Police Departments Asked Live PD To Cut Footage That Made Cops Look Bad

livepd (2)_1161x653

After A&E canceled the police ride-along reality show Live PD in response to growing criticism and activism about how police officers treat black people, host Dan Abrams insisted that part of the purpose of the show is to provide additional transparency into how officers operate in the field. Abrams said that he thought the show actually furthered the cause of police accountability.

But a new investigation by The Marshall Project, in partnership with The Daily Beast, raises questions about the influence of the police departments with whom the show partnered.

The Marshall Project sought out records and emails between the 47 law enforcement agencies that worked with Live PD and the show’s production company. From the 20 agencies who responded to their records requests, they found documentation that police officers reviewed footage before it aired and that, in 13 cases, police asked Live PD to not broadcast specific encounters.

Not all of Live PD was aired live. The show frequently followed police and recorded footage to be aired for future episodes. And even for the footage aired “live,” there was actually a 10- to 25-minute delay so that the footage could be reviewed. The show said it only edited footage to remove private information or censor footage that could jeopardize a case or cause a security risk.

But The Marshall Project found that law enforcement agencies asked that footage be cut for other reasons. In one such case, police in Warwick, Rhode Island, confronted a man on a skateboard with a shopping cart who was suspected of shoplifting. As a police car chased the man on a skateboard, it appeared (though it’s not fully clear) that the officer driving the car opened the door to knock the skater down while the vehicle was moving.

This is a pretty dangerous tactic for catching a shoplifter and could have hurt the man. A captain with the police department wrote to Live PD and told them that the method used to catch the shoplifter was “way outside of [their] policy and [they] would be opening up some scrutiny issues with the city and our insurance company if they were to see this.” He said that the incident was “too ‘wild west'” for how they typically behave in the department. Following that email, the incident never aired on Live PD.

The investigation also found footage of a sheriff’s deputy in Spokane, Washington, forcefully removing a woman from her own home after she apparently called them over a domestic violence incident. The woman told officers they had to get a search warrant in order to enter her home and then tried to close the door. Instead of leaving, or waiting peacefully outside the home, the officers dragged the woman out of her house while waiting for a judge to sign a warrant.

Once again, representatives from the sheriff’s department asked Live PD not to air the encounter due to “procedural issues” with how the deputies behaved. The show’s producers tried to edit the footage, but the department was still not satisfied. The encounter never aired.

Big Fish Entertainment, which produced Live PD, told The Marshall Project that the incident didn’t air because they were concerned about the woman and a child in the home being identified, not because of the sheriff’s department request. In fact, in each incident they were asked about, the production company had a different reason for censoring or cutting footage, and told The Marshall Project that it was not due to police concerns.

The Marshall Project obtained the footage of these encounters and have embedded the videos in its story, so you can review for yourself whether this behavior looks like police misconduct.

These incidents where police departments attempted to influence what Live PD put on the show is precisely why I cast doubt on claims that this type of programming actually shines a light on how police treat people. Real transparency means letting the public witness police mistakes.

from Latest – Reason.com https://ift.tt/2BiDOxX
via IFTTT

Wesley Yang: Woke Protests Against ‘White Supremacism’ May Be the New Normal

wesyang2

Wesley Yang is the author of the widely praised essay collection The Souls of Yellow Folk and proprietor of one of the liveliest Twitter feeds around. In a wide-ranging conversation with Nick Gillespie, he discusses the cultural impacts of the coronavirus lockdown and protests in the wake of the police killing of George Floyd; racism against black people, Latinos, Asians, and white ethnic people in American history; and how a totalizing and misguided attack on “white supremacism” came to replace a focus on ending specific racist policies and attitudes in recent years. “Wokeness” and “anti-racism” are forming a new elite consensus, Yang says, that may well undermine traditional American beliefs in a prosperous, innovative, and better future.

from Latest – Reason.com https://ift.tt/2VBtaJE
via IFTTT

“F*ck That Driving Shit”: Amazon Driver Quits, Tweets Location Of Abandoned Delivery Van

“F*ck That Driving Shit”: Amazon Driver Quits, Tweets Location Of Abandoned Delivery Van

Tyler Durden

Wed, 07/01/2020 – 14:20

Today in “Why work when I can make more on unemployment” news…

A (now former) Amazon driver, Derick Lancaster, took to social media yesterday to inform the world not only that he was quitting his job as an Amazon driver, but also of the location of his fully stocked delivery van, which he claims to have left at a Metro Detroit gas station. 

