Sunday, March 3, 2013

How Stephen Berger merges hospitals into closure

Berger-Quinn-del-Arroyo-Pataki photo Berger-Quinn-del-Arroyo-Pataki-Hospital-Closings_zpse1562609.png

Hospitals can be counted on to fail and close in the vicious market-based financing model that depends on decreasing insurance company reimbursement rates. Hospitals can also be counted on to fail and close if Stephen Berger ever mentions the word, "merger."

In 2000, Saint Vincent's Catholic Medical Centers of New York (SVCMCNY) was then a "newly merged enterprise of seven acute care hospitals with services that include a wide spectrum of health care. The system includes 2,600 acute medical/surgical beds, 61 primary care, behavioral health and ambulatory care sites, 800 long-term care beds, 1 million home care visits, approximately 2,000 physicians, and 15,000 associates. SVCMCNY serves communities in Brooklyn, Manhattan, Queens, Staten Island, and Westchester." (Source 1 ; Source 2)

The hospitals in the network included St. Vincent's Hospital in Greenwich Village, St. Vincent's Hospital (Staten Island), Mary Immaculate Hospital in Queens, St. John's Queens Hospital, Saint Joseph's Hospital in Queens, St. Mary's Hospital of Brooklyn, and Bayley Seton Hospital in Staten Island.

The New York Times later reported that St. Vincent's began to immediately struggle from this large-scale merger

"The merger was seen as a way of consolidating costs and allowing the Catholic hospitals wrapped into the system to continue their mission of providing care for the poor and uninsured. But the landscape soon changed, and hospitals found themselves with too many beds, too few patients and less reimbursement from public and private insurers. At the same time, medical costs - from equipment to malpractice insurance - were skyrocketing." (Source 3)

By 2005, the combined losses and debts of the hospital chain were too much bear ; the hospital system filed for bankruptcy. The 2005 bankruptcy filing was described at the time as the largest hospital bankruptcy in New York. (Source 4)

What first began as a noble purpose to help the poor and uninsured, the hospital mega merger began to become unhinged due to losses and debts. Saint Vincent's Catholic Medical Centers of New York (SVCMCNY) began to unravel its huge mega merger, because the economics of the market-based hospital financing system was just too vicious to bear.

Two hospitals, in particular, had to be spun-off. After St. Vincent's incurred untold millions of dollars in debt to keep St. John's and Mary Immaculate operational, $25 million is debt had to be absolved when the two hospitals were packaged off to Wyckoff Heights in Brooklyn under a new umbrella company named Caritas Health Care. Combined, the two Queens hospitals lost $60 million in 2008, and the two hospitals began 2009 with another $27 million in debt. (Source 5a)

At each step, smaller community hospitals kept being shuffled between parent holding companies. Along with the hospital assets, each transaction also shoveled along all the hospitals' debts.

The investment banker Stephen Berger, who has been tasked with closing hospitals by a series of neo-con and neo-lib governors, learned that mergers or spin-offs turned out to be a sinister, backdoor way to destroy public hospitals or hospitals with charitable missions. Mr. Berger has a die-hard, profit-driven ethics, which is to say, he willingly subverts public health if there is a way to try to squeeze profits out of somebody else's medical suffering.

Hospitals set up as a public charity, with noble missions to serve the poor, like St. Vincent's, was an affront to Mr. Berger's mission to wage a scorched earth campaign against hospitals that served the uninsured : Mr. Berger has been wanting to set up more market-driven, profit driven hospital systems, so that profit-centered care could win over patient-centered care.

The sad tale of St. Vincent's turned from tragedy into insult in 2010, when it filed for bankruptcy a second time. "In a filing with the U.S. bankruptcy court in Manhattan, St. Vincent's said it has between $100 million and $500 million of assets, more than $1 billion of liabilities, and between 25,000 and 50,000 creditors. The hospital was founded in 1849 to serve the poor." (Source 5b) Its bankruptcy, this time, was partly caused by the Rudin family, who held mortgages on some of the hospital's real estate, as a backdoor way to take ownership of the hospital's valuable real estate in the trendy West Village section of Manhattan.

Because hospitals are treated as a business, they are left to fend for themselves in a vicious market-based financing model that keeps hospitals getting squeezed from all sides.

Dr. James Satterfield, president of the Medical Society for the County of Queens and vice chairperson of surgery for Caritas, began to see that there was a very fundamental financial challenge facing community hospitals. Dr. Satterfield suggested that state and federal officials help draft a "comprehensive plan" to assess how best to save hospitals from closing. "We must salvage these hospitals. We cannot continue to cripple the health care of Queens," Dr. Satterfield said, referring to the impending closing of St. John's Hospital Queens and Mary Immaculate Hospital -- the two hospitals that St. Vincent's had to cast off, after its first bankruptcy filing. "Physicians are losing their practices. Hospitals are dying essentially. We cannot let this start here and let the domino effect take place," Dr. Satterfield said. (Source 5c)

After having lost millions of dollars and incurred millions more in debts, and then bankruptcy spin-offs, St. John's Hospital Queens is now being prepared to be transformed into a mixed-use retail-apartment complex. (Source 5d) Meanwhile, St. Vincent's is being transformed into a billion-dollar luxury condominium and townhouse complex.

But the financial stretch that the 2000 St. Vincent's mega merger caused, the 2005 bankruptcy, and the 2007 reörganization that lead to the spin-off of St. John's Hospital Queens and Mary Immaculate Hospital never lead to a greater examination of Dr. Satterfield's concerns about the inadequacies in the market-based financing model for hospitals.

Instead, it would seem that the Department of Health, Gov. Andrew Cuomo, and Stephen Berger seem to wield hospital mergers or spin-offs as a backdoor way to close down hospitals.

Weaker hospitals are enticed with the assets of struggling hospitals to agree to a merger, on the one hand, but, on the other, crushing debts and steep financial losses are always part of hospital mergers.

Thus, the newly combined parent holding company are saddled with larger financial stresses, just like the 2000 St. Vincent's mega merger and the 2007 Caritas spin-off to Wyckoff.

Knowing how the mergers amongst the hospital components in the former Saint Vincent's Catholic Medical Centers of New York (SVCMCNY) have fared, is it any wonder why Stephen Berger advocates mergers for the hospitals that he really wants to target for closure ?

Witness how the Long Island College Hospital and SUNY Downstate Medical Center merger is now playing out ?

Witness the pressure by Stephen Berger for Interfaith Medical Center to merge with Wyckoff Heights Medical Center and Brooklyn Hospital.

When it filed for bankruptcy, Interfaith officials told The New York Times that turning over operational control to Brooklyn Hospital without the state’s first promising the financing needed to keep Interfaith going would be tantamount to a covert plan to close Interfaith in a year and a half or so.

