Thursday, May 16, 2013

NYC - See Topless Woman? Just Move On, Police Are Told


See Topless Woman? Just Move On, Police Are Told

Mario Tama/Getty Images
Holly Van Voast, a performance artist and photographer, was in character as a “topless paparazzo” in October at the Columbus Day parade. She has often exercised her legal right to go shirtless.

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The command was read at 10 consecutive roll calls. Each of the city’s 34,000 officers, in theory, got the message: For “simply exposing their breasts in public,” women are guilty of no crime.
Whether any officer encountered such a brave-hearted, bare-chested soul is not clear, nor is the reason for the Police Department’s concern about such matters in the dead of winter.
One possible explanation lies in the person of Holly Van Voast, a Bronx photographer and performance artistknown for baring her breasts.
The order was disclosed in an official memorandum contained in a federal lawsuit Ms. Van Voast filed on Wednesday against the city and the department. The memo makes clear that bare-breasted women should not be cited for public lewdness, indecent exposure or any other section of the penal law.
Even if the topless display draws a lot of attention, officers are to “give a lawful order to disperse the entire crowd and take enforcement action” against those who do not comply, the memo says. “Whether the individuals are clothed is not a factor in making a determination about whether the above-mentioned crowd conditions exist.”
The suit lists 10 episodes in 2011 and 2012 in which the police detained, arrested or issued summonses to Ms. Van Voast, 46, for baring her breasts at sites that included the Oyster Bar in Grand Central Terminal, in front of a Manhattan elementary school, on the A train and outside a Hooters restaurant in Midtown. That last episode, the suit says, ended with her being taken by the police to a nearby hospital for a psychiatric evaluation.
Each complaint against her was dismissed or dropped, her lawyers said, for one simple reason: The state’s highest court ruled more than two decades ago that baring one’s chest in public — for noncommercial activity — is perfectly legal for a woman, as it is for a man.
But when Ms. Van Voast’s top came off again this year, her lawyers said, what had seemed to be an annual rite of spring did not follow. “I was aware that they stopped telling her to put a shirt on, stopped arresting her, stopped carting her off to mental institutions,” Ronald L. Kuby, one of her lawyers, said. “But I was not aware why.”
The memo does not allude to its origin, and a department spokeswoman declined to discuss what had precipitated it. The spokeswoman, Inspector Kim Y. Royster, said such memos were “periodically circulated to remind personnel of our policies.” She added that it “comports with the N.Y.S. Court of Appeals ruling on taking enforcement action against individuals for public nudity.”
The memo’s language is as clear as it is legalistic. Officers “shall not enforce any section of law, including penal law sections 245.00 (public lewdness) and 245.01 (exposure of a person) against female individuals who are simply exposing their breasts in public.”
Katherine Rosenfeld, a lawyer at Emery Celli Brinckerhoff & Abady who is also representing Ms. Van Voast, saw a direct connection between the memo and her client’s public performances, often done in the character of a mustachioed “topless paparazzo” called Harvey Van Toast. “It establishes that they’ve been in error in all the times that they’ve charged her,” she said.
Ms. Van Voast, in her lawsuit, is seeking compensation from the city as well as punitive damages from several named and unnamed officers for her treatment, which the suit alleges constituted civil rights violations.
The memo reminds the officers that there are still times when they can detain, arrest or give tickets to women or men for being indecent in public — “if the actions of any individual rise to the level of a lewd act (e.g. masturbation, simulated sexual act), regardless of whether the individual is clothed above their waist,” or if the person is naked below the waist “and is not entertaining or performing in a play, exhibition, show or entertainment.”
Of a dozen patrol officers from precincts around the city interviewed on Wednesday, nearly all correctly cited the law on toplessness, though none would describe roll call discussions. Each declined to be quoted by name, citing departmental policy.
“It was told to us,” one said. “But I don’t remember if it was at roll call or in a conversation like this.”
Another said he remembered hearing last summer that “it’s legal to be topless if you’re a man or a woman.”
“I thought you had to have body paint,” a female officer said.
“No,” the first replied. “You don’t need that.”

