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Sunday Late Night: Harold & Clay

By: Teddy Partridge Sunday April 18, 2010 8:01 pm

This shouldn’t happen in 21st century America. We say we’ve given people the legal tools to protect themselves and their relationships from this kind of horror. A same-sex Sonoma County (CA) couple, Harold & Clay, found that their legal protections were meaningless, because, well — because their government decided their documented protections could be ignored.

That’s not right.

Clay, 77, and Harold, 88, still lived together in their home and cared for one another, having put medical directives in place that allowed one to decide for the other what was best in case of emergencies. But in a perfect example of ‘you are only as protected as your government decides’ they were separated after Harold suffered a fall at home:

One evening, Harold fell down the front steps of their home and was taken to the hospital. Based on their medical directives alone, Clay should have been consulted in Harold’s care from the first moment. Tragically, county and health care workers instead refused to allow Clay to see Harold in the hospital. The county then ultimately went one step further by isolating the couple from each other, placing the men in separate nursing homes.

While ignoring Clay in deciding about Harold’s care, Sonoma County also decided they’d like to make financial decisions for the couple. A court said the county couldn’t do that, but unfortunately allowed limited access to one of Harold’s bank accounts to pay for his care. Then it gets worse:

Without authority, without determining the value of Clay and Harold’s possessions accumulated over the course of their 20 years together or making any effort to determine which items belonged to whom, the county took everything Harold and Clay owned and auctioned off all of their belongings. Adding further insult to grave injury, the county removed Clay from his home and confined him to a nursing home against his will. The county workers then terminated Clay and Harold’s lease and surrendered the home they had shared for many years to the landlord.

Harold died alone. Clay has nothing left of their possessions except a scrapbook of photos Harold assembled during his last three months of life. After 20 years of life together, these men were separated, their home torn asunder, their possessions auctioned off, and their lives ruined.

That’s not right. But it happened, in America, despite the couple’s best laid-plans.

Kate Kendall of NCLR tells us that while Clay will never see Harold again in this life, others have stepped up to help him:

With the help of a dedicated and persistent court-appointed attorney, Anne Dennis of Santa Rosa, Clay was finally released from the nursing home. Ms. Dennis, along with Stephen O’Neill and Margaret Flynn of Tarkington, O’Neill, Barrack & Chong, now represent Clay in a lawsuit against the county, the auction company, and the nursing home, with technical assistance from NCLR. A trial date has been set for July 16, 2010 in the Superior Court for the County of Sonoma.

h/t to Bilerico Project, who brought this to my attention and included this note:

Are you disturbed by the story of how Clay Greene was treated by the County? Please blog about this, pass it on over Facebook or Twitter, just do whatever you can to help raise the visibility of what happened to Clay. Send a letter to the local paper, the Santa Rosa Press Democrat at letters@pressdemocrat.com. Send them this link to NCLR’s page.

A Whiter Shade of Fail

By: TBogg Sunday April 18, 2010 7:00 pm

Much as I would like to sit in the TBogg Cave and be all broody and shit, Gotham City needs me and the TBogg Signal in the sky alerts me to the fact that someone said something stupid on the internet and how often does that happen? Like, always.

Okay. So anyway, Charles Blow was in Texas as some form of punishment and he decided to take in the Dallas-area Tea Party, and we will dispense with the pejorative “teabagger” here since a teabagger is someone who wishes to provide pleasure to a sexual partner, while a Tea Partier is someone who just likes to suck balls.. Blow checks out the local action and writes:

I had specifically come to this rally because it was supposed to be especially diverse. And, on the stage at least, it was. The speakers included a black doctor who bashed Democrats for crying racism, a Hispanic immigrant who said that she had never received a single government entitlement and a Vietnamese immigrant who said that the Tea Party leader was God. It felt like a bizarre spoof of a 1980s Benetton ad.

The juxtaposition was striking: an abundance of diversity on the stage and a dearth of it in the crowd, with the exception of a few minorities like the young black man who carried a sign that read “Quit calling me a racist.”

Corporate Cluelessness: Not Just for the US Anymore!

By: dakine01 Sunday April 18, 2010 6:00 pm

Satellite images of Iceland's Eyjafjallajokull volcano. Left: natural-color visible image; Right: composite of MODIS thermal infrared channels. (Source: NASA GSFC/JPL, dd. April 16, 2010)

I assume folks have seen the news about the volcano in Iceland and how it has affected air travel worldwide due to concerns about the affect volcanic ash has on engines.

