Kenneth Freeman has been the mayor of Many, Louisiana, for 30 years, since 1989. In that time he’s seen a lot of changes, and had a lot to say. For example, in 2006 he did an interview with the Alexandria Town Talk regarding future economic prospects for his city and the northwest Louisiana region as a whole. Among the questions: “What could hurt the future of Sabine Parish?”
“Pessimism,”
he said. “Fighting against each other and not coming together for a
common goal.”
Thirteen
years later, that answer could be deemed prophetic, as Freeman versus
Freeman – the mayor versus the police
chief – has become the present
day wild (north)west duel.
One
week ago, on Thursday, June 27, the
Many City Council held a noon meeting to discuss a proposal for the
fall ballot, asking the voters to decide whether to continue electing
their police chief, or to change the position to an appointed one.
When the meeting ended, the police chief had the mayor arrested,
handcuffed, and hauled off to the parish jail.
The
mayor led off the discussion of the ballot proposal by giving the
council and the standing-room-only assemblage of citizens a review of
the complaints that have been raised about Police Chief Roger
Freeman. (The two men are unrelated.).
“For
a year now, we’ve been hearing complaints from our citizens and
officers that the police chief is not there; that he is not providing
leadership,” the mayor said. “There’s been a large turnover
rate in the city police department to the point that they are
constantly understaffed and cannot provide proper patrol or
protection. Our citizens say they do not feel safe in their own homes
due to recent rises in crime.”
Town
residents have
been plagued by a rash of burglaries.
“We
get these complaints, because everyone thinks we run the police
department,” the mayor continued. “We don’t. The elected chief
is responsible for management and operations of his department. You
all keep saying, ‘Do something. Do something.’ We meet with him
and…nothing happens.”
There
were a number of “yes sirs” and “that’s rights” from the
audience, reminiscent of a congregation engaged with the Sunday
sermon.
“For
example, the chief has been advised by the council to contact the
sheriff and state police to assist with patrolling at night, until
the chief can hire competent officers. He has not acted on those
recommendations. And
a year ago this city council asked
me to research what options they have with an elected chief. The
only thing that we can do is put it before the people of Many for a
vote,” Mayor Freeman explained. “We can vote to dissolve the Many
police department and have the sheriff’s department take that law
enforcement responsibility. Or, we can put before the people of Many
for a vote to change the chief to an appointed position, to where you
have some input into the operations of your police department through
your elected city council members.”
The
crowd murmured,
softly reacting
to the options being proposed. Council members, on the other hand,
sat stoically and silently.
“There
appears to be a misunderstanding that we are going to vote today to
appoint a new chief. That is not within our realm of responsibility
or capability,” the mayor
continued. “We do
have the option to put this on the fall ballot to
give you,
the citizens, the opportunity to tell us how you wish to proceed. Do
you wish to continue to have an elected chief? Or do you want to have
an appointed chief? That’s what we’re here today to decide. Do we
put this question on the ballot?”
One
council member moved to put the
referendum on the ballot. Another
seconded it, and the rest of the members were offered the opportunity
to discuss it. Silence.
So
the mayor said, “All in favor signify by saying aye,” and
“Motion passes,” was the
unanimous decision.
Audience
members wanted to ask questions. Yet
the traditional order of business at Many City Council meetings is to
allow public comment on agenda items en bloc, prior to the council
calling them forward on the agenda. The
alloted time for that had already occurred, and so the
council adjourned, but
stayed around to answer citizen questions informally.
Many Police Chief Roger Freeman. Screenshot from Youtube
One
of the first up to speak was
the police chief himself.
“I’m a say what I’m gonna say. I don’t care what he says,” Chief Roger Freeman said, pointing at the mayor. “I’ve been working 20-somethin’ years here in Many. Have helped almost everybody in this room at one time or another. I’ve helped people every day. Now they’re gonna kick me out of office?”
“If
the people
vote that way, that’s their prerogative,” the mayor responded,
with a shrug of his shoulders and a slight shake of his head.
“Yeah,
but you come here and talk about me all kinda ways to the public,”
Chief Freeman said, pointing angrily at Mayor Freeman. “I love
these folks. And y’all didn’t even ask me if I wanted to say
something. You just let me set over there in that chair and never say
a word. I got news for you!”
“We
advised you what would be discussed here today,” the mayor replied,
calmly.
A
female in the audience shouted, “Can we appoint the mayor, too?”
generating nervous laughter from the crowd. “And everyone at the
table?”
“Does
the police department need help in patrolling the town?” the
chief asked, raising his voice, both
in his own defense and to be heard
above the audience noise. “Sure.
Went over to the sheriff the other day, talked to him. He
is shorthanded himself, and is NOT
putting anybody here in town. But in
the last week, we
solved that string of burglaries that we had. We picked up two and
locked em up, and got two more boys that we picked up today. So you
don’t have to worry about your houses or your cars anymore.”
Then,
turning again to
the mayor and the full council,
Chief Freeman put his hands on his
hips and said with some venom, “While
you’re asking the public, why don’t you ask them if they want to
strap on a badge and a gun and protect you for $13 an hour?”
“The
public doesn’t want us to raise taxes,” the
mayor replied.
The
police chief disappeared from view, while the mayor and council
engaged in nearly a half hour more discussion
with the public. Then,
as the participants were heading to the door to leave, the mayor was
approached by an officer wearing a tactical vest.
Many Mayor Kenneth Freeman booking photo. Courtesy Sabine Parish Sheriff.
“Turn
around, please, sir,” the officer says, as he proceeds to handcuff
the mayor. “I have a warrant, signed by Judge Stephen Beasley, for
your arrest.”
“For
what offense?” the mayor asks.
The
officer’s response is to read the mayor his
Miranda
warning, asking
at the end,
“Do you understand these rights?”
“I
do,” Mayor Freeman replies.
And
as he is taken out of the municipal building and bundled into a
police vehicle to be whisked away to the parish jail for booking,
Assistant Police Chief Dwayne Brumley announces the charges that
formed the basis for the mayor’s arrest.
“Speeding
eighteen miles over the speed limit; running a stop sign; resisting
an officer by flight,” Brumley stated.
Reporters,
who had been advised in advance that there would be fireworks, asked,
“When did this happen?”
“16
May.”
On
that date, the mayor was headed to the jail to check on a constituent
who’d been arrested for refusing to sign a ticket. Two young Many
police officers were tailing the
mayor,
and at some point lit him up, accompanying him, lights and siren
blazing, to the parish jail. When the mayor parked and
got out of his car,
the officers
jumped out and drew their weapons. Moving
past them, the mayor
went inside.
“Why
arrest him now?” reporters wanted to know.
“It’s
been under investigation,” the assistant chief replied.
“By
police, or the parish sheriff and the district attorney?”
“Uh,
by Many Police,” the assistant chief answered.
The
charges carried a $1667 bond, which the mayor posted that same day,
getting his release. It remains to be seen whether the DA will pursue
them, and if prosecuted, whether they’ll hold up to judicial
scrutiny.
Meanwhile,
the Many fireworks will continue, along with the mayor versus police
chief shouting matches that let the voices of the Freemans ring.
