One Jew’s Christmas

by Walter Brasch

I am a Jew.

I don’t mind receiving Christmas cards or being wished a “Merry Christmas” from friends, clerks, or even in junk mail trying to sell me something no sane person should ever buy. My wife and I even send Christmas cards, with messages of peace and joy, to our friends who are Christians or who we don’t know their religion.

            I like Christmas music and Christmas carolers, even if some have voices that crack now and then, perhaps from the cold.

            At home, from as early as I could remember, my family bought and decorated a Christmas tree, and gave gifts to each other and our friends. Usually we put a Star of David on the tree, undoubtedly an act of heresy for many Jews and Christians. We learned about Christmas—and about Chanukah, the “feast of lights,” an eight day celebration of joy and remembrance of the rededication of the Temple of Jerusalem at a time when it seemed as if a miracle had saved the Jews from darkness during the Maccabean revolt in the second century BCE.

            This year, my wife and I have a two-foot tall cypress tree, decorated with white felt angels, glittered silver tin snowflakes, and small white LED lights, a gift from a devout Christian. We weren’t offended by the gift; we accepted it and displayed it on a table in our dining room in the spirit of friendship. In Spring, we’ll plant the tree in our backyard and hope it grows strong and tall, giving us shade and oxygen, perhaps serving as a sanctuary for birds, squirrels, and other wildlife.

            What I do mind is the pomposity of some of the religious right who deliberately accost me, often with an arrogant sneer on their lips, to order me to accept their “well wishes” of a “Merry Christmas.” Their implication is “Merry Christmas—or else!” It’s their way of saying their religion is the one correct religion, that all others are wrong.

            Although I try to understand and tolerate other beliefs, the extreme right doesn’t tolerate difference or dissent.

            Right wing commentators at Fox News are in their final week of what has become a holiday tradition of claiming there is a “War on Christmas.” The lies and distortions told by these Shepherds of Deceit, and parroted by their unchallenging flock of followers, proves that at least in this manufactured war, truth is the first victim.

            The Far-Right-But-Usually-Wrong claim that godless liberals are out to destroy Christmas, and point to numerous examples, giving some facts but never the truth.  

            They are furious that many stores wish their customers a “Happy Holiday” and not a “Merry Christmas,” unable to understand that sensitivity to all persons’ religions isn’t some kind of heresy. The ultra-right American Family Association even posts lists of stores that are open on Christmas, have their clerks wish customers a “Happy Holiday,” and don’t celebrate Christmas the way they believe it should be celebrated. (Of course, the AFA doesn’t attack its close ally, the NRA, which on its website wishes everyone “Happy Holidays.”)

Because of their own ignorance, they have no concept of why public schools may teach about Christmas or even have students sing carols but can’t put manger scenes on the front lawn. Nevertheless, the Extremists of Ignorance and Intolerance parade the Constitution as their own personal shield, without having read the document and its analyses, commentaries, and judicial opinions that define it, and can’t understand there is a strict separation of church and state. The Founding Fathers, especially Franklin and Jefferson, were clear about that. They were also clear that this is a nation where a majority of its people profess to be Christians, but it is not a “Christian nation.” There is a distinct difference.

            The ultra-right—some of whom stanchly believe Barack Obama is not only a Muslim but wasn’t even born in the U.S—follow the guiding star of Fox to wrongly claim that the President Obama hates Christianity so much that he won’t even put up a Christmas tree but calls it a “holiday tree.” Perhaps they were too busy imbibing the bigotry in their mugs to know that the President and his family helped light the National Christmas Tree near the White House, wished Americans a “Merry Christmas,” and even told a bit about what Christians believe is a divine birth.

            When confronted by facts, these fundamentalists point out that the Puritans, the ones who fled England for religious freedom, demanded adherence to a strict code of Protestant principles—and if it was good enough for the first American “citizens,” it’s good enough for the rest of us. What they never learned, obviously, is that the Puritans banned Christmas celebrations, declaring them to be pagan festivals.

            If the Fox pundits, leading their sheep into the abyss of ignorance in a counter-attack in a war that doesn’t exist, would take a few moments to think before blathering inanities, they might realize that the man they worship was called “the Prince of Peace” not “the General of War.”

            [Walter Brasch is an award-winning syndicated columnist and multimedia producer. His latest book is the mystery novel, Before the First Snow, set in Pennsylvania.]

           

Pennsylvania Legislators Shoot Down Pigeons—Again

by Walter Brasch

           

            If the first year gross anatomy class at the Penn State Hershey medical school needs spare body parts to study, they can visit the cloak room of the Pennsylvania House of Representatives. That’s where most of the legislators left their spines.

            The House voted 124–69, Dec. 13, to send an animal welfare bill back to committee, in this case the Gaming Oversight Committee. The bill, SB 71, would have banned simulcasting of greyhound races from other states. Pennsylvania had banned greyhound racing in 2004. Among several of the current bill’s amendments were ones that would also have banned the sale of cat and dog meat, increased penalties for releasing exotic animals, and stopped the cruelty of live pigeon shoots.

            It’s the pigeon shoot amendment, sponsored by Rep. John Maher (R-Allegheny), that caused legislators to hide beneath their desks, apparently in fear of the poop from the NRA, which lobbied extensively against ending pigeon shoots. The unrelenting NRA message irrationally claimed that banning pigeon shoots is the first step to banning guns. The NRA even called the Humane Society of the United States (HSUS) a radical animal rights group. The House action leaves Pennsylvania as the only state where pretend hunters, most of them from New Jersey and surrounding states where pigeon shoots are illegal, to come to Pennsylvania and kill caged birds launched in front of spectators and the shooters.

            Most pigeon shoots are held in Berks County in southeastern Pennsylvania, with one in the nearby suburban Philadelphia area. Scared and undernourished birds are placed into small cages, and then released about 20 yards in front of people with 12-gauge shotguns. Most birds, as many as 5,000 at an all-day shoot, are hit standing on their cages, on the ground, or flying erratically just a few feet from the people who pretend to be sportsmen. Even standing only feet from their kill, the shooters aren’t as good as they think they are. About 70 percent of all birds are wounded, according to Heidi Prescott, HSUS senior vice-president, who for about 25 years has been documenting and leading the effort to pass legislation to finally end pigeon shoots in the state.

