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Tongues wagging over gay Cabinet member

Will Obama name nation’s first gay commerce secretary?

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An upcoming vacancy in the White House cabinet has tongues wagging in the LGBT community over whether President Obama will make history by appointing an openly gay commerce secretary.

Last week, Obama announced his nomination of current Commerce Secretary Gary Locke to become U.S. ambassador to China. Provided he meets the 60-vote threshold to receive Senate confirmation, the vacancy created by Locke’s departure would create the opportunity for the appointment of an openly LGBT person to his former role.

The nomination of an openly LGBT person to the position of commerce secretary would be historic because no openly LGBT person has ever been nominated for a cabinet-level position.

Justin Nelson, president of the National Gay & Lesbian Chamber of Commerce, said the appointment of an openly LGBT commerce secretary would be fantastic and bolster the relationship that already exists between the Commerce Department and LGBT people.

“I think it would only seek to strengthen that relationship and mean a lot for not only LGBT-owned businesses, but businesses in general,” Nelson said.

Nelson noted that Locke signed a memorandum of understanding with NGLCC to collaborate on key department initiatives, which will remain in effect for five years. Among other things, the partnership helps promote contracting opportunities for LGBT-owned small businesses with the U.S. government.

Richard Socarides, president of Equality Matters (Blade photo by Michael Key)

Richard Socarides, president of Equality Matters, also said the nomination of an openly LGBT person to the role of commerce secretary would be significant for the Obama administration.

“I think it would be an important first for there to be an openly gay cabinet member, and I think President Obama, while he’s president, should definitely try to make that happen,” Socarides said.

But Socarides added the LGBT community is “a little bit beyond the politics of appointments” and said nominating an openly LGBT commerce secretary would be less significant than other actions Obama could take.

The LGBT community would be better served, Socarides said, by the appointment of an LGBT person within the president’s circle of close advisers, where he or she could have an important impact on LGBT issues.

“I would love to see a gay cabinet member, but I think it’s more important that President Obama put somebody at the White House with seniority in charge of LGBT policy issues,” Socarides said.

The Presidential Appointments Project, a Gay & Lesbian Victory Fund-led initiative, has been pushing for the appointment of openly LGBT officials within the Obama administration. The Victory Fund declined to comment for this article.

Fred Hochberg, who’s gay and director of the Export-Import Bank of the United States, has emerged at the top of the list of LGBT business experts who could fill the role of commerce secretary.

Hochberg, who has a background in business management and once served as deputy administrator of the Small Business Administration, was cited in 2009 as a contender for the position of commerce secretary when it was first open in the Obama administration.

Socarides said Hochberg is a solid contender for the position because he’s close to the president and “extremely well qualified.”

“Fred is perpetually on the list of people who would be a good commerce secretary because he’s part of the Democratic establishment, he’s served and been confirmed before and he has a stellar business background,” Socarides said. “He certainly, I’m sure, would be on anybody’s short list.”

Nelson also said Hochberg would be a fantastic choice for the position of commerce secretary because of his previous work in the administration.

“The work that he’s done at the Export-Import Bank and his commitment to helping build exports for the next five years has been a huge help to the president and the administration,” Nelson said. “Certainly, his understanding of business and commerce would serve the president well.”

Phil Cogan, an Export-Import Bank spokesperson, said Hochberg would be happy to engage in any position the president asks him to fill during the course of the Obama administration.

“He’s honored to have the job he has now, but he would serve the administration in any way that he’s asked to,” Cogan said.

Another openly gay contender for the position of commerce secretary could be Jim Kolbe, a former Republican congressman from Arizona. An expert on trade, Kolbe left Congress and now works as a fellow at the German-Marshall Fund, where he has specialized in trans-Atlantic trade issues.

Jim Kolbe (Blade photo by Michael Key)

Nelson counted Kolbe as among those who could fit the bill for commerce secretary.

“He has a firm understanding of policy,” Nelson said. “Certainly having served on the board of Export-Import Bank, having served in Congress and his work on behalf of the business and the LGBT community would make him another excellent choice.”

Kolbe endorsed Republican presidential nominee John McCain during the 2008 election, which could work against him in winning a position within the Obama administration.

Kolbe told the Blade it is highly unlikely he is under consideration for the post.

