenda are ongoing.”

Demas sees a talented leader in Whitmer, one with a future on the national stage — in part because she governs as a pragmatist. And that same pragmatism helps explain Whitmer’s shifting agenda, she said.

“Making State Government More Open”

Whitmer delivers her State of the State address in January 2023. (Al Goldis/AP)

From misbehavior by legislators to the Flint water crisis, scandals revealed the cost of secrecy. Whitmer said she was committed to “making state government more open, transparent and accountable to Michigan taxpayers,” according to her 2018 Sunshine Plan.

Expanding the Freedom of Information Act was a key part of the strategy. Michigan is the rare state where both the governor’s office and Legislature are exempt from open records law.

In the plan Whitmer laid out while running for governor, she pledged that even if the Legislature didn’t act on the need for transparency, she’d voluntarily “extend FOIA to the lieutenant governor and governor’s offices. Michiganders should know when and what their governor is working on.”

She has yet to do so. And to some, the governor’s promises of transparency contrast with reports about her administration’s use of nondisclosure agreements with lawmakers regarding economic development deals and a memo asking to review record requests sent to other departments that include one or more communications with the executive office.

“To me, that is just an unforced error, the height of hypocrisy,” said Abby Mitch, executive director of Michigan Rising Action, a right-leaning watchdog group.

Whitmer has defended the use of confidentiality agreements for economic development projects, according to Bridge Michigan, a nonprofit news service, saying there is “a lot of proprietary information” shared as states compete for these investments.

Regarding the memo, Bridge reported that Whitmer’s spokesperson described the policy as a way to increase efficiency and said that the governor’s office never approves or denies the release of public records.

Sen. Ed McBroom, a Republican, and Sen. Jeremy Moss, a Democrat, have been trying to expand FOIA for nearly a decade, dating back to when they served as representatives during the administration of Gov. Rick Snyder, a Republican, who served from 2011 through 2018. Their latest bills passed the Senate for the first time in June.

If signed into law this year, the bills would take effect on Jan. 1, 2027, the day the next governor takes office, and retroactive requests could be excluded, according to an analyst with the Senate Fiscal Agency.

Lawmakers needed a start date that allows time to build capacity and protocols to meet new requirements, Moss said. McBroom noted that since there aren’t currently record retention rules, retroactive requests would “just be causing a lot of work to get a paper back that says there isn't anything to show you.”

After years of negotiation with diverse stakeholders, including the governor’s office, Moss said, “we feel we got it right.”

Lisa McGraw, the public affairs manager of the Michigan Press Association, said the bills aren’t perfect, but they’d be a huge step forward. Local government officials are subject to FOIA, she pointed out, as is the attorney general and secretary of state. “I don’t know why we don’t put the governor and the Legislature to the same level of accountability and transparency,” she said.

It’s now up to the House to take up the issue, and to do so during a crowded campaign season. “We’re down to the wire,” McGraw said.

Whitmer could accelerate the process and set an example by giving the go-ahead to pass the measure opening up her own office first, McBroom said. But he understands why she wants to take the leap together. “It’s always very difficult to unilaterally disarm in the political world,” he said.

“Fix the Damn Roads”

Whitmer fills a pothole during a campaign event in 2018. (Paul Sancya/AP)

Dangerously deteriorating roads are a perennial complaint of Michiganders. Leaders from both parties have struggled to maintain them. Pavement quality ranks 40th nationally and 10th in an 11-state peer group, according to the Citizens Research Council.

In 2019, after Whitmer’s proposal of a 45-cent gas tax increase died before the GOP-led Legislature, the governor opted for $3.5 billion in state bonds. That was later supplemented by Michigan’s cut of federal infrastructure money.

The result: State spending on road and bridge programs nearly doubled between 2015 and 2023, according to a recent CRC report. But with rising construction costs over that period, the purchasing power of Michigan’s road agencies only increased by about 50%. And the spending relies on short-term funds that will soon dry up. State officials have still not established a sufficient and sustainable revenue stream for roads.