Witness, too, the "buy-out" of Westchester Square Medical Center by Montefiore Medical Center. Westerchester Square is expected to be "downsized" into an urgent care center, which, in Stephen Berger's greedy little mind, is one step away from financial failure.

All these hospital closings are making it dangerous for patients in life-or-death medical emergencies. "Patients seeking care at New York hospitals spend nearly five hours in emergency rooms -- among the worst rates in the country. New York state hospitals rank 46th in the nation for the length of time in e.r.s, tied with Mississippi. (Source 6)

"The longer wait times may be due to recent closures of health facilities, such as St. Vincent's Hospital...." (Source 7)

Not only that, but all of the hospital closings compounded the damage to hospital infrastructure following the devastation caused by Hurricane Sandy.

“If the Times Square bomber had actually blown up his car, injured victims able to walk would have found the doors of nearby St. Vincent's closed and locked,” said Dr. Angela Gardner, president of the American College of Emergency Physicians. (Source 8)

And in all this time, has New York City Council Speaker Christine Quinn or New York City Council Health Committee Chair Maria del Carmen Arroyo ever held a hearing to find a way to fundamentally alter the way that hospitals are funded, the way that Dr. Satterfield has been seeking ?

Already, there is talk that Long Island College Hospital will be transformed into luxury condominiums, too.

Saturday, March 2, 2013

Christine Quinn Takes More Heat Over Blocking Of Paid Sick Leave

Christine Quinn takes heat at mayoral forum for blocking vote on paid-sick-leave bill; Controller John Liu was consistently applauded by Harlem crowd.

From The New York Daily News :

Public Advocate Bill de Blasio, seated next to Quinn during a lively forum in Harlem on poverty issues, also ripped into the Council Speaker for helping pass a “watered-down” living-wage bill.

Controller John Liu consistently drew the loudest cheers from the largely minority audience, as he went further on several issues than his Democratic rivals – Quinn, de Blasio, ex-City Controller William Thompson and former Councilman Sal Albanese. For one, he called for the minimum wage to be raised to $11.50 — the current rate is $7.25 in New York — while his opponents said they favored President Obama’s preferred figure of $9.

Liu also repeated a previous demand to have the NYPD’s controversial stop-and-frisk policy halted. “It makes everybody less safe,” he said. The other candidates argued to keep the practice but reform the way it is applied.

Publisher Tom Allon was the only GOP candidate to attend ; three others, including former MTA boss Joe Lhota, declined invitations.

Friday, March 1, 2013

NYPD lied under oath in Occupy Wall Street trial

Jury Finds Occupy Wall Street Protester Innocent After Video Contradicts Police Testimony [Updated: VIDEO]

Occupy Wall Street - D17 Arrest from Jon Gerberg on Vimeo.

Michael Premo was found innocent of all charges this week in regards to a case that stems from a December 17, 2011 Occupy Wall Street demonstration in Lower Manhattan. For over a year, prosecutors working on behalf of the New York Police Department have insisted that Premo, a known artist and activist, tackled an NYPD officer during a protest and in doing so inflicted enough damage to break a bone. (NYPD lied under oath in Occupy Wall Street trial : RT.com)

In the first jury trial stemming from an Occupy Wall Street protest, Michael Premo was found innocent of all charges yesterday after his lawyers presented video evidence directly contradicting the version of events offered by police and prosecutors. (Jury Finds Occupy Wall Street Protester Innocent After Video Contradicts Police Testimony : Village Voice)

Thursday, February 28, 2013

Is Fried Frank betraying the legacy of Sarge Shriver ?

Like our new Facebook page : Is Fried Frank betraying the legacy of Sarge Shriver ?



From the Demand A Hospital e-mail listserv :


Dear All : 
We were a small group today, but we did well to keep showing up to say that our fight goes on :  we still need a full-service hospital to replace St. Vincent's. 
At today's real estate forum, it shocked our conscious to learn that Julie Menin, candidate for Manhattan Borough President, was a participant -- even through the highlight of the forum was Melanie Meyer's and Samantha Rudin's distorted presentation about St. Vincent's Hospital.  We will contact Ms. Menin, to ask her to explain why she took part in the real estate forum, if it was glorifying the Rudin takeover of St. Vincent's.... 
We were not allowed inside the forum, and one of our friends reported to us that the conference was deliberately not being recorded or live streamed, because the forum's participants did not want their conversations recorded for public examination.  While Melanie Meyers and Samantha Rudin talked about the profits that they are making, they don't want us to know the exact amount of their riches... 
Here is our video of our protest, pointing out how Melanie Meyers and the Rudin family are corrupting Sarge Shriver's legacy at the law firm of Fried Frank :  http://youtu.be/O-lN9sw2UsA 
Thank you for all that you do.

Tuesday, February 26, 2013

Google YouTube Censorship Warning

I had to write to Google tonight, because of a threat of censorship on one of my YouTube accounts. The timing is very interesting. Why all of a sudden now does one of my entire YouTube channels get flagged for deletion ? Hmmmmmmmmm.

Monday, February 25, 2013

This Week in Carolyn Ryan Media Bias

Everybody reported about Christine Quinn being booed about the Upper East Side waste transfer station, except for The New York Times. No surprise !!

As usual, almost the whole wide world has by now reported about the latest occasion when New York City Council Speaker Christine Quinn has been jeered at a large meeting, excepting, of course, the Metropolitan Section of The New York Times, which is edited by Speaker Quinn's brunch date, Carolyn Ryan.

"Upper East Siders opposed to the construction of a waste transfer station in their neighborhood booed City Council Speaker Christine Quinn at a mayoral forum," (NYPost).

After City Council Speaker Christine Quinn said she supported the location of the trash depot, she was promptly booed. "Don't expect us to vote for you, baby!" one angry voter screamed. (Gothamist)

"Speaking at a candidate forum on East 93rd Street, hosted by Rep. Carolyn Maloney, more than a hundred residents, some wearing green "Dump the Dump" t-shirts, heckled and booed the one candidate who said explicitly that the East 91st Street location for the garbage facility should not be changed: City Council Speaker Christine Quinn," (Capital New York).

Ms. Ryan has to bend the journalism in The New York Times to fit the mayoral agenda of Speaker Quinn's politics. Ms. Ryan makes it her duty to keep portraying Speaker Quinn in the best light, because that's what Speaker Quinn wants.

It's not like you would expect something even approaching journalistic balance from Ms. Ryan or The Times ?