Seven Times Senate Republicans Demanded The Budget Process They Are Now Obstructing


By Travis Waldron on May 8, 2013 at 3:45 pm

Senate Democrats passed a budget for the first time in four years earlier this year, a move that would seemingly please the Republicans who spent the last four years reminding everyone of the fact that the Senate hadn’t done so. But now, with the House and Senate sitting on differing budget proposals, Senate Republicans have blocked four efforts to form a conference committee that would be tasked with forming a compromise budget.
Here are seven times Republicans have chastised Senate Democrats for not passing a budget since September of last year (and assuredly, it’s not a comprehensive list), including two instances in which Senate Minority Leader Mitch McConnell (R-KY) blasted them for not moving to the type of bicameral conference committee the Republicans are now blocking:
1. Sen. Mitch McConnell (R-KY): “A second term presents the opportunity to do things differently, and in the Senate that means a return to regular order. Later this week, the House plans to send the Senate a bill to address the debt limit in a timely manner. Once we get it, the Senate should quickly respond. If the Senate version is different than the one the House sends over, send it off to conference. That’s how things are supposed to work around here. We used to call it legislating.” [Senate floor, Jan. 22, 2013]
2. McConnell, again: “Why aren’t we trying to do something about reducing spending? We know we need to do it. When are we going to do it? We don’t need to use the deadlines. We could go through the regular order. Congress could pass bills. They could have conferences between the House and Senate.” [ABC, Jan. 6, 2013]
3. Sen. Bob Corker (R-TN): “We have not had a budget in this body for 1,240 days.” [Senate floor, Sept. 20, 2012]
4. Sen. John Cornyn (R-TX): “1,387 days since the United States Senate has passed a budget.” [Senate floor, Feb. 14, 2013]
5. Sen. Dan Coats (R-IN): “It has been 1,372 days since the United States Senate passed a budget.” [Senate floor, Jan. 30, 2013]
6. Sen. Johnny Isakson (R-GA): “Let’s get back to the business of America. Let’s get a budget to the floor.” [Senate floor, Sept. 20, 2012]
7. Sen. Roy Blunt (R-MO): “These problems are big, but they are not necessarily that complicated. We just have to have the willpower to deal with them. This Congress has not done that. This Senate, more importantly, has not done that. The House has passed bills. The House has passed a budget.” [Senate floor, Sept. 20, 2012]
The reasons why the GOP doesn’t want to go to conference is clear: they don’t want to consider any compromise that may include new revenues (the Senate budget raised $975 billion) or that raises the debt ceiling, which will need to be upped before October at the latest. Previous deals to reduce the deficit have been comprised primarily of spending cuts, and any further deficit reduction would have to be90 percent revenues to bring balance to the total package of reductions since President Obama took office.
As Brian Beutler explained, both new revenues and an early, clean debt limit increase are untenable to Republicans, who hold less popular political positions on both. So instead of going to the conference the GOP spent four years demanding, they’ve chosen to block it from forming.