Well, we now have news from Europe that show another export from the US in operation, i.e., corporate cluelessness. It seems some of the European airlines are anxious to re-start. From today’s New York Times we have this quote:

“While safety remains a non-negotiable priority, it is not incompatible with our legitimate request to reconsider the present restrictions,” Olivier Jankovec, director general of ACI Europe, which represents 400 European airports in 46 countries, said in a statement.

It appears to me that the airlines are saying “We believe in safety up until the point that governments stop us from making money because it would not be safe.”

What’s the big deal with all of this? Well, this from Boeing might help explain things:

In the past 30 years, more than 90 jet-powered commercial airplanes have encountered clouds of volcanic ash and suffered damage as a result.

So there is a historical record available explaining the affects. Verifiable evidence of the safety problems encountered.

Significant ash encounters from the past include those involving such well-known volcanoes as Mt. Pinatubo, Mt. Redoubt, and Mt. St. Helens. The airplanes that encountered volcanic ash during these events and in the other events listed chronologically experienced varying degrees of damage.

Fairly well known eruptions in that little group…

Justice May Be Blind, But She Still Must See

By: Rayne Sunday April 18, 2010 5:00 pm

Albert Einstein once said, “A problem cannot be solved from the same state of consciousness which created it.” I offer an addendum: a problem may not be seen by the same state of consciousness which created it. Let’s ensure the Supreme Court can actually see the problems which are presented before it.

The Timeline of Torture Tape Destruction in Special Prosecutor Durham’s Documents

By: emptywheel Sunday April 18, 2010 4:00 pm

While the timeline prepared here doesn’t show us everything special prosecutor John Durham is looking at (presumably, there are a number of documents that are too sensitive to release), looking at the documents from this perspective gives us a sense of what Durham is investigating with regard to the destruction of videotapes believed to document torture.

FDL Book Salon Welcomes Naomi Cahn and June Carbone, Red Families v. Blue Families: Legal Polarization and the Creation of Culture

By: Jeremy Smith Sunday April 18, 2010 2:00 pm

Now, the empirical evidence is mounting that, at the very least, there is a strong correlation between family type and political identity. In Red Families v. Blue Families: Legal Polarization and the Creation of Culture, law professors Naomi Cahn and June Carbone makes a very compelling, research-tested case for the idea that the kind of family you’re in is tightly linked to where you live, how much education you have, what you do for work, how much money you make–and how you vote come election time.

According to Cahn and Carbone, the “Red Family Paradigm” emphasizes “the unity of sex, marriage, and procreation” and is defined by early marriage and parenthood (not necessarily in that order, as shotgun marriages are more commons in red states), less education, and more hierarchical family relationships. The first chapters of the book are dedicated to showing how this way of family is rooted in states and areas that voted Republican in recent elections—and how the states that voted Democratic are defined by another, newer family model “geared for the post-industrial economy.” This “Blue Family Paradigm” is urban, educated, and egalitarian. Crucially, Cahn and Carbone find both men and women will tend to delay parenthood until they both feel a degree of emotional and financial independence, which in the twenty-first century has translated in more income and wealth as well as better outcomes for children.

Goldman Sachs: Killing Their Own Brand?

By: Cynthia Kouril Sunday April 18, 2010 1:15 pm

I don’t understand it. Why would they do it? Oh, I know that Goldman Sachs made a lot of money working both sides of the deal selling short on a synthetic CDO that it created with direct input of the customer who wanted to take the short position (bet against the CDO).

Scott Brown Too Much for Bob Schieffer and Kathleen Parker

By: Scarecrow Sunday April 18, 2010 12:30 pm

Just before Scott Brown won election to be my Senator, political pundits praised Brown for running a smart, effective campaign. It’s now clear that what they meant was that the man could talk effectively out of both sides of his mouth and bamboozle your typical Talking Heads interviewer.

Rick Perry’s Hysterical Revisionism, and the Sorry State of the Republican Party

By: Blue Texan Sunday April 18, 2010 11:30 am

It’s impossible to have a meaningful, productive debate between two parties if they first can’t agree on a basic framework of facts. For instance, if you think the US already has The Greatest Health Care System in the World, it’s unlikely that you will offer too many helpful ideas that address the question, “How do we reform health care?” That’s why when you read this Newsweek interview with the Secessionist, you realize that there’s simply no such thing as a “bipartisan compromise” possible with the current Republican Party.

The SEC Begs to Differ with Lloyd Blankfein’s Explanation

By: masaccio Sunday April 18, 2010 10:30 am

Lloyd Blankfein says that Goldman Sachs was just a market maker, trying to accommodate its customers. The SEC says it tried to accommodate some more than others.

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