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The Supreme Court has made a decision that is wrongheaded, and wrong.

Throwing the book at people is nothing new, but in our post-9/11 world the screws are tightening. Take San Francisco, whose District Attorney is Terence "Kayo" Hallinan, a progressive fellow. Indeed, in his 2000 re-election bid Hallinan survived years of abuse in the San Francisco Chronicle for supposedly being altogether too slack a prosecutor, with poor conviction rates and kindred offenses betokening softness on crime.

Yet this is the same Hallinan who's hit two gay AIDS activists with an escalating barrage of charges, currently amounting to forty-one alleged felonies and misdemeanors, all adding up to what he has stigmatized in the local press as "terrorism." That's a trigger word these days, as Sarah Jane Olson, a k a Kathleen Soliah, recently discovered when a judge put her away for twenty years to life for actions back in the 1970s.

Held in San Francisco County Jail since last November 28 are Michael Petrelis and David Pasquarelli. Neither man has been able to make bail, which Hallinan successfully requested to be set at $500,000 for Petrelis and $600,000 for Pasquarelli.

Why this astonishing bail? What it boils down to is that the two accused are dissidents notorious for raising all kinds of inconvenient, sometimes obscene hell about AIDS issues. They've long been detested by San Francisco's AIDS establishment, which Petrelis in particular has savaged as being disfigured by overpaid executives, ineffective HIV-prevention campaigns and all-round complacency and sloth.

They've taken kooky positions. Pasquarelli, for example, believes that HIV doesn't cause AIDS. Petrelis hasn't scrupled to form alliances with right-wingers in Congress when it suits his tactical book. Being attacked by them can be an unpleasant experience. Who wants to get phoned in the middle of the night and be asked whether your wife has got your syphilitic dick in her mouth?

The two were thrown in jail because of an escalating campaign they launched late last year amid calls for an expansion of quarantining laws across the country, prompted by fears of bioterrorism. Petrelis and Pasquarelli took after an SF public health official, Jeffrey Klausner, for seeming to endorse quarantining of people with AIDS. They also assailed the media, notably the San Francisco Chronicle, for relaying what the two claimed were inflated statistics about increases in the rates of syphilis and HIV in San Francisco. The higher the stats, the more dollars flow to various AIDS bureaucracies. The Chronicle claimed tremulously that not only had its reporters been showered with filthy nocturnal calls to their homes but that there had been a bomb threat against the paper.

On the basis of what has surfaced so far, the charges and bail are way out of kilter with the facts of the case. Their severity defies logical explanation, unless we acknowledge the loathing Petrelis and Pasquarelli inspire in San Francisco's respectable element and among some well-known organizers.

Take Kate Sorensen, an AIDS activist who herself was held on $1 million bail for leading demonstrations outside the 2000 Republican convention in Philadelphia. The DA there took her to trial on three felonies, though she was only convicted of a misdemeanor. Such experiences have not evoked any solidarity with the San Francisco pair. Wrote Sorensen recently, "I will fight for our right to demonstrate. I will fight for our right to free speech. I will fight this police state, but I will not fight for you."

This self-righteous stance was elicited by an open letter of concern addressing the prosecution of Petrelis and Pasquarelli. Organized by the radical gay civil libertarian Bill Dobbs of Queer Watch, the open letter (go to www.openletteronline.com and look under "Politics & Activism," then "Petrelis-Pasquarelli") has been signed by hundreds, including many well-known gay figures like Harvey Fierstein, Scott Tucker, Barbara Smith and Judy Greenspan. The letter questions the motivation for the charges and makes the scarcely extremist demand that the two get fair legal treatment and reasonable bail.

Moderate though the terms of the letter are, it has aroused much fury from the San Francisco gay establishment, whose animus against Petrelis and Pasquarelli was what apparently prompted Hallinan to have the pair charged and arrested in the first place. On November 15 Martin Delaney of Project Inform, Mike Shriver of the mayor's office and fifteen others published a letter in the Bay Area Reporter urging people to pressure Hallinan, demanding "full prosecution of Pasquarelli, Petrelis and their collaborators."

Petrelis and Pasquarelli have a potent posse howling for their heads. "They fucked with the wrong people," said a health official quoted in the San Francisco Examiner on January 23. The "wrong people" include a broad swath of liberals and leftists in and out of government, the AIDS establishment and media figures.