Follow us on Facebook : We Protest Media Bias In The New York Times

Sunday, February 24, 2013

Protest against Melanie Meyers and Samantha Rudin by St. Vincent's Hospital Activists

UPDATED : VIDEO OF PROTEST :

The Fried Frank lawyer Melanie Meyers and Samantha Rudin and her father, Bill Rudin, tarnish the legacy of Sarge Shriver.

Sarge Shriver's old law firm, Fried Frank Harris Shriver and Jacobson, have spent years representing the Rudin family's hostile takeover of St. Vincent's Hospital.

While the entire Lower Manhattan has no more Level I Trauma Center, the Rudin family (with Fried Frank's help) stand to make hundreds of millions of dollars from the luxury condo conversion of St. Vincent's Hospital.

What would Sarge Shriver's family think about Fried Frank engaging in business that goes contrary to Sarge Shriver's legacy of public service and Progressive and humanitarian causes ?

Vulture Capitalism Melanie Meyers Samantha Rudin St. Vincent's Hospital photo melanie-meyers-samantha-rudin-banner-photo_zps4ed9b2d8.jpg

St. Vincent's Hospital activists announce a protest against Melanie Meyers and Samantha Rudin.




Rudin Management Company are laughing all the way to the bank with all the money that they are making from the reckless luxury condo conversion of St. Vincent's Hospital, and now they are gloating about it !  Join us for a protest this week :

Date :  Wednesday, 27 February 2013

Time :  2:30 pm - 3:00 pm

Place :  McGraw-Hill Companies, 1221 Avenue of the Americas (btwn 48th and 49th Streets), Manhattan

Executives from Real Estate Weekly Women's Form are gathering at McGraw-Hill on Wednesday to discuss how real estate executives can further their careers and discover new business opportunities. Among the many speakers are Melanie Meyers, the Fried Frank law firm partner who was paid hundreds of thousands of dollars to lobby CB2 and the City Council, and Samantha Rudin, from Rudin Management Company.

Join us as we protest from 2:30 - 3:00 outside McGraw-Hill's offices at 1221 Avenue of the Americas.

Here is the specific entry on the day's agenda, which reveals how Ms. Meyers and Ms. Rudin plan to describe how Rudin Management Company succeeded in exploiting community resources for private profit :

2:35 PM :  The Journey of St. Vincent’s

A look into Rudin Management’s vision for the development of St. Vincent’s, the milestones that have been met to pave the way for the project, the twists and turns that had to be addressed in achieving them and what we can expect as the redevelopment takes shape. The recent land use approvals will allow the abandoned hospital to be converted into a new, primarily residential and environmentally friendly complex encompassing the adaptive reuse of six historic buildings and the creation of a new public park that commemorates the history of St. Vincent’s Hospital.

Melanie Meyers, Partner, Fried Frank
Samantha Rudin Earls, Vice President, Rudin Management Company

Notice how Melanie Meyers and Samantha Rudin are portraying St. Vincent's Hospital as having been "abandoned."

CORRECTION :  It was Rudin Management Company, Fried Frank, Christine Quinn, Mayor Michael Bloomberg, Gov. Andrew Cuomo, and the city and state Departments of Health which abandoned St. Vincent's.

Please bring signs to protest the Melanie Meyers, Samantha Rudin, Bill Rudin, and Rudin Management Company.  Our community still needs a full-service, Level I Trauma Center to replace St. Vincent's.

Please RSVP on the Facebook Invite :  https://www.facebook.com/events/133601436814483/

2013-02-27 Agenda | Real Estate Weekly Women's Forum by

1,000 days in jail for Bradley Manning ; 1,000 days of silence from Christine Quinn

1,000 days in jail for Bradley Manning ; 1,000 days of silence from Christine Quinn

Today, LGBT Army PFC Bradley Manning marked his 1,000th day imprisoned without a trial, reported Raw Story. PFC Manning is "suspected" of being the source of making government transparency disclosures to WikiLeaks.

PFC Manning is an LGBT service member, and many groups and leaders have been advocating for justice for PFC Manning. But New York City Council Speaker Christine Quinn has been eerily silent.

"It has taken him from the desert of Iraq, where he was arrested at a military operating base outside Baghdad, to a prison tent in Kuwait. From there he endured his infamous harsh treatment at Quantico Marine base in Virginia, and for the last 14 months he has attended a series of pre-trial hearings at Fort Meade in Maryland, the latest of which begins next week," reported Raw Story.

Among the violations of due process, government transparency, torture, and other charges, the government's prosecution of PFC Manning includes blatant acts of censorship.

No statement of support from LGBT leader Christine Quinn, who has her own murky history of redacting government documents.

What kind of an LGBT leader is Speaker Quinn if she remains quiet about the government's violations of PFC Manning's constitutional rights ?

OKAY, PANIC : The sugary drinks ban endangers coffee !

Nanny Bloomberg Mary Poppins Soda Ban Mike Bloomberg photo Nanny-Bloomberg-Mary-Poppins-Soda-Ban_zpsa573e101.jpg

Mike Bloomberg's nanny over-reaching sugary drinks ban goes into effect March 12. Will people panic, if all sugary drinks have to be downsized -- including coffee ? As of yet, the sugary drinks peddled by Starbucks, like the "610-calorie venti iced white chocolate mochas with whip cream on top," seem to have sneaked by the ban, "but a Coke with fewer than half the calories is verboten." (See also : NAACP vs. Bloomberg’s Soda Ban : The NAACP and other minority groups fight back.)

Saturday, February 23, 2013

Former Parks Chief Opposes NYU Expansion Plan

Henry Stern, Former Chief of Parks, Joins Legal Effort to Block the NYU Expansion.

From The Wall Street Journal :

Henry Stern, who led the Parks Department for 15 years under mayors Ed Koch and Rudolph Giuliani, said in an affidavit filed Friday that the city had for decades "either expressly or impliedly" dedicated the four sections on the superblocks between Houston and West Third streets as public parks. Mr. Stern's affidavit was part of a legal effort to block the NYU expansion.

The tracts of land—LaGuardia Park, LaGuardia Corner Gardens, Mercer Playground and the Mercer-Houston dog run—would be taken for either the permanent or temporary use of NYU in the construction of its planned 1 million-square-foot development. The City Council voted to approve the expansion plan in July, over the opposition of some neighborhood groups and members of the university's faculty.

"It was always the City's intent in continuously making these sites available to the public for recreational use over many years to treat them as dedicated parkland," Mr. Stern's affidavit says.

Read more : Former Parks Chief Opposes NYU Expansion Plan

Cut Oil Subsidies

Budget Cuts Education or Oil Subsidies photo education-oil_zpse789d432.jpg

Middle class families should not be forced to scrape by with less while oil companies get away with more.