“Your betters have endured me say my mind, and if you cannot, best you stop your ears. My tongue will tell the anger of my heart, or else my heart concealing it will break.” — Katherina, Act 4, Scene 3, Shakespeare’s Taming of the Shrew
Dear Readers and Friends,
Many thanks to all of you for your compassion following the passing of my spouse. I deeply appreciate your kindnesses through this difficult time.
To
my publisher and dear friend Lamar White, you have my profound
gratitude for your patience with my grieving process, and your
confidence that I would ultimately find my way back from this dark
journey. The hours you’ve spent on the phone with me, reminding me
of “life out there,” are invaluable.
Here’s where I also give a special shoutout to Bayou Brief’s Chairman, Cayman Clevenger, who insisted Lamar drag me out to a simple, small BBQ early on in my period of mourning. It was a crucial reminder that my “primary caregiver” duties were done, so I could leave the house.
Y’all may have noticed I haven’t been writing. Check that. I haven’t been publishing what I write. I would research and then start to compose an article, get several paragraphs into it, and then find I was overwhelmed with the futility of it all.
Here was the argument from inside my head: “I’ve covered these topics, these issues, over and over again. I’ve made logical, reasoned arguments. I’ve made them funny, and I’ve painted verbal caricatures of the people involved. Yet here we are, arguing the same issue again, choosing the same ineffective response, getting nowhere. Why bother? No matter how many times or how many ways I say it, nothing changes. Nobody is paying attention.”
That
internal dialogue had been ending in my closing or deleting the
document. “What’s the point?” I’d ask myself and Lamar.
More than simple writer’s block, my crisis of confidence in myself (and how all of y’all respond) has been tangled up with the past years of intensive caregiving and the present grieving over the loss of my husband.
The theme that links the two? All that energy expended, yet the end result is still negative.
I’m now engaged in counseling, as I sort through accumulated “stuff” and prepare to move to a smaller home. And I’m still figuring out “what I want to be when I grow up.”
My adult children started asking me variations of that question within days of their father’s death. Each expressed willingness for me to join their respective households, but I could see the fear in their eyes when they asked about the possibility.
“Too soon to decide,” I said. “It’s kind of you to offer, but I think that’s one of those ‘only if there’s no other option’ options.”
“Remember,
Mom, you’re not responsible for dad or us anymore – only for
yourself. You don’t have to compromise on everything – or
anything,” my oldest daughter said. “Where do you
want to live? What do you
want to do?”
“First, I want to get rid of all this stuff that has attached itself to our lives. It feels like I’m tied to the stuff, and it’s weighing me down and holding me back – like an anchor.” I said. “And then I want to get an old-school canned ham travel trailer, move into it, and head out on the road.”
And while that was the extreme version of possible futures, I have been working lightening the load of stuff that has accumulated around me. Plus, Don and I had planned on doing some traveling once he had gotten his LVAD (artificial heart pump). In fact, the intention had been this would be my final year covering Louisiana legislative sessions, and that next spring, we’d be ready to roam.
I’d spoken of this intention with several people prior to Don’s final hospitalization and death. When I returned to the state Capitol in the last couple of days of this most recent session, a conversation with one particular lawmaker prompted more pondering of that plan.
Throughout this term, I’ve been respectfully critical of the partisan policies expressed and enacted by House Appropriations Chairman Cameron Henry. Yet while I differ with the politician, I respect and rather like the person. So when we saw each other in the hall the last day of this past session, there were hugs, and he expressed sympathy for my loss. I told him – truly – that I would miss him, too, as he is term-limited out this year.
Louisiana state Rep. Cameron Henry. Photo credit: Sue Lincoln
“Don’t
worry,” he said, “I’m running for state Senate. So we’ll
still be able to cross verbal swords next year.”
“That’s great, except I’d planned that this was my last session,” I explained.
“Don’t do that!” he said, grabbing my shoulders and looking directly into my eyes.
“We need you. I’m serious,” he told me. “You have deep institutional knowledge, and term limits mean next year there will be a lot of lawmakers who don’t know what they are doing. We need you to tell us – to tell the public – when we are doing it wrong, as well as when we do it right. And I personally want your professional opinion on what we do.
“Plus,”
he added, “there are fewer and fewer news outlets and reporters
covering all this. And it’s vitally important for the public to
have voices like yours telling them what we do here, on their behalf.
So please, give us one more year, at least.”
I promised him I’d consider it, and I am… still.
Meanwhile,
there are a few things that absolutely exasperate me, and – as
Cameron so graciously reminded me – you
are all
entitled
to my opinion.
(If you don’t like what I’m about to say, blame Cameron Henry ;-). If you do like it, donate to the Bayou Brief.)
Rant the first: About that oil spill…
Sheen on Gulf of Mexico waters from Taylor Energy MC20 site. Photo courtesy: healthygulf.org
A 147-page National Oceanic and Atmospheric Administration (NOAA) technical report on the former Taylor Energy MC20 oil well site was released Monday, saying the crude oil gushing into the Gulf of Mexico far exceeds the amounts and sources the company claims.
For those unaware, this is an oil spill that started in 2004 when Hurricane Ivan toppled Taylor Energy’s Saratoga platform in the northern Gulf of Mexico, and nearly fifteen years later, it continues to send a sheen of crude to the surface today.
Taylor Energy publicly claims they’re releasing only about a drop per minute (or approximately three gallons per day) and that it’s coming from the mud that covers the well site, 443 feet below the water surface.
The NOAA study says there are definitely four – and potentially five – distinct plume sites around the former wellhead location. Combined, they are releasing over 34,000 cubic feet of methane gas and an average of 46 barrels (more than 1900 gallons) of oil every single day.
The New York Times headlined its June 25 article about the NOAA report this way: “New Estimate for an Oil Leak: A Thousand Times Worse Than Rig Owner Says.”
Taylor Energy, which in 2008 sold all its oil and gas assets (except this MC20 site) to Samsung, was founded in 1979 by Patrick F. Taylor.
If that name seems familiar, that’s the same Patrick F. Taylor credited as being “the godfather of TOPS,” which is an acronym for the “Taylor Opportunity Program for Students.”
The statewide taxpayer-funded college scholarship program is based on the program he began in 1988, originally for students in New Orleans.
Patrick Taylor passed away in 2004, a month and a half after Hurricane Ivan initiated this spill. He left everything to his wife Phyllis, making her, at one point, the “richest woman in Louisiana.” Today, that title belongs to Gayle Benson, the widow of New Orleans Saints owner Tom Benson, who is worth an estimated $2.8 billion.
Phyllis Miller Taylor of Abbeville, Louisiana, though, still sits atop a $1.6 billion fortune, approximately $400 million more than she inherited fifteen years ago. She also remains Chairman and President of the Patrick F. Taylor Foundation, which, according to the most recently available reports, claims approximately $38 million in assets, primarily in corporate stocks and real estate, and qualifies to distribute between $6 million to $8 million a year in educational grants.
However, the Patrick F. Taylor Foundation is not TOPS.
It is a 501(c)(3) family foundation; it has no employees; its only donor is Phyllis Taylor (according to the most recent reporting), and those donations (she contributed $6 million in 2016, for example) are tax-deductible.
Phyllis Taylor. Photo credit: Sue Lincoln.
