Brickbat: Frozen Out

hongkongprotests_1161x653

Chinese officials raided the Good Neighbor North District Church in Hong Kong, arresting two people. The pastor, Roy Chan, was out of the country with his wife, but he found that his bank account as well as those of his wife and the church had been frozen. He and his wife have been charged with money laundering and fraud, with the Chinese government accusing him of under-reporting church donations. He denies those charges and says the government is retaliating against him for his efforts to protect pro-democracy protesters earlier this year, when he and other elderly church members would place themselves between protesters and police in an effort to keep the police from beating the protesters.

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Brickbat: Frozen Out

hongkongprotests_1161x653

Chinese officials raided the Good Neighbor North District Church in Hong Kong, arresting two people. The pastor, Roy Chan, was out of the country with his wife, but he found that his bank account as well as those of his wife and the church had been frozen. He and his wife have been charged with money laundering and fraud, with the Chinese government accusing him of under-reporting church donations. He denies those charges and says the government is retaliating against him for his efforts to protect pro-democracy protesters earlier this year, when he and other elderly church members would place themselves between protesters and police in an effort to keep the police from beating the protesters.

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In a Last-Minute Reversal, HHS Voids FDA Fees on Distillers Who Produced Emergency Hand Sanitizer

calwise

It’s been a whirlwind 24 hours for American craft distillers, but 2020 is ending with some good news: Thanks to media coverage, including here at Reason, of an unexpected and substantial fee imposed by the Food and Drug Administration (FDA) on distillers who pivoted to produce much-needed hand sanitizer, the federal government has reversed course on what would have been a devastating blow to small businesses.

In the early days of the COVID-19 pandemic, many distillers shifted their production from spirits to hand sanitizer, complying with emergency guidance from the FDA. Much of this sanitizer was donated or sold at a low margin, helping to alleviate a dire shortage. These same distilleries were surprised this week by a notice from the FDA informing them that they were required to pay a fee of more than $14,000 as over-the-counter drug production facilities to cover the costs of FDA regulation. 

Late today, however, the Department of Health and Human Services (HHS) reversed the policy. In a statement posted to Twitter, HHS Chief of Staff Brian Harrison said, “Small businesses who stepped up to fight COVID-19 should be applauded by their government, not taxed for doing so. I’m pleased to announce we have directed FDA to cease enforcement of these arbitrary, surprise user fees. Happy New Year, distilleries, and cheers to you for helping keep us safe!”

In a longer statement, HHS leadership distanced itself from the initial policy: “This action was not cleared by HHS leadership, who only learned of it through media reports late yesterday. HHS leadership convened an emergency meeting late last night to discuss the matter and requested an immediate legal review. The HHS Office of the General Counsel (OGC) has reviewed the matter and determined that the manner in which the fees were announced and issued has the force and effect of a legislative rule. Only the HHS Secretary has the authority to issue legislative rules, and he would never have authorized such an action during a time in which the Department is maximizing its regulatory flexibility to empower Americans to confront and defeat COVID-19.”

The statement continued: “Because HHS OGC has determined the notice is really a legislative rule and that no one at FDA has been delegated authority to issue such a rule, the notice is void. HHS leadership, based on this legal opinion, has ordered the Federal Register Notice to be withdrawn from the Federal Register, meaning these surprise user fees will not need to be paid.”

The news was greeted with relief by the craft distilling community. “I am immensely appreciative of the outreach and quick action of HHS leadership, especially Chief of Staff Brian Harrison,” says Becky Harris, president of the American Craft Spirits Association (ACSA) and of Catoctin Creek Distilling Company in Purcellville, Virginia. “The American Craft Spirits Association team and distillers around the country have been immensely helped by the outreach from the media, legislators, and our customers expressing their shock and disappointment at this notice, and helping us get the ear of people within the federal government in a position to help. This New Year’s Eve I am raising a glass in gratitude, relief, and toasting the prospect of a better 2021.”

Aaron Bergh of Calwise Spirits Co. in Paso Robles, California, struck a similar note. “The FDA’s announcement at the beginning of this week was set to wipe out our holiday-season profit,” he says, relieved. But “there are still some concerns that remain,” such as whether distilleries will be charged if they continue making sanitizer in 2021.