Potential openly gay nominees would have to compete with a handful of other high-profile contenders for the position. According to Bloomberg News, those who are under consideration are former Pfizer CEO Jeffrey Kindler, Google CEO Eric Schmidt and Ron Kirk, a U.S. trade representative who has undertaken a leading role in pressing the Obama administration’s trade agenda.

Shin Inouye, a White House spokesperson, wouldn’t rule out that the president would nominate an openly LGBT person as commerce secretary.

“The president will consider a range of qualified candidates, but we are at a very early stage in the process and no decisions have been made,” Inouye said.

Whatever the sexual orientation of the next commerce secretary, LGBT rights supporters maintain the new official could take action that would benefit LGBT Americans as a whole.

Socarides said an important role for the commerce secretary would be to bolster efforts for passage of the Employment Non-Discrimination Act to protect LGBT Americans in the workplace.

“The commerce secretary should be a strong advocate for ENDA,” Socarides said. “ENDA is about basic fairness in American business and the only way we’re going to get that bill through the Congress is if business advocates for it, especially this Congress, which seems very focused on doing what’s right by and for business.”

Socarides said the commerce secretary ought to point out that an increasing number of companies on the Fortune 500 list have non-discrimination policies based on sexual orientation because it makes them more competitive in the marketplace.

Similarly, Nelson said the next commerce secretary should promote legislation in Congress that would eliminate the federal tax paid on employer-provided health coverage extended to LGBT workers with same-sex partners. In the previous Congress, the bill was known as the Tax Equity for Health Plan Beneficiaries Act.

“That’s something that should be common sense whether you’re a Democrat or Republican, whether you’re gay or straight,” Nelson said. “The fact of the matter is, for small businesses in particular, it’s a real burden to have that additional tax to offer domestic health care benefits.”

But Nelson said the next commerce secretary should fit the mold of Locke and understand generally the importance of business to the economy.

For example, Nelson said the official should support tax credits to allow small businesses to invest in infrastructure and promote international trade opportunities.

“It doesn’t matter what your ethnic background is, what your sexual orientation or gender identity is, when it comes to business, it means we’re here to help the American economy and help folks like many LGBT businesses that are a part of this small-business engine that’s getting our economy back on track,” Nelson said.

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Minnesota

LGBTQ Minnesotans speak out amid ICE crackdowns

‘Our nervous systems are not set up to live under constant threat’

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Thumbnail design by Sophie Holland.

Uncloseted Media published this article on Jan. 31.

By HOPE PISONI, SAM DONNDELINGER, SPENCER MACNAUGHTON, and TAYA STRAUSS | Since the start of December, Minneapolis and St. Paul, Minn., have been under the thumb of an extremely heavy presence of the U.S. Immigration and Customs Enforcement.

During the crackdown, which the agency refers to as “Operation Metro Surge,” at least 3,000 people — mostly undocumented immigrants — have been arrested so far. Tensions came to a boil in January when federal immigration enforcement agents shot and killed poet Renee Good and ICU nurse Alex Pretti on separate occasions. In response, Minneapolis-area residents have started to push back. On Jan. 23, Minnesotans organized the first citywide general strike in the U.S. in nearly 80 years, with tens of thousands protesting and over 700 businesses closing in solidarity. And additional protests are taking place nationwide in at least 36 states over Jan. 30 and 31.

Many queer people have been on the frontline of these protests. We spoke with six people on the ground in the Twin Cities to learn more.

Watch the full interview above or read the transcript here:

SPENCER MACNAUGHTON: Hi everyone, I’m Spencer Macnaughton, and today I am here with six queer folks from the Minneapolis area. Everyone, thank you so much for speaking with me and Uncloseted Media today.

ALL: Thanks for having us.

SM: Yeah, great to be with you. And obviously we reached out to you all based on the headlines. And a lot of what’s playing out at the national level is happening right there in Minneapolis where you guys live. And I just wanted to start to really get a pulse check. How are you guys feeling right now? I have not been in Minneapolis. For folks who only see what’s unfolding on social media or on TV, take us inside what life has been like for you all the past few weeks.

RACHEL DOMINGUEZ: It’s incredibly stressful. Our nervous systems are not set up to live under constant threat. That’s the biggest thing that I think people are not understanding about what’s going on. And I’ve lived in Minneapolis for 41 years. We had a little dress rehearsal for this about five years ago, but it was nothing — there was no precedent. There’s no precedent for this. It’s like water about to come to a boil. Everyone here is stressed out. We’re angry. We’re scared for our safety, for our neighbors’ safety, for our livelihoods. We have no idea when this is gonna stop. Oh, and it’s two fucking degrees out.