All of this is important, because in recent years, whenever there’s a move toward making TOPS a more needs-based scholarship program, extreme deference is given to Phyllis Taylor’s opinion on the subject, consistently determined to keep it available to the wealthy and poor alike. Notably, Taylor doesn’t actually contribute an endowment toward the state TOPS program. She donates to her own family foundation, and presumably, deducts those contributions from a percentage of the taxes she would otherwise owe the state and federal government.
TOPS was a brilliant and important idea, and despite its name, it has always been entirely funded by we the people.
With
all that in mind, let us return and consider the latest information
about the spill. The
Hill, in its June 24 story about the NOAA findings, reported this
response from the well’s ownership: “The
Government released this report to the media but did not share it
with Taylor Energy. In addition to this one instance, the Government
has refused to share with Taylor Energy any verifiable scientific
information or data despite the company’s multiple requests.”
Boo-hooing
because the big, bad federal government didn’t share its results
with Taylor Energy first? Then trying to imply the government
scientists’ data is unreliable after nearly 15 years of your
failure to halt the leak?
Really.
Louisiana and its officials should be demanding, immediately, Phyllis Taylor voluntarily use her vast financial resources to put a stop to the oil and gas that’s been spilling from the Taylor MC 20 site for the past fifteen years.
The NOAA report outlines what appears to be troubling evidence of corporate negligence, and Taylor Energy’s response does little to inspire confidence.
Neither the Louisiana Board of Regents nor the Louisiana Legislature should give any credence to her opinion on how TOPS should be administered.
And
considering
Tulane University’s ranking among the top ten for law students
specializing in environmental law, it seems the height of hypocrisy
that Tulane has Phyllis Taylor serving on its Board of Supervisors.
It
should not be, as Ouiser Boudreaux says in Steel
Magnolias,
“The only reason people are nice to me is because I have more money
than God.”
Sue
the Shrew has many more opinions to share, on
topics that range from public health record-keeping to how
NOT to run a political campaign,
so
watch for those
upcoming rants.
The Grammy award-winning band Lost Bayou Ramblers of Broussard and Arnaudville perform at Tipitina’s in New Orleans. Photo credit: Lamar White, Jr.
Prologue:
Two weeks ago, as Cayman Clevenger, the Bayou Brief’s Chairman of the Board, informed our readers, Gambitnamed me as one of their Top 40 under 40 of 2019. (The Top 40 were not ranked, but I imagine if it had been, there would be universal agreement: The #1 seed should belong to the only teenager who made the cut: 19-year-old Philip Youmans, a film director whose debut movie “Burning Cane” just won the top prize at the Tribeca Film Festival). While I’d mentioned the recognition on my social media, I hadn’t intended to be too self-aggrandizing on the Bayou Brief.
Last year, Bayou Brief Chairman Cayman Clevenger and I worked on an investigative report about corruption in professional sports. We have altered the appearance of our source, a media watchdog who asked to be called “Gumbo,” out of concern for retaliation. Photo credit: Lynda Woolard.
But considering Cayman has helped build this publication behind-the-scenes more than anyone else (and despite the fact that the only warning I’d received he was up to something was a text message he sent asking, “Are you okay with surprises?”), I am thankful for the opportunity to publicly express my gratitude for his invaluable support (he came up with the name “Bayou Brief”), his belief in the importance of this work (even though he does not always share the same political perspective), and his loyal friendship. He has never taken a penny for his work, and he has never once asked for public recognition. Thank you, Cayman. Oh dang it, I forgot to ask: Are you okay with surprises?
He also provided me with the opportunity to express something here that I’d previously mentioned on Twitter: There are two extraordinary couples who have inspired me more than anyone else to pursue a career in publishing: Clancy DuBos and his wife Margot (though I don’t know her as well as I know Clancy) of Gambit and Cherry Fisher May and her husband Steve, who spent their careers promoting a better, more inclusive, and more accountable politics in Acadiana.
(Although Gambit is now owned by John Georges, it seems to have been spared, thus far, from the influence of editor Peter Kovacs, but that’s another story).
In his report about Gambit’s recognition of my work and the work of 39 others here in New Orleans, Cayman linked to a five-year-old column, “In Defense of Louisiana’s Magic,” I wrote for my former website, CenLamar. I hadn’t read the column since publishing it, so I was slightly terrified about whether my sentiment still held up. At the time, I had been living in Dallas, finishing my final year of law school, and I hoped I hadn’t come across as homesick or nostalgic or overly defensive.
The column was initially conceived as a response to an obnoxious article in Esquire by a twenty-something New Orleans transplant from Massachusetts who seemed genuinely disappointed that people here have ordinary lives.
Like far too many others, he had expected New Orleans to be a metonymy of everything he’d seen in the movies about Louisiana.
Kermit Ruffins performing at the Blue Nile in New Orleans. Photo by Lamar White, Jr.
So, for whatever reason, he felt an obligation to apologize on behalf of an entire state in which he had only lived for three years (and likely only in a majority-white, upperclass enclave in Uptown).
There are countless examples of articles about Louisiana by people who just don’t get it, even from people who were born and raised here.
Some transplants, like the Esquire freelancer, end up unwittingly revealing themselves to be generally detached from reality. Others, usually from big cities on the East Coast, imagine themselves to be vastly more sophisticated or morally superior. I doubt I am the only person who will never forget #kalegate.
Perhaps more than anything, I was annoyed (and continued to be annoyed) by the implication that all you need to do to understand Louisiana is a hop on a Southwest flight and spend an extended weekend drunkenly stumbling around the French Quarter while scheduling your dinner reservations based on the reviews you’ve read on Yelp.
New Orleans is a lot more than the French Quarter, and Louisiana is a lot more than New Orleans.
This article, much like the one I published five years ago, is about what is best about Louisiana, but let’s get a few things out of the way first.
People who love this place love it, despite its broken politics:
A fais do-do (of sorts) at a camp on the banks of the Atchafalaya River. Photo by Lamar White, Jr.
There are countless existential threats to the future of Louisiana: Climate change, first and foremost, a problem exacerbated by a legislature dominated by anti-science shills for a mega-trillion dollar oil, gas, and chemical industry that knows the fair market value of a Louisiana politician’s integrity is about $50,000.
We are threatened by a bankrupted education system in which people like Eddie Rispone, a candidate for governor, can spend a fraction of his fortune to promote “school choice” as a policy solution when it’s actually just a tax shelter. We are losing our next generation of leaders to states and cities that invest in innovation, inclusivity, and education and that recognize the importance of a diversified economy built by the talents and skills and creative entrepreneurialism of young people.
It is true, of course, that young people do not vote in the same numbers as older voters; they don’t pay much- if any- attention to the legislature or to the state government in general when all the news seems to be about is how bigoted and greedy and dysfunctional we are.
Above all, though, I blame the media.
Don’t get me wrong: We have some fantastic reporters, columnists, photojournalists, and editors. Louisiana is blessed by our storytellers. But the press, as an institution, is, for the most part, led people who only understand it as an instrument of power.
“Georges has kept on buying, most recently New Orleans’ strong alt-weekly, Gambit, in April 2018. An enthusiast for most things Greek, Georges explained his acquisition strategy by evoking Alexander the Great.”
Alexander the Great was Macedonian, by the way.
“(Alexander) conquered you and then put you in charge. He would come back in three years and see how you were doing,” Georges said. “(If all was well), you could stay; otherwise he would kill you.”