            Birds that fall outside the shooting club’s property are left to die long and horrible deaths. If the birds are wounded on the killing fields, trapper boys and girls, most in their early teens, some of them younger, grab the birds, wring their necks, stomp on their bodies, or throw them live into barrels to suffocate. There is no food or commercial value of a pigeon killed at one of the shoots.

            The lure of pigeon shoots, in addition to what the participants must think is a wanton sense of fulfillment, is gambling, illegal under Pennsylvania law but not enforced by the Pennsylvania State Police.

            The International Olympic Committee banned the so-called sport after the 1900 Olympics because of its cruelty to animals. Most hunters, as well as the Pennsylvania Game Commission, say that pigeon shoots aren’t “fair chase hunting.” Almost every daily newspaper in the state and dozens of organizations, from the Council of Churches to the Pennsylvania Bar Association, oppose this form of animal cruelty.

            On the floor of the House, Rep. Rosita C. Youngblood (D-Philadelphia), usually a supporter of animal rights issues, spoke out against voting on the bill, and asked other Democrats to go along with her. Youngblood is minority chair of the Gaming Oversight committee.

            Youngblood’s chief of staff, Bill Thomas, emphasizes that Youngblood’s only concern was to protect the integrity of the legislative process. Although some members truly believed they voted to recommit the bill for procedural reasons, most members were just simply afraid to vote on the bill. Voting to recommit the bill were 52 Democrats, many of them opposed to pigeon shoots; 35 voted to keep it on the floor for debate. Among Republicans, the vote was 72–34 to send the bill to committee.

The Arguments

Germaneness: The Republican leadership had determined that all amendments to bills  in the current legislative session must be germane to the bill. “You can’t hijack a bill,” many in the House, including key Democrats, claimed as the major reason they voted against SB71.

            However, the Republicans, with a majority in the House and able to block any bill in committee that didn’t meet their strict political agenda, raised “germaneness” to a level never before seen in the House. For decades, Democrats and Republicans attached completely unrelated amendments to bills. Even during this session, the Republicans, in violation of their own “rules,” attached amendments to allow school vouchers onto several bills, many that had nothing to do with education. But, the Greyhound racing bill was considered under both gambling and animal cruelty concerns. Thus, the amendment to ban pigeon shoots could also be considered to be an animal cruelty amendment and not subject to the Judiciary Committee, where it was likely to die.

Separate bill. Several legislators believed the attempt to stop pigeon shoots should have been its own bill, not tacked onto another bill.

            However, only twice have bills about pigeon shoots come to the floor of the House. Most proposed legislation had been buried in committees or blocked by House leadership, both Democrat and Republican, most of whom received support and funding from the NRA, gun owner groups, and their political action committees (PACs). In 1989, the Pennsylvania House had defeated a bill to ban pigeon shoots, 66–126. By 1994, three years after the first large scale protest, the House voted 99–93 in favor of an amendment to ban pigeon shoots, but fell short of the 102 votes needed for passage.

The bill would duplicate or repeal a recently-signed law:

            Rep. Curt Schroeder (R-Chester Co.), chair of the Gaming Oversight committee, sponsored the House version of the Senate’s bill. If it was truly an unnecessary bill, he or the leadership could have previously sent it to committee for reworking or killed it. According to sources close to the leadership, despite his concern for animal welfare, Schroeder was not pleased about the amendments tacked onto his bill.

Short time to accomplish much: Several Democrats believed that by spending extraordinary time on the bill, necessary legislation would not be brought to the floor and the Republicans could then blame the Democrats for blocking key legislation.

            However, both parties already knew how they would vote for redistricting (the Republicans had gerrymandered the state to protect certain districts), school vouchers, and other proposed legislation.  Further, the Republican leadership could have blocked putting the Greyhound bill into the agenda or placed it at the end of other bills. Even on the floor of the House, the leadership could have shut down debate at any time. Thus, the Democrats’ argument about “only four days left” is blunted by the Republicans’ own actions. During 2011, the House met only 54 days when the vote on SB 71 was taken. If the House was so concerned about having only four days left in the year to discuss and vote upon critical issues, it could have added days to the work week or increased hours while in session. Speaker Mike Turzai (R-Allegheny), to his credit, wanted a vote, although he personally opposed the pigeon shoot amendment. “Let’s put this issue to rest,” he told the members. Taking the time to debate the bill, says Bill Thomas, “wasted taxpayer money and time.” However, “the amount of time spent avoiding the bill,” counters Prescott, “wastes far more time and resources than voting on it.”

            Nevertheless, no matter what the arguments, sending the bill to committee was a good way to avoid having to deal with a highly controversial issue. It allowed many legislators to pretend to their constituents that they still believe in animal welfare, while avoiding getting blow-back from the NRA or its supporters. Conversely, it allowed many of those who wanted to keep pigeon shoots to avoid a debate and subsequent vote, allowing continued support from pro-gun constituents who accept the NRA non-logic, while not offending constituents who believe in animal welfare.

            Whatever their reasons, the failure of the many of the state’s representatives to stand up for their convictions probably caused legislation to ban this form of animal cruelty to be as dead during this session as the pigeons whose necks are wrung by teenagers who finish the kill by people who think they’re sportsmen but are little more than juveniles disguised in the bodies of adults.

            [Walter Brasch is an award-winning syndicated social issues columnist, former newspaper and magazine reporter and editor, whose specialties included public affairs/investigative reporting. He is professor emeritus of journalism. Dr. Brasch’s latest novel is Before the First Snow, a story of the counterculture and set in rural Pennsylvania.]

Labor Not Represented in Management of ‘The People’s Universities’

by Walter Brasch

            Although more than one million Pennsylvanians are members of labor unions, and the state has a long history of worker exploitation and union activism, neither of the two largest university systems has a labor representative on its governing board.

            The only labor representative on the Board of Governors of the State System of Higher Education (SSHE) in its 28 year history was Julius Uehlein, who served 1988–1995 while Pennsylvania AFL–CIO president. The appointment was made by Gov. Robert P. Casey, a Democrat.