JUNE REICHERT: It’s hard to go on like normal when this is happening. Part of my, and I’m sure everybody in your profession, is to not even acknowledge it. Pretend that everything’s okay while you’re at work, while you are going to school, while you are going shopping and everything. And little do you know, down the street, a Somali family is being harassed for no good reason. It brings this feeling of sorrow, especially when it does affect your professional life. When somebody who you’ve been working with for a long time, all of a sudden, as part of my job, I can’t get a hold of them. I work with a lot of people from the Hispanic community and they’re just gone. And you just sit wondering. It’s horrible. It’s a horrible feeling.

SM: And June, tell me more about that. That actually happened?

JH: So for what it’s worth, I sell insurance. I have had clients who have been picked up and I can’t get a hold of them. I mean, I can verify what happened to them, but these people I’m able to get a hold of every single day when I need to, to take care of this, that or the other issue. And now I can’t get a hold of them for a week straight. What am I supposed to think? You know?

SKOT RIEFFER: My day job, I work for a catering company. We have no work at my catering company for the next two months because every single event has canceled because of the ICE occupation. And these events are things from corporate events to weddings. And we’re all now without a job, essentially. My catering company is maybe 30 percent white people and so all of us are checking in with everyone else all the time. One of our folks, also a member of the Hispanic community, has lost four family members. They just got kidnapped. And they’re just gone.

ALICIA KOPP: I am the child of a migrant. I’m from a mixed heritage. My father is from Guatemala. He’s been a citizen since ‘83. Right now, we’re not letting him leave the house. We’re running all errands. The stress that you had spoken to earlier, Rachel, that is definitely wearing thin on all of us.

SM: I mean, what type of mental health effects is that having on him by not being able to leave the house and also probably understanding the reasons why he’s not leaving the house?

AK: When I handed him things like, I showed him what was in a whistle kit with the red cards. This is an emergency contact card. On the inside, the top part says, “help me,” and it’s got whoever’s holding it, their information. The bottom has their loved one and their lawyer and contact information. And they carry this in one of these red cards that on one side has your constitutional rights and on the other side says what you would tell to an immigration agent if they tried to stop you. Or you would just put it up to the window in your car or slip it through, so that you don’t have to talk to them. Now, what good it does? Yeah, I don’t exactly know. Because they’re not exactly following the rules, they kind of tell a lot of people, “That doesn’t matter, we don’t care.” But with this contact card, you have it on you, you literally hand it to somebody if you feel like you’re about to get picked up and say, “I need help. Contact this person for me.” Trying to explain to my dad why, even though he’s a citizen now, I wanted him to have this on him if he’s leaving the house? That was hard. And he was a little belligerent at first. I’m just like, “Look, you’ve kept me alive for 50 fricking years. It’s my turn to do the same for you. And right now, they don’t care that you’re a citizen. They just see you and they go, ‘Yep, we don’t want him here.’ And they’re gonna take you away. You’ll be away from your medicine. You’ll be away from us. It will take us how long to figure out where you are.” Even if it’s like hours, that probably isn’t great for somebody that probably shouldn’t be rassled to the ground by young dumb men or women or whoever they are. But you know, it’s hard. It’s really hard for him and it’s hard for all of us because you don’t wanna have to talk to your parents like that.

TERRESA HARDAWAY: I just wanted to comment on how I’m feeling in this moment, and I would say that while I am tired, I’m not exhausted. And it’s because Black people have always been under occupation. And I’m so happy that people are coming to the realization that state violence and national violence is something that affects all of us. But I gotta say my exhaustion probably comes from the long story posts and the Instagram posts of people realizing for the first time that they are also a part of this system. And they realize that they are also subject to be attacked and to be violently murdered in the street, just like Black people, I think that’s where my exhaustion might come in. But I will say, because we are used to this, I know that this is not gonna be the final moment. I don’t want to hold onto this hopelessness that I feel like a lot of folks who are just coming into that realization are starting to feel on their own. And so we have to just keep fighting. And as tired as we are, now is the time for us to actually push the system that we want to stop harming our neighbors.