I didn’t decide to write about Louisiana or launch an entire publication about Louisiana because I have ever been inspired by those who dream of conquering and controlling. I was inspired by people who used the power of their voices- not their bank accounts- to tell the stories that animate us as a people.
A decade ago, the Times-Picayune published a poignant tribute on the one-year anniversary of the death of a writer who published his work almost exclusively on the online platform TypePad. You could read his stories, reports, reflections, and rants for free; this wasn’t a money-making venture. That’d be antithetical to his mission. People referred to him as a blogger, which later became a pejorative the mainstream media would employ against any freelance online writer, regardless of their experience or education or the quality of their work.
Today, because of the ubiquity of social media and the proliferation of online propaganda masquerading as news, the word “blogger” applies to nearly everyone. In the aftermath of Katrina, though, Facebook was only available to college students at a select number of schools (I was one of the first 10,000 of those students to open an account, and it was vastly different then than it is today). It’d be another three years before Twitter opened shop.
So, at the time, as a consequence of the Katrina diaspora, although these online platforms may have been a production of Silicon Valley, New Orleans was the real birthplace of the blogosphere. And for a few years, this was both a source of pride and critical component of rebuilding an entire community.
In retrospect, while we may have called him a blogger, Ashley Morris was a writer, arguably the best of all of us.
And despite the fact that I had not been living in New Orleans at the time, this unique, raucous, diverse, fearless, and ultimately ephemeral community accepted me as one of their own. Every year, they hosted a conference, Rising Tide, and, among other things, they honored a writer with their top prize, the Ashley Morris Award. It was one of the greatest honors of my professional career when I received the award, which will always enjoy a place of prominence in my home.
For a couple of reasons, I had been reflecting on Ashley’s legacy and on the ways in which his verve, his uncensored and raw but righteous indignation, and his unapologetic passion for New Orleans left an enormous and lasting impact.
First, although the bulk of the Times-Picayune’s tribute to him on the year after his death was by his friend Mark Moseley, the brilliant writer (I called him “the Sinatra of the blogosphere”) behind the website “Your Right Hand Thief,” the byline belonged to Deborah Cotton, also known as “Big Red.”
Four years after her tribute to Ashley Morris, Deb was severely wounded in the 2013 Mother’s Day shooting, and despite that horrific experience, she responded with almost superhuman empathy for the young men responsible. In the face of the boy who shot her, she thought she recognized her own nephew, and that epiphany- about luck and misfortune, things we can change and circumstances out of our own control- made her an even more forceful advocate for criminal justice reform. There but for the grace of God go I.
She remained a fearless champion of a culture and a city she cherished so much, and a couple of years after I received the Ashley Morris Award, the prize went to her. And in her extemporaneous acceptance speech, she somehow managed to leave an entire room in tears and in awe.
Deb died on May 2nd, 2017, and upon hearing the news of her passing, this is how the community responded, almost immediately gathering outside of her front door for an impromptu second-line:
Picture: Facebook
Very few of the dozens and dozens of writers who were once a part of the Rising Tide community are still active. Some, like Ashley Morris, Deb Cotton, and Greg Peters, have passed away. A few began struggling with mental health issues and debilitating addictions. Others moved onto different careers or reluctantly moved to different states. Most of them still write on the internet, the same way everyone else does: Photos of their kids, updates about new jobs or upcoming vacations, and maybe- occasionally- a pithy complaint about a news story.
As I mentioned earlier, Rising Tide, both as a conference and a community, was ephemeral, lasting only ten of New Orleans’ 301 year history, and frankly, like many of the best things in the life of a city, it ultimately came undone when it began taking itself too seriously. But when it was initially conceived by its principal and original organizers as the “Krewe du Vieux” of conferences (a metaphor that only makes sense to those familiar with Mardi Gras), damn, it was phenomenal. By one count, there were more than 300 blogs in New Orleans.
“Hurricane Katrina became a catalyst in the history of New Orleans news reporting, and one that transformed the dissemination of news in the city. During the storm, blogging became a primary source of news as a result of the breakdown of the print press,” explains Paromita Saha in the book News Evolution or Revolution?. “Times-Picayune staff broke stories on the publication’s website NOLA.com, which became a lifeline for many displaced residents. Evacuees blogged about their plight as means of reaching their loved ones and the outside world, while the mainstream news focused on narratives of public officials working around the clock to return the city back to normal.”
Dr. Saha (with whom I was briefly a colleague at LSU) conducted interviews with several of the city’s most well-known bloggers (and the book is a fascinating analysis), but it is worth noting that the core group responsible for launching Rising Tide not only included Moseley (who I mentioned previously) and Leigh Checkman (who Dr. Saha mentions) but also Maitri Erwin, “Scout Prime” of the website First Draft, Pat Armstrong, George “Loki” Williams IV, and a writer who most had known by his pseudonym, Adrastos.
Readers of the Bayou Brief, however, know Adrastos by his real name, Peter Athas, and perhaps one day he can be convinced to write his own analysis of the Fall of the Rising Tide. But for those of us who attended the first several conferences and who read his trenchant, utterly original reporting, there is no question: Peter deserves an enormous amount of credit for cultivating that community and its culture. We are all fortunate (especially me) that he is still writing with the same persistence and gusto.
Recently, a friend and mentor of mine- Lee K. Abbott- passed away. Lee was once called “the true heir to John Cheever,” a compliment that only resonated among those in the world of literary fiction, particularly among aficionados of the short story. Well, take it for whatever it is worth, but I don’t think there is any question: Peter Athas is the true heir to Ashley Morris.
Eventually, the mainstream media re-emerged, bruised and battered yet still breathing. And thankfully, The Lens, the city’s first nonprofit news outlet, was born in the wake of this disruption (thanks to the tenacity and brilliant work of Karen Gadbois), and they’ve done and continue to do some truly extraordinary investigative journalism.
Yet none of this is easy.
The announcement this week that the state’s most important columnist, Jarvis DeBerry, was leaving for Cleveland felt like another gut-punch, and regardless of how John Georges or Peter Kovacs attempt to spin it privately, the decision to silence the state’s best columnist and most prominent African American voice in the media had nothing to do with money, believe it or not.
It’s about who we allow to hold the microphone.
The Cleveland Plain Dealer, understandably, couldn’t contain themselves, heralding Jarvis as a “powerhouse.”
Today, as a direct consequence of decisions made by John Georges and Peter Kovacs, the state’s two-largest publications, both in majority-minority cities, lack a single, top-tier, nationally-acclaimed, full-time African American columnist or editorial board member. (And to apologists for The Advocate, including at least one staff member who objected when I made this point on Twitter, you only underscore the issue when you attempt to diffuse criticism by suggesting that the paper employs one black man who writes once-a-week).
It is an example of the ugliest aspects of our culture and our history.
And it’s also a reminder that, with all due respect to the reporters who legitimately earned a Pulitzer Prize this year for reporting on Louisiana’s non-unanimous jury convictions, this should have been a part of the paper’s headline about the award: “Thanks to J.P. Morrell.”
Instead, they buried his name in the fifteenth paragraph, and in the ten editorials submitted, Morrell was mentioned only three times. Yet he authored the bill; he guaranteed its passage, and when it looked as if it would fail by three votes in the House, he convinced those three legislators to change their minds, not by lecturing them on the law’s racist origins but through inspiring them with the promises enshrined in our Constitution.
