Board of Education Did Not Violate the Open Meetings Law

State Supreme Court Justice Donna Siwek heard argument yesterday on Carl Paladino’s Article 78 action to render the School Board’s retention of Dr. Pamela Brown as Superintendent. Judge Siwek rendered her decision later in the day, and it’s shown below. 

The tl;dr: Paladino alleged that the School Board violated the letter and spirit of the state’s Open Meetings Law by retiring into a closed executive session to discuss whom they would hire, and contractual details. The Court ruled that the Board was entitled to go into executive session to discuss the qualifications and other personal information regarding the various applicants, although the Board broke a technical rule by failing to properly announce that they were doing so. On the second point, the Board was within its rights to go into executive session to speak in confidence with their attorney regarding contractual matters relating to the new hire. 

Paladino may have lost, but in this case he thought the Board had acted improperly, and he took it upon himself to protect citizens’ right to know. More like this, please. 

Judge Siwek order on Paladino Article 78 Action vs. Buffalo School Boardhttp://www.scribd.com/embeds/99893516/content?start_page=1&view_mode=list&access_key=key-2okp6h42lcwgfg52hd8d

Chris Collins: Repeal Consumer Protections

This morning, on my way to work, I caught a WBFO interview with Republican candidate for Congress, Chris Collins. The lies and misinformation reveal that Collins is either misinformed, trying to dupe his prospective constituents, or both. 

Collins suggested that the Affordable Care Act, or Obamacare, is exactly like the Canadian single-payer Medicare system. While Obamacare is many things, many of which are open to debate and criticism, one thing it decidedly is not is anything resembling what Canadians enjoy*. 

*Yes, enjoy. 82.5% of Canadians in a recent poll indicated that they were “very satisfied” or “somewhat satisfied” with their health care system. 86% of them wanted the current system strengthened through public initiative, rather than privatized. American politicians can denigrate a Canadian system that is wildly popular with Canadians.  By contrast, a 2007 Gallup poll found that only 57% of Americans were satisfied with whatever private or public insurance they had.  By contrast, our own domestic single-payer Medicare plan, available only to seniors,  Whereas in 2007 45% of people with expensive private coverage reported problems with access to care, and 35% reported problems with billing, only 18% of Medicare recipients reported access problems, and only 14% reported any billing issues.  A 2010 Suffolk University poll revealed that 94% of American Medicare recipients are satisfied with their socialist, Canadian-style, single-payer plan. 

He went on to say that he hopes that Romney becomes President, and that that Republicans maintain their House majority, and add three Senate seats so that they can “completely” dismantle and repeal Obamacare. In its place, Collins suggested insurer competition across state lines, and minimizing injured patients’ access to the courts to seek redress for medical malpractice. Both of these “solutions” would hardly put a ding in the overwhelming cost of health care in this country, and would do absolutely nothing to guarantee universal coverage, or to shut the emergency room-as-primary care payment budget hole that our taxes fill. 

But the question that wasn’t asked is, what would result from an immediate repeal of Obamacare? Here are the provisions that have already become active

  • Expand the FDA’s ability to approve more generic drugs (making for more competition in the market to drive down prices) ( Citation: An entire section of the bill, called Title VII, is devoted to this, starting on page 766 )

  • An increase in the rebates on drugs people get through Medicare (so drugs cost less) ( Citation: Page 235, sec. 2501 )

  • Established a non-profit group, that the government doesn’t directly control, PCORI, to study different kinds of treatments to see what works better and is the best use of money. ( Citation: Page 684, sec. 1181)

  • Requires chain restaurants like McDonalds display how many calories are in all of their foods, so people can have an easier time making choices to eat healthy. ( Citation: Page 518, sec. 4205 )

  • Creates a “high-risk pool” for people with pre-existing conditions. Basically, this is a way to slowly ease into getting rid of “pre-existing conditions” altogether. For now, people who already have health issues that would be considered “pre-existing conditions” can still get insurance, but at different rates than people without them. ( Citation: Page 49, sec. 1101Page 64, sec. 2704, and Page 65, sec. 2702 )

  • Forbids insurance companies from discriminating based on a disability, or because they were the victim of domestic abuse in the past (yes, insurers really did deny coverage for that) ( Citation: Page 66, sec. 2705 )

  • Renews some old policies, and calls for the appointment of various positions.