SM: And how do you push a system in this moment? What is the strategy in terms of pushing? Because, you know, it does feel like a moment where change could happen because there’s so much attention on it.

TH: There are many, many ways that folks can tap into mutual aid networks, can tap into organizations who have been advocating for immigrant rights and equity in those spaces. If there are holes within our neighborhoods that need to be filled, people need food, people need supplies, and they aren’t comfortable leaving their house, there are organizations who have already been doing that work that people can tap and support. People can become legal observers. There is a lot of things that folks could do. This anxiety that I know that we’re all feeling and this exhaustion? I would say focus that into some of the work that’s already happening.

RD: My kid has only gone to Southside Family School for his entire life. That’s where Renee Good, that’s where her kid went. Still goes there actually. So, our kids, first off, they couldn’t be in school. Because the New York Post ran some bullshit article about how our school was some like communist indoctrination training center that recruited her to join an ICE watch. And then all of a sudden death threats, bomb threats, people coming into the teachers’ houses and knocking on the doors and running away. Bomb threat, they had to bring the dogs in. So my kid didn’t even get to go to school for two weeks and now they’re back in school in a secret location. Like this is the fucking Taliban that we’re hiding from.

SM: Wow.

RD: I can’t even say where my kid goes to school. We’re not even supposed to text it.

SM: I’m sorry you have to do that. And I, yeah, and we’ve all seen those harrowing headlines and images of children as young as 2, as young as 5, being taken by ICE over the last few weeks. I wanted to ask more broadly, for the kids you guys know in your life, what is the impact this is having on children?

AK: A lot of stuff for kids are being canceled. I know that the Minnesota Orchestra has canceled their Young People’s Concert Series for the time being because it’s just not safe to go down there. The students that auditioned last spring to be part of the All State Ensembles, all of their concerts have been canceled because it is just not safe.

SR: My partner and I have started doing neighborhood patrols because there’s a daycare two houses down from ours that caters to our small little, poor community around here and everything like that. And so there’s a lot of different folks who go to this daycare. And so every morning from 7:30 ‘til 10, I’m out there, and then from 3 until 5, which is the pickup times. And so we’re out there as observers.

And there’s been some real scary things, and one thing that is really burned in my head was this dad came up and was chatting with me and thanking me for being there and whatnot. He said to me that his kid, his daughter came up to him and asked him, “Dad, what do I do when the men come and take my friends?” And he didn’t have an answer and he was like, “I feel like my job as a dad is to be able to answer these questions and I do not have an answer” and he was sitting there, and we’re outside, it’s –10 and he’s crying. And I’m crying. And our tears are freezing to our damn faces and all I can do is just nod and hug this guy and just be like “yeah, I don’t have an answer either, man.”

SM: You mentioned the ICE patrolling. Tell me about what that is, what you do and why you’re doing it.

SR: We’re just looking for suspicious vehicles. So if out-of-state plates, a slew of identical looking SUVs drive by, we’re marking it, we’re reporting it to the other people in our Signal groups and everything like that. And then in the situation, just the other day, there were three black SUVs that drove by, all of them with ICE agents in full equipment, everything. So we reported all of that. We’re monitoring, we’re taking pictures, we are marking plates, we’re running plates if needed, and just letting every — like there’s a Hmong Market just down the road, and so we let them know. There’s a small, kind of a strip mall that’s almost all owned by people of color, and we call one of them and then they distribute the word and they’ll lock their doors if we see anyone. Just things like that.

SM: When you say you report it, who do you trust right now to report to?

SR: Our neighbors.

SM: Your neighbors.

SR: We have a Signal group, I’m part of several Signal groups. I will get called. Someone will tell me and be like, “hey, we need a big white guy here right now.” And I will show up. And then when I get there, I see things, I take pictures, I send it to that group and I send it to my group of my immediate block of neighbors. And so then they all know, and then they’ll either go check on the neighbors next door who didn’t respond in the group or will drive to the daycare or whatever is needed to do.

SM: Maybe this is a dumb question, but why do you think they’re saying “we need a big white guy”?

SR: I mean, I’m just as likely to get shot and killed and kidnapped and everything as anybody else at this point. But if they’re trying to push the agenda that these types of people are bad people and whatnot, and if in every camera frame that they have, if there’s someone who looks just like you? That bullshit narrative, it’s harder for them to sell it. If I’m standing there, it’s harder for them to sell it. And I hate it. It sucks on so many levels, obviously.

