The post Maryland Gerrymandering Again appeared first on MarylandReporter.com.

The obligees and obligors in the Free State have wondered if the coming session of the Maryland General Assembly will see more action on legislative bills dealing with the Maryland Child Support Administration.

Since 2004, I have been working to reform Maryland’s child support system, spreading awareness about the Maryland State Assembly dealing with child support services.

In the 2006 session, the legendary Sen. Norman Stone, Jr., introduced SB 43 as a pre-filed bill on January 11, 2006. This bill went through the legislative process unanimously, and Gov. Ehrlich signed it into law (Chapter 423 of the Acts of 2006). This action made the Maryland Child Support Administration customer-friendly toward obligees and obligors.

Under the new 2006 law, the parent must notify the court of any change of address within 10 days after moving to a new address or any change of employment within 10 days after receiving the first earnings from the new employer. Notification to the court must be by certified mail, return receipt requested, or by filing in person at the court and getting proof of filing.

Under the old law, the parent had to send the address or employment change within 10 days to the court, the recipient, or, if a support enforcement agency receives support payments, the agency. Notification had to have been by certified mail, return receipt requested.

The rationale was that, during the 2005 summer, I had six consecutive weeks of being with my 15-year-old teen, so I decided to bring her to Ohio so she could spend with my parents and attend two different camps. Meanwhile, I needed a little job and got it at a country club. Under the pre-2006 law, I sent the name and address of the employer to the recipient, the court, and the agency via certified mail, return receipt requested.

Suddenly, after receiving the first earnings, I discovered that that employer was not responsible for deducting, but its management in Tennessee was. So, I sent the name and address of that management to the recipient, the court, and the agency via certified mail, return receipt requested.

After returning my teen to her mother in late summer, I sent the name and address of the new employer to the recipient, the court, and the agency via certified mail, return receipt requested.

Enough for paying certified mail. The 2006 law allows obligees and obligors to have more options.

Four legislative sessions later in 2010, Delegate Tony McConkey’s HB 1454 was passed unanimously on both floors and became law (Chapter 738 of the Acts of 2010.) The law allows recipients or obligors to provide notice of a change in address and/or employment either in person, by telephone, or through electronic communication.

But can you imagine that the Maryland Child Support Administration has yet to comply with Chapter 423/2006 and Chapter 738/2010)?

The Administration’s current FAQ states the following:

How do I change my name, address, telephone number, and employment information?

The order for support requires that the person paying child support notify the court within ten days of any change in address or employment. You must also notify your local child support office by contacting the Customer Care Center at 1-800-XXX-XXXX, or by notifying your local office in writing by mail or fax along with a clear copy of your photo ID. Please include your nine-digit case number on all correspondence.

On March 21, 2021, I received a response from the Administration. Let me quote one sentence from it:

“After review, the FAQ you have brought to our attention, “How do I change my: name, address, telephone number, and employment information?” clearly provides correct and relevant guidance to our customers. Nothing in the FAQ contradicts Maryland Law Article §10-131 and §10-132.”

Now it is your turn! Take an imaginary judicial robe from your closet and click §10-131 and §10-132. Please tell us what your ruling is.

Special Message to Current Obiligees and Obiligors: No Maryland law has authorized the Administration to establish the Customer Care Center. So you, by the current law, can be free to go to your court to report the changes in person. By the current law, you don’t need to fax, so you can call or email your local child support office. Importantly, please follow the existing laws mentioned above.

The Maryland Child Support Administration will join most customer-friendly states when it finally complies with the forgotten laws.

The post Maryland Child Support Administration needs to be customer-friendly and stop ignoring forgotten laws appeared first on MarylandReporter.com.

After Gov. Larry Hogan signed a quickly redrawn congressional district map into law last week, agriculture-related electorates living in the Western Maryland and Eastern Shore regions were pleased.

Primarily located in Western Maryland, the new 6th Congressional District gained all of Frederick County’s rich agriculture. On the opposite side of the Free State, the new 1^st Congressional District has included all of Harford County and parts of eastern Baltimore County, mainly in the agriculture region. I have exclaimed that this new map could restore farmers’ voting power strength like what the 2002 congressional map showed.

According to the 2017 Ranking of Congressional Districts by Farm Producers, Maryland’s 1st District ranked 137th of the current 435 congressional districts, with 5,298 farms. In Maryland, it was followed by the 6th District (ranked 212th) with 2,462 farms; the 5th District (233rd) with 1,878; the 8th District (240th) with 1,683; the 7th District (288th) with 653; the 3rd District (342th) with 183; the 2nd District (351st) with 143, and the 4th District (352nd) with 129 farms.

For fun facts, the No. 1 Congressional District was Nebraska’s 3rd District with 33,294 farms, while the bottom was New York’s 7th District (ranked at 431st) with only three farms. The 5th, 12th, Rep. Alexandria Ocasio-Cortez’s 14th, and 15th Districts in New York have no farms, so they were not ranked.