            Only two persons have ever represented labor on Penn State’s Board of Trustees. Gov. Milton Shapp, a Democrat, appointed Harry Boyer, the state AFL–CIO president, in 1973. Shortly after Boyer retired in 1988, he resigned as a trustee. Richard Trumka, a Penn State alumnus and Villanova law school graduate, now the national AFL–CIO president, served as a trustee, 1983–1995, while president of the United Mine Workers. He was first appointed by Gov. Dick Thornburgh, a Republican, reappointed by Gov. Casey, and not reappointed when Tom Ridge, a Republican, became governor.

            The 32-member Penn State Board of Trustees is divided into five groups: ex-officio members (6), Governor appointments (6), members elected by the Alumni Association (8), Business and Industry members (6), and elected members from Agriculture (6). The Agriculture representation dates to 1862 when Penn State (at that time known as Farmer’s High School) was one of the first two land grant institutions; the land grant institutions were created to provide advanced education in agriculture and the sciences. Currently, 15 members either are or were CEOs. Among them are the CEOs of U.S. Steel and Merck. One of the ex-officio members is the Penn State president, which creates an interesting potential for a conflict-of-interest. Except for one student representative, most of the rest are lawyers or senior corporate or public agency executives. Only six members are women, only three are members of minority classes.

            The lack of diversity became an issue this week when the Faculty Senate called for a more diverse board. The challenge to the Trustees was unusual because the Senate “has always been a relatively non-confrontational group,” according to Dr. Paul Clark, head of the university’s prestigious Department of Labor Studies and Employment Relations, who had served as a senator for 15 years. However, child molestation charges against former assistant football coach Jerry Sandusky, combined with how poorly the university administration and the secrecy-clad Trustees handled the problem, exposed the university and trustees to additional scrutiny.

            “Because of the number of union members in Pennsylvania, and the need to have working people’s issues and perspectives represented on the board, we always thought it made a lot of sense for that constituency [working class] to be represented on the trustees,” says Dr. Clark.

            At one time, Penn State had an active labor studies advisory committee, dating back to the early 1950s when Milton Eisenhower was the university president. That committee met at least four times a year and “was well respected,” says Irwin Aronson, general counsel for the Pennsylvania AFL–CIO, and a Penn State labor studies graduate. After Dr. Graham Spanier became president in 1995, the committee quickly dissolved because “he didn’t seem to have much interest in it,” says Richard Bloomingdale, Pennsylvania AFL–CIO president. There is no doubt, says Aronson, that “the previously warm relationship between labor and Penn State’s administration collapsed under Dr. Spanier’s administration.” Bloomingdale says he hopes that Rodney Erickson, Penn State’s newly-appointed president, will see the necessity to reinstate the committee.

            Penn State also has what may be the state’s premiere collection of labor history primary source documents, especially from the coal region. The letters, notes, diaries and other materials are archived in the Paterno Library.

            Penn State is a state-related university which received $279 million in state funding for the current fiscal year; it has 94,000 students on its 24 campuses, with 44,000 of the students enrolled on its main campus. About 3,000 Penn State staff (mostly those working in maintenance, physical plant, dormitories, and the cafeteria) are members of the Teamsters. About 1,300 registered nurses, including those of the Hershey Medical Center, are members of the Service Employees International Union. However, there is no faculty union at Penn State. Part of the problem, says Dr. Clark, is that faculty in the large business and agriculture colleges, plus those in engineering and science, tend not to have strong union loyalties; those in the liberal arts tend to have more acceptance of the value of unions.

            SSHE, the larger of the two systems, has 120,000 students enrolled in 14 universities. Its 20-member Board of Governors isn’t much more diverse than Penn State’s. The Board has three student representatives who are appointed by the Board after being nominated by the presidents of the 14 universities. However, because of the way the students are nominated by presidents of the individual campuses and then selected by the Board of Governors, most usually have views similar to what the administration sees as mainstream and acceptable. Membership also includes four legislators, selected from each political caucus (Democrat and Republican caucuses in the House and Senate) and the secretary of the Department of Education; the rest are appointed by the Governor, with the consent of the state senate. Gov. Tom Corbett and his designated representative, Jennifer Branstetter, a public relations executive, serve on both Penn State and SSHE boards. Most of the other members are lawyers or senior business executives. One of them, Kenneth M. Jarin, who served as chair for six years and is currently a member, is a lawyer who represents management in labor issues.

            The lack of at least one representative of labor on the SSHE Board of Governors is because of “a lack of sensitivity to the labor point of view,” says Dr. Stephen Hicks, president of the Association of Pennsylvania State College & University Faculties (APSCUF), which represents 6,400 faculty. Dr. Hicks, who has tried to get the Board to include a faculty member, says that when a Board has most of its members “who have run a business and made money, you get a certain viewpoint.”

            Richard Bloomingdale says he’s proposed to the boards and governor persons who could effectively represent the working class, “but they were always turned down.”

            Even one representative, says Bloomingdale, “would still leave the Boards with heavy pro-business orientations.”

            There is no question that politics and a pro-business or anti-labor philosophy has left working class Pennsylvanians with no representation on the boards of universities that are designated as “the people’s universities.”

            [Walter Brasch is an award-winning reporter and syndicated columnist, and the author of 17 books. His latest book is the novel, Before the First Snow, primarily set in Pennsylvania. It is a look at the counterculture between 1964 and 1991, with a social justice and pro-labor focus. Disclosure: Dr. Brasch is professor emeritus of mass communications from the SSHE system.]

           

Death by Healthy Doses

by Walter Brasch

           

            They buried Bouldergrass today. The cause of death was listed as “media-induced health.”

            Bouldergrass had begun his health crusade more than a decade ago when he began reading more than the sports pages of his local newspaper, subscribed to his first magazine, and decided TV news could be informative if it didn’t mention anything about wars, famines, and poverty.

            Based on what he read and saw in the media, Bouldergrass moved from smog-bound Los Angeles to a rural community in scenic green Vermont, gave up alcohol and a two-pack-a-day cigarette habit, and was immediately hospitalized for having too much oxygen in his body.

