This Day in History

History.com tells me that on this day in 1564 William Shakespeare was born. What it does not tell me, and this is an unforgivable oversight, is that 402 years later on April 23, 1966 a remarkable person named Celeste Marie Rogers was born. The oldest child of Patty and Phil Rogers, she would go on to graduate from George Mason University and then make the questionable decision of marrying yours truly (Jon Lowder). The result is a 24 year (and counting) marriage that produced three incredible children -Michael, Erin and Justin – and lots of laughs.

In case you haven’t done the math yet let me make plain why today is important – it marks exactlyCelesteGlamourCropped 50 years that Celeste has spent on this Earth and that is an occasion worth celebrating. So here it is: Happy Birthday to a wonderful, wonderful woman!

 

Perception IS Reality

In the ongoing North Carolina saga that is the aftermath of the state legislature’s passage of HB2, it has become clear people are still people. Essentially, people who support the bill focus on the parts they agree with – namely the “bathroom bill” portion – and seem perfectly willing to ignore or minimize the parts that they may or may not agree with if they bothered to look past the headlines related to the bathroom-related stuff. On the other hand opponents of the bill focus on the discriminatory aspects of the bill and the egregious rollback of employees’ rights to sue for wrongful termination -rightly so in my opinion – yet they also minimize the feelings of people confronted with the confusing spectrum of human sexuality and gender and belittle as “ignorant” those who don’t know the difference. In other words, our state legislature has drawn a big red line on either side of which the citizens of the state are lining up.

One real rub here is that there are many people who hate the bill, but don’t want to admit that sharing a restroom with a transgender person gives them pause. Given enough time to think about it they probably realize that they already have and just didn’t know it, but the fear of the unknown and different is something that must be addressed and it does no good to belittle those who have those fears.

Another issue is that a certain percentage of the backlash against the bill is coming from people and institutions from outside the state, so people who support it are able to fall back on the old “we’re not going to let those California liberals (or Yankee, or whatever other pejorative) tell us how to live our lives, so they can take their business elsewhere” argument or, even better, the “those people are hypocrites because they still do business in <fill in the blank place with some hot-button issue>” tack. When these people hear that yet another performer is cancelling a North Carolina gig, or another conference is cancelling and moving to another state, or another company is halting expansion plans for the state, they shrug it off as inconsequential or hypocritical. Yet, you can be dead certain that if Charlotte’s bathroom ordinance that was supposedly the justification for HB2 was in place and a Christian rock band cancelled a show there, then they would instantly invoke the right of the band not to violate its principles and decry the lost economic impact due to the ordinance. Hypocrisy, meet thyself.

So here’s the deal – both sides have their perceptions of the issue and so each has its own version of reality. What the supporters of the bill will have to reconcile themselves with is the reality that their perception, and thus their version of reality, is out of step with much of the rest of the country. You know what? That’s their right, but when some of them wake up one day and are unemployed because the state has lost so much business because it is out of step with the rest of the country then they will have a whole new reality to face and that might change their perception of what IS important to worry about and what’s maybe a red herring of an issue that’s been used to screw them over.

The Impact of Malgovernance

*Disclaimer – this piece is my opinion alone and does not reflect the beliefs of any other person or organization with which I’m affiliated.*

Last week I wrote about the way in which the North Carolina legislature enacted the controversial HB2. Since then the controversy and noise swirling around the new law has escalated greatly, with the supporters of the law squatting behind a defensive shield that focuses on the “shiny object” portion of the law; the part that focuses on the rollback of Charlotte’s ordinance regarding transgender bathroom usage. And if you ever doubted it was about politics, in the process of defending law they also attack attorney general Roy Cooper, who is running against incumbent Republican governor Pat McCrory. From Sen. Phil Berger’s Facebook page:

CLICK THE LINK AND SIGN YOUR NAME: I have never seen a campaign as vicious and dishonest as the radical left’s assault on Pat McCrory over the bathroom safety bill. Unlike Roy Cooper, Gov. McCrory courageously did his job and protected the people of North Carolina by signing this common sense law that keeps grown men out of the same bathroom and locker room as little girls. Will you please share StandwithMcCrory.com with your friends and ask them to sign their names in support of Governor McCrory to fight back against the left’s shameful smear campaign?