Thursday, February 21, 2013

@StopNYMRT Tweets On SUNY Downstate #LICH Closure Plan

Wednesday, February 20, 2013

The Wrath of Quinn : Endorse Her Or Else No Slush Funds For You !

Christine-Quinn-Bad-Hair-Day photo Christine-Quinn-Bad-Hair-Day_zps77af4598.jpg

City Council Members Fear Budget Revenge if They Don't Endorse Quinn

From DNA Info :

Many City Council members are wary of endorsing candidates in the 2013 mayoral race until after budget season because they're afraid a vengeful Speaker Christine Quinn will cut their share of $50 million in discretionary funds, DNAinfo.com New York has learned.

The funds, which are controlled by the speaker, are dished out to members each summer to fund constituent-pleasing services, such as community centers and seniors programs. While Quinn’s office has long insisted that the money is allocated based on districts' needs, it’s no secret that members on Quinn’s good side tend to profit — while those who cross her get their budgets slashed.

And many Council members now worry that endorsing a rival in the mayor's race, where Quinn is widely perceived as the front-runner, will result in the same fate.

“I definitely think that discretionary funds will be wielded as a weapon in the fight for endorsements,” said one Democratic Council member, who, like nearly a dozen others who spoke to DNAinfo.com New York, asked for anonymity to avoid angering Quinn.

“Certainly, that is the elephant in the room,” another member said.

“It’s a legal form of blackmail," still another member said.

To avoid retribution, some Council members are weighing postponing their endorsements until July, after the budget is adopted and Quinn no longer has sway over the money.

See also : Endorse Quinn - or else ! (via Queens Crap)

"To This Day" anti-bullying video

Very moving and touching anti-bullying video, like you have never seen, but should. "To This Day" by Shane Koyczan.

At 1:20, he reminds us all what we heard growing up.

At 2:07, we meet another girl who was bruised by words.

At 2:57, we learn why she's awesome.

At 3:12, we meet a kid who was pummeled by pills.

At 4:28, we learn how many kids have to deal with this to this day.

At 5:23, if you've been bullied, you REALLY need to hear these words.

At 6:00, seriously, listen to these damn beautiful words.

And at 6:49, we get to the point that everyone should take to heart.

Help confront bullying by sharing this using the buttons below. It needs to be called out in spectacular fashion.

Help this message have a far reaching and long lasting effect in confronting bullying. Please share generously. For more information, visit : http://www.tothisdayproject.com

Tuesday, February 19, 2013

Christine Quinn is looking for endorsements and voters in the cemetery

Reality Sets In For Quinn, Isay : Early Poll Numbers Are An Illusion.

More and more, the Christine Quinn mayoral campaign are acting desperate.

Greg David published an editorial in Crain's New York Business giving everybody a reality check : The early polls portraying that Council Speaker Christine Quinn was an early leader in the crowded Democratic primary field are a fallacy !

Because Josh Isay, Matt Tepper, and Speaker Quinn's other campaign advisers know this, they are pulling out all the stops to maintain a public veneer of being in a leadership position, when in reality they could be further from it.

Earlier today, The New York Times published an article about how Speaker Quinn is now trolling through cemeteries and crematoriums for campaign endorsements. Speaker Quinn's mayoral campaign is trying to figure out how to milk the endorsement she received from Ed Koch before he died. (An Endorsement Hard to Pass Up, and Harder to Promote)

''The idea that Ms. Quinn is the front-runner is a media fallacy,'' wrote Mr. David.

How low can Speaker Quinn go, for an endorsement ?

“If I were running against her, what do you say? ‘How low will she go, six feet under, or more?’ ” quipped Kenneth Sherrill, a political science professor at Hunter College. “The question is, how voters will respond to it, what they will think of a candidate who uses it.”

If Mr. Isay and Mr. Tepper try to push former Mayor Koch's endorsement of Speaker Quinn's mayoral campaign, then Speaker Quinn risks triggering a major backlash from LGBT political and healthcare activists.

Has 32BJ union been infiltrated by real estate group ?

Has the union 32BJ SEIU become co-opted by the Real Estate Board of New York ?

A notable union representing doormen and service workers, 32BJ SEIU, appears to have become co-opted by the Real Estate Board of New York, a trade association of slumlords.

32BJ and REBNY will be screening mayoral candidates together in joint meetings. From the appearance of such an arrangement, the union and the trade association appear to be collaborating on a joint endorsement, which would mark the death of the independence of unions.

Already, Rob Speyer, chairman of REBNY, said in a statement, "Early on we realized that the interests of REBNY and 32BJ actually align in more ways than not."

Read the full story at : A union and a real estate lobby will screen mayoral candidates, together (Capital New York)

The neoconservatism of the REBNY has translated into neoliberalism at the unions. We are doomed.

Witness how New York City Council Speaker Christine Quinn booby-trapped the ATU Local 1181 bus strike by issuing a statement on February 12, in which she called on the union to end its strike and engaging in a "cooling off period."

There's more than one way to bust a union, either by dooming a strike, or by infiltrating it to sabotage its own best interests. Or so it apparently seems...

2013-02-12 Christine Quinn Statement of New York City Council Re ATU Local 1181 Bus Strike Union Busting by

Bloomberg: "No One Is Sleeping On The Streets"

Mike Bloomberg is blind to the homeless problem. No surprise.

Homeless advocates are criticizing Mayor Michael Bloomberg's assertion that "no one is sleeping on the streets," after he was asked today about a report that the city shelter system is turning away families during cold winter days. (NY1)

How can anybody take Mike Bloomberg seriously, if he is so blind to his own elitist worldview ? Will anybody take him seriously when he makes an endorsement in the mayoral campaign ?

Monday, February 18, 2013

A Gay Man Shuts Down Hateful Urban Preacher on NYC Subway

A man, who identified himself as gay, spoke up for himself and on behalf of all LGBT people, after an urban preacher began to shows hateful religious messages. At one point, the gay man calls the urban preacher a "false prophet." After some back and forth, the other straphangers applauded several times in a show of support to the gay man.

The video was posted on YouTube on Saturday, February 16, and it has begun to go viral.

Christine Quinn Caught In Stop-And-Frisk Trap

At tremendous political peril to Christine Quinn, the leader of the NAACP plans to make ''stop-and-frisk'' a major mayoral campaign issue.

New York City Council Speaker Christine Quinn has been so close and chummy with Mayor Michael Bloomberg's and NYPD Commish Ray Kelly's unconstitutional and racist policy of ''stop-and-frisk.'' She has been waging a neoliberal campaign that is hard on crime by being harder on people of color.

But now comes NAACP President Benjamin Jealous, who is sick and tired of the racial profiling that underpins the entire ''stop-and-frisk'' program, The New York Post reported.