To burn off some of that oxygen, he joined America’s “beautiful people” on the jogging paths where the media helped him believe he was sweating out the bad karma. In less than a year, the karma left his body which was now coexisting with leg cramps, fallen arches, and several compressed disks. But at least he was as healthy as all the ads told him he could be.

            To make sure he didn’t get skin cancer from being in the sun too long, he slathered four pounds of No. 35 sunblock on his body every time he ran, and went to suntan parlors twice a week to get that “healthy glow” advertisers told him he needed. He stopped blocking when he learned that suntan parlors weren’t good for your health, and that the ingredients in the lotions could cause cancer. So, he wore a jogging suit that covered more skin than an Arab woman’s black chador with veil—and developed a severe case of heat exhaustion.

            From ultrathin models and billions of dollars in weight-reducing advertising that told him “thin was in,” he began a series of crash diets. When he was down to 107 pounds, advertising told him he needed to “bulk up” to be a “real man.” So, he began lifting weights and playing racquetball three hours a day. Four groin pulls and seven back injuries later, he had just 6 percent body fat, and a revolving charge account with his local orthopedist.

            Several years earlier, Bouldergrass had stopped eating veal as part of a protest of America’s inhumane treatment of animals destined for supermarkets. Now, in an “enlightened” age of health, he gave up all meat, not because of mankind’s cruelty to animals, but because the media revealed that vascular surgeons owned stock in meat packing companies. Besides, it was the “healthy” thing to do.

            He gave up pasta when he saw a TV report about the microscopic creepy crawlers that infest most dough.

            He gave up drinking soda and began drinking juice, until he read a report that said apple juice had higher than normal levels of arsenic.

            He ate soup because it was healthy and so Mmm Mmm Good, until he learned that soup had more salt than Lot’s wife. When he found low-salt soup, he again had a cup a day—until last month when he gave it up because a Harvard study revealed that soup cans contained significant amounts of Bisphenol-A-, which can lead to cancer and heart disease.      For a couple of years, lured by a multi-million dollar ad campaign and innumerable articles in the supermarket tabloids, Bouldergrass ate only oat bran muffins for breakfast and a diet of beta carotenes for lunch, until he found himself spending more time in the bathroom than at work. He eliminated the muffins entirely after reading an article that told him eating oatmeal, bran, and hood ornaments from Buick Roadsters were bad for your health.

            Bouldergrass gave up milk when he learned that acid rain fell onto pastures and was eaten by cows. When he learned that industrial conglomerates had dumped everything from drinking water to radioactive waste into streams and rivers, he stopped eating fish. For awhile, based upon conflicting reports in the media, he juggled low-calorie, low-fat, and low-carbohydrate diets until his body systems dropped into the low end of inertia.

            At the movies, he smuggled in packets of oleo to squeeze onto plain popcorn until he was bombarded by news stories that revealed oleo was as bad as butter and that most theatrical popcorn was worse than an all-day diet of sirloin.

            When he learned that coffee and chocolate were unhealthy, he gave up an addiction to getting high from caffeine and sugar, and was now forced to work 12-hour days without any stimulants other than the fear of what his children were doing while he was at work.

            Unfortunately, he soon had to give up decaffeinated coffee and sugarless candy with cyclamates since both caused laboratory mice to develop an incurable yen to listen to music from the Grand Funk Railroad.

            He gave up pizza when the media reported that certain “health care investigators” claimed pizza was little more than junk food. But, he began eating several slices a day to improve his health when Congress, fattened by lobbyists campaigns, last month declared frozen pizza was a vegetable. He figured it made sense, since three decades earlier the Reagan administration had declared catsup to be a vegetable, and five years ago the Department of Agriculture decided butter-coated french fries were a vegetable.

            Left with a diet of fruits and vegetables, he was lean and trim. Until he accidentally stumbled across a protest by an environmental group which complained that the use of pesticides on farm crops was a greater health hazard than the bugs the pesticides were supposed to kill. Even the city’s polluted water couldn’t clean off all the pesticides. That’s also when he stopped taking showers, and merely poured a gallon of distilled water over his head every morning.

            For weeks, he survived on buckets of vitamins because the magazines told him that’s what he should do. Then, after reading an article that artificial vitamins shaped like the Flintstones caused dinosaur rot, he also gave them up.

            The last time I saw Bouldergrass, he was in a hospital room claiming to see visions of monster genetic tomatoes squishing their way toward him. He was mumbling something about cholesterol and high density lipoproteins. Tubes were sticking out of every opening in his emaciated body, as well as a couple of openings that hadn’t been there when he first checked in.

            In one last attempt to regain his health, Bouldergrass enlisted in Michelle Obama’s Let’s Move army. But the only movement he was doing was when the nurses flipped him so he wouldn’t get bed sores.

            Shortly before he died, he pulled me near him, asked that I write his obit, and in a throaty whisper begged, “Make sure you tell them that thanks to what I learned from the media, I died healthy.”

            [Walter Brasch, a robust figure of health, doesn’t follow anyone’s advice on what is or is not healthy. His latest book is the critically-acclaimed Before the First Snow, a social issues mystery novel. Brasch says the book is a great Christmas or Chanukah gift, and increased sales will improve his own mental, if not physical, health.]

             

Penn State Trustees May Have Violated State Law

by Walter Brasch

            The Penn State Board of Trustees may have several times violated state law for its failure to publicly announce meetings and how it handled the firing of Coach Joe Paterno. However, these violations may be the least of the Board’s worries, as it scrambles to reduce fall-out from the scandal that began with revelations that an assistant football coach may be a serial child molester, and that the university may have been negligent.

            The state’s Sunshine Act [65 Pa.C.S.A §701–710] requires all public bodies to publish notices at least 24 hours before their meetings. The purpose is to eliminate secret meetings. Penn State, a private university, which received $279 million from the Commonwealth for its 2011–2012 budget, is bound by the Sunshine Act.

            A public notice did appear in the Centre Daily Times, State College’s hometown newspaper, three days before a regularly-scheduled board meeting, Friday Nov. 11. But, the Trustees were caught flat-footed the week before by what eventually turned into the largest scandal in its history. These are events the Trustees should have been aware of for at least two years; certainly, the Board should have known there was a problem when the Harrisburg Patriot-News broke a story in March that the Grand Jury was investigating former defensive coordinator Jerry Sandusky.