SM: Can people talk about what they’re doing to push back?

TH: Yeah. I think for me and my teams at Blackbird Revolt and Black Garnet Books, we have these spaces. And so this is something that we didn’t have in 2020. And so being able to activate these spaces, hosting a poster making and community space for folks to come together who do feel similarly and just want to be in space with each other has been really amazing. We are also holding a drive where folks can purchase a book, that’s either in English, Spanish or Somali, that we’re able to deliver to families that don’t feel comfortable leaving their homes.

RD: The people here, we don’t have any faith in the politicians, that they’re going to do anything meaningful or that they have any power at all. We don’t have any faith that the police are going to protect us or that the National Guard is gonna protect us or that Tim Walz or Jacob Frey or any of them are gonna be able to protect us.

SM: Why don’t you feel like you have faith in Jacob Frey? I mean, when I see him on TV and he’s saying “get the hell out,” it seems like he’s giving his best effort, but is that a sentiment that is not felt on this call?

SR: It’s super fucking easy to say “get the fuck out.” We’re all saying that, but all of us are also in the street. All of us are also helping, donating food, donating time. Where the fuck has he been?

TH: I’m seeing the real people who are standing up for these communities out at the protest. I ain’t never once seen that man and that man just stay talking shit and never moves and never has any action behind it. Fuck that man. Fuck all of this whole, “get the fuck out.” Stop, anybody can say a cuss word, but you actually have the power to pass policy and you’re not doing it. So it’s not about not having faith. We have a history of seeing them say shit and then not backing that up with action. So it’s not about faith. We have a historical record of y’all not doing shit for the people.

SM: So let me ask then quickly, what do you want him to do? What could he do that would be meaningful right now if he could actually do, that’s within his power?

JH: If you don’t want to start a constitutional crisis by arresting an ICE officer while he’s doing the awful things that he’s doing, fine, I guess. I would argue differently.

RD: No, that’s not fine. That’s what they should do. That’s what they could do.

JH: Correct.

RD: They could get some fucking balls and call the commanders into their office and say, “Look, are you loyal to the constitution or are you a Nazi that’s gonna fold?”

JH: If these people want to preserve whatever level of normalcy that we know has not existed as Rachel, Terry and Alicia have all described, then citations, parking violations, trespassing violations, these people are using their administrative warrants, that are not admissible to use to enter people’s homes, to enter people’s homes. And they aren’t getting trespassing citations for that. They aren’t getting charged for that, I don’t even think the mayor has talked about the fact that they’re doing that. And these are all things that are actions that can be done instead of tweeting really hard. I want action. I don’t want words. I don’t want you to look like a big tough guy and to get all the people on Twitter or Bluesky or whatever to go, “Oh, he owned him.” I want them gone. I don’t want them here anymore.

SR: He could at the very least talk to us. All he’s doing right now is talking to the media. Talk to us, show up. Maybe he’s doin’ shit behind closed doors. Okay fine, but tell us. Talk to us. Come out, listen. Talk. Be present.

SOREN ASTER: One thing we did at the clay pit as well is I changed it to appointment only. I did as much research as I could on how to keep ICE from coming into the public space of my business, and I found that by making it by appointment only, the whole space becomes private and they cannot come in. So my door stays locked. I let people in as I see fit, but just as another form of precaution, keeping those doors locked. It’s an absolute nightmare.

SM: It literally sounds like it’s created a situation where every move you make is nerve-wracking because of what’s happening.

SA: Absolutely.

SM: I’ve heard many people saying that what’s unfolding in Minneapolis is a queer story. And I find that interesting. And I’m curious, do you guys agree with that?

JH: I want to push back a lot on the idea that this is a very queer thing that’s happening. As a transgender person, I’ve been a community activist for quite a while, especially in 2022 when the federal government, from my perspective, was failing to protect my trans siblings in states like Florida and Texas. There’s a lot of my activism that I do that is directly fueled by my queer identity. My neighbors, my friends, my colleagues, my clients even, are being attacked by a force that is an invasion to our city and our state. And it is on me as a human with human emotions and a personal connection to this place to protect my community, and that’s got nothing to do with me being gay. The motivation is, in this instance, for one of a very rare time in my experience, very disconnected from my queer identity. It’s got more to do with protecting Minnesotans. It’s got more to deal with protecting communities, immigrant communities and communities of color who people who look like me, as we’ve discussed here, famously just don’t even bat an eye at, and it’s wrong.