Mr. Jealous "trashed" the stop-and-frisk program during remarks he made at Nazarene Congregational Church in Brooklyn yesterday, and Mr. Jealous's comments were seen as criticism of Mayor Bloomberg's and Police Commissioner Kelly's ill-conceived support for the use of stop-and-frisk. Indeed, Mr. Jealous portrayed Mayor Bloomberg and Commish Kelly as "villains."

“We intend to ensure through every legal means that stop-and-frisk becomes a thing of the past with the next mayor of this town,” Mr. Jealous said.

3.7 Million Stop-and-Frisks Since Christine Quinn Became City Council Speaker photo 2012-12-30_13-34-04_929-christine-quinn-stop-and-frisk-sign_zps940ba2e2.jpg

Three of the four major Democratic candidates — Public Advocate Bill de Blasio, City Council Speaker Christine Quinn and former city Comptroller Bill Thompson — have all said the practice should be reformed but not scrapped. Quinn has yet to take a position on a package of bills before the Council to scale back the program.

City Comptroller John Liu wants to abolish stop-and-frisk altogether.

Jealous also said he wants the next mayor to get rid of Kelly, who consistently polls higher among Democrats than any elected official.

Quinn has signaled she would keep Kelly on board if she won the race and Kelly was willing to stay.

Her competitors in the primary have not made the same commitment.

For her past support of Commish Kelly and for going along with fully funding the NYPD's stop-and-frisk program all these many years -- over 3.7 million stop-and-frisks have occurred whilst Christine Quinn has been speaker of the City Council -- Speaker Quinn has been targeted by activists for enabling the NYPD's discrimination against people of color. (Another blog post about the protest against Christine Quinn's support of stop-and-frisk.)

Read more : Christine Quinn Caught in Stop-and-Frisk Political Trap

Sunday, February 17, 2013

GMHC, It's A Chop : Protest against 2013 Latex Ball at LGBT Community Center

On Friday night, activists continued their protests against the New York City-based AIDS organisation, GMHC.

Activists and representatives from the Ballroom community question where does GMHC receive the funding to sponsor the lush and plus Latex Ball.

The protesters also questioned the motivations of GMHC to become so involved in sponsoring a runway ball, when the AIDS organisation's primary mission is to "fights to end the AIDS epidemic and uplift the lives of all affected." Protesters wonder how can GMHC accomplish its mission in respect of the Ballroom community, if the Ballroom community feel manipulated and exploited by GMHC.

Read more : GMHC : It's a Chop ! Report and Flyer : Why you should boycott the 2013 Latex Ball.

Thousands March in Spain Against Healthcare Privitisation

AP VIDEO: Thousands march in Madrid to protest plans to privatize parts of regional public health care system.

Big protests in Spain against health care reforms (The sign reads : "I'm a patient, I'm a voter.")
By HAROLD HECKLE Associated Press
Updated: 02/17/2013 12:41:01 PM EST

Protesters march as they hold a banner reading "Health care system not for sale" during a demonstration against regional government-imposed austerity plans to restructure and part-privatize the health care sector in Madrid, Spain, Sunday, Feb. 17, 2013. Madrid proposes selling off the management of six of 20 public hospitals and 27 of 268 health centers. Spain's regions are struggling with a combined debt of $190 billion as the country's economy contracts into a double-dip recession triggered by a 2008 real estate crash. ((AP Photo/Andres Kudacki))

MADRID—Thousands of demonstrators marched through the streets of 16 Spanish cities Sunday to protest plans to part-privatize the public health care system, with some questioning the government's motives.

It was the third "white tide" demonstration in Madrid, named after the color of the medical scrubs many protesters wear. But it was the first time cities other than the capital took part, including Barcelona, Cuenca, Murcia, Pamplona, Toledo and Zaragoza. Protesters marched carrying banners saying "Public health is not to be sold, it's to be defended."

Health care and education are administered by Spain's 17 semiautonomous regions. Some indebted ones, like Madrid, have announced the part-privatization of some services, with some people openly suspicious that the move is more a political-motivated ploy than an attempt to cut costs.

Civil servant Javier Tarabilla, 31, said Spain's welfare state was being dismantled to be handed over to the private sector.

"This is pillaging of our public services, looting something we've all contributed to through taxes, to give it to private companies to run for profit," he said.

Madrid regional health councilor Javier Fernandez-Lasquetty has called the protests irresponsible, saying public money savings were essential to lift Spain out of debt and onto the road of economic recovery.

"These protests create conflict and are not in the interest of public health, but they do favor the interests of those who organize them," Fernandez-Lasquetty said.

Transgender teacher fired from Queens Catholic school

Sign the petition : St. Francis Preparatory High School: Formally Apologize to Mark (Marla) Krolikowski for Sexual Discrimination

From WABC Eyewitness News :

Transgender teacher fired from Queens Catholic school
By : Sarah Wallace, Eyewitness News
Web produced by Cristina Romano, Eyewitness News

QUEENS (WABC) -- Meet Marla Krolikowski. She no longer has any reason to hide. For 32 years, Krolikowski lived a dual life, teaching at St. Francis Prep School in Queens as a man, Mark, who professionally dressed in a suit and tie.

"I valued the job so much that I was willing to internalize everything, because the job met so much to me," said Krolikowski.

Krolikowski says she did start to add more feminine touches over the years, but claims no one seemed to mind. There are plenty of yearbook photos of her like that.

"I noticed it was a bit more feminine, but I mean, I didn't think it was anything to write home about," said former student Christina Guarino, "so it didn't matter, no."

Apparently, a parent did care. Krolikowski says in October of 2011 that school officials brought her in and confronted her.

"They said, 'are you a drag performer, are you a female impersonator?'" Krolikowski said, "they gave me all these different things, so finally I said 'I'm transgendered and I identify as a woman. Then everybody's jaw dropped, and then, I said, 'Oh God, what did I do?'"

Krolikowski said that someone told her "it sounds like you're worse than gay", and it took all her strength not to cry.

Krolikowski claims she was told to tone down her appearance, and did, but was fired anyway.

When September came, she was not going back to school for the first time in 32 years.

In a statement denying the allegations, St. Francis said: "Mr. Krolikowski's employment was terminated for entirely appropriate and professional reasons, and in no way discriminatory."

"All he wanted to do was to be judged by who he is and not what he is, and it's a horror that in this day an age, the school has chosen to judge him by what he is and not who he is," said Krolikowski's attorney, Andrew Kimler.

"My time is running out. I'm 59 years old and I want to live the way I was intended to be," adds Krowlikowski, "which is as a woman."