            But, based upon Board incompetence, there wasn’t even a crisis management plan in place when Sandusky was arrested Nov. 5, and Athletic Director Tim Curley; and Gary Schultz, senior vice-president of finance and administration, were charged with perjury and failure to report a crime to police. The Trustees allowed Curley to take an administrative leave, and Schultz to return to retirement. Schultz, who had worked for Penn State for 40 years, had retired in 2009, but had been brought back on an interim basis in July. Both Curley’s and Schultz’s decisions were probably influenced by the Board demands.

            During the two weeks, beginning Nov. 5, the Board had conference calls, executive sessions, and emergency meetings, all without public notice.

            Conference calls involving a quorum without public notice aren’t allowed. At least one conference call was conducted on Saturday, Nov. 5. A meeting by telephone is just as illegal as a meeting with all persons at a table if it isn’t publically announced.

            Several emergency meetings were held the next few days. The Sunshine Act allows emergency meetings. The Trustees conducted meetings Sunday, Nov. 6, Monday, Nov. 7, and Wednesday, Nov. 9. By law, an emergency meeting can be called, without public notice, only for “the purpose of dealing with a real or potential emergency involving a clear and present danger to life or property.” [65 Pa.C.S.A §703] Even in the wildest stretch of that definition, there was no clear and present danger. That occurred years ago when the university didn’t contact police to report the actions of a man believed to be a child molester.

            Executive sessions to discuss personnel issues and some other items are allowed—if they are announced at public meetings “immediately prior or subsequent to the executive session.” [65 Pa.C.S.S. §708(b)] But, they were not. About 10 p.m., Nov. 9, following an emergency meeting, Board vice-chair John P. Surma, flanked by 21 of the 31 trustees, publicly announced it had fired Paterno and accepted the forced resignation of PSU president Graham Spanier.  Surma told the media the decision about Paterno was unanimous, thus indicating a vote was done in secret and not under public scrutiny as required. Because Spanier was under a long-term contract, the Trustees would also have been expected to have to vote to formally accept his resignation.

            The Trustees also violated both Paterno’s and Spanier’s rights under law. It’s doubtful the Board members, most of them in corporate business, even care. How they handled Paterno’s firing is indicative they have little regard for employee rights and due process. Paterno had previously said he would retire at the end of the season, since he believed, “the Board of Trustees should not spend a single minute discussing my status. They have far more important matters to address. I want to make this as easy for them as I possibly can.” The Trustees, undoubtedly, believed firing Paterno immediately would take heat off the university. Again, it was wrong.

            Although executive sessions may be conducted in private, the Sunshine Act requires that “individual employees or appointees whose rights could be adversely affected may request, in writing, that the matter or matters be discussed at an open meeting.” [65 Pa.C.S.A. §708(a)(1)] The Board, according to a report in the Easton Express-Times, had ordered Spanier to resign or be fired. He chose to resign. Paterno was not contacted by the Board prior to termination, either to request to be heard or to request an open meeting. Paterno was informed of his termination by a hand-delivered letter that demanded he place a phone call to a board member. There was no indication in that letter of what the Board’s decision was.

            Violating the law could result in invalidating decisions made at those meetings, and penalties of $1,000 for each violation; until September, the penalty had been a paltry $100. But here’s a nice twist. The Trustees probably don’t care.

            A district attorney must approve prosecution for Sunshine Act violations. Although the Pennsylvania Newspaper Association (PNA) receives about 1,000 inquiries each year about what may be Sunshine Act and Right-to-Know law violations, “it’s rare for criminal prosecutions of the Sunshine Act,” according to Melissa Melewsky, media law council for the PNA. Civil actions by individuals are likewise difficult to pursue because of significant costs.

            Here’s another surprise. Because of heavy lobbying to the legislature, whose members are feasted at one home game a year and can also receive comp football tickets to other home football games, Penn State is not bound by the state’s Right-to-Know law. This means that innumerable records, including minutes of all meetings— both public and those that are illegal under the Sunshine Act—can still be secret.

            Here’s something not so surprising, however. Penn State’s Public Affairs office punted all questions to the Board. The Board arrogantly has refused to answer both verbal and written questions. However, possibly using public funds, it did hire a PR firm to handle crisis management issues. We won’t know the cost—that’s something it doesn’t have to tell the taxpayers.

[Assisting on this story was Melissa Melewsky, media law counsel of the Pennsylvania Newspaper Association. Walter Brasch, as president of both the Keystone chapter of the Society of Professional Journalists and Pennsylvania Press Club, was active in fighting for a stronger Right-to-Know law and enforcement of the Sunshine Act. He is an award-winning syndicated columnist and retired university professor. His latest book is Before the First Snow, a mystery/thriller set in Pennsylvania.]

The Sanctimonious Scavengers of the Penn State Scandal

by Walter Brasch

            There is nothing the media love more than a good celebrity sex scandal.

            Since the story of Scarlett Johansson’s purloined nude pictures had run its course, and the media squeezed every drop of ink it could from the Kim Kardashian/Kris Humphries engagement/wedding/ marriage/ divorce, they had to find something else to feed the beast with the insatiable appetite.

            Something else was Penn State. Neatly packaged for the media was the trifecta of what passes as journalism—sex, scandal, and celebrity. And so the media circus rolled into State College, salivating at their good fortune.

The “sex” part of the story was that Jerry Sandusky, former defensive coordinator of the Nittany Lions, was accused of 21 felony counts of sexual abuse of boys. A 23-page Grand Jury report, released Nov. 4 following a drawn-out three-year investigation, detailed some of the specifics. However, this story, no matter what the media say it is, is not about sex. It is about child molestation, child abuse, and endangering the welfare of a child. Big difference.

            The “scandal” is that it appeared that high-ranking Penn State officials, although they restricted Sandusky’s access to campus, didn’t contact police or child protection services, possibly believing they were protecting the university’s image.