SA: I don’t think it’s an inherently queer thing, but I think that queer people and Black and Brown people are used to having to rely on our community, rather than our government and other people to get the things that we need and to get the support and to make things happen. We’re used to having to riot, and we’re used to having to scream and try and get people to listen to us and our stories. And so I think when this started. The first people that really knew what to do and how to do it and how to organize are those people. And so I think that it’s one part of the story.

SM: One thing we had mentioned earlier is what happened in Minnesota in 2020. Many have compared what’s happening now to the George Floyd protests of 2020. Um, how do you guys compare it? How is it different? How’s it similar?

AK: The big difference? We knew who the police were, we kind of know who these people are, but we don’t know who those people are. We know that they are some of the same people that were let out of the Jan. 6 stuff because of the pardon. And we know they’re likely a lot of the cops that left the profession because they couldn’t beat up on people so freely in Minneapolis anymore with some of the initiatives that have been trying to change the culture of our police forces.

Editor’s Note: While some government officials, including U.S. Reps. Jamie Raskin (D-Md.) and Steve Cohen (D-Tenn.) have called for the DOJ to release information on any participants of the Jan. 6 insurrection employed by ICE, no details have been published. Additionally, several police chiefs and sheriffs have reported that ICE has tried to poach their officers for recruitment, but Uncloseted Media was unable to confirm any cases of this in Minneapolis.

TH: I think for me, I compare it to the longevity of support that’s gonna be happening. I think that after a year, after the protests, after the uprisings, it went back to business as normal, business as usual. I’m also a runner. And so when I’m gonna run a short distance, if I know I’m just trying to get a fast-ass time running a mile, I’m gonna run at that at full velocity. And I feel like people who are just getting activated, that’s what they’re doing. They’re running at it at full velocity and then they get exhausted. Y’all need to run this as if it’s gonna be a 50 mile race. I think for me, how I was activated during the uprisings, I’m really leaning on community. I am texting my group of white allies and being like, “Y’all, I need y’all to pick this up. I need you to help me here, dah dah dah.”

JH: It is unfortunate to me that many people, similar to in 2020 and 2021, will see the immediate aftermath of something and see Derek Chauvin got arrested or whatever it is, and they’re done. And that’s it. And we made the change. And now we can go back. It’s a joke in my community: We can go back to brunch. No we can’t. We’re not done. And they think once ICE is out of Minneapolis and the white people stop dying, then they can just go back to sipping their tea. And I’m worried about that. So it’s a push and pull, and I really want to remain optimistic, and I know there is a future worth fighting for. But I’m also worried that some people will see the short-term victories and give up.

SM: Trump has said that Minnesotan protesters are “left-wing agitators.” I want to know, maybe as a last question, I want to know, how important is protest and what else is getting you through right now?

AK: Well, protest is very important to me, but also understanding the multitude of ways that you can participate in protest. You don’t have to be out necessarily facing off with people that are on an opposing side. You are doing protest by maybe doing a Zoom concert because your concert got canceled and you’re still going to play. Or by delivering food for neighbors and other health and home needs, like laundry detergent is a huge one right now that people need as well as just things like shampoo and soap.

SA: All of the reactions that have happened are really logical when you think about it from an outside perspective. If you take out left and right and the political ideologies of it all, people are coming in and abducting people that are here, mostly not committing crimes. A lot of people, perfectly legal. In any other situation, I think the logical answer would be to fight back and to step up to your community and do what you can to prevent those kidnappings and to prevent that violence from happening.

TH: Protests were so important that it is the first amendment. And so when we get asked things like, “Why are we protesting?” The country was founded on that. I don’t want people to just only relate it to Black people or just to trans people. It was something that was laid at the foundation of this country. We do get to say what we want our government to do and protest is our way of being able to speak out about that. And if you weren’t comfortable with that, you shouldn’t have ran for president.

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Florida

AIDS Healthcare Foundation sues Fla. over ‘illegal’ HIV drug program cuts

Tens of thousands could lose access to medications

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(Photo by Catella via Bigstock)

Following the slashing of hundreds of thousands of dollars from Florida’s AIDS Drug Assistance Program, AIDS Healthcare Foundation filed a lawsuit against the Florida Department of Health over what it says was an illegal change to income eligibility thresholds for the lifesaving program.