  • Creates a new 10% tax on indoor tanning booths. ( Citation: Page 942, sec. 5000B )

  • Forbids health insurance companies from telling customers that they won’t get any more coverage because they have hit a “lifetime limit”. Basically, if someone has paid for health insurance, that company can’t tell that person that he’s used that insurance too much throughout his life so they won’t cover him any more. They can’t do this for lifetime spending, and they’re limited in how much they can do this for yearly spending. ( Citation: Page 33, sec. 2711 )

  • Allows children to continue to be covered by their parents’ health insurance until they’re 26. ( Citation: Page 34, sec. 2714 )

  • Eliminates “pre-existing conditions” exclusions for kids under the age of 19. ( Citation: Page 64, sec. 2704 and Page 76, sec. 1255 )

  • Limits insurers’ ability to change the amount customers have to pay for their plans. ( Citation: Page 66, sec. 2794 )

  • Helps close the “Medicare Gap” by paying rebates to make up for the extra money they would otherwise have to spend. ( Citation: Page 398, sec. 3301 )

  • Prohibits insurers from dropping customers once they get sick. ( Citation: Page 33, sec. 2712 )

  • Requires insurers to be transparent about fees. (Instead of just “administrative fee”, they have to be more specific).

  • Requires insurers to have an appeals process for when they turn down a claim, so customers have some manner of recourse other than a lawsuit when they’re turned down. ( Citation: Page 42, sec. 2719 )

  • Increases anti-fraud funding, and new ways to stop fraud are created. ( Citation: Page 718, sec. 6402 )

  • Medicare extends to smaller hospitals. ( Citation: Starting on page 363, the entire section “Part II” seems to deal with this )

  • Medicare patients with chronic illnesses must be monitored more thoroughly.

  • Reduces the costs for some companies that handle benefits for the elderly. ( Citation: Page 511, sec. 4202 )

  • A new website is made to give people insurance and health information. (http://www.healthcare.gov/ ). ( Citation: Page 55, sec. 1103 )

  • A credit program is made that will make it easier for business to invest in new ways to treat illness by paying half the cost of the investment. (Note – this program was temporary. It already ended) ( Citation: Page 849, sec. 9023 )

  • A limit is placed on just how much of a percentage of the money an insurer makes can be profit, to make sure they’re not price-gouging customers. (Citation: Page 41, sec. 1101 )

  • A limit is placed on what type of insurance accounts can be used to pay for over-the-counter drugs without a prescription. Basically, your insurer isn’t paying for the Aspirin you bought for that hangover. ( Citation: Page 819, sec. 9003 )

  • Employers need to list the benefits they provided to employees on their tax forms. ( Citation: Page 819, sec. 9002 )

  • Any new health plans must provide preventive care (mammograms, colonoscopies, etc.) without requiring any sort of co-pay or charge. ( Citation: Page 33, sec. 2713 )

What the ACA really amounts to is a consumer protection act. While Collins and his ilk will call this a job-killing tax on the middle class, or something, it really amounts to a prohibition against insurance companies from engaging in predatory practices against its ratepayers. It provides better protections for consumers.  

The question is – why does Chris Collins want to repeal all of the consumer protections that have gone into effect? 

Collins also suggested that an extension of the Bush-era tax cuts should be extended to all Americans, including him and those like him with millions in income. The Obama plan would extend those tax cuts only to the middle class, and revert back to Clinton-era, pre-9/11 rates for those making more than $250,000 per year. 

Under Bill Clinton, unemployment dropped steadily from over 7% in 1993 to 4.4% by the late 90s. To suggest, therefore, that reverting tax rates to what we had in the 90s would stymie employment growth versus the situation we have now – with anemic jobs growth and the Bush tax cuts in place – strains credulity. 

Collins suggested that reverting to the Clinton-era tax rates for those making over $250,000 per year would be a “wet blanket” on job growth. However, only 3.5% of small businesses – mostly professionals like doctors and lawyers – would be affected by this change. An op/ed in the Washington Post goes into more detail here

Chris Collins opens his mouth and finds himself wrong again. Almost like it’s a pattern or something. 

The Long Walk: Released Today

http://rcm.amazon.com/e/cm?lt1=_blank&bc1=000000&IS2=1&nou=1&bg1=FFFFFF&fc1=000000&lc1=0000FF&t=buffalopundit-20&o=1&p=8&l=as1&m=amazon&f=ifr&ref=qf_sp_asin_til&asins=0385536208

Today is a big day for my friend and former WNYMedia.net colleague, Brian Castner. A book he wrote about his experiences in Iraq as a bomb disposal unit commander, and about his readjustment to civilian life, is released today. He led a group that would find and destroy IEDs, investigate the aftermath of their detonation, and conduct house-to-house searches for the perpetrators. Almost more chilling is what that sort of experience does to a person when they return Stateside. 