Krowlikowski has had breast implants, has started hormone treatments, and plans to have more surgery. She says she doesn't want people to look at her as a freak, because she didn't get to do all the things that girls got to do.

Krowikowski says she has been overwhelmed by support from thousands of current and former students who have signed an on-line petition on change.org. She doesn't have long-term plans but does have an immediate goal - to attend Lady Gaga's Born Brave bus tour that is coming to New York later this month.

Sign the petition : St. Francis Preparatory High School: Formally Apologize to Mark (Marla) Krolikowski for Sexual Discrimination

Saturday, February 16, 2013

Anti-Quinn Activists Need More Resources To Educate Voters

NY1 Exclusive : Anti-Quinn Activists Still Have Work To Do : New Poll Shows Quinn In Front Of Other Potential Democratic 2013 Mayor Candidates

2013-02-14 NY1-Marist College Poll NYC Mayoral Race photo 2013-02-14ny1-marist-college-poll_zps55fe131a.png

Last night on the Road To City Hall program on NY1, it was mentioned amongst the panel of experts that, given voters' relative low negative perception of City Council Speaker Christine Quinn, the Stop Christine Quinn protest effort still has work to do, because voters are not yet educated on Speaker Quinn's horrible record while in office.

One of the activists, Louis Flores, has posted a solicitation for resources, in order to escalate his efforts.

Here are some of the poll findings :

What are New York City Democrats’ impressions of these mayoral aspirants ?

  • 65% have a favorable opinion of Quinn, while 17% have an unfavorable one. 18% have either never heard of her or are unsure how to rate her.
  • 49% have a favorable impression of Thompson, while 20% do not. 31% have either never heard of him or are unsure how to rate him.
  • 48% of New York City Democrats have a positive view of de Blasio, while 20% have an unfavorable one. 32% have either never heard of him or are unsure how to rate him.
  • When it comes to Liu, 43% have a favorable impression of him while 27% have an unfavorable one. 30% have either never heard of him or are unsure how to rate him.
  • 26% of Democrats have a positive opinion of Albanese while 20% have an unfavorable view of him. 54% have either never heard of him or are unsure how to rate him.

Poll results have a margin of error of +/- 3.3 percent.

Left unsaid during the panel discussion was the impact of all the totally biased/fluff pieces being published by The New York Times, which favours Speaker Quinn, like her Betty Crocker story with its staged photo, the café story, and her luxury condo feature story.

It seems that Speaker Quinn's favourability ratings are being artificially inflated due to the biased and deliberately fluff news pieces being published about her.

Friday, February 15, 2013

VIDEO : Explosion and Boom from Russian Meteor Strike

MOSCOW – Bright objects, tentatively identified as fragments of a meteorite, streaked through the sky in western Siberia early on Friday, accompanied by a boom that damaged buildings across a vast swath of territory. Around 500 people were reported to have been injured, most from breaking glass. (The New York Times)

Thursday, February 14, 2013

Middle Class Anger Toward Christine Quinn Mayoral Campaign

Two very insightful letters published by The New York Daily News, which continues to reveal voter anger toward the corruption by New York City Council Speaker Christine Quinn, who has lost touch with reality of the challenges facing average New Yorkers :

Chris cross I

Brooklyn: Re “Begin the Quinn spin” (Feb. 12): Middle-class housing for a family of four with an income of $103,000 to $142,000. If that is middle class, where are my food stamps, Medicaid card and free housing? Those amounts are not the middle class that I know. Christine Quinn must have been making a joke in her State of the City speech, right? Clifford F. Zeman

Chris cross II

Richmond Hill: Has City Council Speaker Christine Quinn convinced herself that she is a fair, honest and ethical leader who is worthy to hold the office of mayor? In 2006, she approved a generous pay raise for herself and the entire Council. Then, she extended her own patronage-appointed, cradle-to-grave city career by changing the laws of term limits for dictator Bloomberg. The final betrayal was her denying a vote on paid sick time for the working poor. Clean up your act, Empress Quinn, and withdraw your deeply flawed candidacy. Adele DeLeva

Brooklyn Hospital Closings Update - LICH

Bed Bugs Infestation at PS 69 in Jackson Heights

NEW YORK (MYFOXNY) - Bed bugs have been found in 15 classrooms in P.S. 69 in Jackson Heights, Queens, according to DNAinfo.com.

New York News | NYC Breaking News

The Department of Education says the problem has been going on since September, but denies there is an infestation.

Some parents see things differently. They say the school has a history of bed bugs. And to make things worse, the kids end up bringing them home.

Tuesday, February 12, 2013

Andrew Cuomo and the Neoliberalism Spree of Hospital Closings

Gov. Andrew Cuomo is closing hospitals, cutting healthcare, and attacking the social safety net in a spree of neoliberalism to "window dress" the New York State budget. His plan will make him look good, but it comes at the risk to public health. What are you going to do about it ?

Eleven hospital closings in New York City alone, since 2006 :

- Long Island College Hospital in Brooklyn voted to be closed down under pressure from the Department of Health in 2013 ;

- Peninsula Hospital Center closed by the Department of Health in 2012 after it filed for bankruptcy ;

- North General Hospital in Harlem declared bankruptcy in 2010 ;

- St. Vincent's Hospital in Greenwich Village was shut down in 2010 to become luxury condos built by the greedy Rudin family ;

- St. John's Queens Hospital in Elmhurst went bankrupt in 2009 ;

- Mary Immaculate Hospital in Jamaica, Queens, went bankrupt in 2009 ;

- Parkway Hospital in Forest Hills, Queens, closed in 2008 ;

- Cabrini Medical Center in Manhattan closed in 2008 ;

- Victory Memorial Hospital in Bay Ridge, Brooklyn, closed in 2008 ; and

- St. Vincent's Midtown (f.k.a. St. Clare's Hospital) closed in 2007.

We are at the point right now where there are not enough hospitals left in New York City to deal with a mass civilian trauma event, natural disaster, or epidemic.

This year's flu season was aggravated by the temporary closing of these hospitals, which sustained major damage from Hurricane Sandy :

- Bellevue Hospital ;

- NYU Langone Hospital ;

- New York Downtown Hospital ;

- Coler-Goldwater Hospital ; and

- Coney Island Hospital.

And the only functioning hospital in all of Lower Manhattan was Beth Israel, but it was functioning for a time solely on back-up generators.

Is this the kind of healthcare system that we can rely up on save lives in times of a medical emergency ?

Sunday, February 10, 2013

In response to Facebook.com censorship, can SumofUs.org rollout a social networking interface ?