Time was when a decent death threat used to be a badge of honor in the Fourth Estate. Jimmy Breslin recently recalled to Dobbs his glorious "Son of Sam" days, when violent threats were so routine at the New York Daily News that the paper's switchboard operator was wont to ask callers whether they were registering "general death threats" or "specific death threats for Mr. Breslin."

Granted, Chronicle editor Phil Bronstein is a terror survivor of "Attack by Lizard in the LA Zoo," and his wife, Sharon Stone, is the marquee celebrity for one of Petrelis's targets, the American Foundation for AIDS Research, but Bronstein should remember that Daily News phone operator and get off his high horse.

Hallinan's got a radical past and even radical pretensions. He knows as well as anyone that conspiracy charges have long been used to smash protest. And he knows as well as anyone that militant protest is at the cutting edge of social conscience. It's easy to grandstand about the foul tactics, the obscenities, the all-round vulgarity of Pasquarelli and Petrelis, but should this add up to a demand that they be thrown into prison for years? Of course it shouldn't. Judge Parker Meeks Jr. should resist the entreaties of the posse and cut the preposterous bail drastically or release them on their own recognizance. Hallinan should get his sense of perspective back, and drop the drastic charges.

In this most emotionally charged of times, I think that many of the moral issues we face are overlaid by an oft-expressed tension between the need for security and the full protections of human rights. It is always expressed as a tension, freedom as opposed to security. It is a false dichotomy but understandable, given how afraid we all are. And so we limit our sights to the need for good policy, good intelligence and strong, democratically inclined, diplomatically gifted leaders.

But I am also a lawyer, and a child of the civil rights era, which was, a bit like these times, a dangerous time, troubled by terrorizing outlaw behavior, a violent time. Yet what guided us, black and white, men and women, minority and majority, through that time was a determined appeal and, ultimately, adherence to principles of morality, justice and law. Dr. King's appeal to a transformative progressive society, to what he referred to as The Beloved Community, was of course an overtly theological argument, grounded in a love of all humanity. But it was also a metaphor, and that metaphor was grounded in a legal case, in a series of legal cases that held steadfastly to notions of fairness, equality and due process of law. The legal and political triumphs of the civil rights era remain a monument to America's best ideals.

Those times too were fraught with passion and grief. There were those who thought that Dr. King's work for racial equality was too radical, too deeply subversive, or unpatriotic. There were those who thought his opposition to American policy in Vietnam merited the response Love it or leave it. Similarly, there are those who have taken George W. Bush's oft-repeated statement--originally a warning to Iraq, as I recall--of "you're either with us or against us" and applied it broadly and inappropriately to men and women of conscience who express their concern that international conventions and norms of human rights be scrupulously applied in the battle against Al Qaeda.

Trust, don't ask, some have said. Say something positive or shut up. I worry a lot about the predominance of flat "either-or" dualisms that by their very syntax eliminate the middle ground so necessary to political debate. Love it or leave it. But Dr. King loved his country, and there was no "or" about it. He did not leave America but worked to impart a legacy that changed it and the world for the better. He appealed to a society that is committed to unity and yet vaunts individual freedom, including the freedom to dissent.

These tensions are often placed like roadblocks: security versus freedom, community versus dissent. That pervasive sense of opposition was a challenge for Americans in Dr. King's time, and it is a challenge for Americans now. And because the United States is a model others copy as well as a global force to be reckoned with, the citizens of the world are, one by one, having to resolve these tensions as well. As Dr. King said, "Civil rights"--or human rights I think he would add in today's global context--"civil rights is an eternal moral issue..."

Whatever the issue, whatever the time, we must resist a mindset that defines those who are "with us" as those who accept all policies as untouchable, all military action as automatically legitimate, all criticism as giving aid and comfort to the enemy. Otherwise we consign people who are engaged in the essence of democratic debate to the conceptual dustbin of those who are "against us." You're either on board as a team player or (according to the last few days of the New York Post alone) you're a brainless, overintellectualizing, group-thinking, anarchist, socialist, communist, stalinist, nihilistic, solipsistic, atheistic, politically correct, race-card-playing feminazi crackpot.

I sometimes wonder if we've forgotten who the enemy is.

But it is not unpatriotic to question and argue about our public policy; it's a duty of citizenship. It is not disrespectful to the Republic to ask, when our Defense Secretary says the men held in Guantánamo Bay are receiving better treatment than the Taliban ever gave their prisoners, what that means precisely. That they have not yet been beheaded? Or that the norms of the Geneva Convention and the Constitution are being rigorously observed?