Nonetheless, he’s grateful for the outcome. “Thanks to speaking out and fighting the power, we’ve found ourselves the recipients of a New Year’s miracle.…Thank you to all who stood up for us—our voices were clearly heard.”

At the end of a rotten year, at least we can toast to the fact that, in this one instance, the federal government fixed a mistake before it was too late.

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In a Last-Minute Reversal, HHS Voids FDA Fees on Distillers Who Produced Emergency Hand Sanitizer

calwise

It’s been a whirlwind 24 hours for American craft distillers, but 2020 is ending with some good news: Thanks to media coverage, including here at Reason, of an unexpected and substantial fee imposed by the Food and Drug Administration (FDA) on distillers who pivoted to produce much-needed hand sanitizer, the federal government has reversed course on what would have been a devastating blow to small businesses.

In the early days of the COVID-19 pandemic, many distillers shifted their production from spirits to hand sanitizer, complying with emergency guidance from the FDA. Much of this sanitizer was donated or sold at a low margin, helping to alleviate a dire shortage. These same distilleries were surprised this week by a notice from the FDA informing them that they were required to pay a fee of more than $14,000 as over-the-counter drug production facilities to cover the costs of FDA regulation. 

Late today, however, the Department of Health and Human Services (HHS) reversed the policy. In a statement posted to Twitter, HHS Chief of Staff Brian Harrison said, “Small businesses who stepped up to fight COVID-19 should be applauded by their government, not taxed for doing so. I’m pleased to announce we have directed FDA to cease enforcement of these arbitrary, surprise user fees. Happy New Year, distilleries, and cheers to you for helping keep us safe!”

In a longer statement, HHS leadership distanced itself from the initial policy: “This action was not cleared by HHS leadership, who only learned of it through media reports late yesterday. HHS leadership convened an emergency meeting late last night to discuss the matter and requested an immediate legal review. The HHS Office of the General Counsel (OGC) has reviewed the matter and determined that the manner in which the fees were announced and issued has the force and effect of a legislative rule. Only the HHS Secretary has the authority to issue legislative rules, and he would never have authorized such an action during a time in which the Department is maximizing its regulatory flexibility to empower Americans to confront and defeat COVID-19.”

The statement continued: “Because HHS OGC has determined the notice is really a legislative rule and that no one at FDA has been delegated authority to issue such a rule, the notice is void. HHS leadership, based on this legal opinion, has ordered the Federal Register Notice to be withdrawn from the Federal Register, meaning these surprise user fees will not need to be paid.”

The news was greeted with relief by the craft distilling community. “I am immensely appreciative of the outreach and quick action of HHS leadership, especially Chief of Staff Brian Harrison,” says Becky Harris, president of the American Craft Spirits Association (ACSA) and of Catoctin Creek Distilling Company in Purcellville, Virginia. “The American Craft Spirits Association team and distillers around the country have been immensely helped by the outreach from the media, legislators, and our customers expressing their shock and disappointment at this notice, and helping us get the ear of people within the federal government in a position to help. This New Year’s Eve I am raising a glass in gratitude, relief, and toasting the prospect of a better 2021.”

Aaron Bergh of Calwise Spirits Co. in Paso Robles, California, struck a similar note. “The FDA’s announcement at the beginning of this week was set to wipe out our holiday-season profit,” he says, relieved. But “there are still some concerns that remain,” such as whether distilleries will be charged if they continue making sanitizer in 2021.

Nonetheless, he’s grateful for the outcome. “Thanks to speaking out and fighting the power, we’ve found ourselves the recipients of a New Year’s miracle.…Thank you to all who stood up for us—our voices were clearly heard.”

At the end of a rotten year, at least we can toast to the fact that, in this one instance, the federal government fixed a mistake before it was too late.

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L.A.’s Reformist D.A. Promised To Eliminate Hate Crime Enhancements—Until Progressive Activists Gave Him a Call

Webp.net-resizeimage (15)

Newly minted Los Angeles District Attorney George Gascón isn’t making many friends in L.A. The reformist prosecutor came into office promising to stop prosecuting low-level misdemeanors, to end cash bail, to cease using the death penalty, and to eliminate sentencing enhancements.

To no one’s surprise, that to-do list drew conservatives’ ire. But the last item on the list also angered some progressives, because it included a pledge to stop upping punishments for alleged hate crimes.