So, Facebook.com likes to censor its users, who post information, links, or other media, such as photographs or videos, which are deemed too political in nature (or, more appropriately, too offensive to its advertisers or tax authorities). Facebook sometimes suspends user accounts for a period of time, mainly, for 30 days, according to recent examples of two of my "Facebook" friends. Considering how short-lived Myspace.com was, for all its clunky and anti-music file sharing obsession it became in its final years of relevancy, many users on Facebook.com look forward to the emergency of a new Web site, to which disaffected Facebook.com users can migrate.

For all those activists, who are "superusers" of Facebook.com, who use features like creating events for demonstrations or meeting planning, creating pages for activism campaigns, for creating groups of like-minded activists, and for creating public (or private) profiles for doing all this work, perhaps one emerging suggestion may make sense :

Seeing as how new Web sites, such as SumofUs.org, are emerging, where activists can participate in some limited function online activism, it might be fascinating to explore whether the owners-developers of Web sites, such as SumofUs.org, could add on social networking and other social app-like modules, extensions, or functionality, so that disaffected Facebook.com users can just abandon Facebook.com and just embrace one, fully-dedicated non-profit Web site, such as SumofUs.org, for their online activism and social media experience.

Imagine what online activists could do in a Web-based environment, which supported a safe space for online activism and social networking ? We wouldn't have to deal with the arbitrary censorship by Web sites, such as Facebook.com, we wouldn't have to deal with ever nebulous privacy policy changes to placate advertisers, there wouldn't be tracking, surveillance, or face recognition issues....

I imagine it would only take a small team of creative minds to mount an effort like this....

Then, we would have a newly, self-empowered community for online activism. And we could let our old Facebook.com accounts join our old Myspace.com accounts in the digital morgue of the past.

Monday, February 4, 2013

David France, Ed Koch, and AIDS

David France, whose doc How To Survive A Plague is nominated for Oscar, speaks about former NY mayor Ed Koch, who reviewed the film for a local NY paper and who was not an advocate for Gay NY back in the day.

Does anybody have an update to the Lenox Hill Hospital EMS Paramedic Layoffs ?

Ed Koch Rudin Family Quinn Pro Quo ? Posh Apartment - St. Vincent's Hospital

Sunday, February 3, 2013

Closeted Mayor Will Eulogise Another

At tomorrow's funeral service, Mayor Michael Bloomberg is expected to deliver the eulogy for former Mayor Ed Koch, who passed away on Friday at the age of 88.

Mayor Koch has been the subject of harsh criticism on Facebook, Twitter, and other social media Web sites since his death, for what critics see as his damning role in the spread of the AIDS epidemic in the early 1980's, while he was mayor.

It's more than just a bit ironic that Mayor Bloomberg, who some say is gay, will eulogise Mayor Koch.

To distract from his sexual orientation, Mayor Koch made a game of appearing to have had a pretense of a relationship with former Miss America Bess Myerson, whilst Mayor Bloomberg uses Diana Taylor for similar purposes.

No word, yet, as to the subject of Mayor Bloomberg's farewell remarks.

Seven Brides for Seven Corporations (a Citizens United Wedding)

Get Money out of Politics - visit Move To Amend : https://movetoamend.org

Ed Koch and the AIDS Crisis - A Historical Fact Checking Duel Between NYT and YouTube Videos

In response to the biased "praises" and instant beatification of Ed Koch, I made a YouTube video set to music by Dalida, to help visualise former Mayor Ed Koch's complete failure on the AIDS crisis.

My video was made in response to the video promoted by The New York Times, which whitewashes any responsibility or culpability of the AIDS crisis away from former Mayor Ed Koch :

I'd love to hear what folks think ?

Saturday, February 2, 2013

Ed Koch, the Closet, Neoliberalism, and AIDS

From The Nation

The instant beatification of former New York City Mayor Ed Koch has a lot of folks itching to do some grave dancing. Leftists will denounce Koch because he was one of the original neoliberal mayors, ushering in a regime of gentrification and finance-driven inequality that defines the city to this day. Minorities regard him with suspicion because he marginalized the city’s black and Hispanic leadership and inflamed racial fault lines to corner the white vote, presaging the Sister Souljah moments that would come to afflict the national Democratic Party. And yet even there, among the new Democrats, Koch was never a stalwart, breaking with the party to endorse George W. Bush for president in 2004 and flirting with the neocons over Israel late in his life.

All that said, there is a special place reserved for Koch in gay hell—because he was mayor during the onset of the AIDS epidemic, which he is widely seen as failing to do enough about, and because it’s commonly assumed that Koch was a closeted gay man. “I hope he’s burning next to Roy Cohn”—or sentiments quite like it—have appeared frequently on my Facebook feed, especially from vets of ACT UP. ...

Read more : Ed Koch and the Cost of the Closet (The Nation)

Friday, February 1, 2013

Ed Koch dies unforgiven by AIDS activists (except by Christine Quinn, who is turning his death into a crass voter outreach opportunity).

Ed-Koch-AIDS-Deaths-How-Doing-ACT-Up photo Ed-Koch-AIDS-Deaths_zpsa0e6e7b1.png

From Gay Star News :

After lesbian NYC mayoral candidate Christine C. Quinn released a statement calling Koch a 'great mayor' and a 'great man,' LGBT activists pounced. Among those critical of Quinn is Peter Staley, one of the key members of ACT UP and TAG (Treatment Action Group) whose activism and innovation is credited with playing a crucial role in HIV-AIDS going from a death sentence to a manageable condition with the help of certain drugs.

'I'm supporting Christine Quinn for mayor, but this mass email she just sent out is completely tone deaf to the generation of gay New Yorkers who worked tirelessly to throw (Koch) out of office (and we succeeded),' Staley writes in a Facebook post. 'We will never forget his contemptible legacy of neglect during the early years of the HIV/AIDS crisis.'

Read more : Former New York Mayor Ed Koch dies at 88 unforgiven by AIDS activists. Many say he was closeted gay man who didn’t do anything on AIDS when his constituents were dying of disease.

- - - - - - - - - - - - - - - - - - - - - - - -

REALITY CHECK : Christine Quinn is not tone deaf. Instead, she is taking for granted that the LGBT community will vote for her. Therefore, she is taking us for granted. She is playing politics with Mayor Koch's AIDS responsibility in order to appeal to voters in the run-up to this election year. When will people wake up to this fact ?

Ed Koch, 88, Dies - AIDS Controversy - Memorial Tweets

Rally to Save Interfaith and LICH outside Cuomo's Office

Call Gov. Andrew Cuomo : (212) 681-4580. Tell him : Save our hospitals !

Rally on 31 Jan 2013 to save Interfaith Hospital and Long Island College Hospital (LICH) in Brooklyn.