Brian is a gifted and intelligent writer and he offers a unique perspective on a conflict we who weren’t there understand only in the abstract. Congratulations to him – I hope the book is a hit, and I thank him for sharing his experience with a wider audience. 

Brian appeared on NPR’s Fresh Air yesterday, and you can listen to his interview here. He has also talked with Nick Mendola, Artvoice, Publisher’s Weekly, and maintains his own blog here

Follow Brian on Twitter, and “like” his Facebook page here

The New Aristocracy (Let Them Drive Bentleys!)

Since the Reagan Administration, it has been an article of faith among the Republican Party faithful that the best way to grow and help the economy is to cut taxes on the wealthy, and to otherwise make rich people’s lives more comfortable. As a result, the wealthy will spend more money and the wealth will “trickle down” to the middle class and poor.

Yet history shows us that the idea that our economy cannot thrive when the rich are highly taxed is patently false – the postwar boom years of 1946 – 1963 featured the wealthiest Americans paying up to 91 – 92% of their income to the IRS. Until 1982, the last time the wealthiest Americans paid less than a 63% rate was in 1931, when it was 25%.  The masters of the universe, undertaxed and unfettered, love plunging the world into massive depression spirals; we learn little from history. 

Reaganomics was not the panacea it’s remembered as.  The Reagan Administration dropped the top marginal tax rate from 70% to 50% to 38.5%, but as a result income inequality has skyrocketed, and median household income has risen by a paltry 30%, while the richest Americans’ income has tripled or quadrupled in the same time frame. 

When your nation is built upon a mythology of equality not only at birth but in opportunity, this sort of thing – a system that is designed to comfort the comfortable and stymie regular people – tends to cause widespread anger and disgust.  We cut taxes on the people best able to afford them and propose the privatization, cuts, or elimination to social programs like Medicaid, Medicare, Social Security, and other portions of our hodgepodge of a safety net. 

When you complain about how the system is now bought and paid for by the superwealthy – how the very rich have bought a political party, (if not the entire government), aided and abetted by an almost complete absence of campaign finance limitations, right wing America dismisses you as a Soviet communist engaging in Marxist class warfare. 

But class warfare is patriotic; class warfare is the very cornerstone upon which this country was founded. Our late 18th century revolt against Great Britain was a bourgeois revolution, which overthrew an oppressive colonial aristocratic superpower and established a constitutional representative republic based not on birthright and divine providence, but on law. Gentleman farmers, educated professionals, merchants, and traders united to create the first nation forged out of the ideas of the Enlightenment

Yet now, we are told that helping the bourgeoisie is communism, while a new aristocracy is being created and we are repeatedly told that assisting the aristocracy will help the common man. The facts, however, don’t bear that out. Why that isn’t part of the political discussion has a lot to do with misinformation and propaganda. The New Aristocracy and their paid-for media and politicians have in the past two generations mastered how to frame the argument – help us, help yourselves! 

The perfect crystallization of this was revealed this weekend. Republican / New Aristocrat Presidential candidate Mitt Romney attended fundraisers this past weekend in the Hamptons – the uberglitzy, exclusive, and home of ridiculously conspicuous overconsumption – the east coast playground of the New Aristocracy. The Los Angeles and New York Times interviewed attendees, and these quotes ought to be that new class’ “Let them Eat Cake” moment. 

A New York City donor a few cars back, who also would not give her name, said Romney needed to do a better job connecting. “I don’t think the common person is getting it,” she said from the passenger seat of a Range Rover stamped with East Hampton beach permits. “Nobody understands why Obama is hurting them.

“We’ve got the message,” she added. “But my college kid, the baby sitters, the nails ladies — everybody who’s got the right to vote — they don’t understand what’s going on. I just think if you’re lower income — one, you’re not as educated, two, they don’t understand how it works, they don’t understand how the systems work, they don’t understand the impact.”

and 

A few cars back, Ted Conklin, the owner of the American Hotel in Sag Habor, N.Y., long a favorite of the well-off and well-known in the Hamptons, could barely contain his displeasure with Mr. Obama. “He is a socialist. His idea is find a problem that doesn’t exist and get government to intervene,” Mr. Conklin said from inside a gold-colored Mercedes as his wife, Carol Simmons, nodded in agreement.

Ms. Simmons paused to highlight what she said was her husband’s generous spirit: “Tell them who’s on your yacht this weekend! Tell him!”