Under the new 2022 Congressional District map, the 1st District will remain the No. 1 District in the total number of farms, losing the Carroll County area around the Manchester Valley school district but keeping the Harford County and eastern Baltimore County. The Legislative Redistricting Advisory Commission tried to exclude Harford County (628 farms) from the 1st District.

The number of farms for the new 6th Congressional District is roaring up by adding 1,373 in Frederick County. Suppose if the 6th District included all of Carroll County for the 2022 map, it could add 1,174 farms, but it would not outnumber the new First District’s total farms.

Down to Potomac River, Rep. Jamie Raskin, D-8^th, might donate a few overalls to his favorite charity since his new 8th District lost 1,174 farms in Carroll County, which are redistricted mainly to the new 2nd District. Until the 2030 Election, Raskin, if elected, might keep one overall for visiting the farms around Sherwood High School and Springbrook H.S. in Montgomery County.

The surprising redraw might lead Rep. Dutch Ruppersberger, D-2nd, to purchase some overalls for visiting Carroll County farmers. Also, the Baltimore County resident needs to get some lectures from a traditional farmer’s daughter converted to a farmer-conservationist, Heather Mizeur; such as to tell the difference between the Ayrshire cow breed and the Holstein cow breed; the difference between the Berkshire pig breed and the Yorkshire pig breed, and the difference between barley and wheat?

For the next seven months, the residents in the 1st, 2nd, and 6th Districts will see and read more agriculture-related campaign issues, which were rare in the past decade.

Naturally, most of you might not know what I meant, but my point would have been hailed by the “Communities of Interest” advocates across the USA.

On Oct. 27, 2011, I filed suit over the 2011 congressional redistricting map in the United States Maryland District Court, arguing that it unnecessarily diluted the “voting power of agriculture-related electorates” (a community of interest) in the 6th Congressional District. (Gorrell v. O’Malley).

In a Barry Law Review article titled, “A Shield Becomes a Sword: Defining and Deploying a Constitutional Theory for Communities of Interest in Political Redistricting” (June 10, 2020), Professor Glenn D. Magpantay of Brooklyn Law School cited the Gorrell case and wrote, “This language suggests that communities seeking to preserve the unity of representation should concentrate their efforts on the political bodies drawing the maps in Maryland, as the courts may be unlikely to grant relief on those grounds. But while the result, in this case, seems to have engulfed the originally stated requirement to preserve communities of interest, in actuality, it follows other cases that a breakup of a community of interest is insufficient, alone and by itself, to undo an entire redistricting plan.”

Spirited by this community of interest in the agriculture-related in the new 2022 map, farming voters and voters-to-be will campaign harder in the 1st, 2nd, and 6th Districts.

The post Maryland’s farming electorates get new clout in redrawn congressional districts appeared first on MarylandReporter.com.

It is crystal clear that, as one of the bluest states in the country, Maryland could be the nation’s most hypocritical state in dealing with the congressional redistricting!

Last month, the national Democratic Congressional Campaign Committee filed a motion to intervene to protect Maryland’s Democratic-gerrymandered congressional map in the Anne Arundel County Circuit Court. Their attorney is Democratic election law lawyer Marc E. Elias of the Elias Law Group. Ironically, he has targeted Republican-gerrymandered maps, including those in Georgia, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina and Texas.

What stunning hypocrisy!

This redistricting lawsuit originated from Fair Maps Maryland, the nonpartisan organization dedicated to abolishing partisan gerrymandering in Maryland, for eight plaintiffs who are Republican voters from all eight of the state’s congressional districts. Fair Maps Maryland campaigned to pass the governor-supported Maryland Citizens Redistricting Commission’s congressional map, which got an “A” rating for fairness from the Princeton Gerrymandering Project.

Confused? Let me explain.

On the first day of the 2021 Special Session of the Maryland General Assembly on Dec. 6, the 18 Democratic delegates on the House Rules and Executive Nominations Committee voted along party lines to send to the House the map drawn by the Legislative Redistricting Advisory Committee (LRAC), which the Princeton Gerrymandering Project gave an ‘F’ rating for fairness. On the Senate side, the decennial Senate Standing Committee on Reapportionment and Redistricting voted 10-4 on straight party lines. At the State House, Gov. Larry Hogan’s plan, drawn by the citizens commission, did not get a vote in either committee during the special session.

Promises in 2018

The Democrats serving on these committees might forget their own campaign promise on redistricting and gerrymandering on the 2018 Maryland League of Women Voters Guide. Some showed strong support for an independent commission to draw district lines back then, yet they wound up supporting a map drawn by their partisan leaders. Check your legislators’ promises in the Guide.  The Democrats’ hypocrisy is apparent.