Bonds are “pulling revenues from the future to pay for the fixes now,” said Lupher, CRC’s president.

Former Gov. John Engler, a Republican, made a similar move in the 1990s, Lupher said, and the state “paid the price in the years that followed” — literally. Paying the principal and interest left less money for upkeep, which then deteriorated the value of the investment, he said.

Subpar roads contribute to Michigan’s long-running struggle to retain and grow its population, according to a report last December from an advisory council appointed by Whitmer. “Instead of being an asset to Michigan residents, visitors and businesses,” the council said, “the current inadequate maintenance and funding of our roads, highways and bridges is a liability.”

The year Whitmer was elected, the Michigan section of the American Society of Civil Engineers gave the state’s roads a D- in its report card. Last year, it gave a D. The report said that within 10 years, without further action, the proportion of paved roads in poor condition will increase from 33% to 48%.

Even with the new state and federal investments, Michigan’s funding gap is $3.9 billion per year, according to researchers commissioned by an industry group to study the issue. Michigan’s complex and decentralized funding system also likely leads to inefficient spending. “The only thing more broken and busted than Michigan’s roads,” the CRC said in a 2022 report, “is the funding system that we’re using to try to fix them.”

Whitmer has indicated that she no longer supports a gas tax increase, according to news reports. But she and Democratic leaders have yet to develop another funding source.

“Once the Legislature said no to a gas tax increase and she introduced the bond idea,” Lupher said, “they washed their hands of it. So definitely, the next governor, two governors from now, is going to have to figure it out. But for this one: problem avoided.”

“Return Power Back to Local Governments”

Supporters at a Whitmer campaign event in Lansing, the capital, in 2018 as she was running for her first term. She is now in her second and final term. (Cory Morse/The Grand Rapids Press via AP)

Whitmer’s Sunshine Plan also promised to repeal Michigan’s emergency manager law, which gives state-appointed administrators unusual authority over distressed cities and school districts. Under Snyder, Whitmer’s predecessor, managers were dispatched to Detroit ahead of its bankruptcy and to Flint during a period that overlapped with a cataclysmic water crisis. Their takeover powers — which essentially replace local representative decision-making — are widely seen as contributing to the catastrophe in Flint.

“I fought against the ill-conceived Emergency Manager law when it was pushed through the Legislature — not once but twice — during the early days of Governor Snyder’s administration,” Whitmer said in the 2018 plan. “I will return power back to local governments and will provide meaningful investment, support and assistance to partner with local elected officials.”

Part of the controversy is that, in 2012, voters rejected lawmakers’ initial effort to expand the power of emergency managers in a statewide referendum. The following month, the Republican Legislature passed a similar version of the law — this time with an appropriation attached, making it immune from future referendums.

The Whitmer administration has never appointed an emergency manager, but the law remains active. Brewer, the former head of the Michigan Democratic Party, said in an email that one of the promises he’s looking to see Whitmer fulfill is “repealing the anti-democratic emergency manager law which led to the poisoning of Flint.” To date, though, efforts to do so have stalled.

A statement previously provided to ProPublica from Whitmer’s press secretary said that the governor will “work closely with the legislature if they take up legislation reforming the state’s emergency manager law.”

Some legislators have said that repealing the law must come alongside a new policy for the state to respond to struggling cities and schools. Aiyash, the House majority floor leader, told ProPublica that he’s collaborating with another lawmaker to propose such legislation this fall.

“It’s not like this is a hypothetical,” Aiyash said. “We saw what emergency management did to these communities and know that it can happen again at any moment. So we have to make sure that they’re not going to give folks the opportunity to utilize this archaic, punitive law anymore.”