“Fuck that driving shit,” Lancaster tweeted, alongside the location of his apparently abandoned delivery van. “It’s full of gas with the keys in the ignition,” he said.

The Tweet has gone viral and has almost a quarter of a million “likes”. The 22 year old driver told The Detroit News on Monday: “I was making 200-300 stops a day, and I just couldn’t do it anymore. I was working from 9 in the morning to about 10 at night, and I couldn’t do it anymore.”

Lancaster says he was working for Amazon for 5 months “and was based out of Amazon’s Hazel Park delivery station.” After starting with a position in the warehouse, he switched to delivery, the report says.

He said that while warehouse workers have a set schedule, drivers can’t go home at the end of the day until all of their packages are delivered. “You work for every penny when you’re delivering,” he said. Oh, the horror of having to work for your money.

Lancaster also said he used a rideshare service to pick him up and take him home after abandoning his van. He said he wasn’t worried about customers getting their packages and said “They’re going to get them regardless.”

“I didn’t think it would pop off the way it did. I guess it touched a lot of people’s hearts who think Amazon overworks people,” he concluded.

via ZeroHedge News https://ift.tt/2NM9yhs Tyler Durden

FOMC Minutes Suggest Fed Will Keep Buying Bonds “For Many Years”, Shuns Yield Curve Control

FOMC Minutes Suggest Fed Will Keep Buying Bonds “For Many Years”, Shuns Yield Curve Control

Tyler Durden

Wed, 07/01/2020 – 14:06

Fed Minutes TL;DR: things can get better, or worse. We have no idea what happens next but everyone agreed we should sound confident and give “forward guidance” as if we know what is coming. Also, we will buy stocks and equity ETFs after the next 20% drop.

Since The Fed statement on June 10th, gold has outperformed (even beating Nasdaq) as the “lower for… ever” mantra is reinforced…

After moving hawkishly higher after the FOMC meeting, the market has drifted notably dovishly in the last two weeks

As a reminder, the FOMC kept rates unchanged at 0-0.25%, at the June 9-10 meeting, as was expected; it did not announce any enhanced forward guidance, nor did it announce any yield curve control policy but did formalize its QE program. Perhaps most notably, Powell adopted a cautious tone during the press conference and has maintained that stance, until yesterday’s congressional testimony where he suggested that the economy had “entered an important new phase and has done so sooner than expected”, signaling more optimism.

Today’s Minutes are not expected to produce any market-moving comments but Fed-watchers will be listening for discussions of negative rates and yield curve control, and any fears of excess valuations (as noted in The Fed’s semi-annual outlook).

*  *  *

As expected The Fed’s Minutes show that officials reviewed other options to provide more support for the economy but Fed officials did agree there was no more need to analyze yield curve control (mentioned 15 times in the minutes).

A number of participants commented on additional challenges associated with YCT policies focused on the longer portion of the yield curve, including how these policies might interact with large-scale asset purchase programs and the extent of additional accommodation they would provide in the current environment of very low interest rates.

In their discussion of the foreign and historical  experience with YCT policies and the potential role for such policies in the United States, nearly all participants indicated that they had many questions regarding the costs and benefits of such an approach.

“some participants said [YCT could result] in the central bank inadvertently setting yield caps or targets at inappropriate levels.

This is important as consensus expected some form of YCT policy adjustment in September.

Instead, Fed officials preferred to focus on inflation-based forward guidance:

“That could possibly entail a modest temporary overshooting of the Committee’s longer-run inflation goal but where inflation fluctuations would be centered on 2 percent over time.