On Capitol Hill, seven House Democrats from Maryland are silent after the Maryland General Assembly overrode Hogan’s veto of the new congressional map on Dec. 9.  Oddly, they all co-sponsored H.R.1, the For the People Act of 2021, which includes as a central plank an end to partisan gerrymandering and a national move to independent, nonpartisan redistricting commissions.

As lead sponsor of H.R. 1, Rep. John Sarbanes, D-MD-3^rd, claims to be an anti-gerrymanderer since he stated that the bill would “reform the way we draw the maps for congressional districts to make them fairer.”

Before the General Assembly, the Rep. Sarbanes office released this neutral statement: “The Maryland General Assembly has the important task of choosing a new set of maps for Congressional districts in the state. In that process, the Legislature should adhere to principles that respect the voters and ensure fair representation in Congress.”

Rep. Kweisi Mfume, D-MD-7^th, told a WBAL radio host two months ago that he would not support an 8-0 outcome. He said, “If it were the other way around, and Democrats were one-third of the population, and they put forth maps or started moving toward an 8-0 representation, we’d be jumping up and down in arms.” Nevertheless, before the General Assembly, Mfume on Dec. 2 refused to comment further on the LRAC proposal and noted that it was in the legislators’ hands.

“This has been the process since we started our government,” Rep. Dutch Ruppersberger, D-MD-2^nd, said in the Washington Post on Sep. 21, 2014. “And it’s not that I think that it’s a great process, but when you have an independent group, they become political, too. Who are they representing? Who appoints them?”

The Supreme Court

After the United States Supreme Court ruled 5-4 on June 27, 2019, federal judges had no power to stop partisan gerrymandering. Rep. David Trone, D-MD-6^th, told WTOP radio, “The court missed a real opportunity to attack what’s the biggest problem across the country that’s leading to the division of the U.S. [into] hard left and hard right, and stops folks from getting things done.” He paused, “district lines should be drawn so that voters are not being picked by the politicians.”

In his statement on Supreme Court’s gerrymandering case, Rep. Jamie Raskin, D-MD-8^th, released a statement on June 27, 2019: “The House has voted to abolish gerrymandering in U.S. House races by compelling the use of independent and nonpartisan expert redistricting panels in every state. This is going to be the road forward.”

Yet Raskin told Slate on Dec. 10, “we have not only a political right, but I would argue an ethical duty, to do whatever we can to fight fire with fire and try to defend democratic values and democratic process in America.”

Rep. Anthony G. Brown, D-MD-4^th, now running for Maryland attorney general, is quiet on the gerrymandering issue. When he was lieutenant governor, his campaign manager told the Baltimore Sun on Sep. 19, 2014, that he described redistricting as “a national challenge that requires a comprehensive 50-state solution.” He said Brown would support congressional action to revise redistricting standards across the country.

No surprise that Maryland’s No. 1 hypocrite could be Rep. Steny Hoyer, D-MD-5th.

“I’m particularly interested in redistricting reform,” Hoyer, the House majority leader, told CQ Roll Call on Jan. 13, 2020. “I’m very committed to trying to get legislation through that will require a fair redistricting process in every state.”

“Now let me make it clear, I am a serial gerrymanderer,” Hoyer told The Washington Post on Mar. 21, 2017. “As long as North Carolina, Pennsylvania, Ohio, and Florida, Texas, other states that I could name, pursue partisan redistricting, there’s no reason to expect that those of us who are in Democratic states won’t do so as well. But what we ought to have is a national mandate that redistricting is to be done in a fair, balanced way through nonpartisan commissions.”

They all support independent commissions in the states to draw congressional maps and an end to gerrymandering. But not in their own districts in their own state, if other states aren’t required to do the same.

Oddly, if the latest federal voting rights bill, “The Freedom to Vote: John R. Lewis Act,” would have passed the Senate this month, it would have thrown out Maryland’s new congressional map. The Democratic representatives all supported that bill too.

The post More hypocrisy on congressional redistricting appeared first on MarylandReporter.com.

As the Maryland General Assembly is about to start Wednesday, its website lists 220 prefiled bills in the Senate and 200 prefiled bills in the House. After hitting “Child Support” in the search box, you will see “No data available in table.”

No surprise because the leading child support legislator, Del. Kathleen Dumais, D-Montgomery, was appointed by Gov. Larry Hogan to serve as associate judge of the Montgomery County Circuit Court. Wearing a judicial robe makes her no longer advocate for the changes in the child support laws in front of the House Judiciary Committee. However, a Maryland judge can testify if needed.

The bottom line of this commentary is to tell Maryland obligees (formerly the term of “custodians”) and obligors (once the word of “non-custodians”) that “Due to the current COVID-19 pandemic, the federal Office of Child Support Enforcement has allowed state child support programs to request a waiver to extend the federally required four-year review of the Child Support Guidelines. Maryland has received a two-year extension until December 2022,” according to the Child Support Administration (CSA) of the Maryland Department of Human Services (DHS) in their Aug. 31, 2020, email to me. 