            The “celebrity” part is Joe Paterno, who listened to a graduate assistant who says he saw an act of sodomy by Sandusky, and then, disgusted by what Sandusky may have done, reported it the athletics director and senior vice-president for administration. Paterno met his legal responsibility, and isn’t under any criminal investigation. Questions to Paterno in court would probably result in the defense objecting to hearsay testimony since Paterno never witnessed the act.  

            Almost every Pennsylvania TV station and dozens of networks sent camera crews into State College. As the number of TV crews increased, the quality of reporting sank, as almost every on-air reporter seemed to feel a need to ask even dumber questions and make dumber statements than every other reporter. These are the TV stations that send camera crews to out-of-town football games, Spring training in Florida, and bowl games, yet have downsized their news staff, plead economic poverty, and failed to adequately cover critical news stories. In Pennsylvania, it has meant little original reporting about conflict-of-interest and ethics scandals in the state legislature. Sports, apparently, is “sexy”; the public’s money and legislature integrity aren’t.

            These are the same members of the media who for many of Paterno’s 46 years as head coach had filed stories that he should step down after any two losses in a row, or during a losing season, or even a season that didn’t have enough wins. The media had also layered comments that Paterno was everything but senile, that he was too old to be coaching. But, Paterno, known in the media as “JoePa,” kept winning, and kept demanding academic and athletic excellence in addition to moral integrity from his players. The university’s library, not any of its athletic buildings, is named for him. America’s best-known coach was building not a place for future NFL stars, but a place where college students could supplement their education to become productive members of society. His graduation rate is among the highest in Division I athletics.

            However, based upon the amount of newsprint and air time given to this story, you would swear that Paterno was guilty, arrested, and probably already convicted. The media almost forgot about Sandusky as they began piling on to Paterno. Six column headlines and five minute network stories dominated the news agenda. Like sharks, they smelled blood and circled their prey, a towering figure about to be toppled. With little evidence, these sanctimonious scavengers called for one of the most ethical and inspirational coaches and professors to resign, claiming he didn’t do enough, that he should have personally called the police rather than follow established protocol.

.           Many of the media horde, who had never written any story about Penn State’s excellent academic and research programs, soon began pumping out ludicrous statements that Penn State’s reputation would be tarnished for years. Despite their self-righteous denials, the screeching of “Joe Must Go” in one-inch bold black headlines undoubtedly influenced the university’s board of trustees, which was constantly proving that incompetence isn’t just a media trait. Their attitude seemed to be not whether what Paterno did was a terminable offense, but that to terminate him would somehow save the university’s tarnished reputation—and maybe preserve the value of their own luxury seats at Beaver Stadium.

            On Wednesday, Nov. 9, three days before the Penn State/Nebraska game, which was to be the last home game of the season, the Trustees, with a push from Gov. Tom Corbett, fired Paterno, thus justifying all the ink and air time spent by the media that seemed distracted from the real story—Sandusky, not Paterno, was arrested.

            That night, thousands of students staged a demonstration of support for Paterno. The media called it a riot and almost universally condemned the students for exercising a First Amendment right of peaceful assembly and freedom of speech. What little damage done—the highest estimate was about $20,000—was by a relatively small number of participants. However, the media never reported that they had also done damage. Reporters and camera crews walked and ran through private property and mobbed sidewalks in front of the homes of Sandusky, Paterno, and others, shoving microphones into residents' faces to get any kind of seven-second soundbite they could. Residents report mini-mountains of trash left in the media's wake.
            On game day, the media camped in front of Paterno’s house. ESPN coverage of the game, which drew about twice as many viewers as expected, was constantly punctuated by the “scandal,” and what Paterno did and didn’t do. Tragedy had suddenly become a sport.

            Contributing to the media’s shameful performance were mountains of crocodile tears, dripping with moral indignation. Had the media spent even a tenth of the time before the Penn State scandal to publish and air stories about child welfare problems, and what could be done to protect the most vulnerable of society, their myriad comments would have been credible.

            In contrast to the masses, several reporters did credible reporting, including the hometown Centre Daily Times. But the best reporting might be that of Sara Ganim, who had begun her investigation first at the Centre Daily Times before moving to the Harrisburg Patriot-News. Three years after graduating from Penn State, she broke the story in March that the Grand Jury was investigating Sandusky and others. Her story at the time didn’t get much traction. But, for several months she meticulously gathered facts and wrote news, not opinion and speculation, which dominated the work of many of her colleagues, many of whom showed they were incapable of even reaching the journalistic standards of reporting at the National Enquirer.

            Perhaps Joe Paterno should have done more; perhaps he should have called the police or at least followed-up with his earlier concern. But, we don’t know yet the facts.

            One concern remains. Today, these Monday Morning Quarterbacks of the media and a pack of largely anonymous self-righteous fans all say that unlike Paterno they would have done “the right thing.” How many, if faced by the same set of circumstances, would have done “the right thing” a month ago?

[Assisting on this story was Rosemary Brasch. Dr. Brasch had begun his journalism career as a sports writer and sports editor before moving into public affairs/investigative journalism. He is an award-winning syndicated columnist and retired journalism professor. His latest of 17 books is Before the First Snow, a story of the counter-culture, set primarily in Pennsylvania.]

The Personhood of a Mississippi Zygote

by Walter Brasch

            “O.K., class, we have a few minutes at the end of today’s lecture about how the godless Communists created evolution to try to destroy the decent loyal patriotic capitalist society of America. Any questions? Yes, Billy Bob.”

            “Mr. Jim Bob, I heard about this thing called a person. What is that?”

            “Good question. With all the distortions by the lyin’ liberal left-wing, it can get confusing. But, it’s really simple. A person is an egg that has just been fertilized by a sperm. We call this young person a Zygote.”

            “Does it have to be a goat? Can it be anything else?”

            “Well, Susie Bob, if you nurture it, that fertilized egg can grow up to be anything it wants to be, because this is the United States of America. And no one has the right to tell us white folks what to do.”

            “Are there advantages of being a single-celled person?”

            “Definitely. Their parents don’t have to wait until they emerge from the birth canal to claim them as an IRS deduction. Also, with more persons in Mississippi, we can get more single-cell congresspersons to represent us.”

            “Then why did our parents vote against the constitutional amendment?”

