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A jail built on a landfill is at the center of America’s coronavirus outbreak

New York City is the epicenter of the country’s COVID-19 outbreak — and perhaps nowhere is that outbreak more dangerous than in the city’s most notorious jail complex: Rikers Island.

As of Tuesday morning, across the city 287 inmates (most of them at Rikers) and 406 corrections department staff members had already tested positive for COVID-19. On Sunday, the New York Times reported the first coronavirus death of a Rikers Island inmate. Recent news reports have indicated that inmates at Rikers lack even the luxury of basic precautions such as hand-washing (due to reported shortages of soap) and social distancing, which advocates and former inmates say is impossible to practice in the cramped facility.

Rikers Island, built on a landfill and surrounded by polluting infrastructure, has long suffered hazardous environmental conditions like extreme summer heat, flooding, and noxious pollution. These hazards exemplify the facility’s unpreparedness for a public health crisis like the novel coronavirus — and may have primed its inmates and staff to be especially vulnerable to the most severe effects of COVID-19.

Vidal Guzman remembers these hazards well. He was arrested twice as a teenager and spent a combined three years incarcerated on Rikers Island, awaiting trial.

“Living in Rikers means understanding not to drink the water, understanding how to be careful when rats and rodents are running around,” Guzman told Grist. “Having a rule to stay six feet away from each other for protection against the coronavirus — that is impossible in Rikers.”

Guzman, now 28, ultimately served five years in a state prison before going on to become the outreach and engagement organizer for Just Leadership USA, an organization that advocates for criminal justice reform. He recalls the “crazy rotten egg smell” that lingered at Rikers. The foul odor came from the landfill buried underneath the facility, which releases methane as the garbage decomposes over time and degrades the island’s air quality. The Poletti power plant, which was known as the biggest polluter in the Empire State before it closed in 2010, sat within a mile of Rikers when Guzman arrived there.

“Being around people who were young and with asthma — I saw them having problems with their breathing,” Guzman said. “There were individuals on Rikers who were saying things like, ‘I got asthma, I can’t breathe.’ And the elders are saying, ‘Well, you can’t breathe because the ground we’re standing on is built on landfill.’”

“That’s when I started to put things together,” Guzman remembered.

Vidal Guzman pictured on Rikers Island during a land use review process in 2019. Courtesy of Vidal Guzman.

More than 10,000 people are normally incarcerated on the island at any given time. Roughly 90 percent of them are people of color, and 67 percent have not been convicted of a crime and are simply awaiting trial. Though the inmate population is currently around 5,000, the crowded shared spaces present unique challenges for social distancing. Guzman described beds that are only two to three feet apart in the dormitory housing units, an arrangement that appears to persist even as the facility faces down a pandemic. According to the New York City Department of Correction website, officials are attempting to ensure there is an empty bed in between inmates “where possible.”

“We are following the Department of Health and Mental Hygiene guidance to identify any individuals with whom patients had close contact,” the department told Grist in an email. “The health and well-being of our personnel and people in custody is our top priority.”

Public defenders and criminal justice reform advocates have been demanding the release of all inmates with preexisting medical conditions, anyone jailed for parole violations, and the elderly. The government response has been painstakingly slow, advocates say. Hundreds of inmates are now being held in isolation or in quarantined groups after being exposed to someone who tested positive. New York City Mayor Bill de Blasio recently boasted that 900 inmates had been released from the city jail system, bringing the inmate population to the lowest it has been since 1949.

Last Tuesday, New York Governor Andrew Cuomo quietly introduced changes to the state budget’s legislative text that would completely overhaul the Empire State’s recent criminal justice reform, which has only been in effect for three months. The new provisions, which the state legislature voted to pass days later, would expand pretrial detention powers. Advocates fear that the new changes could exacerbate the coronavirus outbreak.

“As someone who was incarcerated and had $25,000 bail at 16 years old, I am very disappointed,” Guzman told Grist. “The new reform would undermine the presumption of innocence, dramatically increase jail populations across the state, and exacerbate racial disparities.”

Governor Cuomo’s office did not respond to a request for comment before publication.

After seven years of incarceration, Guzman returned home at 24 and has been working and organizing with a campaign to close the Rikers Island facilities and improve conditions within the New York City jail system. In 2019, the New York City Council approved an ambitious $8 billion plan to shutter the jail complex by 2026. Queens Councilmember Costa Constantinides, who represents Rikers Island and is the chair of the City Council’s Environmental Protection Committee, has long advocated to transform the 413-acre island into a renewable energy hub. To make that vision a reality, he introduced the Renewable Rikers Act alongside other lawmakers last June.

The Renewable Rikers Act would hand over control of the island from the Department of Correction to the Department of Environmental Protection. It would also invest in studies to determine if the island could be home to a wastewater treatment plant and explore the feasibility of building renewable energy sources such as solar panels and battery storage facilities on the island.

For now, however, advocates and medical professionals are focused on getting the city’s thousands of inmates and jail staff through the pandemic alive.