I worry too about the degree to which we keep referring to these enemies as The Evil Ones or The Bad Guys--such odd terms, as though our leaders were speaking to very young children. By this, Al Qaeda is placed in an almost biblical narrative, ready to be smote and cast out. In this model, giving The Evil Ones so mundane a forum as a trial is literally "courting" the devil. While this sort of embedded language has certainly galvanized the people in a time of great crisis, I don't believe it's a useful long-term model for a democratic secular government trying to fight real political foes, particularly stateless enemies who are religious zealots in their own right. This sort of narrative obscures the adult reality that they are enemies, not viruses. They are humans, not demons. They are criminals, not satanic extraterrestrials. They may indeed be our New Age Goebbelses and Goerings, but we did not put Nazi war criminals in cages. We brought them to justice.

Given all this we will need all the thoughtful voices we can get to help our beleaguered leaders figure out a world that is growing more mobile, more diasporic, more riven by racism, xenophobia, anti-Semitism (and I mean anti-Semitism in the broad sense of prejudice against all Semitic peoples, including Jews, Arabs and some Asians), religious intolerance, economic disparity and struggles for land. Indeed, recent tensions are such that some are calling this a "clash of civilizations." This too is something we should be wary of. Organized crime syndicates--whether the Ku Klux Klan in the civil rights era or Al Qaeda now--do not a civilization make.

As we move into Black History Month, it is good to remember that Dr. King's message was far more complex than the naïve rosiness to which he's often reduced. He insisted on equal protection even for those we do not like. He insisted on due process of law even for those whom we have reason to fear. And he demanded that we respect the humanity even of those we despise.

"Former Yankee virtues, common sense, scepticism if not suspicion of authority, a belief in the mastery of the future, have been driven underground.

Once confined to the closet, gays are now making headway in mainstream society.

In the wake of losses before and after September 11, labor unions gear up for the next tough fights.

Civil liberties get short shrift in this perilous time of antiterrorism measures.

Most Americans are probably
unaware that "the Dark Ages were not all bad and the Enlightenment
not all good." Or that "homosexuality [is] a sin worthy of death." Or
that one of the greatest threats to the country is "the Feminization
of American Life." Or that we should still be debating the question:
"Who Was Right in the War Between the States: the Union or the
Confederacy?"

If you are active with the Christian
fundamentalist organization American Vision, however, this is
mainstream thinking--or, more precisely, the thinking you hope to
force down the throat of the mainstream. The Georgia-based group's
president, Gary DeMar, preaches about "the necessity of storming the
gates of hell" and cleansing public institutions of "secularism,
atheism, humanism, and just plain anti-Christian sentiment." He may
soon be dispatching a prominent foot soldier to do just that. J.
Robert Brame III, American Vision's board secretary, reportedly tops
President Bush's list of likely appointees to the National Labor
Relations Board, the five-member agency that determines the fate of
workers seeking union recognition and helps define how federal law
protects women, gays and lesbians, and others seeking representation
in the workplace.

Brame, a management lawyer, previously
served on the board from 1997 to 2000. Technically appointed by Bill
Clinton, he was actually a choice forced upon the former President by
Senate Republicans who refused to act on Clinton's appointments
unless he gave Brame the job. During those three years, Brame was the
most frequent dissenter from the board's pro-labor decisions. He
opposed moves to make it easier for temporary workers, graduate
students and medical interns and residents to unionize. He was a
lonely advocate of steps to limit the ability of unions to use dues
money to pay for organizing. Brame even complained about NLRB rulings
that "facilitate union organizing in the modern work
place."

Brame's record, his association with American
Vision and the very real prospect that he could end up chairing a
Bush-appointed NLRB majority by the end of the year have energized
opponents. Taking the lead is the gay and lesbian labor group Pride
at Work, which aims, says interim executive director Marta Ames, "to
make enough noise so that Bush decides it's not worth it to appoint
someone who is associated with the viewpoint that LGBT people are
'monsters' who should be stoned."

"Gays and lesbians,
women, people of color and young people are harassed on the job all
the time, and that harassment becomes vicious when we're trying to
organize into unions," says Sarah Luthens, a Seattle union organizer
active with the Out Front Labor Coalition. "To think that someone
like Brame would be in a position to decide whether that harassment
represents a violation of labor laws that are already too weak is
horrifying."

Despite statements to the contrary, the rule is resulting in tragic circumstances for women abroad.

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