Whitmer, as a candidate, centered Flint in her campaign — and not only in her opposition to the emergency manager law. She also criticized the state for allowing a bottled water company to dramatically increase how much groundwater it extracts in exchange for nominal fees while there were residents who struggled “to pay past-due bills for undrinkable water,” as her campaign’s water plan put it.

In her plan, Whitmer said her administration would “control the siphoning of water for water bottling,” but there’s been little change, as ProPublica reported this year.

“Focus on Raising Wages”

Whitmer speaks during a campaign rally at Michigan State University in 2022. (Brandon Bell/Getty Images)

Whitmer made a $15 minimum wage part of her platform in 2018, phased in over three years, and promoted the Fight for $15 cause, which has since rebranded as Fight for a Union.

“To build an economy that works for everyone, we need to focus on raising wages for all working families,” she said in her campaign’s jobs plan.

Then things got complicated.

At the time, Michigan seemed headed for ballot initiatives where voters would decide whether to increase the minimum wage, phase out the lower wage for tipped workers and require employers to provide paid sick leave. But the Legislature, then led by Republicans, kept it off the ballot by adopting the petitions as law — and then, after the election, promptly watering them down. It increased the minimum wage by a smaller amount, retained the tipped wage and scaled back what is required for paid leave.

This summer, the Michigan Supreme Court ruled that this “adopt-and-amend” tactic is unconstitutional. The court instructed the state to phase in the provisions in the original laws, with adjustments for inflation. The state has yet to determine what the increases would look like over time. The Michigan Restaurant & Lodging Association projected that the minimum wage would reach $13.50 by 2028.

While organizations representing workers are celebrating, business groups are pushing back.

The MRLA said on its website that it’s working with Lansing leaders on a legislative solution to offset the ruling’s impact on the hospitality industry. “This is an existential, all-hands-on-deck moment for our industry,” the MRLA notice said.

Justin Winslow, MRLA’s president and CEO, told ProPublica that his group has heard nothing from the governor since the ruling, which he interprets as a positive: “She’s going to let the Legislature do what it needs to do to correct this.” He said he’s encouraged by quotes in the Detroit Free Press in 2022, where, he said, the governor “stressed the need for a compromise.”

Some Democratic legislators have also been quiet on potential modifications to the laws.

Justin Onwenu, a point person in Michigan for the nonprofit One Fair Wage until recently, said that given their strong track record, he expects Whitmer and the Democratic-led Legislature “to continue to have the backs of workers.”

Whitmer has not publicly stated if she supports or opposes any change to the laws.

by Anna Clark

Cookie & Zo’e: A Georgia Family Wrestles With School Choice 60 Years After the Start of Desegregation

3 months ago

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

In 1964, Samaria “Cookie” Mitcham Bailey was among the first Black students to desegregate public schools in Macon, Georgia. Sixty years later, her 13-year-old great-granddaughter, Zo’e Johnson, attends a private school that opened as white families fled desegregation. Researchers call schools like these “segregation academies.”

“So what touched you most about Grandma’s story?” asked Alyse Bailey, Zo’e’s great-aunt, as they sat at Cookie’s dining room table this year. Zo’e paused for a moment. “How she took people’s comments and racial things,” she said. “It didn’t stop her from what she wanted to do in life.”

Cookie still carries hurtful experiences from the year she desegregated a white high school. One instance happened during an English class. “This girl asked me if I had a tail,” Cookie recalled. She turned to the girl and demanded to know if she could see a tail.

“I’m a human being,” Cookie said.

Cookie hoped that her work desegregating schools would lead to more equal educational opportunities for future generations. Yet, when Zo’e began to have problems at her local public middle school, her family searched for options. Almost all were schools that remain largely segregated.

The family chose First Presbyterian Day, a predominantly white school known for its strong academics and Christian worldview. With the help of a state voucher-like tuition grant, Cookie has paid for Zo’e’s seventh grade year at the school. But she’s not sure she can continue to afford it.

Watch this 12-minute documentary to learn more about the challenge the family now faces.

by Liz Moughon