“It was a close defeat. While those abortion activists voted against the measure, most of the opposition was because us conservatives were worried that the way the proposed amendment was written would allow them liberal types to go to Washington and overturn our states’ rights.”

            “You mean Congress can do that?”

            “No, Junie Bob, the Supreme Court can do that. It was a craps roll. You see, there are four decent Americans on the Supreme Court. And there are four who are women, or Jews, or both. And they were likely to say something stupid, like the state isn’t allowed to use religious dogma to justify new laws. That would mean there would be a 4–4 tie. We couldn’t trust the other judge to do what’s right, because he changes what side he’s on all the time. Even our illustrious governor said he had doubts about how broad that amendment was, and what the courts would do.”

            “But he voted for it anyway.”

            “He’s a politician, Kenny Bob. That’s what they do. Next question.”

            “My mommy says that abortion and wearing condoms is murder, and to protect persons she plans to run down baby-killer doctors when she sees them on the streets.”

            “Your mommy is looking out for the best interests of the fertilized egg. In that case, the courts will rule that what your mother does is justified homicide. Just like them lynchings your pappies and grandpappies might have done for fun on some hot weekend. It sent a message that we don’t tolerate uppity colored people doing dumb things like voting or demanding constitutional rights. Those were meant only for the white people.”

            “Is slavery still legal?

            “No, Bertie Bob, Mississippi outlawed it in 1995 when we ratified the 13th Amendment to the Constitution.”

            “Why did it take so long?”

            “Well, Martha Bob, you have to understand that decent conservatives just don’t go rushing into making important decisions. It takes time to figure out all the issues and their implications. Thirteen decades seemed about the right time.”

            “I’m still confused Mr. Jim Bob. My pappy says that we got to keep the gummint out of our lives, like not allowing revenooers on our property. Don’t all of them laws intrude on our rights?”

            “Sometimes, you have to intrude for the good of society. That’s why we have laws about who you can and can’t marry?”

            “You mean, me and—?”

            “Yes, Jenny Bob, I was planning to talk to you about you and your brother. Marriage has to be between a man and a woman who aren’t siblings.”

            “So, it’s OK for me and Calvin Bob to marry?

            “Since you’re first cousins that’s OK, just as long as marriage is between a man and a woman, as God intended.”

            “Is that why we don’t like the coloreds and the Asians to marry us? I heard that half the state doesn’t want intermarriages and the rest are the colored people.”

            “What people don’t understand, Beauford Bob, is that we made those laws to help the colored people. Before the War Between the States—Praise Jeff Davis and Jesus, Hallelujah!—we allowed white slave owners to have sex with anyone they wanted, as long as they were women. But, then we realized that wasn’t fair to the African people, because it diluted their purity. So, to protect the darkies, we didn’t have any choice but to forbid whites from marrying anyone with even one-eighth dark blood.”

            “I heard about this thing called sodomy, which them homosexual and lesbian ladies practice. That’s just yucky.”

            “Indeed it is. That’s why sodomy is a felony, and homosexuals can get 10 years in prison, where they can practice deviant. After that, they have to register as sex offenders. That’s another reason why the government is allowed into our bedrooms, so they can protect respectable voyeurs from having to participate in such immoral activity. Time for just one more question. Yes, Horatio Bob.”

            “Mr. Jim Bob, how did you become so wise?”

            “I’m a graduate of the Mississippi school system.”

            [Walter Brasch’s latest book is the mystery/thriller, Before the First Snow, set in rural Pennsylvania. The book is available through www.greeleyandstone.com, amazon.com, and other bookstores.]

The High Cost of Freedom from Fossil Fuels

The Diablo Canyon Nuclear Power Station near San Luis Obispo, Calif., was built between four earthquake faults, and with the wrong set of blueprints.

by Walter Brasch

            For a few hours on the afternoon of Nov. 1, the people of southern California were scared by initial reports of an alert at the San Onofre Nuclear Generating Station. An “alert” is the second of four warning levels.

            Workers first detected an ammonia leak in a water purification system about 3 p.m. Ammonia, when mixed into air, is toxic. The 30 gallons of ammonia were caught in a holding tank and posed no health risk, according to the Nuclear Regulatory Agency (NRC).  

            During the 1970s and 1980s, at the peak of the nuclear reactor construction, organized groups of protestors mounted dozens of anti-nuke campaigns. They were called Chicken Littles, the establishment media generally ignored their concerns, and the nuclear industry trotted out numerous scientists and engineers from their payrolls to declare nuclear energy to be safe, clean, and inexpensive energy that could reduce America’s dependence upon foreign oil.

            Workers at nuclear plants are highly trained, probably far more than workers in any other industry; operating systems are closely regulated and monitored. However, problems caused by human negligence, manufacturing defects, and natural disasters have plagued the nuclear power industry for its six decades.

            It isn’t alerts like what happened at San Onofre that are the problem; it’s the level 3 (site area emergencies) and level 4 (general site emergencies) disasters. There have been 99 major disasters, 56 of them in the U.S., since 1952, according to a study conducted by Benjamin K. Sovacool Director of the Energy Justice Program at Institute for Energy and Environment  One-third of all Americans live within 50 miles of a nuclear plant.

            At Windscale in northwest England, fire destroyed the core, releasing significant amounts of Iodine-131. At Rocky Flats near Denver, radioactive plutonium and tritium leaked into the environment several times over a two decade period. At Church Rock, New Mexico, more than 90 million gallons of radioactive waste poured into the Rio Puerco, directly affecting the Navajo nation.

            In the grounds of central and northeastern Pennsylvania, in addition to the release of radioactive Cesium-137 and Iodine-121, an excessive level of Strontium-90 was released during the Three Mile Island (TMI) meltdown in 1979, the same year as the Church Rock disaster. To keep waste tanks from overflowing with radioactive waste, the plant’s operator dumped several thousand gallons of radioactive waste into the Susquehanna River. An independent study by Dr. Steven Wing of the University of North Carolina revealed the incidence of lung cancer and leukemia downwind of the TMI meltdown within six years of the meltdown was two to ten times that of the rest of the region.