Over Mr. Conklin’s objections, Ms. Simmons disclosed that a major executive from Miramax, the movie company, was on the 75-foot yacht, because, she said, there were no rooms left at the hotel.

Oh, the common person is “getting it”. 

I’d very much like it if these people paid a bit more in taxes if it means that regular people get improved access to health care, shoring up Social Security, strengthening of Medicaid and expansion of Medicare, and to help pay for our many overseas military adventures – disproportionately fought by the children of the bourgeoisie and proletariat – and ultimately to help reduce the deficit. 

Fiscal responsibility begins when you ease and help lives that are tough. There’s a class war being waged, and it’s being aggressively promoted by the modern, New World version of titular nobility. 

 

Three Things for Friday

Here are three observations for you to consider: 

1. I’m not a regular follower of the almost Vaticanesque intrigue that regularly plagues the Buffalo school system, and happily remind Buffalo boosters regularly that the schools’ mismanagement and disarray is a massive impediment to people choosing to live within city limits. The Buffalo News’ Mary Pasciak does a fantastic job chronicling the school board’s goings on. If Carl Paladino is right about the allegations he makes in an Article 78 action he filed this week (to force a municipal entity to act lawfully), then he should be commended for being the only one willing to take on that battle.  The school board should act transparently, with lawful public input. 

2. The term “illegal immigrant” was first coined by Palestine’s British masters in 1939 to describe Jews fleeing Nazi genocide. It is a term recommended by not only the AP stylebook, but also by Orwellian Republican language guru Frank Luntz. Latino businessman Charles Garcia argues here that the term is a slur that serves only to dehumanize and denigrate people who are really just economic refugees. Most deportable immigrants have that status because they’ve overstayed valid entry visas –  not because they crossed a river in the middle of the night. I’m guilty of using “illegal alien”, and will stop using the phrase, because if Elie Wiesel says it’s improper, I’ll go along with that. Here’s some additional information you’re probably not aware of, coming from the recent Supreme Court majority decision arising out of the Arizona immigration law. 

Justice Anthony Kennedy, writing for the majority, joined by Chief Justice John Roberts and three other justices, stated: “As a general rule, it is not a crime for a removable alien to remain present in the United States.” The court also ruled that it was not a crime to seek or engage in unauthorized employment.

As Kennedy explained, removal of an unauthorized migrant is a civil matter where even if the person is out of status, federal officials have wide discretion to determine whether deportation makes sense. For example, if an unauthorized person is trying to support his family by working or has “children born in the United States, long ties to the community, or a record of distinguished military service,” officials may let him stay. Also, if individuals or their families might be politically persecuted or harmed upon return to their country of origin, they may also remain in the United States.

Perhaps our rhetoric on this issue is a bit overwrought and needs to be re-examined. 

3. The only person more gratingly annoying than Billy Fuccillo is his blonde sidekick, Abby Sommers. These two have been polluting my television for weeks now, and are even featured in a lengthy occasional infomercial. It’s all screaming and sexual innuendo from the two least appealing people on the face of the planet. They don’t appear to be in any sort of relationship other than a commercial one, but from their carrying on, you’d think they were married. 

Political Soothsaying

Chris Collins 2010 Summer Green Series Speaker

Photo by Flickr User KVIS

What I do here is offer my opinion on issues and events. I seldom cover actual news, and on the rare occasion that I do, I still do it from a particular point of view, and will ultimately tell you what I think about it – and what I think you should think about it. 

What the Buffalo News does is report the news, except in clearly defined columns, and on the op-ed pages, where the author’s own opinion is proferred. 

What nobody does is enter psychic mode and extrapolate what an interviewee actually meant to say, and then offer up an amended version of a quote. 

The Batavian is a website that mostly reports the news. It has occasionally delved into opinion writing, but for the most part it reports on goings-on in the courts, sports news, development, entertainment, who got arrested at Darien Lake, and what happens on the scanners. It’s small-town reporting at its purest, and it’s a great resource for Batavians who until recently had only a single local paper. It also covers local, state, and federal political races that are relevant to its readership.  It’s a straight news outlet. 

Earlier this week, I highlighted an interview that the Batavian’s Howard Owens conducted with congressional candidate Chris Collins, where he made some outrageous statements about the survivability of breast and prostate cancers. The quote was as follows: 

The healthcare reforms Collins said he would push would be tort reform and open up competition in insurance by allowing policies across state lines.

Collins also argued that modern healthcare is expensive for a reason.

People now don’t die from prostate cancer, breast cancer and some of the other things,” Collins said. “The fact of the matter is, our healthcare today is so much better,  we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators — they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases.” [Emphasis added].