84 Percent Of New York Fast Food Workers Report Being Victims Of Wage Theft


By Travis Waldron on May 16, 2013 at 1:15 pm

More than four-in-five of fast food workers in New York City say they have been victims of wage theft or work hour abuse at their jobs, according to a survey released today from Fast Food Forward, an advocacy group that has been aligned with striking restaurant workers across the city.
Workers at New York City fast food chains have staged multiple one-day strikes in recent months, first in November and most recently in April. The strikes have centered on claims of low-wages, the lack of health and retirement benefits, and their inability to organize unions without intimidation from employers, and the survey’s numbers lend credence to their wage claims:
More than 8-in-10 employees (84%) report being victims of wage theft over the course of the last year; 66% report at least two abuses, 45% report at least three, and more than thirty percent of employees (31%) report being victims of at least four of these practices. Specifically:
• 36% of workers report being required to work while off the clock
• 32% of cashiers report being required to pay their employer if their register is short
• 30% of those who have worked 40+ hours in a week report they have not always received pay of time-and-a-half for overtime hours.
New York Attorney General Eric Schneiderman, a Democrat, recently launched an investigation into the practices of fast food owners and their parent corporations, the New York Times reported today. Schneiderman’s investigation is looking into claims made evident by the Fast Food Forward survey, including whether employers paid workers less than the minimum wage and failed to pay overtime. Schneiderman has previously brought claims against more than 20 companies for labor violations, according to the Times.
The abuses, however, aren’t limited to New York. Since workers there launched the first round of strikes in November, they have been joined by fast food and retail workers in ChicagoSt. LouisDetroit, and, most recently, Milwaukee, where workers held a one-day walkout Wednesday.

Detroit recovery plan raises specter of default: Moody's


Detroit recovery plan raises specter of default: Moody's

Thu May 16, 2013 11:57am EDT
(Reuters) - Detroit's bondholders face a heightened chance of default or bankruptcy by the city under a financial recovery plan released on Monday by a state-appointed emergency manager running the city, Moody's Investors Service said on Thursday.
"The plan is negative for Detroit bondholders because it indicates that the city requires 'significant and fundamental debt relief' to help shore up its finances, a clear indication that a default or bankruptcy is a real option," the credit rating agency said in a report.
Specifically, the plan Kevyn Orr sent Michigan Treasury officials outlines four ways to restructure Detroit's debt: by pushing principal payments into future years, permanently reducing the amount of principal, lowering interest rates, and issuing new debt to provide cash recoveries to creditors.
Moody's said Orr's plan cites a "fair and equitable" standard for restructuring the city's finances.
"While not specifically defined in the recovery plan, this language has been used in relation to other bankruptcy proceedings to manage creditors' expectations on recovering their assets in bankruptcy, setting the stage for reductions to all stakeholders, including bondholders," the Moody's report said.
It added that the risk of bankruptcy or default has been incorporated in Detroit's general obligation rating of Caa1 with a negative outlook.

Judge Orders Extension of Hotel Program for Hurricane Sandy Evacuees


May 15, 2013

Judge Orders Extension of Hotel Program for Hurricane Sandy Evacuees

It has been nearly seven months since Hurricane Sandy struck, but a state court judge ruled on Wednesday that New York City cannot end its hotel program for evacuees just yet.
The ruling provides a reprieve for about 900 people in 375 displaced households across the city who remain in 45 hotels. New York City officials had set a May 31 deadline for ending hotel accommodations, saying that most of the residents already had plans to move into new homes.
Officials said they had exhausted efforts to find permanent housing for a hard-to-place group of 156 households. Advocates for storm victims argued that many of them were in danger of being tossed onto the streets or into homeless shelters if the hotel program ended.
In her written decision, Justice Margaret A. Chan questioned the city’s timing and said that it “does not seem reasonable” to end the hotel program just as New York is getting approximately $1.8 billion in federal storm recovery aid. The amount includes $9 million for rental subsidies for up to 24 months, intended mostly for low-income residents and people at risk of homelessness.
The city said it would appeal the decision.
“We recognize the enormous challenges that people have faced following Hurricane Sandy,” Christina Hoggan, a senior counsel with the city’s Law Department, said in a written statement. “But the program was never intended to — and cannot — continue indefinitely.”
She said the court’s decision “will limit the city’s ability to flexibly respond to future tragedies.”
The city placed more than 3,100 people in hotels after the storm as it sought to keep them out of shelters. Most of the evacuees were able to eventually return to repaired homes or secure moves into public housing apartments or other permanent housing. But many others were too poor, with no home to return to and not enough income to qualify for available apartments.
Speaking at a City Council hearing in late April, the commissioner of homeless services, Seth Diamond, said that the hard-to-place evacuees had either rejected the housing options offered to them or had criminal records, insufficient income and other issues that make them ineligible for the available housing. He imposed an April 30 deadline for them to move out of the hotels, which was later extended after the Legal Aid Society sued the city to prevent the evictions.
Judith Goldiner, who handled the case for the organization, said the city must now speed up the distribution of rental vouchers to assist all the evacuees in securing a home. “In a couple of months everyone could be out of the hotels,” she said.
The hotel program has cost more than $60 million so far but the city expects to be reimbursed by the Federal Emergency Management Agency for most of the expense.