Gov. Cuomo and his political aide, the investment banker monster Stephen Berger, are obsessed with closing hospitals. And now, they are setting up "for profit" hospitals in Brooklyn. This is dangerous !!

Gov. Cuomo, in a supreme act of failed neoliberalism policies, has proposed to make Brooklyn one of two counties in the state as a pilot project, in which current state regulations would be to waived to allow for-profit health care investments. (Read more : Judy Wessler).

Thursday, January 31, 2013

Bill Thompson Political Advisor Attacks Quinn's Critics

Hank Sheinkopf, an advisor to Bill Thompson, predicts that the growing grassroots movement against Christine Quinn, and her political doctrine of corruption and neoliberalism, will fail. What do you think ?

Democratic Party political consultant Hank Sheinkopf said that he thinks most of the protesters’ arguments against Christine Quinn are bogus.

Among the lone few truly real Progressive voices in New York City, one person spoke up to question the outrageous statements by Mr. Sheinkopf. Gerson Borrero took to Twitter to express his dissent to Mr. Sheinkopf's lack of any political ethics.

From City & State :

Despite the ongoing protests, political insiders say the [growing grassroots] movement [against Christine Quinn] probably won’t gain enough traction to affect the November mayoral primary.

“There’s always unusual things that occur in every mayoral election, and this is the first unusual thing that’s occurring here,” said Democratic Party political consultant Hank Sheinkopf, who added that he thinks most of the protesters’ arguments are bogus.

The speaker makes deals,” he said. “That’s the nature of legislative government. Her job is to make deals.”

Sheinkopf, who is serving as an advisor to mayoral candidate Bill Thompson, also downplayed Quinn’s status as the Democratic front-runner. A recent poll has her far ahead of the pack, with 35 percent of likely voters pulling the lever for her as compared with 11 percent for Public Advocate Bill de Blasio and 10 percent for Thompson.

Have we reached a low point in New York City politics, where campaign consultants cannot attach the most corrupt mayoral candidate for fear of exposing the shared, underlying political corruption that exists amongst all of the mayoral candidates ?

Photobucket

Wednesday, January 30, 2013

"Look at that ass on her."

If you know whose derrière Mayor Michael Bloomberg was admiring, please give The New York Daily News a call at (212) 210-1585.

Guantanamo Farcical Military Sept. 11 Trial Feed Censorship


During Monday's military court proceedings in Guantanamo, the audio/video feed was shut off -- but nobody knows by whom ?

"Judge Col. James Pohl remains puzzled by an anonymous censor that cut the audiovisual feed during September 11 courtroom proceedings. Ryan Reilly joins Abby from the Guantanamo Naval Base in Cuba," reported Huffington Post.

And from The Washington Post :

David Nevin, one of Mohammed’s civilian attorneys, was discussing a defense motion to preserve any evidence from the secret overseas prisons where the defendants were held by the CIA. The motion had been declassified, but Nevin had barely gotten a sentence out when the audio feed to the media centers on base and at Fort Meade was smothered in white noise. Then the video of the courtroom was cut.

When the feeds were restored several minutes later, Judge James Pohl, an Army colonel, seemed perplexed as to not only why Nevin was censored but by whom. Pohl said he did not cut off the feed, and it did not appear that the court security officer who sits beside him did, either.

Union Rat at 304 Park Ave. South - SL Green

SL Green properties has hired Topline Drywall to work on a renovation project at 304 Park Avenue South. But SL Green and Topline Drywall are not paying the construction workers the Area Standard Wages, including neither providing or making payments for family healthcare and pension benefits. Representatives from the New York District Council of Carpenters showed up to shame SL Green to do the right thing. Please call Andrew Mathias of SL Green at : (212) 594-2700 to do all they can to make right be Topline Drywall workers -- and to see that all Area Labor Standards are met at all SL Green projects.

Tuesday, January 29, 2013

Man With 4th Amendment Written on Chest Wins Trial Over Airport Arrest

Aaron Tobey Wrote An Abridged Version Of The 4th Amendment on Chest In Protest Against Nude Body Scanners, Leading To Arrest, Naturally.

Aaron Tobey vs. Janet Napolitano, Homeland Security, Transportation Safety Administration (USDC Complaint) by

From Wired :

A Virginia man who wrote an abbreviated version of the Fourth Amendment on his body and stripped to his shorts at an airport security screening area won a trial Friday in his lawsuit seeking $250,000 in damages for being detained on a disorderly conduct charge.

Aaron Tobey claimed in a civil rights lawsuit (.pdf) that in 2010 he was handcuffed and held for about 90 minutes by the Transportation Security Administration at the Richmond International Airport after he began removing his clothing to display on his chest a magic-marker protest of airport security measures.

“Amendment 4: The right of the people to be secure against unreasonable searches and seizures shall not be violated,” his chest and gut read.

In sending the case to trial, unless there’s a settlement, the 4th U.S. Circuit Court of Appeals ruled 2-1 and reversed a lower court judge and invoked Benjamin Franklin in the process. According to the opinion by Judge Roger Gregory:

Here, Mr. Tobey engaged in a silent, peaceful protest using the text of our Constitution—he was well within the ambit of First Amendment protections. And while it is tempting to hold that First Amendment rights should acquiesce to national security in this instance, our Forefather Benjamin Franklin warned against such a temptation by opining that those ‘who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.’ We take heed of his warning and are therefore unwilling to relinquish our First Amendment protections—even in an airport.

Tobey didn’t want to go through the advanced imaging technology X-ray machines, or so-called nude body scanners, that were cropping up at airports nationwide. Instead, when it was his turn to be screened, he was going to opt for an intrusive pat-down, and removed most of his clothing in the process.

Among other things, the federal lawsuit claimed wrongful detention and a breach of the First Amendment and Fourth Amendment. Tobey was on his way to Wisconsin for his grandmother’s funeral. Despite his detainment, he made his flight.

According to the suit, while under interrogation, the authorities wanted to know “about his affiliation with, or knowledge of, any terrorist organizations, if he had been asked to do what he did by any third party, and what his intentions and goals were.”

Two weeks later, Henrico County prosecutors dropped the misdemeanor charge against him, and he sued the Transportation Security Administration and others.

In dissent, Judge J. Harvie Wilkinson wrote:

Had this protest been launched somewhere other than in the security-screening area, we would have a much different case. But Tobey’s antics diverted defendants from their passenger-screening duties for a period, a diversion that nefarious actors could have exploited to dangerous effect. Defendants responded as any passenger would hope they would, summoning local law enforcement to remove Tobey—and the distraction he was creating — from the scene.

Aaron Tobey vs. Janet Napolitano, Homeland Security, Transportation Safety Administration (USDC Judge Rulin... by