            At the Chernobyl meltdown in April 1986, about 50 workers and firefighters died lingering and horrible deaths from radiation poisoning. Because of wind patterns, about 27,000 persons in the northern hemisphere are expected to die of cancer, according to the Union of Concerned Scientists. An area of about 18 miles is uninhabitable. The nuclear reactor core is now protected by a crumbling sarcophagus; a replacement is not complete. Even then, the new shield is expected to crumble within a century. The current director at Chernobyl says it could be 20,000 years until the area again becomes habitable.

            In March, an earthquake measuring 9.0 on the Richter scale and the ensuing 50-foot high tsunami wave led to a meltdown of three of Japan’s Fukushima Daiichi nuclear reactors. Japan’s nuclear regulatory agency reported that 31 radioactive isotopes were released. In contrast, 16 radioactive isotopes were released from the A-bomb that hit Hiroshima Aug. 6, 1945.  The agency also reported that radioactive cesium released was almost 170 times the amount of the A-bomb, and that the release of radioactive Iodine-131 and Strontium-90 was about two to three times the level of the A-bomb. The release into the air, water, and ground included about 60,000 tons of contaminated water. The half lives of Sr-90 and Cs-137 are about 30 years each. Full effects may not be known for at least two generations. Twenty-three nuclear reactors in the U.S. have the same design—and same design flaws—as the Daiichi reactor.

            About five months after the Daiichi disaster, the North Anna plant in northeastern Virginia declared an alert, following a 5.8 magnitude earthquake that was felt throughout the mid-Atlantic and lower New England states. The earthquake caused building cracks and spent fuel cells in canisters to shift. The North Anna plant was designed to withstand an earthquake of only 5.9–6.2 on the Richter scale. More than 1.9 million persons live within a 50-mile radius of North Anna, according to 2010 census data.

            Although nuclear plant security is designed to protect against significant and extended forms of terrorism, the NRC believes as many as one-fourth of the 104 U.S. nuclear plants may need upgrades to withstand earthquakes and other natural disasters, according to an Associated Press investigation. About 20 percent of the world’s 442 nuclear plants are built in earthquake zones, according to data compiled by the International Atomic Energy Agency.

            The NRC has determined that the leading U.S. plants in the Eastern Coast in danger of being compromised by an earthquake are in the extended metropolitan areas of Boston, New York City, Philadelphia, Pittsburgh, and Chattanooga. Tenn. The highest risk, however, may be California’s San Onofre and Diablo Canyon plants, both built near major fault lines. Diablo Canyon, near San Luis Obispo, was even built by workers who misinterpreted the blueprints.  

            Every nuclear spill affects not just those in the immediate evacuation zone but people throughout the world, as prevailing winds can carry air-borne radiation thousands of miles from the source, and the world’s water systems can put radioactive materials into the drinking supply and agriculture systems of most nations. At every nuclear disaster, the governments eventually declare the immediate area safe. But, animals take far longer than humans to return to the area. If they could figure out that radioactivity released into the water, air, and ground are health hazards, certainly humans could also figure it out.  

Following the disaster at Daiichi, Germany announced it was closing its 17 nuclear power plants and would expand development of solar, wind, and geothermal energy sources. About the same time, Siemens abandoned financing and building nuclear power plants, leaving only American-based Westinghouse and General Electric, which own or have constructed about four-fifths of the world’s nuclear plants, and the French-based Areva.

            The life of the first nuclear plants was about 30–40 years; the newer plants have a 40–60 year life. After that time, they become so radioactive that the risk of radiation poison outweighs the benefits of continuing the operation. So, the operators seal the plant and abandon it, carefully explaining to the public the myriad safety procedures in place and the federal regulations. The cooling and decommissioning takes 50–100 years until the plant is safe enough for individuals to walk through it without protection. More critical, there still is no safe technology of how to handle spent control rods.

            The United States has no plans to abandon nuclear energy. The Obama administration has proposed financial assistance to build the first nuclear plant in three decades, and a $36 billion loan guarantee for the nuclear industry. However, the Congressional Budget Office believes there can be as much as 50 percent default.  Each plant already receives $1–1.3 billion in tax rebates and subsidies. However, in the past three years, plans to build nuclear generators have been abandoned in nine states, mostly because of what the major financiers believe to be a less than desired return on investment and higher than expected construction and maintenance costs.

            A Department of Energy analysis revealed the budget for 75 of the first plants was about $45 billion, but cost overruns ran that to $145 billion. The last nuclear power plant completed was the Watts Bar plant in eastern Tennessee. Construction began in 1973 and was completed in 1996. Part of the federal Tennessee Valley Authority, the Watts Bar plant cost about $8 billion to produce 1,170 mw of energy from its only reactor. Work on a second reactor was suspended in 1988 because of a lack of need for additional electricity. However, construction was resumed in 2007, with completion expected in 2013. Cost to complete the reactor, which was about 80 percent complete when work was suspended, is estimated to cost an additional $2.5 billion.

            The cost to build new power plants is well over $10 billion each, with a proposed cost of about $14 billion to expand the Vogtle plant near Augusta, Ga. The first two units had cost about $9 billion.

            Added to the cost of every plant is decommissioning costs, averaging about $300 million to over $1 billion, depending upon the amount of energy the plant is designed to produce. The nuclear industry proudly points to studies that show the cost to produce energy from nuclear reactors is still less expensive than the costs from coal, gas, and oil. The industry also rightly points out that nukes produce about one-fifth all energy, with no emissions, such as those from the fossil fuels.

            For more than six decades, this nation essentially sold its soul for what it thought was cheap energy that may not be so cheap, and clean energy that is not so clean.

            It is necessary to ask the critical question. Even if there were no human, design, and manufacturing errors; even if there could be assurance there would be no accidental leaks and spills of radioactivity; even if there became a way to safely and efficiently dispose of long-term radioactive waste; even if all of this was possible, can the nation, struggling in a recession while giving subsidies to the nuclear industry, afford to build more nuclear generating plants at the expense of solar, wind, and geothermal energy?

[Walter Brasch’s latest book is Before the First Snow, a fact-based novel that looks at the nuclear industry during its critical building boom in the 1970s and 1980s.]