“They saw this form of forward guidance as helping reinforce the credibility of the Committee’s symmetric 2 percent inflation objective and potentially preventing a premature withdrawal of monetary policy accommodation.”

On how long they will remain easy…

“The staff presented results from model simulations that suggested that forward guidance and large-scale asset purchases can help support the labor market recovery and the return of inflation to the Committee’s symmetric 2 percent inflation goal.

The simulations suggested that the Committee would have to maintain highly accommodative financial conditions for many years to quicken meaningfully the recovery from the current severe downturn.”

Did The Fed just realize it is obsolete:

“businesses and households might not be as forward looking as assumed in the model simulations, which could reduce the effectiveness of policies that are predicated on influencing expectations about policy several years into the future”

Did The Fed admit QE is no longer working?

“Several participants remarked that declines in the neutral rate of interest and in term premiums over the past decade and prevailing low levels of longer-term yields would likely act as constraints on the effectiveness of asset purchases in the current environment and noted that these constraints were not as acute when the Committee implemented such programs in the wake of the Global Financial Crisis.”

Finally, in the “Developments in Financial Markets and Open Market Operations” section, The Fed admits the market is only higher on optimism and multiple expansion:

Risk asset prices were buoyed by optimism about the potential for increased economic activity associated with reopenings as parts of the United States and other countries relaxed lockdown restrictions. That optimism was reinforced by high-frequency data suggesting a pickup in economic activity. Market participants also pointed to the suite of U.S. and global policy measures taken since mid-March as laying a foundation for the improvement in risk sentiment. Against this backdrop, staff analysis suggested that equity prices had been supported by expectations for a strong rebound in earnings next year, low risk-free rates and positive risk sentiment. Despite this improvement in risk sentiment, market participants expected weak overall growth in 2020, and elevated uncertainties in the outlook remained.”

Perhaps Powell should check this chart out before the next FOMC meeting?

Full Minutes Below:

via ZeroHedge News https://ift.tt/2YQWOwl Tyler Durden

Hedge Fund Liquidations Soar To Highest Level Since 2015

Hedge Fund Liquidations Soar To Highest Level Since 2015

Tyler Durden

Wed, 07/01/2020 – 13:41

Global hedge fund data reveals a massive liquidation of funds was seen in the first quarter of 2020, marking the highest level of fund liquidation since 2015, as coronavirus market gyrations led to steep losses and soaring redemptions, according to Reuters, citing a new HFR Global Hedge Fund Industry Report. 

HFR released the report on Tuesday that shows 304 funds liquidated in 1Q20. This was the highest level of fund liquidation since the fourth quarter of 2015, when 305 funds shut down. Shown below, the number of closures in 1Q20 is about 50% higher than the last quarter in 2019. 

h/t Bloomberg 

Even before the pandemic, hedge funds suffered eight straight months of redemptions, the longest stretch since the financial crisis. 

During the market turmoil in late February and March, money managers were severely bruised by collapsing asset prices, lockdowns, economic paralysis, and high unemployment. HFR showed investors pulled $33 billion out of hedge funds in the first quarter, the fourth largest outflow in history. 

Only 84 new funds were created in the first quarter, the slowest pace of fund creation since the fourth quarter of 2008. The decline in new funds began in the back half of 2019. 

In total, HFR data shows 8,081 hedge funds, and 1,167 funds of hedge funds were seen across the world. 

Readers may recall, hedge funds concentrated their portfolios even further into growth stocks after the virus pandemic sent equities into a tailspin (the investment thesis has been purely based on a Fed put). 

h/t Goldman Sachs 

Despite positioning, hedge funds have struggled to deliver returns to clients as retail daytraders on Robinhood are netting hundreds of percentages by bottom fishing bankrupted stocks, such as Hertz and Chesapeake Energy. 

It’s only until now, hedge funds are back in favor with US investors as the Nasdaq recently made an all-time-high. 