When a news organization representing a state that is 31% African American marginalizes those voices, it not only distorts the realities of the present day, it also poisons our politics and threatens to erase a part of our history.
A heap of discarded farm equipment in front of the skeletal remains of a slave quarter on the farmland outside of Cheneyville, Louisiana where Solomon Northup spent the majority of his twelve years as a slave. Photo credit: Lamar White, Jr.
I know I am not the only person for whom the irony is not lost: A month after a newspaper won its first Pulitzer Prize for its coverage of the history and the implications of a practice that had been created as an instrument of Jim Crow and had been finally eliminated because of the advocacy of a black lawmaker, their white executives decide not to do everything they could possibly do to ensure the state’s most respected black columnist could continue his critical work.
This may sound melodramatic to those unfamiliar with the decimation of the Louisiana media; it’s not. Our democracy is dependent on a free press, but when the press is dominated by one or two men who subscribe to a “conquer” or be “killed” philosophy, they abuse what should be considered their sacred duties to serve as responsible gatekeepers and watchdogs.
It also creates more urgency for the Bayou Brief. We are not interested in “competing” against whatever exactly it is the Times-Picayune and the Advocate are selling. Independent analysis of the Louisiana newspaper market reveals readers primarily rely on traditional publications for local weather, sports, and business news, and corporately-owned outlets dependent on advertising revenue are frequently constrained by their ability to conduct investigative reporting for a number of reasons: They simply lack staff with sufficient institutional knowledge (a fact that is true here in Louisiana more than most places); the return on investment is difficult to quantify, and the reliance on access journalism creates a reluctance to jeopardize relationships within the community they serve.
But the Bayou Brief is building a different model, one that is still informed and guided by our shared values but unwilling to waver from our commitment to never compromise those values for financial gain. We don’t need to quantify our return on investment based solely on the revenue a report generates in donations; we can look primarily at the societal benefits. That is, ultimately, did our reporting result in benefitting the public’s interest?
We are also not constrained by the limitations that local outlets have as a consequence of the need for regular access, because we have deliberately built a publication that seeks out stories from all across the state.
Currently, we are only limited by resources, and soon, we will share with our financial contributors an Impact Report that outlines our accomplishments, opportunities, vulnerabilities, and expectations. Obviously, one of our immediate goals is to augment our reporting staff and ensure it includes significantly more racial diversity.
Reaffirming the Magic of Louisiana:
The artist Simon’s work is ubiquitous in New Orleans, but this was his very first “blog” sign.
Without question, Louisiana is a better, more tolerant, and more inclusive place than it was five years ago, when I wrote this:
“Maybe it was when, in the fifth grade, I visited the Evangeline Oak in St. Martinville.
The author, at ten, conducting a guided tour of Evangeline Oak.
“Or maybe it was before that, when my parents took us to Natchitoches, and we stood on a balcony overlooking Cane River and watched the moment a switch was flipped and the entire town became awash in elaborate Christmas lights.
“Or perhaps it happened during the weekends I spent as a kid on the grounds of an old plantation outside of Cheneyville.
“Or sometime during the trips my mother and I would make down to the Children’s Hospital in New Orleans, how the whole place seemed musical to me; even the street signs read like song lyrics.
“It also could have happened in the seventh grade, when my classmates and I drove down to the coast and spent a weekend exploring the surreal landscape of the marshland.
“Or the countless times we stopped into a rickety old restaurant in Livonia and ate, what was to me, the best food in the world.
“More than likely, it’s something I’ve always understood on some level, even before I could articulate it: I grew up in a place that seemed, at times, capable of being truly and unexpectedly magical.”
Recently, I’ve been recording a marathon session of podcasts, and thus far, my guests have primarily been political candidates. Regardless, though, I ask all guests the same final question: “Outside of your own home, where is your favorite place to be in Louisiana?” When I mentioned this gimmick to my colleague Sue Lincoln, she immediately turned the question back on me, and I will admit: It was a much more challenging prompt than I imagined.
My first thought was Kincaid Lake, a man-made reservoir in Kisatchie National Forest where I spent much of my childhood. My grandparents had a house on the lake, and for reasons that had to do with my healthcare (and not due to any family drama), I spent much of my fifth grade year living with them, where they spoiled me rotten. But maybe that was a nostalgic answer. Nearly everything I loved about that place is gone, including both of my grandparents. Their home is still there, but it was ruined by the people who initially purchased it; they decided to chop down every single tree on the land, these beautiful, 30-foot-tall pine trees.
I can’t count New Orleans, really, because it is my home now. But I still have great memories of the time I spent living in Alexandria and working for then-Mayor Roy after college.
Alex River Fete. Photo credit: Kinetix; public domain.
And I have always loved Marksville in Avoyelles Parish, the ancestral home of my paternal grandfather’s family. A few years ago, after 12 Years a Slave won the Oscar for Best Picture, my cousin Frank and a few others organized a spectacular event, reuniting the descendants of Northup with those of his slave owners. It was a celebration of reconciliation and freedom; people flew in from all across the country.
At the end of the ceremony, in front of the courthouse in which Northup officially received his manumission documents, everyone released a balloon into the clear blue sky. This picture doesn’t do it justice, but it was incredibly moving.
Northup Freedom Day, Marksville, LA. Photo credit: Lamar White, Jr.
Epilogue:
We are almost always in a political season in Louisiana, which means we are constantly bombarded with stories about how Louisiana continually ranks at the bottom of lists. For the most part, readers should be mindful that these rankings are compiled and distributed by special interest groups and industries in order to manufacture public support for a range of self-serving policies or as a way of justifying deregulation.
They’re almost never based on scientific polling or peer-reviewed analysis, because the central premise is usually flawed. The media rarely does any digging into determining the sources, the funding, or the methodology of these surveys. Allstate Insurance, for example, just declared Louisiana to be home of some of the nation’s worst drivers; they labeled their declaration a “survey,” and waited for the pliant media to run with the story. It’s the kind of thing people like to reference when they’re making small talk, but it’s actually a phony talking point the industry hopes to use to justify their own outrageously discriminatory practices.
We’re a judicial hellhole, according to a study of corporate lawyers who have never practiced law in Louisiana. And while we should all acknowledge that our public education system is woefully in need of investment, is it really fair to use a parent’s income as a factor in determining whether her school system is awful? Probably not.
One year, Louisiana is ranked the happiest state in the nation; the very next, it’s the worst.
In the five years since I wrote “In Defense of Louisiana’s Magic,” we do know a few things, objectively. Our deficit is now a surplus. Unemployment is at its lowest. Our economy is much stronger, and that has nothing to do with the Trump tax plan. The only threat to our bond capacity are the morons on the State Bond Commission who voted to stop doing business with big banks who decided to stop financing businesses that sell weapons of war to teenage kids. We are no longer the prison capital of the world.
Because of J.P. Morrell, a person can no longer be sentenced to life in prison if two members of the jury believed they weren’t guilty. And because of John Bel Edwards, nearly a half of a million more people have health insurance.
We should not hesitate to call out the state’s failures and shortcomings, but sometimes, we need to be reminded that our politics can only be accountable if we have a press willing to hold itself accountable as well. That’s one lesson Jarvis DeBerry leaves behind as a lasting legacy. During his years with the Times-Picayune, he called out countless wrongs, often subjecting himself to the most vile and racist vitriol.