“The most important part, being in a pandemic right now, is staying in touch with our family members, especially the black and brown communities who are feeling the most of this,” Guzman said. “I’m gonna tell you straight up: I’m in fear of what’s next.”

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A jail built on a landfill is at the center of America’s coronavirus outbreak

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You Thought 2016 Was Intense? Watch This Exclusive Clip of the Gore Vidal vs. William F. Buckley Brawl

Mother Jones

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Best of Enemies co-director Robert Gordon confessed to me a while back that his biggest fear was that “people won’t go see this movie because they think it’s going to be boring.” It isn’t. The documentary—which premieres October 3 at 10 p.m. on PBS (Independent Lens)—chronicles the often fiery debates between William F. Buckley Jr. and Gore Vidal that ABC aired during the 1968 election cycle in an effort to boost ratings. “It sounds like a dry documentary because people forget how witty these two guys are,” Gordon told me.

Gordon and co-director Morgan Neville—whose Twenty Feet From Stardom won the 2014 Oscar for best documentary—skillfully weave archival footage together with interviews with the likes of Christopher Hitchens, Brooke Gladstone, Dick Cavett, and Buckley’s brother Neil. The movie climaxes during one of the duo’s final debates at the Democratic National Convention in Chicago where, while discussing Vietnam War protesters, Vidal calls Buckley a “crypto-Nazi.” The latter’s response, which could even make Donald Trump blush, was perhaps the first viral sound bite in modern media history. “Now listen, you queer,” Buckley retorted, twitching with anger. “Quit calling me a crypto-Nazi or I’ll sock you in the goddamn face and you’ll stay plastered.”

Indeed, the televised verbal brawls between these two brilliant intellectuals anticipated the culture wars that would define, for decades to come, America’s political struggles—and how the media would cover them. I sat down with Gordon in San Francisco not long ago to chat about the de-evolution of our political discourse and the challenge of making a film about conversations that took place decades ago.

Mother Jones: How did this project come to pass?

Robert Gordon: In 2010, a friend of mine acquired a bootleg DVD of the debates and shared it with me, and I was like, “Oh my God, this is today’s culture wars expressed by these two guys.” As a documentarian, you are always looking for that cache of film you can use to build a movie from; there was 2.5 hours of raw debate. It seemed so relevant to the division in the country that I just thought, “Let’s get on this immediately.”

MJ: Had you worked with Morgan Neville before?

RG: This is our fifth film together. Between the fourth and fifth, he made 20 Feet From Stardom and got the Academy Award. I called him up and said, “Way to go Morgan! You’re really putting the pressure on us now.” But it’s a big help having that accolade. People who don’t know us are more willing to trust us; it’s the stamp of legitimacy.

MJ: Was it challenging to get backers on board with such an unconventional documentary subject?

RG: Yes, it took a while. Most said to us, “This is all very interesting, but why do you see it as relevant today?” And since the movie has been made, the response has been, “I can’t believe how relevant to today this footage is.”

Gore Vidal (front) and William F. Buckley get primped for their clash. Independent Lens

MJ: Most of your past work has involved music. What made you want to stray from that subject?

RG: Most everything I’ve done has been about music, but music as a way to talk about bigger social issues, bigger cultural moments or movements. I don’t see it as that big of a leap. The debates are the operatic vignettes that recur, and it’s quite musical to me. The important thing to me is that my documentaries are about changes in America, and so is this.

MJ: It was quite a year, 1968. How did you decide what historical and cultural context to include?

RG: There were cultural touchstones that have been investigated over and over and over, and we didn’t want to redo those. And there are a lot of them to work with. I mean ’68, like you said, it’s rife with material, with cultural disagreement, violence, internationally—it’s all there. But we wanted to focus on our guys and what they stood for and where those changes occurred in relation to them.

MJ: But you did incorporate some major historical events into the film, like the riots outside of the DNC in Chicago.

RG: Yeah, totally, but only because it was there. It felt like the fighting on the street was being played out by these two guys in front of the glare of the national TV camera.

MJ: Was there anything that surprised you while researching these two men?

RG: I was surprised at the vigor with which Vidal pursued Buckley and his other enemies. Vidal seemed to thrive on animosity and on feuding, and at the same time could be very charming. You see him on Dick Cavett, and there’s a certain charm to him, you like to watch him, you like to see him talk, and I thought, “Well, surely this ‘man of ice’ was a put-on.” But then you read things like his obituary on Buckley, and, you know, he is a man of ice.

MJ: So did you feel like you had to hold back your own opinions about Vidal and Buckley?

RG: The film wasn’t about our personal views and our personal politics. That would have undermined the film’s potential. One of the interesting things I learned in the course of it was Buckley, whose politics I tend not to agree with, was strong enough to publicly change his mind on the Iraq War. He had come out very for it when it began, and over time, when he learned more about it, he changed. And that’s a brave position for someone in his situation. I think it’s very honorable and admirable.