The federally-required four-year review??  In 1990, the Maryland General Assembly passed a law establishing guidelines in all child support cases. Beginning Jan 1, 1993, and at least every four years after that date (the last review completed in 2016), the Child Support Administration must review the child support guidelines every four years to ensure that their application determines appropriate child support amounts. (45 CFR 302.56(e) and MD Family Law §12?202(c)(1).)

Historically, in compliance with federal law to avoid the loss of the federal funds, the DHS submitted to the president of the Senate and the speaker of the House the quadrennial review on Dec. 31 of 1996, 2000, 2004, 2008, 2012 and 2016.

Unfortunately for divorced parents, the Maryland legislature had adapted adjustment to the Maryland Child Support Guidelines upward just once in 32 years. The guidelines were last revised in 2010.

What happened to the 2016 review? The basic child support obligations schedule of the last review of 2016, described in the SB 763 of 2019 (Child Support Guidelines – Revision), was introduced two years, one month, and five days after completing the 2016 quadrennial review. But Chairman Bobby Zirkin of the Senate Judicial Proceedings Committee stalled it in 2019 along with Dumais’ six other child support bills passed by the House.

The 2020 review? The Child Support Administration got a two-year extension, as mentioned above. The review will likely be sent to the Senate president and Speaker in early 2023.

It could receive cheers from middle-income obligors, who see another year of no increase in paying the child support. At the same time, it would hear groans from low-income obligors, who lost jobs and homes due to COVID, so they have difficulties paying child support on time. However, it could mean that Judge Dumais might see more petitions to modify child support in her first judicial year.

Other states? Most states completed their quadrennial reviews before the pandemic. After receiving a one-year extension (not two-year) from the federal Office of Child Support Enforcement, South Dakota’s Commission on Child Support held its first meeting on Jul. 29 to plan its schedule over the next several months.

The new Massachusetts child support guidelines took effect on Oct. 4. The Alabama Advisory Committee on Child Support Guidelines and Enforcement had a web meeting on Oct. 1. On April 5, the New Mexico governor signed a law that updates the child support guideline table to save the Land of Enchantment from losing $147.5 million in federal funding: $122.6 million for the Temporary Assistance for Low-Income Families (TANF) program and $24.9 million in child support program funding.

Back to Maryland, the Child Support Administration informed me on De.c 16 that “Information about the   quadrennial review committee will also be extended until after the next study is completed for Maryland’s review and analysis.” Did the CSA get a two-year grant from the federal agency?

(The writer has been working to reform Maryland’s child support system since 2004.)

The post Maryland lags other states in revising child support guidelines appeared first on MarylandReporter.com.

As he did for the House committee, Howard Gorrell, a longtime advocate for fair congressional districts, compares the statements of Democratic senators with their votes in committee.

The decennial Senate Standing Committee on Reapportionment and Redistricting voted 10-4 on straight party lines Wednesday to send to the Senate the congressional map drafted by the Legislative Redistricting Advisory Committee, which was given an ‘F’ rating for fairness by the Princeton Gerrymandering Project.

Most Senators might forget their own 2018 campaign promises on redistricting on the 2018 MDLWV Voter’s Guide. Some showed strong support for an independent commission to draw district lines back then, and on Wednesday, they supported a map drawn by their partisan leaders.

Here are the Democratic answers to the Question on the Redistricting asked by the League of Women Voters of Maryland: “What changes, if any, do you support in the process for drawing congressional and legislative district lines in Maryland?”

Sen. Nancy J. King (D-Montgomery)

“I believe that redistricting is an issue that should be addressed on a federal level, but am open to looking at any ideas that would promote fair representation and equal voting power.”

Sen. Antonio L. Hayes (D-Baltimore City)

“I support the creation of a non-partisan, independent body to draw legislative and congressional district maps. It is important that natural, contiguous communities have unified legislative representation, dividing neighborhoods and towns into multiple districts has a very negative effect on their ability.”

Sen. Melony G. Griffith (D-Prince George’s)

“I favor redistricting by an impartial independent commission as long as this process is adopted by all 50 states so that no party is given an undue advantage.”

Sen. Guy J. Guzzone (D-Howard)

No response.

Sen. Delores G. Kelley (D-Baltimore County) did not vote in committee.

“Ideally, there would be national reform whereby no state could improperly draw district lines. Last year, I supported legislation that would establish a nonpartisan commission to draft the state’s congressional districts with a Mid-Atlantic Regional Compact, including New York, New Jersey, Pennsylvania, Maryland, Virginia, and  North Carolina. I support this as a good first step.”