But to me, at least, his most remarkable and poignant column was when he turned the spotlight back on himself and offered a stirring apology to an extraordinary woman.
On Dec. 11th, 2017, DeBerry demonstrated what journalistic integrity looks like.
“Readers sometimes ask me if there’s any column that I’ve written that I wish I could take back. My general answer is no. There may be issues on which my thinking has shifted some, but as long as my columns reflect the way that I was thinking at the time, I don’t feel any need to be embarrassed by them. There is one glaring exception, though,” he wrote. “Ten years ago I wrote an especially mean column about Kathleen Babineaux Blanco. I attacked her for sport. I mocked and belittled her unnecessarily, and when I look back at what I wrote, I feel ashamed.”
Gov. Blanco comforts a woman during the aftermath of Hurricane Katrina.
And then he included a brief, personal note of apology:
“Governor, I’m sorry for being mean just for the sake of being mean. Criticizing your policies and the execution of your policies was fair game. Going beyond that and mocking you personally as I did in one column was mean-spirited and cruel, and it belied my hometraining. You are a good and decent person, and you’ve exhibited that goodness and decency at every turn.Public service can’t be easy, especially when some of us on press row are acting like asses.”
Godspeed, Jarvis, and good luck in Cleveland. Thank you for your service to the people of this state.
From the time in early 2016 that newly-minted Gov. John Bel Edwards signed his first executive order accepting Medicaid expansion, arch-conservatives in the state legislature have been sounding alarms over purported fraud in the program. And when Louisiana Legislative Auditor Daryl Purpera addressed the Baton Rouge Press Club on Monday, June 24, he didn’t hesitate to wax eloquent on that topic. In particular, Purpera reiterated his “need” to access taxpayer-specific Department of Revenue information. The Revenue Department has refused to provide that data, and presently the Auditor is suing them for it, asking the courts for a declaratory judgment that will authorize release of the information.
In
addition to the cause celebre of
alleged Medicaid fraud, Purpera
also had a few things to say about a new performance audit issued
earlier in the day, which looks at how the Louisiana Workforce
Commission is handling the problem of “misclassified workers”.
“Our
audit samples, covering 2014 through 2018, showed employers
misclassifying workers failed to pay nearly $3-million in
unemployment taxes,” Purpera told the Press Club. “In addition,
they failed to collect and remit an estimated $9-million of state
income tax from these workers.”
This
isn’t about putting someone on the payroll as a receptionist when
she is actually performing the duties of a secretary, to cover up for
paying her less. Nor is it about designating a busboy as a waiter, so
that instead of paying him $7.25 per hour, you can get away with
paying him just $2.13. Instead, as stated in the audit, “Worker
misclassification occurs when an employer improperly classifies a
worker as an independent contractor instead of an employee.”
An
employee is subject to payroll withholding of taxes, and is eligible
for employment benefits such as insurance. An independent contractor
is instead paid a flat amount, and is responsible for paying his or
her own taxes and/or insurance.
“This
is pervasive in some industries,” Purpera stated. “Construction
particularly.”
Federal
law requires each state’s labor agency to annually audit
one-percent of all employers and one-percent of total employee wages,
and this report notes the Louisiana Workforce Commission is in full
compliance with that rule. In fact, LWC is ranked 2nd
in the nation for its employer audit program. This legislative audit
also states LWC consistently found the more misclassified workers
within construction companies than within other types of employers:
on average, 12 workers for each construction firm audited. From 2016
through 2018, 453 audits of construction companies (15.4% of the
total number of employer audits reviewed) revealed 5,493
misclassified workers (or nearly 42% of all the 13,106 workers
determined to be misclassified.)
But
LWC only conducted 2.3% of their total employer audits based on fraud
tips or referrals from other agencies. They looked into the records
of 66 employers, and lo and behold! 2,346 workers were shown as
“independent contractors”, instead of employees. That averages
out to uncovering nearly 36 misclassified workers per completed
audit. In other words, there was some truth to those tips, and the
Legislative Auditor’s office is recommending the Workforce
Commission “strengthen how it selects employers to audit.”
Purpera
phrased it as, “They’re not doing risk-based auditing, and they
need to do that.” The written report on the LWC audit summed it up
succinctly: “We found that audits initiated on tips and referrals,
as well as audits of construction companies, generated the highest
number of misclassified workers.”
The
increasingly common practice of using “labor brokers” to fill out
work crews on industrial construction projects appears to be an
increasingly major contributing factor to misclassification.
Somewhat
like the construction industry equivalent of “temp agencies” for
office workers, Purpera explained, “Louisiana started seeing an
influx of this after Katrina and Rita. These brokers from out of
state hire unskilled or semi-skilled labor, and offer them to the
contractors here, fifty to a hundred workers at a time. The
construction firms list them as ‘contract laborers’, not
‘employees’.”
And
though those workers answer to, and are directed in the performance
of their duties by, the construction contractor (one of the
definitions of “employee” in Louisiana state law) they’re not
put on the payroll and
the construction contractor doesn’t have to withhold taxes or
provide benefits for these workers.
“Labor
costs are 20 to 30 percent less under these deals than for those
contractors playing by the rules.” Purpera explained. “And a
contractor who doesn’t do it right can bid lower on jobs than those
who do go by the rules.”
Although
state law says employers determined to have willfully
misclassified workers (emphasis ours) are prohibited from
contracting, directly or indirectly, with any state agency or
political subdivision of the state for a period of three years, this
legislative audit notes, “Louisiana law does not impose liability
on contractors for misclassification of workers hired by labor
brokers.”
That’s
right. If LWC discovers workers employed through labor brokers are
categorized by construction firms as “independent contractors”
but are de facto employees, the state’s labor department can’t do
anything to the construction firm. It’s a legal loophole big enough
to drive a bulldozer through.
The
only recourse is to go after the labor brokers. To do that, LWC must
first audit them.
This report remarks that “according to LWC, labor brokers often
dissolve their companies and reorganize under new names” to avoid
audits and/or penalties. As a result, “LWC is unable to hold anyone
accountable for these instances of worker misclassification.”
This
performance audit also points out another major barrier to effective
enforcement the requirement to just send a warning letter for an
employer’s first offense. In order to fine an employer for doing
this, LWC must wait a year and then perform a follow-up audit that
shows workers are still being misclassified. Then an employer can be
fined up to $250 for each misclassified employee. After that (and
after yet another year and yet another audit), the fine goes up to
$500 per worker.
According
to this audit, as of January 2019, LWC had conducted only 10
follow-up audits on previously warned employers, finding six
employers still out of compliance, and collecting just $21,250 in
fines. If fines could be imposed immediately at first offense, the
13,106 misclassified workers documented from 2016 through 2018 would
have instead resulted in $3,276,500 in fines.
In
2016, Rep. Patricia Smith (R- Baton Rouge), authored a bill on LWC’s
behalf. It would have deleted the warning letter requirement, and
allowed fines of up to $5000 per misclassified employee on the first
offense. On a second offense, the fine would go up to $10,000 per
individual, and subsequent offenses would cost the employer $25,000
per person. If the same person is determined to be a repeatedly
misclassified employee, that employer could be subject to a $50,000
fine and be sentenced to 90 days in jail. Further, two or more
offenses would render that employer ineligible for any tax rebate,
credit or incentive programs.