Now, this stuff is pretty predictable. Of course the backers of the new law are going to run a PR campaign that focuses on the titillating aspects of the bill, simplifies and sensationalizes it with the zero reality-based evidence that it will help protect anyone from anything except their own boogeyman fears, and gets their political base all hot and bothered. Fine, we knew that would happen, but we also knew that there would be an uproar from the rest of the “liberal” world and it was quick in coming, in ways large and small. Here’s just a sampling:

So how are the law’s backers reacting? One editorial in the Charlotte paper captured it perfectly: Republicans’ Schoolyard Reaction to PayPal. This kind of stuff works beautifully with the hard-right’s true believers, and it is definitely part of their strategy – as misguided as some of us might think it is – to give McCrory an issue to go after Cooper with and to distract from the other parts of the law that actually impact far more North Carolinians.

What, you ask, could impact us more than who gets to use the restroom? Well, the one part of the law that has gotten the least attention and yet could directly impact far more of us than anything, is the elimination of a person to sue for wrongful termination in state court if they are fired. That’s a big deal, as explained in this article:

By prohibiting the state Equal Employment Practices Act as the basis for civil action, Noble said, “this law has essentially eliminated state law sanctions for employers, who can now fire its employees … with no state law consequences.”

N.C. House and Senate Republican legislative leaders emphasized during debate over the bill that North Carolinians have a “far more robust” federal court option for filing discrimination lawsuits.

Noble disagrees with the “robust” suggestion, saying that filing a complaint in federal court is twice as costly as state court, more time-consuming in terms of logistical requirements, and likely to have a longer period before a decision…

Legislators say there is a state remedy in that complaints could be investigated and mediated by the N.C. Human Relations Commission.

However, Noble said that commission has focused “on resolving housing discrimination complaints for private persons and improving community relations.”

“The commission simply does not address employment discrimination complaints against private employers … because its authority is expressly limited to receiving, investigating and trying to mutually resolve such complaints,” she said.

The commission also does not receive reoccurring financing from the legislature.

Federal remedies for compensatory and punitive damages are capped according to employer size, ranging from a combined $50,000 to $200,000. In state court, Noble said, there is no cap on compensatory damages, and punitive damages can be worth up to three times the compensatory damage award.

Federal claims must be filed first with the EEOC, whose due diligence obligations often serve to weed out the majority of lawsuits before they reach federal court.

Noble and Rainey said the EEOC tends to take more than six months to recommend whether to pursue a federal court filing, in part because its three North Carolina offices typically are understaffed. By comparison, Kennedy said it is not uncommon for a discrimination case filed in state court to be completed within eight to 12 months.

Seriously, you have to admire the effectiveness of their campaign to this point because no one is talking about it and it directly affects every working person in the state. But, by all means, you go right ahead and focus on who’s using that bathroom and argue about whether or not the new law does any good in protecting someone while they’re taking a squat, while those in the economic development trenches try to figure out how break through all this noise when recruiting businesses and while our various convention and visitor bureaus try to figure out how to keep event organizers from running to more welcoming venues. Think that’s not an issue? Well, here’s a little tidbit I came across on an online network for association professionals:

Topic: Addressing concerns about having our meeting in North Carolina this year

Dear All:

We are having our annual meeting in 6 months in a state that recently passed a law that revokes certain local anti-discrimination ordinances. ($*&*#%!!!!) When we were contacted by the media, we re-iterated our stance on equality (see below). Today we received an inquiry from someone for whom we have no record in our any of our systems asking how we will protect the civil rights of attendees. We have no idea if they are truly a new potential attendee or exhibitor, from the media (though they should identify themselves as media), or from an advocacy group. This got me thinking that we could face protesters or other issues if the courts don’t resolve the situation before this fall.