Sen. Susan C. Lee (D-Montgomery)

 “A comprehensive federal measure, instead of piecemeal by the state to ensure congressional & legislative restricting is conducted by an independent commission of multi-partisan, unaffiliated voters, diverse members and stakeholders with an opportunity for public input and a process and standards that support fairness and effective representation.”

Sen. Paul G. Pinsky (D-Prince George’s)

No response.

Sen. William C. Smith Jr. (D-Montgomery)

“If reelected to serve in the Senate, I will support measures to institute an independent commission to oversee the upcoming redistricting procedures.”

Sen. Mary Washington (D-Baltimore City)

“First, we must ensure full and accurate participation in the 2020 Census. A repeat of the 2010 undercount of Baltimore City residents will be the single most threat to redistricting. Additionally, I support the concept of a non-partisan, equitable and independent body and process to implement and make recommendations for decennial redistricting of congressional and legislative districts.”

Sen. Ronald N. Young (D-Frederick)

“I supported the regional proposal that the Governor vetoed. I think redistricting is a national issue. Congress should do it, or the Supreme Court should set guidelines. The state by state approach penalizes Maryland. Congress is made up of representatives of all fifty states. If it is only done by states of one party, it throws us out of balance even more than we are now.”

Sen. Craig J. Zucker (D-Montgomery)

“The issue of gerrymandering is a national problem that requires a national solution. However, the federal executive branch and Congress have failed to act, so it has been left up to the states. In the past, I have sponsored legislation that creates an independent redistricting commission. I am against gerrymandering and have led efforts to end it.”

The post Opinion: More Democratic hypocrisy on redistricting apparent in Senate committee appeared first on MarylandReporter.com.

The Democratic delegates on the HouseRules and Executive Nominations voted 18-6 Monday to send to the House the map drawn by the Legislative Redistricting Advisory Committee, which was given an ‘F’ rating for fairness by the Princeton Gerrymandering Project.

Some of these delegates should re-read their 2018 campaign promises on redistricting on the 2018 MDLWV Voter’s Guide. Back then, some showed strong support for an independent commission to draw district lines. On Monday, they supported a map drawn by their partisan leaders.

Here are their answers to the Question on the Redistricting asked by the League of Women Voters of Maryland: “What changes, if any, do you support in the process for drawing congressional and legislative district lines in Maryland?”

Del. Anne Healey (D-Prince George’s County)

“I support an inclusive, transparent redistricting process that includes public participation. I also support the concept of an interstate compact that would assure that Maryland’s reforms would not happen in isolation but rather become a catalyst for nationwide reforms.”

Del. Marvin E. Holmes, Jr. (D-Prince George’s County)

No response.

Del. Vanessa E. Atterbeary D-Howard County)

“Gerrymandering has been largely supported and accomplished by the GOP, and that is reflected overall in the current national political climate. Maryland’s representation in the General Assembly is reflective of the political demographics in the state. I support an independent body to draw legislative and congressional district maps after each census.”

Del. Ben Barnes (D-Prince George’s and Anne Arundel Counties)

“I support redistricting overseen by an impartial, non-partisan committee.”

Del. Kumar P. Barve (D-Montgomery County)

“I support independent redistricting commissions to set congressional districts as long as all states participate. Gerrymandering in states like Pennsylvania, Texas, and Ohio has resulted in a permanent institutional GOP majority despite a majority of Americans voting for Democratic congressional candidates. I also support independent commissions for state redistricting.”

Del. Talmadge Branch (D-Baltimore City)

“That will depend on the demographics of whether the district has grown or loss population. In the last census, we lost population ad lost two delegates in the city. I would support seeing more of the 7th Congressional District back in Baltimore City.”

Del. Mark S. Chang (D-Anne Arundel County)

“I support a transparent redistricting process that consists of an independent commission with input from residents to set the congressional and legislative district boundaries in Maryland.”

Del. Luke Clippinger (D-Baltimore City)

“I support the creation of an independent, non-partisan body for drawing congressional and legislative district lines in Maryland.”

Del. Brian M. Crosby (D-St. Mary’s County)

“An independent state panel should adopt the “efficiency gap” and conduct redistricting in every state using a four-prong test. 1. Data should draw the fairest boundary lines as a baseline. 2. Factor “communities of interest” so elected officials represent districts with similar communities. 3. Competitiveness should be factored, so districts are even. 4. A federal panel reviews the efficiency gap.”

Del. Dereck E. Davis (D-Prince George’s County Democrat)

No response

Del. Anne R. Kaiser (D-Montgomery County)

“I support a fair, equitable method of ensuring proper representation of congressional and legislative districts. Congressional and legislative districts should not be drawn in a partisan manner. Gerrymandering is an impairment to full representative democracy.”

Del. Eric G. Luedtke (D-Montgomery County)

“I believe that we should move towards non-partisan redistricting. My preference is for this to happen nationwide, but if Congress or the Supreme Court fails to act, I believe Maryland should implement non-partisan redistricting on its own.”