That objection has carried the day. After chatting with some LGBT activists on December 17, the new D.A. has decided to “allow enhanced sentences in cases involving the most vulnerable victims and in specified extraordinary circumstances.” Those circumstances “shall be narrowly construed,” he added. In other words, sentencing enhancements are generally off the table, except when it comes to crimes that the government has deemed particularly hateful.

The irony there is rich. It is progressives who have made criminal justice one of their primary goals, seeking to curtail the carceral state. The U.S. locks people up at higher rates than any other nation in the world, they say, and the system discriminates against people of color. On both points, they are correct.

But when it comes to those who are accused of acting with a particular sort of hate, progressive reformists often pivot to a new target, and that target is the very sort of change they would fight for in virtually any other circumstance.

Calls for criminal justice reform have intensified since the May death of George Floyd, but hate-crime enhancements have historically been immune to such debates. Indeed, some officials have even invoked those calls for reform when handing out enhanced sentences. Two people in Martinez, California, for example, face hate crime charges for painting over a Black Lives Matter street mural in July; Contra Costa County District Attorney Diana Becton explained her decision by calling Black Lives Matter “an important civil rights cause that deserves all of our attention.”

Such a statement encapsulates the problem with hate crimes. An offense, no matter how petty, can receive a more punitive punishment—the exact thing reformers say they oppose—based entirely on subjective ideology. Which ideologies get penalized depends on which ideologies are in power: In Alabama, Republicans this year added police officers to the list of protected classes under hate crime legislation.

“What we probably should have calibrated better is sort of how deeply [the new directive] would be felt by our supporters, by our allies, our [prosecutors],” Joseph Iniguez, the interim chief deputy D.A., told Los Angeles Magazine. “And it wasn’t that we didn’t think about the community—but we were trying to approach it from a place of, ‘Let’s just not use this tool because for the most part, the way it’s used is disproportionate against people of color.'”

According to the most recent data from the FBI, at least 24 percent of the country’s hate crime offenders are black. Since blacks make up 13 percent of the population, such enhancements are, in fact, used disproportionately against people of color. But even if they weren’t, you aren’t really taking a stance against mass incarceration if you only oppose it for certain races. And you certainly aren’t taking a stance against mass incarceration if you get more carceral for certain crimes.

Gascón’s “whole goal was to end mass incarceration,” Iniguez said. “It still is, by the way.” Is it?

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L.A.’s Reformist D.A. Promised To Eliminate Hate Crime Enhancements—Until Progressive Activists Gave Him a Call

Webp.net-resizeimage (15)

Newly minted Los Angeles District Attorney George Gascón isn’t making many friends in L.A. The reformist prosecutor came into office promising to stop prosecuting low-level misdemeanors, to end cash bail, to cease using the death penalty, and to eliminate sentencing enhancements.

To no one’s surprise, that to-do list drew conservatives’ ire. But the last item on the list also angered some progressives, because it included a pledge to stop upping punishments for alleged hate crimes.

That objection has carried the day. After chatting with some LGBT activists on December 17, the new D.A. has decided to “allow enhanced sentences in cases involving the most vulnerable victims and in specified extraordinary circumstances.” Those circumstances “shall be narrowly construed,” he added. In other words, sentencing enhancements are generally off the table, except when it comes to crimes that the government has deemed particularly hateful.

The irony there is rich. It is progressives who have made criminal justice one of their primary goals, seeking to curtail the carceral state. The U.S. locks people up at higher rates than any other nation in the world, they say, and the system discriminates against people of color. On both points, they are correct.

But when it comes to those who are accused of acting with a particular sort of hate, progressive reformists often pivot to a new target, and that target is the very sort of change they would fight for in virtually any other circumstance.

Calls for criminal justice reform have intensified since the May death of George Floyd, but hate-crime enhancements have historically been immune to such debates. Indeed, some officials have even invoked those calls for reform when handing out enhanced sentences. Two people in Martinez, California, for example, face hate crime charges for painting over a Black Lives Matter street mural in July; Contra Costa County District Attorney Diana Becton explained her decision by calling Black Lives Matter “an important civil rights cause that deserves all of our attention.”

Such a statement encapsulates the problem with hate crimes. An offense, no matter how petty, can receive a more punitive punishment—the exact thing reformers say they oppose—based entirely on subjective ideology. Which ideologies get penalized depends on which ideologies are in power: In Alabama, Republicans this year added police officers to the list of protected classes under hate crime legislation.