In D.C., parents miss work, lose jobs trying to get child-care subsidy


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By Brigid SchultePublished: May 15 E-mail the writer
At 6:30 a.m. on a Wednesday early this month, Andria Swanson, dressed in a bright-pink terry cloth jumpsuit, joined a line that was already snaking down South Capitol Street in Congress Heights.
She nervously counted the people ahead of her.
“I’m number 19,” she said. “That means I’ll get in today.” At number 20, she said, caseworkers close the doors and tell you to come back another day.
Ahead of her in line, Joelle Flythe had been waiting, for the third day in a row, since 5 a.m. The first person in line had arrived at 3:45 a.m.
This was Swanson’s second trip of the week to the Congress Heights Service Center, the only place run by the city where poor and working-poor parents can apply for a subsidy to help pay for child care.
It will not be her last.
Over the past two years, Swanson said, she has repeatedly waited in line at this office, once for more than nine hours as she missed work and college classes. She’s made multiple trips after caseworkers told her she needed more paperwork. At one point, she said, she missed so much work trying to get the child-care subsidy that she lost her job, landed in a shelter and went on welfare.
Last month, Swanson began a job for the grass-roots advocacy nonprofit group Empower DC, tasked with helping improve the very subsidy process she has found so frustrating. So on this particular morning, she asked another mother to hold her place in line while she interviewed people about their experiences and asked them to sign a petition to improve the system.
“This process is hell,” Swanson said. “H-E-L-L.”
It’s never been easy for low-income parents in the District to secure high-quality child care. But now the stakes are very high.
This fall, the District will begin limiting how long families can stay on welfare to five years. Liberals and conservatives agree that affordable child care is essential in moving people off welfare and into jobs and in helping them keep those jobs.
But that goal is greatly complicated by the realities of the city’s child-care subsidy program — with its counterproductive system for receiving and renewing benefits, its inadequate funding for the subsidies themselves and the lack of child-care centers willing to accept the vouchers.
City officials agree that the system is flawed. “The process needs a lot of fixing,” said David Berns, director of the Department of Human Services.
As many as 25,000 people apply for child-care subsidies every year, he said, but the city has only seven caseworkers to determine eligibility.
Berns said he has successfully lobbied for funding from the Division of Early Learning to increase staff at the Congress Heights Service Center by seven or eight. His department also hopes to begin streamlining the subsidy process next fall, he said. And in two years, he said, a new computer system should enable parents to apply for subsidies online.
“We have a real sense of urgency,” said Deborah Carroll, director of DHS’s Economic Security Administration. “You can’t get a job if you can’t put your kid in child care.”
But when the changes finally arrive, they will do nothing to fix one major obstacle: The child-care subsidy covers only about 40 percent of what child care costs in the District, a reimbursement rate set in 2004 that is one of the lowest in the nation. As a result, only about half of the 500 child-care providers in the District, most of them east of 16th Street NW, accept the vouchers. The dearth means low-income parents have few options in a city in which nearly 10,000 children from all socioeconomic levels sit on waiting lists.
Newly minted advocate
Without the subsidy, Swanson, a 23-year-old single mother, would have to pay nearly $40,000 a year for child care for her infant son and her 2-year-old daughter, according to a new survey of the city’s child-care rates by the University of the District of Columbia. She makes barely half that. As a newly minted advocate, she said she hopes to document for city leaders just how many other women are in her predicament.
In front of Swanson at the Congress Heights Service Center was Siobhan Moore, 22, who said she had to stop attending the Ballou STAY High School program in February because her son lost his spot in a child-care center. It took three months to find another spot.
The single mother of three has been on welfare for three years. With only two years left before her benefits are cut off, she’s struggling to get her high school diploma.
“I need child care,” said Moore, in line for the third time. “I’m failing my classes.”
While Moore held Swanson’s place, Swanson began working the line with her clipboard as a reporter shadowed her. Parents spoke about missing school, failing classes and losing jobs while making multiple trips to comply with requests for paperwork. A recent Empower DC survey of 100 parents found that three-fourths made an average of three trips to get a subsidy.
Getting a subsidy is “like having a full-time job,” another mother, Lakeia Peay, would say later. But, added Peay, who has four children and is in a job-training program, “I need it so bad if I’m going to get back on my feet.”
Nationwide struggles
The District is not the only place where the subsidy process can thwart low-income families’ efforts to work and find safe, quality care for their children. In virtually every state, studies have found that getting and keeping a child-care subsidy can be close to impossible.
“We should be making it as easy as possible to help parents get good child care, because it’s critical to their working,” said Helen Blank, director of Child Care and Early Learning at the National Women’s Law Center. “Instead, we tie them up in knots.”