Has anyone else faced a similar situation?  What should we do and what should we ask the CVB to do, proactively, to reassure our organization, our attendees and exhibitors, etc? 

Believe me when I tell you that there are so many places someone can take a conference or show that there’s no reason they even consider opening themselves up to this kind of hassle, no matter who is behind it. If you’re a supporter of the law, at least the part that’s getting all the noise, and are beating the drum for state leadership to stand strong in the face of “liberal media/activists” then please understand that while you’re more than welcome to your opinion you are also obligated to accept the consequences of that support. You can try to say that it’s the “liberals'” fault for losing that business, that they’re creating a false perception, but here’s the deal: peoples’ perception IS their reality and the perception that you have created is one of being unwelcoming, bigoted and small minded. In today’s business environment that’s a death notice.

Malgovernance

*Disclaimer – this piece is my opinion alone and does not reflect the beliefs of any other person or organization with which I’m affiliated.*

North Carolina’s legislature has made the national news again, and once again it seems to have been motivated by the misguided belief that theocratic governing is a good idea. You can read all about what the legislature did simply by Googling “North Carolina LGBT law“, so instead of talking about what they did I’d like to talk about how they did it.

The Atlantic Monthly has a piece about why North Carolina’s legislature was able to pass the bill while other states’ legislatures were not and in that piece we find a good description of how they pulled it off:

 

…the decision was only made public on Monday, two days before the session. (As a result, some members of the assembly were unable to travel to Raleigh in time.) The legislative language of the bill wasn’t released until minutes before the session actually began Wednesday morning. There was minimal time for public comment built into the session. And by 9 p.m., less than 12 hours after the session began, McCrory signed the bill into law…

In North Carolina, by contrast, there was little warning for opposition forces to rally against the preemption law, no time for them to try to meet with the governor, and little time for the business community to speak out. Dow Chemical, the medical company Biogen, and Raleigh-based software company Red Hat all publicly announced they opposed the law. But major corporations like Charlotte-based Bank of America—which has in the past outspokenly criticizedanti-gay-marriage laws and touted its record on LGBT rights—did not make a public statement. (I asked B of A for comment about the law but haven’t heard back yet.) There’s a strong grassroots-activist base in North Carolina too, centered around the “Moral Mondays” movement, but there was little time for that bloc to organize either…

The law’s framers may also have made a strategically wise decision in bundling several issues together. Laws barring discrimination against gay people are politically contentious. But there’s still much more public stigma against transgender people. For example, campaigners against an LGBT non-discrimination referendum in Houston last year focused heavily on the transgender-bathroom question to the exclusion of broader non-discrimination, and won a resounding victory…

Of course, the general assembly could have passed a narrowly scoped bill that only overturned the transgender accommodation, but legislators instead chose a broader approach. (The minimum-wage provision, meanwhile, was resurrected from a failed preemption effort in September.)

This perfectly describes the m.o. for the Republican-led legislature over the past half-dozen years: for any piece of legislation that might have even a hint of opposition, or might be considered controversial in any way, work on the language behind closed doors, bum-rush it through committee with limited time for serious study by members, get it to the floor for rushed/limited debate and then send it to the governor. Even if he disagrees with it he ends up not acting because he knows his veto is essentially worthless and so it becomes law without his signature.

Bundling multiple items into a contentious bill is nothing new, but hitching the minimum wage piece to a bill that’s got everyone all heated up due to potty rights is a good example of how the Republicans in this legislature have perfected the art.

Before you think I’m picking on the Republicans let me state right here that they are continuing in the tradition of the Democrats who ran the legislature immediately before them. Some of those clowns went to jail, so it’s safe to say that we citizens of North Carolina have been victims of bipartisan malgovernance (that’s not a word, but it feels like a good description).