As
expected, lobbyists for trade groups like NFIB and the Louisiana
Retailers’ Association came out in opposition to the bill. LABI’s
Jim Patterson testified
in committee that their
group didn’t oppose the concept
of stricter penalties, but
they had a serious problem with
the massive increase in fines.
(Now
remember, LABI was founded in order to bust the construction-related
labor unions through passage of Louisiana’s “Right-to-Work”
law. And back when labor unions had clout, the term used then for the
equivalent of today’s “contract workers” was “scabs”. You
are invited to evaluate LABI’s 2016 statement to the committee with
that in mind.)
Smith’s
HB 665 narrowly passed out of the House Labor Committee, 7-6, but was
defeated 33-59 on the House floor.
The
performance audit states
unequivocally that “the current enforcement process is not
effective at deterring employers from misclassifying their workers,”
and strongly suggests that LWC should continue to work with
legislators to rectify that. It
notes, “If LWC had the legal authority to impose liability on
contractors for their labor brokers that misclassify workers, it
could better ensure accountability for worker misclassification,
ensure the state receives all related unemployment and income tax
payments, and ensure that workers’ compensation coverage is
provided for all employees.”
One
reporter (not me, but Lanny Keller with The Advocate) asked Purpera
if there’s
any data available showing whether contractors working on the
mega-industrial projects getting all the big economic
development-linked tax breaks are more likely to use the labor broker
loophole. Kellar mentioned Eddie Rispone, gubernatorial candidate and
chairman of ISC Constructors, as a specific example.
Purpera
deflected that, instead returning to comment about the post-Katrina
proliferation of contract labor and labor brokers.
It’s
a valid question, especially as regards a candidate for governor –
one who is able to self-fund his $10-million campaign.
A
friend of the Bayou Brief, curious to learn more about the
Louisiana
Workforce
Commission’s
limited enforcement process with employers, filed a public records
request for
“all warning letters to employers regarding misclassification of
workers, from Jan. 1, 2018, to the present.” He received the
following response
For
reasons expressed below, the Louisiana Workforce Commission (LWC) is
unable to comply with your request.
LWC
utilized data in connection with the employers named and contacted
via warning letters transmitted by LWC. The
data utilized was obtained in connection with information received by
LWC in its administration of the state’s unemployment compensation
system. Relative to that, and pursuant to La. R.S. 23:1660.D, all UC
(unemployment compensation) information and records obtained pursuant
to the administration of the state’s UC system are confidential.
Violation of sec. 1660.D subjects the violator to criminal penalties.
This confidentiality would include records relating to the number of
employees reported by an employer to LWC and the associated
unemployment taxes submitted by an employer for each employee
reported, as well as the number of (and details of) individuals from
any particular employer who have applied for unemployment benefits.
Also,
Section 4.1.B(12) of the Public Records Law explicitly recognizes
that La. R.S. 23:1660 is “continued in effect” as an exception to
the Public Records Law.
In other words, the info is classified –
as none of our business.
If you get Louisiana gubernatorial candidate Eddie Rispone, a 70-year old mega-millionaire construction magnate from Baton Rouge, talking about why he is such a passionate believer in the state’s school voucher program, don’t be surprised if he gets emotional. It’s already happened a few times during his quixotic and nearly entirely self-financed campaign. And if you didn’t know any better, that’d seem endearing- a powerful, wealthy man who just can’t help but get teary-eyed whenever he’s talking about education.
“(Rispone) chokes back tears when describing a drive to try to help thousands of children who attend public schools deemed failing by the state, saying ‘God has asked me to do something about his kids’,” Melinda Deslatte of the Associated Press reported.
But if you are familiar at all with the program, then you may wonder if Rispone, a Republican, is simply channeling his best impression of the state’s most lachrymose stage actor, Jimmy Swaggart. Because if you’re going to express any emotion over school vouchers in Louisiana, the only appropriate response would be anger.
Even Secretary of Education Betsy DeVos, the nation’s biggest cheerleader of so-called “school choice” initiatives, acknowledges Louisiana’s voucher program is a failure. “I would just say that the Louisiana program was not very well conceived. It has encouraged some schools that probably would not have been parents’ first choices if they’d been given a full range of choices,” she said last month.
There are compelling reasons to believe that Rispone’s emotional investment in the school choice program is more about a rich man being publicly emotional about his private investments than about an earnest belief in a voucher program so bad that even Betsy DeVos has distanced herself from it.
Dr. Andre Perry
“This has nothing to do with education,” Dr. Andre Perry, a Brookings Institute fellow who has spent his entire career studying race, structural and institutional inequality, and education policy, tells me, after I describe to him the details of Rispone’s central role in developing the state’s little-known and rarely-used Tuition Donation Credit Program.
In simple terms, the program potentially allows Rispone to not only zero out his state income tax liability but also to reduce his federal tax exposure by hundreds of thousands of dollars every year.
I first met Perry five years ago when he was working as an Associate Director of an initiative at Loyola University in New Orleans, assessing and researching post-Katrina educational reforms and their impact on marginalized communities. His upcoming book, scheduled for publication in January of 2020, is titled Know Your Price: Valuing Black Lives and Property in America’s Black Cities. There are few, if any, who understand the realities and consequences of education “reform” policies enacted primarily during the Jindal administration better than Perry, and for reasons I will explain soon, Perry is right to be skeptical about the real reason Eddie Rispone is so passionate and emotional about a relatively small voucher program that has performed abysmally.
Eddie Rispone (left) visits Sec. Betsy DeVos (right) at the U.S. Department of Education.
I imagine things may have become a little awkward between the embattled Education Secretary and the wealthy businessman with a direct line to God when DeVos, uncharacteristically, criticized Louisiana’s program.
Because with the exception of former Gov. Bobby Jindal, Eddie Rispone is more responsible than anyone else in championing the state’s voucher program. He’s dumped an enormous fortune underwriting pop-up advocacy groups promoting school choice.
In 2011, a year before Jindal signed the school voucher program into law, Rispone and his wife spent $750,000 producing a school choice documentary titled “The Experiment.” The film’s trailer begins in New Orleans with the image of a dead body of a black man being covered with a tarp, immediately exploiting a family’s tragedy as a way of introducing a movie that is, ostensibly, about school choice. The filmmakers also manage to sneak in interviews with two of Louisiana’s most prominent Democrats, former Gov. Kathleen Blanco and James Carville, leaving viewers with the mistaken impression they both were supportive of privatizing public education when, in reality, they were simply commenting on the ways in which Hurricane Katrina forced leaders to consider different ways of investing in public education after the city had to confront what had been, at the time, how to best recover.
Recently, a collaborative investigative series on Louisiana’s school voucher program by Fox 8, the Times-Picayune, WWNO, and the Center for Investigative Journalism- “The Cost of Choice”- emphasized Sec. DeVos’ comments, which were, without question, newsworthy. The problem is that we knew it “was not very well conceived” from the very beginning, when Bobby Jindal declared it to be the largest and most ambitious school voucher program in the nation and the Wall Street Journal gushed that it was Gov. Jindal’s “Education Moon Shot.”