Unlike food stamps and Medicaid, where everyone poor enough to qualify for help gets it, the $5 billion provided by the federal government for the Child Care and Development Block Grant, with states kicking in additional amounts, covers 1.6 million children — only one in six who are eligible.
As budgets have been cut and the number of people in poverty has grown, waiting lists in some states have stretched to two years. Studies show that families on waiting lists have lost jobs or given up searching because they can’t find or afford child care.
In Maryland, the waiting list dropped from about 16,000 children to 320 when the state infused more funds into subsidies in March. In Virginia, Blank said, about 11,000 children are waiting.
District officials say they believe that the city has the money to provide enough subsidies at its below-market reimbursement rate to every eligible welfare and working-poor parent earning up to 250 percent of the poverty level. But they could not say how many children qualify for them.
The federal Department of Health and Human Services estimates that there are as many as 27,000 who do. In the past year, city officials said they issued 17,000 subsidies but could not say how many duplicates were among them.
“They make it so difficult,” Swanson said. “Some people just give up.”
Swanson said she had six days to renew her subsidy before it expired and her children lost their spots at Happy Faces child-care center. She’d called the Congress Heights Service Center in April to make an appointment, but she couldn’t get one before June, long after the expiration date. So she found herself in the walk-in line.
Under the subsidy system’s rules, she must “recertify” in person every time something in her life changes — a new baby, a new job, a lost job, different hours on the job, a raise, a new child-care provider. She must recertify now because the semester at UDC, where she is taking classes in child development, is ending and she won’t be back in class until the fall. She’ll need to recertify again in September and bring an official transcript of her new classes.
“They will terminate you like that,” said Swanson, snapping her fingers. She has been terminated twice without warning in the past.
Each time, Swanson must prove that she is poor enough to receive the subsidy and that she is in school, in a training program or working at least 20 hours a week.
She yawned. She’d been up late the night before taking a final exam and had to rise early to tend to her children. She handed her daughter a plastic bag of Cheerios in their apartment in Southeast Washington while her fiance, bleary-eyed from working the overnight shift at Walgreens in Chinatown, buckled their infant son into his car seat.
Swanson had taken off work Tuesday to go talk to her caseworker and ask exactly what she needed to bring Wednesday.
Standing in line, she held a crisp manila envelope with three documents: an official letter from her employer stating her weekly hours (even though she said she brought a similar one in March), proof of residency (even though she hadn’t moved since September and had been recertified since) and three consecutive pay stubs.
“If a document is more than 30 days old, it’s no good,” she explained.
Set up to catch fraud
Gina Adams, who studies child-care policies at the Urban Institute, said the unwieldy bureaucracy across the country reflects a mentality that the poor are moochers intent on defrauding the system.
“Our systems are set up to catch people with bad intentions. That’s why they’re so hard to comply with,” she said. Of about 17,000 subsidies granted in the District last year, city officials found 13 cases of fraud.
Swanson explained to parents in the line that Mayor Vincent C. Gray (D) has no money in his budget to improve the subsidy program. On his “wish list,” Gray included $11 million to create 200 more child-care spaces and increase the subsidy rate by 10 percent. But the wish list gets funded only if revenue exceeds expectations.
“Give me that,” one mother told Swanson, signing her name on the petition with fury.
Joelle Flythe, 24, also signed. Flythe is a teacher’s aide at a child-care center that prohibits staff from bringing their own children. She had to call more than 60 places before she found a licensed child-care home that would both take a subsidy and had room for her infant son.
This is her third attempt at getting a subsidy. Different caseworkers told her to bring different documents. “I was in there crying,” she said. “I told them I had to have the voucher by Monday or I’d lose my job.”
By the end of the day, Moore would wait until 4 p.m. but get a voucher. Flythe would be told to return the next day with more paperwork.
Swanson, too, would be rejected. Her boss’s letter said she worked “no more than” 30 hours a week. Although the letter stated the hours Swanson worked, which added up to 30, and a phone call to her boss confirmed them, caseworkers said the three words could be construed as violating the 20-hour-a-week minimum requirement of work or school.
They also told her that she needed a letter from the unemployment office stating she was no longer receiving the benefit. Swanson would take more time off work Friday to do that. That letter, she was told, would be ready in two weeks.
Swanson rubbed her eyes tiredly and looked at her watch. She’d caused a stir arriving in the line with a reporter. Three caseworkers had taken her ahead of the others.
Still, it was close to 11 a.m. before her fiance picked her up. “Man, I’m so late,” she said. “I’ve really got to get to work.”