The Florida Department of Health announced two weeks ago that it would make sweeping cuts to ADAP, dramatically changing how many Floridians qualify for the state-funded medical coverage — without using the formal process required to change eligibility rules. As a result, AHF filed a petition Tuesday in Tallahassee with the state’s Division of Administrative Hearings, seeking to prevent more than 16,000 Floridians from losing coverage.

The medications covered by ADAP work by suppressing HIV-positive people’s viral load — making the virus undetectable in blood tests and unable to be transmitted to others.

Prior to the eligibility change, the Florida Department of Health covered Floridians earning up to 400 percent of the federal poverty level — or $62,600 annually for an individual. Under the new policy, eligibility would be limited to those making no more than 130 percent of the federal poverty level, or $20,345 per year.

The National Alliance of State and Territorial AIDS Directors estimates that more than 16,000 patients in Florida will lose coverage under the state’s ADAP because of this illegal change in department policy. Florida’s eligibility changes would also eliminate access to biktarvy, a widely used once-daily medication for people living with HIV/AIDS.

Under Florida law, when a state agency seeks to make a major policy change, it must either follow a formal rule-making process under the Florida Administrative Procedure Act or obtain direct legislative authorization.

AHF alleges the Florida Department of Health did neither.

Typically, altering eligibility for a statewide program requires either legislative action or adherence to a multistep rule-making process, including: publishing a Notice of Proposed Rule; providing a statement of estimated regulatory costs; allowing public comment; holding hearings if requested; responding to challenges; and formally adopting the rule. According to AHF, none of these steps occurred.

“Rule-making is not a matter of agency discretion. Each statement that an agency like the Department of Health issues that meets the statutory definition of a rule must be adopted through legally mandated rule-making procedures. Florida has simply not done so here,” said Tom Myers, AHF’s chief of public affairs and general counsel. “The whole point of having to follow procedures and rules is to make sure any decisions made are deliberate, thought through, and minimize harm. Floridians living with HIV and the general public’s health are at stake here and jeopardized by these arbitrary and unlawful DOH rule changes.”

AHF has multiple Ryan White CARE Act contracts in Florida, including four under Part B, which covers ADAP. More than 50 percent of people diagnosed with HIV receive assistance from Ryan White programs annually.

According to an AHF advocacy leader who spoke with the Washington Blade, the move appears to have originated at the state level rather than being driven by the federal government — a claim that has circulated among some Democratic officials.

“As far as we can tell, Congress flat-funded the Ryan White and ADAP programs, and the proposed federal cuts were ignored,” the advocacy leader told the Blade on the condition of anonymity. “None of this appears to be coming from Washington — this was initiated in Florida. What we’re trying to understand is why the state is claiming a $120 million shortfall when the program already receives significant federal funding. That lack of transparency is deeply concerning.”

Florida had the third-highest rate of new HIV infections in the nation in 2022, accounting for 11 percent of new diagnoses nationwide, according to KFF, a nonprofit health policy research organization.

During a press conference on Wednesday, multiple AHF officials commented on the situation, and emphasized the need to use proper methods to change something as important as HIV/AIDS coverage availability in the sunshine state. 

“We are receiving dozens, hundreds of calls from patients who are terrified, who are confused, who are full of anxiety and fear,” said Esteban Wood, director of advocacy, legislative affairs, and community engagement at AHF. “These are working Floridians — 16,000 people — receiving letters saying they have weeks left of medication that keeps them alive and costs upwards of $45,000 a year. Patients are asking us, ‘What are we supposed to do? How are we supposed to survive?’ And right now, we don’t have a good answer.”

“This decision was not done in the correct manner. County health programs, community-based organizations, providers across the state — none of them were consulted,” Wood added. “Today is Jan. 28, and we have just 32 days until these proposed changes take effect. Nearly half of the 36,000 people currently on ADAP could be disenrolled in just over a month.”

“Without this medication, people with HIV get sicker,” Myers said during the conference. “They end up in emergency rooms, they lose time at work, and they’re unable to take care of their families. Treatment adherence is also the best way to prevent new HIV infections — people who are consistently on these medications are non-infectious. If these cuts go through, you will have sicker people, more HIV infections, and ultimately much higher costs for the state.”