So what’s wrong with this form of legislating? It short-circuits the inherent strength of an elected body by not allowing a full vetting of the bill in committee and by not allowing time for in-depth study of the bills particulars. By not providing a venue for an extended and honest debate, or for substantive feedback from the public, the majority is pushing through flawed and poorly constructed legislation. If the true goal is good governance then the House and Senate leadership would push for more transparency and debate, not less, and by using these legislative tricks what they are telling us is that the aim is not good governance but to score points with their political base.

Does that shock you? Probably not. Should it piss you off? Most definitely.

By the way, I totally understand if you support the results of the bill – if it fits your belief system then so be it. But please remember how this went down because at some point in the future you’re NOT going to like the resulting law and you’re going to feel truly screwed over when you learn that the powers-that-be snuck one by you. That, my friend, is called karma and it’s a bitch.

Making the Media His Biotches

This article about how Donald Trump is controlling the media came to my attention via a friend on Facebook as you can see below:

TrumpMedia

I particularly like David Boyd’s comment that it  “Helps that they’re such willing bitches.” It’s understandable that the media want to cover Trump – after all he is the phenomenon of this political season – and I understand that they are competing for ‘share of mind’ of an increasingly diminished audience of news watchers, but when do they finally say, “You know what, this a-hole’s been able to run an incredibly inexpensive campaign because we give him so much free air time” and then cut HIM off. He truly needs them far more than they need him, so why keep feeding the troll?

Could it be that they’re desperate to prove they’re still needed, still the Fourth Estate, still an essential part of the democratic process? Maybe they’re finally realizing that what they thought was simply a nightmare they would wake up is reality – that most people don’t read, watch or listen to them anymore. They’ve got Facebook and so does Trump, so no one thinks they need the media anymore. Sadly, they’re probably right and wrong at the same time.

Is BMI Worse Than Worthless?

The statistical gurus at FiveThirtyEight have looked at the ubiquitous body mass index (BMI) and come to a conclusion that many of us suspected: it stinks as a measure of health. In fact I’d argue that it might be worse than useless, in fact might even be harmful, because it misleads people into thinking they are not at risk of negative health effects because they have a BMI in the “normal” range.

Taken alone as an indicator of health, the BMI is misleading. A study by researchers at UCLA published this month in the International Journal of Obesity looked at 40,420 adults in the most recent U.S. National Health and Nutrition Examination Survey and assessed their health as measured by six accepted metrics, including blood pressure, cholesterol and C-reactive protein (a gauge of inflammation). It found that 47 percent of people classified as overweight by BMI and 29 percent of those who qualified as obese were healthy as measured by at least five of those other metrics. Meanwhile, 31 percent of normal-weight people were unhealthy by two or more of the same measures.2 Using BMI alone as a measure of health would misclassify almost 75 million adults in the U.S., the authors concluded…

The researchers analyzed the health data for 15,184 adults who were part of the National Health and Nutrition Examination Survey. Their results,published in the Annals of Internal Medicine, were pretty surprising: They showed that midsection obesity was a killer, even among people with normal BMIs. For example, a man with a BMI of 22 (putting him firmly in the normal range) but too much belly fat according to his waist-to-hip ratio had an 87 percent higher mortality risk than a guy with the same BMI and a healthy waist-to-hip ratio.

What’s more, a man with a normal BMI and disproportionately big belly had more than twice the mortality risk of a man who was overweight or obese by BMI but not by waistline. Among women, those who were normal weight by BMI but had a high waist-to-hip ratio had a 48 percent higher mortality risk than those with a similar BMI but a healthy waist-to-hip ratio, and a 32 percent higher risk compared with those who were obese according to BMI only.

This is the kind of thing that leads me to think BMI has more in common with phrenology than mainstream health care practices.