“What we probably should have calibrated better is sort of how deeply [the new directive] would be felt by our supporters, by our allies, our [prosecutors],” Joseph Iniguez, the interim chief deputy D.A., told Los Angeles Magazine. “And it wasn’t that we didn’t think about the community—but we were trying to approach it from a place of, ‘Let’s just not use this tool because for the most part, the way it’s used is disproportionate against people of color.'”

According to the most recent data from the FBI, at least 24 percent of the country’s hate crime offenders are black. Since blacks make up 13 percent of the population, such enhancements are, in fact, used disproportionately against people of color. But even if they weren’t, you aren’t really taking a stance against mass incarceration if you only oppose it for certain races. And you certainly aren’t taking a stance against mass incarceration if you get more carceral for certain crimes.

Gascón’s “whole goal was to end mass incarceration,” Iniguez said. “It still is, by the way.” Is it?

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Victim-Blaming During a Pandemic Doesn’t Make People Safer

LukeLetlow

I don’t remember what grade I was in—maybe late 10th or early 11th?—but I can recall with photorealistic clarity the time my Dad came into my bedroom (a rare enough occurrence) to listen to me bitch and moan about having persistent enough acne that I was desperate to try a frightfully powerful skin-sucking drug called Accutane.

“Well,” he said, shaking his head with a sympathetic but judgmental wince. “You really gotta lay off those chocolates.”

Research into the folkloric zit/candy connection was as inconclusive in the mid-1980s as it is in 2020. But the most relevant contemporaneous detail was that I didn’t freaking eat chocolates, aside from the odd In-N-Out milkshake. Bad enough that a parent doesn’t know his kid’s preferences; considerably worse to affix blame for an all-too-common teenage malady on the presumedly subpar behaviors by said pizza-face.

I can’t stop thinking about that scene (and the slow-burning resentment it provoked), when observing the way that so many people continue to respond to positive cases of COVID-19.

“Letlow’s death is tragic,” Vox journalist Aaron Rupar tweeted late Tuesday, in response to the news that Rep.-elect Luke Letlow (R–La.) had perished at age 41 after contracting COVID-19. “It was also avoidable. It shouldn’t take tragedies for policymakers to treat the coronavirus pandemic with the seriousness it deserves.”

The evidence Rupar provided for Letlow’s alleged unseriousness was his October comment that “while we’ve been cautious and I think both the state and federal level have taken numerous precautions for COVID-19, we’re now at a place if we do not open our economy we’re in real danger.” Follow-up sleuthing produced pictures of the politician interacting with human beings without wearing a mask. Look, sometimes the skirt is too short, mmkay?

As National Review‘s Kyle Smith pointed out, “In no other health circumstance would such brutality toward the afflicted be tolerated. We do not deem individuals who become sick by engaging in known ‘risky behaviors’—unsafe sex, abuse of alcohol, drug use, poor diet, smoking, dangerous driving—as deserving of pain and misery….[M]ocking and haranguing those who become sick or die due to COVID-19, a novel virus from which we cannot possibly shield ourselves entirely, is unconscionable.”

There is an all-too-familiar gracelessness in politicized conversations about the coronavirus. It’s not enough to merely disagree with Florida Gov. Ron DeSantis’ approach to COVID; you have to accuse him of “putting politics in front of lives.” (For an eye-opening comparison between the disparate media treatment of DeSantis and New York Gov. Andrew Cuomo, check out this Twitter thread.) In the other direction, some anti-lockdown politicians and commentators routinely accuse Democratic mayors and governors of consciously preferencing “power and control” over public safety.

As with far too many public policy disputes (over climate change, criminal justice, health care, etc.), it is not enough to merely observe that the opposing team has different ideas about how best to address a problem. No, the bad guys are either intentionally trying to make things worse or just too blinkered to admit there’s a problem in the first place. The more partisan you are, the more likely you feel surrounded by murderers and denialists.

Rutgers professors Jacob Hale Russell and Dennis Patterson argue in a recent essay for the medical-science website Stat that there is, in fact, “no epidemic of pandemic denial”:

Americans overwhelmingly aren’t in denial: They believe the threat of Covid-19 is real, they are reasonably good at identifying medical misinformation, and they are largely complying with public health recommendations. Compared to their peers in Europe, Americans are more willing to get vaccinated against Covid-19, similarly likely to wear masks, and no more prone to believe common conspiracy theories about the pandemic’s origins.