Some well-known fund managers, sensing the moment, began accepting new capital for the first time in years, including D.E. Shaw & Co. and Seth Klarman’s Baupost Group. Twenty-five of these funds, have pulled in about $15 billion this year, according to one prime broker. A Credit Suisse Group AG survey released this week highlighted the shift: Investors are more interested in hedge funds than any other major asset class going into the second half of the year.Bloomberg 

Kate Holleran, managing director of capital solutions at Barclays Plc, said, “we’re hearing anecdotes of investors revising or paring back their redemption requests” with hedge funds.

With all this newfound optimism for hedge funds as equity markets have already soared on unprecedented central bank intervention, any hiccup in reopenings, or if investors catch wind a V-shaped recovery in the economy is merely a hoax – then expect stocks to sell and investors to resume redemptions. 

via ZeroHedge News https://ift.tt/2CUmOyd Tyler Durden

Banks’ New Dilemma: They Cannot Tell Who Is A Good Risk

Banks’ New Dilemma: They Cannot Tell Who Is A Good Risk

Tyler Durden

Wed, 07/01/2020 – 13:24

Authored by Mike Shedlock via MishTalk,

Are people paying their bills on time? Thanks to Covid regulations, there is no way to tell.

Banks Are Flying Blind

Businesses are not allowed to report to the credit agencies who is in mortgage, credit card, or auto loan forbearance plans. 

So how do banks decide who is a good credit risk when they are Flying Blind?

“Without accurate information, their only option is to pull back on credit,” said Michael Abbott, head of banking for North America at consulting firm Accenture PLC. “Banks don’t know who is going to pay and who isn’t. It’s like flying blind into a credit storm.”

Banks started tightening their underwriting standards in March, when the first wave of coronavirus layoffs began.

By early April, 33% of banks that responded to the Federal Reserve’s senior loan officer survey said they had increased their minimum credit-score requirements for credit cards over the previous three months, up from 14% in January. Bank respondents tightened lending standards for all consumer-loan categories tracked by the survey.

Loan originations have fallen, a result both of the tightening and a decline in consumer demand. An estimated 79,000 personal loans were extended in the week ended May 10, compared with 226,000 in the week ended March 22, according to Equifax Inc. Auto loan and lease originations fell to 266,000 from 390,000 during the same period. General-purpose credit-card originations totaled 483,000, down from 856,000. In 2019, weekly card originations rarely fell below 1.2 million.

Some lenders pay for phone data to see who is calling the unemployment office. Other lenders are using natural disaster codes instead of late payment codes. 

TransUnion is selling data on deferrals but supposedly it is against the law for lenders to use it. 

Fair Isaac is rolling out a new index to inform lenders how likely the applicant is to withstand financial difficulties during the downturn.

Lending Standards Tightest in Six Years

Mortgage Applications

At Least 20 Million Out of Work

Impossible to Sugarcoat the Disastrous Unemployment Claims

There are close to 20 million unemployment claims a the state level. That does not count perhaps as many as another 10 million in federal payment protection programs. 

For discussion, please see Impossible to Sugarcoat the Disastrous Unemployment Claims

Mortgage Forbearance On the Rise

Mortgage forbearance plans topped the $1 trillion mark in unpaid principal last week. 

These loans are not reported to credit agencies as delinquencies.

For details, please see Mortgage Forbearances Rise for the First Time in 3 Weeks

Since banks have no idea who is paying the bills, they have curtailed credit.

Meanwhile, reopenings are in reverse in several place including Arizona, Texas, and Florida. 

Reopenings in Reverse

The only solution is more free money.

Got Gold?