Del. David Moon (D-Montgomery County)

“When an entire legislative body can be drawn independently, we should do so. That’s why I support independent redistricting for state legislative districts. But when district lines are drawn piecemeal, as happens in Congress, I support nationwide independent redistricting. In the meantime, I’ve cosponsored bills to push Maryland into treaties with other states to adopt this reform regionally.”

Del. Maggie McIntosh (D-Baltimore City)

“Generally, I support some sort of reform in Maryland that draws congressional and legislative districts. However, the proposals put forward in recent years by Governor Hogan would not produce an impartial process. I support creating an independent redistricting commission so long as it is truly independent and transparent.”

Del. Joseline A. Pena-Melnyk (D-Prince George’s and Anne Arundel Counties)

“I have co-sponsored various bills to eliminate gerrymandering, most recently HB 1022. That bill would have limited gerrymandering congressional districts by requiring each district to consist of adjoining territory that is compact in form and of a substantially equal population. It also requires that due regard should be given to natural boundaries and the boundaries of political subdivisions.”

Del. Shane E. Pendergrass (D-Howard County)

“Independent redistricting commissions operating in all states, and starting at the same time, would help ensure fair districts (that don’t dilute minority communities’ votes) and a more responsive Congress. Gerrymandering, largely by the GOP, has created a Congress whose actions rarely reflect the will of voters (such as on gun-safety measures, health care, or taxes).”

Del. Sheree Sample-Hughes (D-Dorchester and Wicomico Counties)

“Simply, make certain the process and outcome is fair and reflective of the population in which Maryland congressional and legislative districts serve.”

Del. Dana Stein (D-Baltimore County)

“I would support the establishment of a non-partisan commission to draw congressional and legislative district lines.”

Del. Kriselda Valderrama (D-Prince George’s County)

“I believe that redistricting must be solved on the federal level and not by individual states. At this writing, the U.S. Supreme Court is currently addressing the gerrymandering issue and will likely provide more guidance into permissible actions by the state. The Court will also likely take up new cases in the coming term. Until they speak, it is premature for the State of Maryland to act.”

Maryland could lead the race toward the nation’s No. 1 most gerrymandering state in the 2020 census cycle.

There will be the People’s Maps Rally at Lawyers’s Mall at Bladen Street and
College Avenue in Annapolis Wednesday, Dec. 8, from 9-11 a.m.
Sponsored by the Maryland League of Women’s Voters (MDLWV) in partnership
with the People’s Maps Maryland organization, formerly known as Tame the
Gerrymander, their purpose is to show that they want maps for people, not
politicians!

The post Opinion: Democratic leaders flip-flop with the usual hypocrisy appeared first on MarylandReporter.com.

“CELEBRATE INCLUSION! The United States Olympic Committee has formally changed its name to the United States Olympic & Paralympic Committee! What a great day to be a para-athlete!”

So wrote Timonium’s Becca Meyers, U.S. Paralympian who is deaf and blind, on her Instagram on June 20, 2019. She could look forward to getting Paralympic prize money from the U.S. Olympic and Paralympic Committee (USOPC) — $37,500 for each gold medal, $22,500 for every silver, and $15,000 for a bronze — in the 2020 Paralympics in Tokyo.

Instead, a six-time Paralympic medalist received a Governor’s Citation from Maryland Gov. Larry Hogan on July 26. After reading her USA Today opinion piece, Hogan recognized her “bravery for highlighting the issue of inequality and access for people with disabilities.”

I have my own Becca Meyers story.  In September 2009, a USA Deaf Sports Federation (USADSF) official learned that I would have a long stayover at the Los Angeles International Airport after the 2009 Deaflympics in Taiwan. He asked me if I could watch a 14-year-old swimmer at the airport until her parents would arrive with a plane later.  I gladly accepted his request.

At the airport, the official handed Rebecca “Becca” Meyers into my care. For the next few hours, the very shy, quiet athlete and I walked around and had a little chat. She told me that she had won her first-ever international medal – a bronze medal in the 4x200m freestyle relay.

Becca with her parents, Mark and Maria, at the 2011 World Deaf Swimming Championships in Portugal. Photo from the USA Deaf Sports Federation

Her parents — Maria and Mark Meyers – soon arrived and thanked me for watching her.  It was my last time to see Becca in person.

As a 1969 and 1973 Deaflympian, I am angered by the media’s failure to mention that Becca is also the Deaflympian.

Did the USADSF 2011 Female Sportsperson of the Year participate in the Deaflympics in 2013 in Sofia, Bulgaria, and 2017 in Samsun, Turkey?

Unfortunately, Becca turned down the USADSF invitations to participate in both games.