The U.S.’s response to Covid-19 has been bungled in many respects, but widespread public denial doesn’t explain why.

Insisting on such mass delusion, Russell and Patterson maintain, comes at a cost: “It’s corrosive for at least three reasons. First, it needlessly alienates the interested public with false accusations. Second, by conflating reasonable dissent with unreasonable misinformation, it stifles debate, even about issues that genuinely warrant discussion. Third, the myth of denial deflects blame from the policy failures of politicians, who use it to claim they’ve done all they could, leaving only the denialists (and cheesecake eaters) to blame.”

The impulse to turn COVID policy into a political morality play, observable on a daily basis in allegedly straight news outlets, has the perverse effect of focusing attention on government choices that are comparatively trivial in impact. Putting a villainous face on either a lockdown or a reopening apparently provides more of an adrenaline jolt than the boring yet absolutely vital stuff of de-clogging bureaucratic backlogs at the Food and Drug Administration.

Paradoxically, those most likely to wield blame against individuals and regions suffering from coronavirus tend to be far more sure in their judgments—and reliant on the mantra follow the science—than the people who spend their days actually compiling the messy data about this deadly virus. The anonymous author of the Marginally Compelling newsletter, which painstakingly assembles COVID research by region, had an interesting Twitter thread Thursday in response to the aforementioned DeSantis/Cuomo comparison.

“I’m fascinated with how wedded the press continues to be to the idea that COVID numbers MUST be driven by policy decisions,” he wrote. “They constantly say that numbers are rising in red states DUE TO those states not taking it seriously[.] Let me be as frank as I can here: There is no solid evidence that state policy choices protect a region from a COVID surge[.] None[.] To the degree that they can be controlled (which is not very high, but does seem to exist) the most impactful variable seems to be social patterns.” And those “are not controllable by the government.”

He continued: “Yet the press continues to *demand* that COVID numbers are a direct result of state policy…but only when it fits the insanely crude rubric of ‘red is bad, blue is good’. They are proffering an absolute fiction as if it was obviously true. And the insane thing (to me) is their confidence in this. They clearly believe this to be true when it is *obviously* untrue to anyone who has tried to weigh this idea against the data. They *clearly* have no idea what they are talking about but the speak as if they are experts.”

Another, more influential COVID data-gatherer, economist Emily Oster, warned this week that the coronavirus blame game might tangibly suppress the prevalence of testing:

Whether we recognize it or not, there is a lot of shaming people for getting COVID, and a lot of shaming of any location known to be a place where COVID was spread. The goal of this type of shaming seems to be to encourage better behavior—do well, and you wont get COVID and be shamed.

There is an element of truth here. Clearly, there are more and less safe ways to behave and more and less safe ways to run your business/school/long term care facility/etc. But there is also a huge element of chance.

COVID is a contagious disease. You can get it even if you do everything “right”. And you might not get it even if you do things which are really unsafe. It’s possible for a restaurant to take all the right precautions to lower the COVID risk and still have a transmission occur; similarly, they can do nothing and avoid it.

There is a fine line between discouraging risky behavior and shaming people who get COVID-19. And when we cross the line to shaming, it’s not likely to be productive.

For one thing, shaming people is not usually an effective way to get them to do things. For another, in this case shaming discourages testing. Imagine you come upon a pop-up testing site in the mall while shopping for pants. No line! Public health is served by your testing. In the unlikely event you do have COVID, we want to know. You can isolate at home and take the virus out of circulation, possibly avoiding passing it to the cashier at Old Navy.

We want people to test. But if they know they’ll be shamed if they do have it, they’re going to be a lot less likely to do so.

Look, I get it: 2020 has sucked. Emotions are raw. Morgues are full. I am infuriated on a daily basis by the policy choices made by politicians around me. It’s OK to be mad, and sad.

But it’s also OK—more than just OK, human, necessary—to extend condition-free sympathy and kindness to those who get sick. To admit, even happily, that there are limits to our knowledge, that we will likely be wrong, that pandemic policymaking is devilishly hard.