“Patients receiving care through Ryan White and ADAP have a 91 percent viral suppression rate, compared to about 60 percent nationally,” the advocacy leader added. “That’s as close to a functional cure as we can get, and it allows people to live healthy lives, work, and contribute to their communities. Blowing a hole in a program this successful puts lives at risk and sets a dangerous precedent. If Florida gets away with this, other states facing budget pressure could follow.”

The lawsuit comes days after the Save HIV Funding campaign pressed Congress to build bipartisan support for critical funding for people living with or vulnerable to HIV. In May of last year, President Donald Trump appeared to walk back his 2019 pledge to end HIV as an epidemic, instead proposing the elimination of HIV prevention programs at the Centers for Disease Control and Prevention and housing services in his budget request to Congress.

House appropriators, led by the Republican majority, went further, calling for an additional $2 billion in cuts — including $525 million for medical care and support services for people living with HIV. 

While Senate appropriators ultimately chose to maintain level funding in their version of the spending bills, advocates feared final negotiations could result in steep cuts that would reduce services, increase new HIV infections, and lead to more AIDS-related deaths. The final spending package reflected a best-case outcome, with funding levels largely mirroring the Senate’s proposed FY26 allocations.

“What the state has done in unilaterally announcing these changes is not following its own rules,” Myers added. “There is a required process — rule-making, notice and comment, taking evidence — and none of that happened here. Before you cut 16,000 people off from lifesaving medication, you have to study the harms, ask whether you even have the authority to do it, and explore other solutions. That’s what this lawsuit is about.”

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Federal authorities arrest Don Lemon

Former CNN anchor taken into custody two weeks after Minn. church protest

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Don Lemon (Screenshot via YouTube)

Federal authorities on Thursday arrested former CNN anchor Don Lemon in Los Angeles.

CNN reported authorities arrested Lemon after 11 p.m. PT while in the lobby of a hotel in Beverly Hills, Calif., while he “was leaving for an event.” Lemon’s lawyer, Abbe Lowell, in a statement said his client was in Los Angeles to cover the Grammy Awards.

Authorities arrested Lemon less than two weeks after he entered Cities Church in St. Paul, Minn., with a group of protesters who confronted a pastor who works for U.S. Immigration and Customs Enforcement. (An ICE agent on Jan. 7 shot and killed Renee Good, a 37-year-old Minneapolis woman who left behind her wife and three children. U.S. Customs and Border Protection agents on Jan. 24 shot and killed Alex Pretti, a 37-year-old nurse who worked for the Department of Veterans Affairs, in Minneapolis.)

Lemon insists he was simply covering the Cities Church protest that interrupted the service. A federal magistrate last week declined to charge the openly gay journalist in connection with the demonstration.

“Don Lemon was taken into custody by federal agents last night in Los Angeles, where he was covering the Grammy awards,” said Lowell in his statement. “Don has been a journalist for 30 years, and his constitutionally protected work in Minneapolis was no different than what he has always done. The First Amendment exists to protect journalists whose role it is to shine light on the truth and hold those in power accountable.”

“Instead of investigating the federal agents who killed two peaceful Minnesota protesters, the Trump Justice Department is devoting its time, attention and resources to this arrest, and that is the real indictment of wrongdoing in this case,” Lowell added. “This unprecedented attack on the First Amendment and transparent attempt to distract attention from the many crises facing this administration will not stand. Don will fight these charges vigorously and thoroughly in court.”

Attorney General Pam Bondi on X confirmed federal agents “at my direction” arrested Lemon and three others — Trahern Jeen Crews, Georgia Fort, and Jamael Lydell Lundy — “in connection with the coordinated attack on Cities Church in St. Paul, Minnesota.”

Fort is also a journalist.

Lemon, who CNN fired in 2023, is expected to appear in court in Los Angeles on Friday.

“Freedom of the press is a cornerstone of a free society; it is the tool by which Americans access the truth and hold power to account. But Donald Trump and Pam Bondi are at war with that freedom — and are threatening the fundamentals of our democracy,” said Human Rights Campaign President Kelley Robinson on Friday in a statement. “Don Lemon and Georgia Fort were doing their jobs as reporters. Arresting them is not law enforcement it is an attack on the Constitution at a moment when truthful reporting on government power has never been more important. These are the actions of a despot, the tactics of a dictator in an authoritarian regime.”

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