That came as no surprise to me and most die-hard Deaflympians. The USADSF had not received the development fund from the United States Olympic Committee (USOC) since 2003 when the USOC had complied with the Olympic and Amateur Sports Act Amendments of 1998.  That amendment included athletes from the Paralympic Games and amateur athletes with disabilities within the act’s scope.  It also established the Paralympics Division within the U.S. Olympic Committee.

On April 1979, at the USOC annual House of Delegates meeting, Sen. Ted Stevens of Alaska, sponsor of the Amateur Sports Act of 1978, said to 2,000 delegates:

“Howie Gorrell has a dream. He wants to see more national governing bodies integrate handicapped athletes into their programs. He wants expanded programs for handicapped athletes. The Amateur Sports Act is going to help him achieve that dreams.”

Immediately, USOC President Robert Kane tapped me as an at-large member of the USOC Handicapped in Sports Committee.

Forty-two years later today, the U.S. Congress should add the Deaflympics to the USOPC program. We believe that the parity with the USOPC could motivate future athletes who are deaf, deaf-blind, and hard of hearing.

And Becca will likely return to the Deaflympics with the support of the USOPC — the 24th edition of the Summer Deaflympics will be held in Caxias do Sul, Brazil, on May 1-15, 2022.

When receiving a medal from Paralympics and/or Deaflympics from now, Becca would thank Maryland Del. Mary Ann Lisanti, D-Harford, for including Paralympics and Deaflympics in a state law that would exempt from the state and local income tax the value of specified medals and prize money or honoraria received by an individual who competes in the related Olympic events, Chapter 501 of the Acts of 2017. Maryland is the only state in the USA that applies the exemption to all four games; Olympics, Paralympics, Deaflympics, and Special Olympics.

In her Tweet after she made the decision to skip Tokyo, Becca wrote, “I’m speaking up for future generations of Paralympic athletes in hope that they never have to experience the pain I’ve been through. Enough is enough.”  Her exclamation made me proud.

Howard Gorrell attended 12 of the last 13 Deaflympics since 1969 and is a 2004 recipient of the Jerald M. Jordan Award, given to those who exhibit leadership and continuous participation toward the goals of the Deaflympics.

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With the 31st anniversary of the Americans With Disabilities Act (ADA) coming Monday, July 26, it is time to warn Maryland small businesses about ADA virtual-by lawsuits since Maryland has dropped coronavirus-related restrictions.

After reading the USA Today article, “Woman files about 500 lawsuits across US as ‘tester’ of disability compliance,” I recalled that I first learned what a tester of disability compliance in 2006 was. Living in Sykesville, I followed the activities of “ADA Shake-Down Artist” Marilynn Phillip of Hampstead, who uses a wheelchair because of post-polio syndrome and severe osteoporosis. Professor Phillips of Morgan State University filed lawsuits against several businesses in the borough of Gettysburg, Pa., because they lagged far behind compliance with the ADA.

In 2013, a federal court in Pennsylvania defined that “An ADA tester is an individual with a disability who repeatedly visits places of public accommodation with the dual motivation of verifying ADA compliance along with availing himself or herself with the goods and/or services available.” The other name of the “ADA tester” is “a serial ADA lawsuit filer.”

Also, I recalled that former Sen. Orrin Hatch (R-Utah) wrote his opinion in the USA Today last July:

“The purpose of the ADA is to bring persons with disabilities into the economy—not to destroy the businesses they would go to in the first place. In this regard, drive-by lawsuits violate the spirit of the ADA. Worse still, they pit the disability and business communities against each other, threatening to undermine the partnership that has made the law so successful. That’s why curbing excessive litigation is key to securing the legacy of the ADA.”

Note that Maryland has 604,176 small businesses, according to the 2020 data provided by the U.S. Small Business Administration. But I have no idea whether these Maryland businesses are aware of ADA drive-by lawsuits and the newly virtual-thru lawsuits.

Serial ADA lawsuit filers and “drive-by disability activists” are still taking advantage of the ADA.

“Drive-by” litigation? Some serial ADA filers have never even set foot onto the property to determine any architectural barriers for disabled individuals. For example, the serial ADA filer drives around spots violations with accessible parking spots and signs without even getting out of the car.

“Virtual-thru” litigation? For example, the woman mentioned above living in Florida visited the websites or third-party online booking sites for hotels and motels in Maine. She then filed lawsuits without seeing these properties in Maine.

For nearly two decades, unscrupulous lawyers and serial plaintiffs do not seek to increase access or eliminate barriers for persons with disabilities. Instead, their demand letters describe overly technical or potential infractions and demand thousands of dollars to settle at a price point that is slightly less than the cost to retain counsel. For example, a 59-inch-tall handicapped parking sign, instead of the 60-inch minimum, may result in a business’s liability.

Sen. Hatch exclaimed, “Consider that in 2019 alone, 11,053 ADA Title III lawsuits were filed in federal court — a record-breaking number that has more than doubled in the last five years.” The pandemic slowed 2020 Federal ADA Title III filings (10,982), but 2021 may be a record-breaker.