“While one may glean fleeting satisfaction by blaming others for the pain and uncertainty we’re all experiencing, the scars from the scolds will persist long after the pandemic is blessedly behind us,” Kyle Smith wrote. “Instead, we should all try to be kinder and more gracious toward each other. Most people are doing the absolute best they can, often making incredibly tough decisions amid extraordinarily difficult circumstances. Nearly everyone knows the coronavirus is a threat they must take seriously. No one wants people to get sick and die, and it’s time to stop acting as if they do.”

Or as Oster said more pithily, “So for 2021, a resolution, a hope: More tests. Less shame. Less COVID.”

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Victim-Blaming During a Pandemic Doesn’t Make People Safer

LukeLetlow

I don’t remember what grade I was in—maybe late 10th or early 11th?—but I can recall with photorealistic clarity the time my Dad came into my bedroom (a rare enough occurrence) to listen to me bitch and moan about having persistent enough acne that I was desperate to try a frightfully powerful skin-sucking drug called Accutane.

“Well,” he said, shaking his head with a sympathetic but judgmental wince. “You really gotta lay off those chocolates.”

Research into the folkloric zit/candy connection was as inconclusive in the mid-1980s as it is in 2020. But the most relevant contemporaneous detail was that I didn’t freaking eat chocolates, aside from the odd In-N-Out milkshake. Bad enough that a parent doesn’t know his kid’s preferences; considerably worse to affix blame for an all-too-common teenage malady on the presumedly subpar behaviors by said pizza-face.

I can’t stop thinking about that scene (and the slow-burning resentment it provoked), when observing the way that so many people continue to respond to positive cases of COVID-19.

“Letlow’s death is tragic,” Vox journalist Aaron Rupar tweeted late Tuesday, in response to the news that Rep.-elect Luke Letlow (R–La.) had perished at age 41 after contracting COVID-19. “It was also avoidable. It shouldn’t take tragedies for policymakers to treat the coronavirus pandemic with the seriousness it deserves.”

The evidence Rupar provided for Letlow’s alleged unseriousness was his October comment that “while we’ve been cautious and I think both the state and federal level have taken numerous precautions for COVID-19, we’re now at a place if we do not open our economy we’re in real danger.” Follow-up sleuthing produced pictures of the politician interacting with human beings without wearing a mask. Look, sometimes the skirt is too short, mmkay?

As National Review‘s Kyle Smith pointed out, “In no other health circumstance would such brutality toward the afflicted be tolerated. We do not deem individuals who become sick by engaging in known ‘risky behaviors’—unsafe sex, abuse of alcohol, drug use, poor diet, smoking, dangerous driving—as deserving of pain and misery….[M]ocking and haranguing those who become sick or die due to COVID-19, a novel virus from which we cannot possibly shield ourselves entirely, is unconscionable.”

There is an all-too-familiar gracelessness in politicized conversations about the coronavirus. It’s not enough to merely disagree with Florida Gov. Ron DeSantis’ approach to COVID; you have to accuse him of “putting politics in front of lives.” (For an eye-opening comparison between the disparate media treatment of DeSantis and New York Gov. Andrew Cuomo, check out this Twitter thread.) In the other direction, some anti-lockdown politicians and commentators routinely accuse Democratic mayors and governors of consciously preferencing “power and control” over public safety.

As with far too many public policy disputes (over climate change, criminal justice, health care, etc.), it is not enough to merely observe that the opposing team has different ideas about how best to address a problem. No, the bad guys are either intentionally trying to make things worse or just too blinkered to admit there’s a problem in the first place. The more partisan you are, the more likely you feel surrounded by murderers and denialists.

Rutgers professors Jacob Hale Russell and Dennis Patterson argue in a recent essay for the medical-science website Stat that there is, in fact, “no epidemic of pandemic denial”:

Americans overwhelmingly aren’t in denial: They believe the threat of Covid-19 is real, they are reasonably good at identifying medical misinformation, and they are largely complying with public health recommendations. Compared to their peers in Europe, Americans are more willing to get vaccinated against Covid-19, similarly likely to wear masks, and no more prone to believe common conspiracy theories about the pandemic’s origins.

The U.S.’s response to Covid-19 has been bungled in many respects, but widespread public denial doesn’t explain why.