Pyromaniacs on the Potomac: The Problem With Obama’s Second Term


Pyromaniacs on the Potomac: The Problem With Obama’s Second Term


THURSDAY, MAY 16, 2013
Six months into a second term and the Obama White House is on the defensive and floundering: Benghazi, the IRS’s investigations of right-wing groups, the Justice Department’s snooping into journalists’ phone records, Obamacare behind schedule, the Administration’s push for gun control ending in failure.
Should the blame fall mainly on congressional Republicans and their allies in the right-wing media, whose vitriolic attacks on Obama are unceasing?
After all, the only thing the GOP stands for – the sole mission that unites its warring factions — is an unwaivering determination to block anything the Administration seeks while distracting public attention from any larger issue.
But surely some of the seeming disarray is due to the President, whose insularity and aloofness make him an easy target, and whose eagerness to compromise and lack of focus continuously blurs his core message.
Is the central goal of his second term to achieve a grand bargain on the budget deficit? Or progress on gun control? Or restore jobs? Or reform the immigration laws? It is difficult to tell.
Vulnerabilities come with any Administration’s second term — when officials are exhausted, public support has worn thin, “A” teams have departed, the media are disenchanted, and all of the low-hanging fruit in a president’s agenda has already been picked.
I painfully recall Bill Clinton’s second term (I left before Monica). George W. Bush’s second term was marred by Iraq and a colossal failure on Social Security. Ronald Reagan’s, by the Iran-Contra scandal. Even FDR got mired in a so-called “court-packing” scheme that lost him public and congressional support.
Which is why it’s so important for a second-term White House to define itself — to give the public a clear sense of what it stands for, and how it intends to tackle the largest challenges facing the nation. And then to work hard on this core agenda without becoming overly distracted by the inevitable fires that have to be extinguished along the way. 
Even if a president fails to achieve this larger objective, he will at least have established a predicate for the future, and given the public a larger goal around which to mobilize and organize. 
Barack Obama is allowing the fires to dominate because he has not defined his core agenda. During the 2012 campaign it appeared to be restoring jobs, rebuilding the middle class, and reversing the scourge of widening inequality. Since then, though, the core has evaporated – leaving him and his administration vulnerable to every pyromaniac on the Potomac.