On Jan. 14, Rep. Ken Calvert, R-Calif., introduced the ADA Compliance for Customer Entry to Stores and Services Act (H.R. 77) (the ACCESS Act.) This bill is essentially the same as previous ADA notification bills, like H.R. 620 in 2018 and H.R. 4099 in 2019. This bill would aim to curb “drive-by” public accommodation suits by requiring that potential plaintiffs first give notice to the allegedly offending business – along with the opportunity to fix the problem – before filing an ADA suit.

However, H.R. 77 is likely not coming out from the House committee this session. The majority of these Maryland businesses could face the third threat of ADA virtual-by lawsuit, while preparing for meeting the $15 minimum wage by 2025 and recovering from the COVID-19 pandemic.

Maryland small business owners are urged to read the 279-page ADA Standards for Accessible Design (2010 Standards), which brings together the information in one easy-to-access location, and its ADA Update: A Primer for Small Business.

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By Howard Gorrell

“Direct citizen involvement, sunlight, and fair districting standards have proven their worth in other states. I hope everyone who cares about democracy in our state will consider volunteering to serve on the commission, making your voice heard by way of public comments and hearings, or even filing proposed maps.” Co-chair Walter Olson of Maryland Citizens Redistricting Commission on January 12.

Somewhere in Laurel

“That was so much fun!! Wow! Maryland is a mess!!! So many little areas next to others in different districts… Wow… West Virginia just 3 huge ones… Very educational!” exclaimed Carrie Quigley after playing puzzles on three states, Wisconsin, Maryland, and West Virginia, in the Slate’s weekly puzzle to save democracy, “Can You Put These Gerrymandered States Back Together?”

Flashback to 2011

Preparing for testifying before the Senate Committee on Reapportionment & Redistricting in October 2011, I discussed with Carrie Quigley, an interpreter holding a specialist certificate assigned by the Department of Legislative Reference, what I would testify.

She signed to me as a deaf person, “What is gerrymandering?’ and I gave her a brief explanation. Again, Quigley asked me, “What is the sign language word for ‘gerrymandering’?’ because its 14 characters was long — too long for fingerspelling the word of gerrymandering. I replied none, but I gave her my invention of the sign language word for gerrymandering.

Fast forward to 2019

After obtaining a reserved seat from a United States Supreme Court’s marshal, Quigley interpreted for me during the March 26, 2019 hearing of the Maryland redistricting case, Benisek v. Lamone, inside the land’s highest court, which was the first time for her to interpret there. After eight years of learning, she was well-educated about gerrymandering and redistricting.

Three months later, on June 27, the United States Supreme Court ruled that claims of unconstitutional partisan gerrymandering are not subject to federal court review. Disappointed by this ruling, Gov. Larry Hogan said, “I pledge to vigorously continue this fight, both in Maryland and across our nation. Gerrymandering is wrong, and both parties are guilty.”

Since then

The Supreme Court also ruled that federal courts have no power to stop state legislators from drawing districts along partisan lines and diluting votes for their opponents.

Surprisingly, on Jan. 12 this year, Hogan signed an executive order creating a citizen redistricting commission. The Maryland Citizens Redistricting Commission lacks the authority to draw binding maps but can make recommendations. The commission does put redistricting in the public eye.

Citizens are encouraged to participate

This citizen-drawn plan was tested for the Governor’s Emergency Commission on Sixth Congressional District Gerrymandering (2019). On Jan. 6, 2019, in Maryland Reporter, Planning Department Secretary Robert McCord said, “The public can create accounts and submit plans electronically. It’s a 21st century way to do it.”

Last April, I reached Walter Olson, co-chair of the Emergency Commission, and asked him whether the public could propose the 2021 redistricting plans online? He wrote, “The Emergency Commission served as a sort of pilot project for trying out the sorts of impartial and transparent procedures that Maryland should use in drawing its maps in 2021. Aside from requiring that maps not be adopted for the benefit of any party or candidate and that compactness and respect for local government boundaries be observed, the commission rules provided for extensive public participation, including public map submission, along with public streaming and archiving of commission discussions.” Olson paused, “These should be part of any 2021 redistricting effort.”

How many citizen plans were submitted to his 2019 Commission? Olson answered, “In all 28 plans were submitted. Because of near-duplicates and other issues, the number of distinct actual citizen submissions of maps that would be legally valid on population, etc., was probably closer to a dozen.”

Public map submission

Maryland should join eight states—Colorado, Idaho, Michigan, Missouri, New Jersey, New York, Ohio, and Utah—to provide that their redistricting authority shall accept and consider maps drawn and submitted by public members.

Citizens: Help Carrie Quigley to solve problems on six more states in another Slate weekly puzzle, “Can You Solve Slate’s Gerrymandering Jigsaw Puzzle?”

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