In case you missed it, please see More Gold Hype: No Escape for Shorts

via ZeroHedge News https://ift.tt/3ip24PI Tyler Durden

WaPo Admits ‘Russian Bounties’ Info “Deemed Sketchy” After Pentagon Says “No Corroborating Evidence”

WaPo Admits ‘Russian Bounties’ Info “Deemed Sketchy” After Pentagon Says “No Corroborating Evidence”

Tyler Durden

Wed, 07/01/2020 – 13:06

Congressional leaders have demanded answers, and those answers have come in the form of multiple US intelligence agencies and chiefs essentially throwing cold water on the NY Times Russian bounties to kill American troops in Afghanistan story, as we’ve detailed

We expect this “bombshell” will be very short-lived, perhaps being memory holed by the weekend, akin to the fate of other Russiagate-related ‘anonymous sources say’ type stories. 

The Pentagon is the latest to say that DOD-wide there is currently “no corroborating evidence at this time to validate the recent allegations regarding malight activity by Russian personnel against US forces in Afghanistan,” according to a late Tuesday evening statement by Defense Secretary Mark Esper.

And yet the Times is busy publishing photos of slain Marines to help bolster what’s increasingly looking like a propaganda hit piece ahead of the November election, for which there’s already been considerable backlash from the public.

As of Wednesday it’s been revealed that a highly respected career intelligence officer previously made the decision to not brief President Trump on what the Washington Post now belatedly admits was widely “deemed sketchy” information the CIA had obtained in 2019 through either a foreign source or report.

This line from the Post is certainly awkward for them and the Times:

The Washington Post reported on Tuesday that White House officials were first informed in early 2019 of intelligence reports that Russia was offering the bounties to kill U.S. and coalition military personnel, but the information was deemed sketchy and in need of additional confirmation, according to people familiar with the matter.

National security adviser Robert O’Brien said in a Wednesday FOX interview, reported by WaPo that it’s “another false story.”

“The president was not briefed because at the time of these allegations they were uncorroborated,” he said. “As a result, the president’s career CIA briefer decided not to brief him because it was unverified intelligence, and by the way, she’s an outstanding officer, and knowing all the facts I know, I certainly support her decision.”

Trump at Bagram Air Base, Afghanistan in 2019, via Reuters.

And further WaPo describes in a story it had a hand in pushing alongside the Times:

The agenda for the oral briefing is often worked out in advance with the national security adviser, with input from the Director of National Intelligence and CIA director, said a former senior intelligence official familiar with the briefing process, who requested anonymity to discuss matters not in the public view.

O’Brien said leaks to the media about the episode have hampered U.S. intelligence officials from determining what actually happened.

“Sadly because of the leak, it may now become impossible ever to get to the bottom of this, to get to the truth of the matter, and that’s one of the very sad things,” he said. “We were working very hard on this matter. It might be impossible to get to the bottom of it because someone decided to leak to hurt the president rather than uphold their obligations to the American people.

Days ago CIA Director Gina Haspel said something similar.

Instead of “confirming” the original Times reporting, the CIA chief did quite the opposite, targeting the leaker or leakers for playing politics with cherry-picked unvetted intelligence. 

Again, at this point this non-story looks to be dead by the weekend as it’s already unraveled. But we won’t hold our breath for the NY Times retraction or any level of mea culpa anytime soon.

via ZeroHedge News https://ift.tt/2BsvJXs Tyler Durden

FOMC Minutes Preview: Snore

FOMC Minutes Preview: Snore

Tyler Durden

Wed, 07/01/2020 – 12:49

Submitted by NewsSquawk

FOMC MEETING RECAP:

The FOMC kept rates unchanged at 0-0.25%, at the June 9-10 meeting, as was expected; it did not announce any enhanced forward guidance, nor did it announce any yield curve control policy. It did however formalize its QE programme, and will now be buying at a rate of USD 80bln per month of Treasuries (which is in line with the current purchase rate, and the bottom-end of the 80-120bln consensus) and USD 40bln per month of MBS (which was above expected – the street had expected between USD 25-35bln). The Committee’s forecasts showed it expects the unemployment rate to end the year at 9.3% (analysts expected 9.5-10.5%) improving to 6.5% by the end of 2021 (expected between 5.7-7.1%), and then 5.5% by the end of 2022. The new dots showed the Committee expects rates to stay at current levels through its forecast horizon.