MJ: There is that moment after the famous blowup between Buckley and Vidal when you pan through all the interviewees in the documentary sitting in shocked silence. And then Dick Cavett goes, “The network nearly shat.” Were those really these people’s reactions?

RG: That’s taking liberty in the editing room, is what it is. It was Cavett’s response that suggests that those were their real responses, because I asked Cavett about it and you see him turn and think, and he has a long silence, and then he gives that very funny answer, and we thought, “Wow, what if we extend that silence? Because that’s kind of musical in a way.” And we tested it and it was like, “Ohhh, this is funny.” And it never hurts to be funny.

The showdown Independent Lens

MJ: Yeah, the film has a lot of funny moments; Vidal and Buckley are very entertaining to watch.

RG: These guy were so smart, and they had a command of so many things: history, philosophy, economics, and, people forget, of humor as well. They were smart, witty guys.

MJ: I was struck by how intellectual their rhetoric was. It seems ironic that these debates helped inspire the trashy political debate we now see on cable.

RG: Yes, TV is pursued for the lowest common denominator. Networks, which had been civil to a fault up to that point in time, have worked themselves up to the point where all they are is a series of Roman candle explosions. The reason that the audience built for Buckley and Vidal is that, in addition to their cattiness, they were offering a lot of ideas and a lot of exchange, and they were humorous, too. It wasn’t just that explosive moment that made this what it was. But TV today seems to want to have you come back from a commercial and go right into a fight turned up to 10, and three minutes later go into a commercial—and that’s success! People have been introducing the show in theaters as “delicious,” and I think that suggests an appetite for more integrity on television; more intellectual exchange, less vacuous shouting.

MJ: Yeah, I mean, it’s hard to imagine someone citing Pericles on network TV now!

RG: Yeah, I watched the Vidal-Buckley debates with a dictionary the first few times because I wanted to learn the words, and they were saying things I didn’t know, and what did it mean, and why were they choosing those words, and whom were they quoting? Wouldn’t you like to watch a half an hour of political TV and then take your notes and go look up what they were talking about? You glean what you need to glean, and then afterward you can take home more—it’s a prize that comes in the box!

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You Thought 2016 Was Intense? Watch This Exclusive Clip of the Gore Vidal vs. William F. Buckley Brawl

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Conservatives Crippled Obama’s Plan to Help Undocumented Families. This Could Save It.

Mother Jones

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When a district judge single-handedly blocked President Barack Obama’s executive actions on immigration last year, the situation looked bleak for millions of immigrants across the country who faced deportation. Now, a new lawsuit seeks to challenge that judge’s decision.

Obama’s immigration actions, announced in November 2014, would have shielded up to 5 million undocumented immigrants from deportation, including parents of US citizens and green card holders, and granted them temporary work authorization. The orders also would have expanded a similar program for young undocumented immigrants who came to the United States as children.

But last year, after 26 states challenged the executive actions in court, a district judge in Texas issued an injunction blocking their implementation across the country. The case made it all the way to the Supreme Court, whose justices remained deadlocked and failed to issue a ruling, which meant Obama’s immigration programs remained blocked and families could not use them to apply for relief from deportation.

In the new lawsuit, filed Thursday in a federal court in New York, lawyers from three immigrant rights groups argue that the Texas judge lacked the authority to suspend Obama’s new programs nationwide, including in states that were not party to the Texas lawsuit because they did not want to suspend the programs. “There’s no reason the injunction from Texas should block progress in New York and similar states,” Javier H. Valdes, co-executive director of Make the Road New York, said in a statement announcing the lawsuit.

The suit was filed on behalf of Martín Batalla Vidal, an undocumented 25-year-old medical student in New York who came to the United States illegally from Mexico when he was seven years old. In February 2015, Batalla Vidal received three years of work authorization under a program, called Deferred Action for Childhood Arrivals, that had been expanded by Obama’s executive actions. But because the Texas judge issued the injunction, Batalla Vidal’s work authorization was reduced to two years—the maximum period allowed by the DACA before Obama expanded it. The lawsuit argues that the injunction should not apply to residents in New York, a state that was never a party to the Texas lawsuit and that falls outside the jurisdiction of the district court in Texas. If the New York judge agrees, it could affect not only immigrants like Batalla Vidal who are applying to the DACA program, but also undocumented parents who are applying for relief under a different program.

“It’s hard to know at this early juncture what this lawsuit will achieve,” said Melissa Crow, legal director at American Immigration Council, a pro-immigration nonprofit in Washington, DC. “But the nationwide scope of the injunction…is way beyond the court’s jurisdiction.”

Batalla Vidal’s lawyers say the injunction has affected the academic and professional goals of thousands of immigrants across the country. “When I first filed for DACA, I was excited to get a three-year work permit and move forward with my life,” said Batalla Vidal. “That was taken away by one judge in Texas…I’m filing this lawsuit for myself and the thousands of others like me who have been wronged by this judge’s decision.”

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Conservatives Crippled Obama’s Plan to Help Undocumented Families. This Could Save It.

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