Insisting on such mass delusion, Russell and Patterson maintain, comes at a cost: “It’s corrosive for at least three reasons. First, it needlessly alienates the interested public with false accusations. Second, by conflating reasonable dissent with unreasonable misinformation, it stifles debate, even about issues that genuinely warrant discussion. Third, the myth of denial deflects blame from the policy failures of politicians, who use it to claim they’ve done all they could, leaving only the denialists (and cheesecake eaters) to blame.”

The impulse to turn COVID policy into a political morality play, observable on a daily basis in allegedly straight news outlets, has the perverse effect of focusing attention on government choices that are comparatively trivial in impact. Putting a villainous face on either a lockdown or a reopening apparently provides more of an adrenaline jolt than the boring yet absolutely vital stuff of de-clogging bureaucratic backlogs at the Food and Drug Administration.

Paradoxically, those most likely to wield blame against individuals and regions suffering from coronavirus tend to be far more sure in their judgments—and reliant on the mantra follow the science—than the people who spend their days actually compiling the messy data about this deadly virus. The anonymous author of the Marginally Compelling newsletter, which painstakingly assembles COVID research by region, had an interesting Twitter thread Thursday in response to the aforementioned DeSantis/Cuomo comparison.

“I’m fascinated with how wedded the press continues to be to the idea that COVID numbers MUST be driven by policy decisions,” he wrote. “They constantly say that numbers are rising in red states DUE TO those states not taking it seriously[.] Let me be as frank as I can here: There is no solid evidence that state policy choices protect a region from a COVID surge[.] None[.] To the degree that they can be controlled (which is not very high, but does seem to exist) the most impactful variable seems to be social patterns.” And those “are not controllable by the government.”

He continued: “Yet the press continues to *demand* that COVID numbers are a direct result of state policy…but only when it fits the insanely crude rubric of ‘red is bad, blue is good’. They are proffering an absolute fiction as if it was obviously true. And the insane thing (to me) is their confidence in this. They clearly believe this to be true when it is *obviously* untrue to anyone who has tried to weigh this idea against the data. They *clearly* have no idea what they are talking about but the speak as if they are experts.”

Another, more influential COVID data-gatherer, economist Emily Oster, warned this week that the coronavirus blame game might tangibly suppress the prevalence of testing:

Whether we recognize it or not, there is a lot of shaming people for getting COVID, and a lot of shaming of any location known to be a place where COVID was spread. The goal of this type of shaming seems to be to encourage better behavior—do well, and you wont get COVID and be shamed.

There is an element of truth here. Clearly, there are more and less safe ways to behave and more and less safe ways to run your business/school/long term care facility/etc. But there is also a huge element of chance.

COVID is a contagious disease. You can get it even if you do everything “right”. And you might not get it even if you do things which are really unsafe. It’s possible for a restaurant to take all the right precautions to lower the COVID risk and still have a transmission occur; similarly, they can do nothing and avoid it.

There is a fine line between discouraging risky behavior and shaming people who get COVID-19. And when we cross the line to shaming, it’s not likely to be productive.

For one thing, shaming people is not usually an effective way to get them to do things. For another, in this case shaming discourages testing. Imagine you come upon a pop-up testing site in the mall while shopping for pants. No line! Public health is served by your testing. In the unlikely event you do have COVID, we want to know. You can isolate at home and take the virus out of circulation, possibly avoiding passing it to the cashier at Old Navy.

We want people to test. But if they know they’ll be shamed if they do have it, they’re going to be a lot less likely to do so.

Look, I get it: 2020 has sucked. Emotions are raw. Morgues are full. I am infuriated on a daily basis by the policy choices made by politicians around me. It’s OK to be mad, and sad.

But it’s also OK—more than just OK, human, necessary—to extend condition-free sympathy and kindness to those who get sick. To admit, even happily, that there are limits to our knowledge, that we will likely be wrong, that pandemic policymaking is devilishly hard.

“While one may glean fleeting satisfaction by blaming others for the pain and uncertainty we’re all experiencing, the scars from the scolds will persist long after the pandemic is blessedly behind us,” Kyle Smith wrote. “Instead, we should all try to be kinder and more gracious toward each other. Most people are doing the absolute best they can, often making incredibly tough decisions amid extraordinarily difficult circumstances. Nearly everyone knows the coronavirus is a threat they must take seriously. No one wants people to get sick and die, and it’s time to stop acting as if they do.”

Or as Oster said more pithily, “So for 2021, a resolution, a hope: More tests. Less shame. Less COVID.”

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