POWELL PRESS CONFERENCE RECAP:

Ultimately, Fed chair Powell adopted a cautious tone, saying that the decline in growth this quarter is likely to be the most severe on record, and the situation with regards to joblessness was still severe, and saw downside pressures to inflation. Powell reiterated statement guidance that rates were going nowhere until progress has been made towards the Committee’s dual objectives, and that the Fed was ‘not even thinking about thinking about’ raising rates. Powell noted the uncertainties presented by the SEP, and said the Fed will update its stance when more information is available; the Fed did not change its longer-term dots, and Powell suggested his own personal motivation for that was his belief that the Fed can prevent the longer lasting damage to the economy caused by the pandemic.

Powell said the current stance of monetary policy was well positioned to support the recovery. The Fed chair said a full recovery is unlikely to be seen until people are confident in resuming activity; he sees that recovery starting in the second half of this year, lasting over the next couple of years, supported by low rates; he added the somewhat obvious caveat that the outlook remained uncertain – in fact, he seemed very aware that a second wave of the virus might derail the recovery efforts. He did note that there would still be a significant amount of people who remain jobless even when the recovery takes hold, so preserving credit was essential to mitigate risks and set the stage for recovery; over the “coming months”, the Fed will be maintaining purchases at least at the current rate. The Central Bank will put the extraordinary tools back in the toolbox “after the crisis has passed”; Powell said that yield curve control policies had been discussed, and its effectiveness remains “an open question”.

Once again, Powell called for more fiscal support, which could make a critical difference (PPP, stimulus checks and unemployment insurance had helped, he said). Several times, Powell highlighted caution, noting that the Fed was watching incoming data closely, and we would learn ‘what the real story’ will be for the US economy.

SINCE THE MEETING:

Powell’s testimony to lawmakers was notable in that the Fed Chair noted that the economy had “entered an important new phase and has done so sooner than expected”, a more upbeat assessment than the caution expressed at the FOMC; Powell did caveat his optimism, reiterating that there were uncertainties that remained.  He again reiterated that the path forward would also depend on the policy actions taken at all levels of government to provide relief and to support the recovery for as long as needed.

via ZeroHedge News https://ift.tt/3imFd7l Tyler Durden

Judge Luttig on How the D.C. Circuit Bungled the Flynn Case

Before the U.S. Court of Appeals decided to grant Michael Flynn’s petition for a writ of mandamus ordering the dismissal of the charges against him for lying to the FBI, former federal judge Michael Luttig offered his thoughts on what the court should do. Now that the D.C. Circuit has granted the petition, Judge Luttig has some additional thoughts in the New York Times. Although he was critical of Judge Sullivan’s handling of the case, he is quite critical of the D.C. Circuit’s handling of the case.

 the court mistakenly believed that if the government is entitled to dismissal of its prosecution against Mr. Flynn now (which it is not, by the way), then Mr. Flynn is entitled to dismissal of his prosecution by the government now, too. But that is just not true, because the government’s rights and interests in immediate dismissal are vastly different from and greater than Mr. Flynn’s, which are lesser by far. And it is Mr. Flynn, not the government, who sought dismissal before Judge Sullivan can rule.

Knowingly or not, the Court of Appeals simply appears to have bungled perhaps the most consequential political constitutional case in recent memory.

Despite this harsh judgment, Luttig is not entirely sure that the full D.C. Circuit should rehear the case en banc. He offers arguments for and against such a step, warning that en banc review will further feed the perception that the case’s outcome is driven by politics. He then writes:

while the opinion of the three-judge panel is grievously wrong, and as premature and ill reasoned as its decision was, the court reached the result that almost certainly will be required by law after any hearing that the full court could constitutionally authorize Judge Sullivan to conduct. The government’s facially and unrebutted reasons for wanting to dismiss the prosecution — namely that the government itself wrongly investigated and prosecuted Mr. Flynn in the first place and then withheld exculpatory evidence from him in the second place — are constitutionally compelling. Accordingly, the law will almost certainly countenance neither Judge Sullivan’s proposed interrogation of the government as to the political ulterior motives and purposes that he suspects — but only suspects — nor at the end of the day a decision to deny his leave for the government to dismiss its prosecution of Flynn.