While “The Cost of Choice” series deserves to be seen by anyone in Louisiana who is concerned about education policy, it primarily served as a reminder of how little the story has changed since the program was signed into law in 2012, and it’s refreshing that the program has received renewed scrutiny. During its first three years, Louisiana’s program had continually attracted significant national attention, though since then, the program has largely remained out of view. Former Gov. Jindal failed to make it the most expansive voucher program in the nation, and fortunately, it’s languished.
The whole experiment was and still is a complete farce, a cynical effort by an embattled and deeply unpopular governor to stage a theatrical performance billed as the kind of red meat he had hoped would persuade Iowans to support him in the Republican presidential caucus. As I once wrote in the online publication Salon, Jindal had hoped to recruit a network of homeschooled teenagers and their parents to operate his ground game in Iowa. Obviously, that didn’t work out as planned.
Following the 2015 statewide elections, the new governor, John Bel Edwards, did not enjoy the type of influence over the state education policy as Gov. Jindal had, not because Edwards shirked from those responsibilities but because an unprecedented and coordinated surge of spending by wealthy advocates of expansive school choice polices ensured the Board of Elementary and Secondary Education (BESE) remained narrowly in the control of the very group of people responsible for helping Jindal create this fiasco. Eddie Rispone and his wife personally sank $200,000 to help elect a slate of pro-school choice BESE members.
I’ve been covering the Louisiana voucher program from its inception, and it’s one of the primary reasons my work eventually gained a statewide and, occasionally, a national audience. Yet until I began digging into Eddie Rispone’s crucial behind-the-scenes role and machinations, I’d believed, perhaps naively, that the difference of opinions on school vouchers were animated by simple ideological and religious differences.
Advocates of “school choice” usually frame the issue around a type of libertarian rhetoric about religious freedom, but the messaging around school vouchers has always been much more problematic and complicated, often specifically targeting African-Americans by attempting to diminish the schools that have historically been sources of cultural pride and identity and objectifying the lives of people in those communities.
Recently, during a campaign event at T.J. Ribs in Baton Rouge, Rispone admitted to the audience that he had, in fact, been the benefactor of the television commercials that aired during the very beginning of John Bel Edwards’ first term featuring an African American woman who stared directly into the camera and called the governor a liar for daring to propose a cut in funding to the voucher program.
At the time, the state was confronting a $1.6 billion shortfall, and due to the intransigence and the gamesmanship of a small contingency of far-right partisan Republicans in the state House, nearly all of whom were taking their cues from U.S. Rep. Steve Scalise and former U.S. Sen. David Vitter, the state had been left with no alternative but to propose across-the-board cuts, including significant reductions for programs vastly more important and consequential than ensuring we paid for a child to attend a private school with the name Saint or Academy in it than a public school that didn’t sound as prestigious, even if it offered a better education.
With the state on the brink of falling over the fiscal cliff due to the negligence and wanton mismanagement of the Jindal administration, this is how Eddie Rispone decided to spend hundreds of thousands of dollars:
The commercial features a 55-year-old woman from Kenner named Coretta Pittman who stares directly into the camera and complains about the possibility of losing school vouchers for her young children. Unwittingly, Ms. Pittman reveals herself to be either a paid actor or an completely ignorant about the school her children actually attend.
It earned a D grade from the state.
So, the questions remain: Why does Eddie get so unsteady and emotional about this particular program? How is it that a wealthy white conservative who spends a fortune promoting candidates who oppose healthcare expansion and are supportive of initiatives like the Industrial Tax Exemption Program are hyperbolically supportive of a failed voucher program that takes resources away from struggling public schools in order to prop up even worse private schools?
There is, in fact, a simple answer, and unless Eddie Rispone’s wealth manager is nicknamed God, it has nothing to do with any message he’s received from the Almighty.
You see, Eddie Rispone, when he served as Chairman of the Louisiana Federation for Children, was directly responsible for promoting and helping to pass an amended tax scheme that allowed him to avoid paying 95% of his state income taxes, ensuring that nearly every dime he donates to a parochial voucher school is eventually given to the school instead of to the state. Initially, the law treated such donations as a deduction (though they called it a rebate); today, it’s a tax credit.
But regardless, the programs both also allow him to write off the remaining 5% as a tax-deductible charitable donation and therefore, due to a rule change under the Trump Tax Plan, avail himself of an enormous discount on his federal taxes.
I have written about the scam scheme before, in a report published in April of 2018 titled “In Louisiana, there’s a way for the wealthy to avoid paying state income taxes.”
In Rispone’s particular case, here’s an example of how it works:
In December of 2014, he donated $1 million to ACE Scholarships Louisiana, a Student Tuition Organization, and according to an audit of ACE, 100% of his donation was rebate eligible.
While we do not know Rispone’s income or how much of his donation was used toward scholarships, it’s possible to estimate how much Rispone could have profited off his $1 million donation. If Rispone’s entire donation was used for scholarships in 2015, assuming Rispone did not donate more than 50% of his annual gross income and that he was in the highest income bracket (36.9% marginal tax rate), Rispone’s donation qualified him for up to a $950,000 rebate from the State of Louisiana and a federal tax savings of $369,000.
Therefore, his $1 million donation had a potential return of $1,319,000 ($950,000 + $369,000) for a profit of $319,000. (Incidentally, Rispone’s company earns approximately $350 million a year, and personally earns just 5% of that revenue, his state income tax liability would be around $1 million).
No wonder the subject makes him weepy.
According to the American Association of Superintendents, Louisiana’s program may be terrible for the state and may not have anything substantive to do with education, and it ranks dead last.
“People like Rispone seem more interested in self-hoarding their wealth than improving education,” Andre Perry tells me. “Any state (as poor as Louisiana) needs revenue and should not have laws like these on their books.”
By Cayman Clevenger, Chairman of the Board of the Bayou
Brief, New Orleans, LA
On Wednesday, June 12, 2019, in a packed conference room on the second floor of The Advocate’s New Orleans headquarters, Lamar White, Jr., founder and publisher of the Bayou Brief, was honored as one of Gambit’s 40 Under 40, a well-deserved recognition of a lifetime spent in pursuit of a better Louisiana while always embracing and chronicling the unparalleled beauty of this state and its people.
Honoree Lamar White Jr (center) pictured with his lifelong pal Daniel (left) and mother Carol (right) at Gambit’s 40 Under 40 celebration in New Orleans.
I’m often asked why I believed it was so critically important that Louisiana have a statewide nonprofit journalism outfit. For me that’s a simple answer: we need a publication that is singularly focused on the art, culture, news, people, and politics of Louisiana. Lamar and I share a deep and abiding love for this State above all else. Lamar, better than anyone I’ve ever read, explains the way I feel about Louisiana in his piece “In Defense of Louisiana’s Magic,” a response to a major national publication writing a piece about Louisiana not being “made of magic.”
We need local voices like Lamar’s, Sue Lincoln’s, and our
other fantastic contributors at the Bayou Brief to defend and preserve
Louisiana’s institutions and our magical culture.
Truly, Lamar’s ability to take the written word, even when
writing about the mundane or confusing, and make it all at once interesting,
moving, relatable, and powerful, is truly a gift and a cultivated skill that is
fully deserving of the accolades of Gambit’s Top 40 under 40. It is also deserving
of the support of the readers of the Bayou Brief, and of the respect of
everyone fortunate enough to have ever called this State home.
Please join me in congratulating Lamar on a well-deserved honor!