For those interested in this issue, I also recommend my co-blogger Paul Cassell’s post on the decision.

from Latest – Reason.com https://ift.tt/2VvUaKr
via IFTTT

Supreme Court’s LGBT Discrimination Ruling Forces Harvard To End Ban on Single-Gender Clubs

harvard_1161x653

Among the unexpected beneficiaries of last week’s Supreme Court decision banning workplace discrimination against LGBT people are fraternities, sororities, and other single-gender college organizations.

This may take a little explanation. In 2016, Harvard leaders decided that they didn’t like the school’s exclusive, single-gender final clubs, dismissing them as creating “forms of privilege and exclusion at odds with [Harvard’s] deepest values.” It had stopped formally recognizing them in 1984, but they decided to put the screws to any student who continued to join them by denying them certain scholarships and prohibiting them from holding positions of leadership in campus organizations.

It was a terrible position to take, dismissing students’ rights to free association. And while Harvard is a private college with its own power to decide what it will allow on campus, it was, as Reason‘s Robby Soave pointed out then, a deeply illiberal decision that fostered discrimination.

In June, the Supreme Court ruled in Bostock v. Clayton County, Georgia, that it’s a violation of Title VII of the Civil Rights Act of 1964 to discriminate against an employee because he or she is gay or transgender. In an opinion written by Justice Neil Gorsuch, he explained that such discrimination falls under the rubric of discrimination on the basis of “sex.”

This ruling significantly broadens how courts will analyze what sex discrimination means. And so on Monday, faced with a federal legal challenge from a group of fraternities and sororities accusing the college of sex discrimination, President Lawrence S. Bacow said the college would stop enforcing the ban.

As The Boston Globe noted in 2019, Harvard defended the ban from the lawsuit by attempting to argue that it applied equally to men and women—therefore it was not sex discrimination. This was very similar to arguments used to justify LGBT discrimination: That because gay men and gay women (and trans men and trans women) faced “equal” mistreatment, it was not sex-based discrimination. This didn’t fly with the Supreme Court majority, who determined that the issue wasn’t that the discrimination was “equal” between the sexes, but rather that the discrimination was based on sexual characteristics (whom somebody was attracted to or which gender they identified as).

Similarly, back in 2019, a federal judge rejecting Harvard’s attempt to get the lawsuit dismissed said that it didn’t matter if the policy banned both male and female clubs. “What matters is that the policy, as applied to any particular individual, draws distinctions based on the sex of that individual,” Judge Nathaniel Gorton of the U.S. District Court for the District of Massachusetts wrote.

The legal writing was plainly on the wall. But as Harvard abandons the policy, it’s abundantly clear they haven’t really learned anything. They had good intentions because they were trying to prevent sex discrimination, Bacow argues in a letter sent to Harvard alumni. But they did so by instituting a different form of sex discrimination and now they’ve accepted that they will lose this lawsuit if they don’t end their policy.

“The policy was adopted to advance the essential and unfinished work of making Harvard a more inclusive and welcoming environment for all our students—of creating a community in which students are not denied the opportunity to participate in aspects of undergraduate life simply because of their gender,” Bacow wrote. “Harvard is fairer and better when a student’s gender does not stand as a barrier to social opportunities while in college or inhibit students’ access to alumni networks that can help enable opportunities later in life.”

It’s also fairer and better when students are permitted to privately organize in groups that serve their own needs and not be told by people who think they know better that they cannot. It’s pretty rich that Harvard was making the exact same legal argument as those defending firing gay and transgender employees, but they didn’t really recognize it because they saw their intentions as so very noble.

from Latest – Reason.com https://ift.tt/31w9gU1
via IFTTT