Later that day, the Erie County Health Commissioner issued a statement challenging Collins’ assertion, and urging people to get tested and to be vigilant for breast and prostate cancers. Almost at the same time, Collins’ opponent, incumbent Congresswoman Kathy Hochul released this

“Chris Collins has demonstrated a stunning lack of sensitivity by saying, ‘people now don’t die from prostate cancer, breast cancer, and some of the other things.’ Tragically, nearly 70,000 people will die this year from these two types of cancer alone.  We can disagree about public policy without making these kinds of outrageous and offensive statements.”

Good statement – concise, pointed, properly angry and scolding. The quotation was verbatim from the Batavian’s piece.  
 
However, The Batavian’s Howard Owens was not happy, and he expressed his displeasure in a novel way. Without differentiating his post from the straight reporting the Batavian otherwise usually engages in, he posted a pure opinion piece which, I think, crossed a line. After printing Hochul’s statement, Owens opines, 

That’s the statement, with no reference to the source nor the full quote so people could judge the context for themselves.

The original source is The Batavian (both as a courtesy to The Batavian and as a matter of complete transparency, the Hochul campaign should have included this fact in its release).

I’ll be the first to admit that I get pissy when I don’t get proper credit for something, but is this more a fit of pique than anything else?  After all, Collins’ statement about cancer survivability stands on its own, and speaks for itself.  If there exists any doubt about the pure meaning of Collins’ words, then it’s up to Collins to explain them and expand upon them, no? But here, Owens goes on to reproduce the entire paragraph in which Collins’ cancer quip is contained, and continues: 

On its face, the opening part of the quote from Collins sounds outrageous, but in context, clearly, Collins misspoke. More likely, he meant to say. “Fewer people die from prostate cancer, breast cancer and some of the other things.” [emphasis added].

First, Owens supposes that Collins simply misspoke. Well, what Collins said seems outrageous because it is outrageous. Context? The context about which Owens is so concerned is open to interpretation, I suppose. But isn’t that conclusion solely within the province of the utterer of the words, or the reader of the article?

Is Collins grossly misinformed about cancer survivability, or is he just a clumsy politician who was trying to embellish a point about how Obamacare is horrible and health care is expensive, and should be? That’s my call – not Owens’. 

Propriety aside, I don’t see any evidence that Collins “misspoke”. There was no follow-up, and he didn’t correct his statement. Collins didn’t go on to further explain or expand upon what he said about breast and prostate cancers. He just went on to assert that some 40 year-old medical technologies like TENS machines and implanted defibrillators “didn’t exist 10 years ago”. 

The whole paragraph is a load of semi-informed nonsense. The whole paragraph is Collins’ politicization of health care to persuade readers to maintain the status quo. Yet Owens argues that it’s important for voters to consider Collins’ BS about cancer within the context of all the other falsehoods and lies he excreted during that portion of the interview. 

The real outrage, though, is Owens’ second assertion – suggesting what Collins must have meant to say, and completely re-stating what Collins said, in quotation marks.  That’s not how journalism works. What else exists in that paragraph to help reach the conclusion that Collins really meant something different from what he actually said? After that first ridiculous sentence, Collins utters not another word about cancer

If Owens thought Collins “misspoke”, he could have asked a follow-up; for example, “wait, you just said no one dies from breast cancer or prostate cancer, you didn’t really mean that, did you?” But there was no such follow-up. There was no explanation; there is no relevant context to further explain what Collins meant. Owens is playing psychic and ex-post-facto trying to repair a Collins gaffe. Hey, Howard, what did Collins “mean” when he repeatedly called Shelly Silver the “anti-Christ”? What did Collins “mean” when he invited a female Republican bigwig to give him a “lapdance”? 

Allow me to divert from the underlying point by asking, why? 

Why do WNY media and their personalities and writers bend over backwards so regularly and consistently for Chris Collins? Is it because Collins demands that kind of treatment in exchange for access? Is it because they’re enamored of his money and success? Is it because of campaign ads?  I’m asking seriously. This guy gets away with so many lies, so often, and he gets a routine uncritical pass. 

Think I’m kidding? Just this past Sunday, Bob McCarthy wrote the same bunch of brown-nosing BS about Chris Collins that he’s written at least twice before. “[Collins] had done everything he said he would do. His administration was scandal-free. And he lost.”  In November 2011, McCarthy wrote, “How did a county executive who fulfilled all his promises with minimal effects on taxes and no scandals manage to lose?”  Then again in December 2011, McCarthy wrote, “This time, the defeat seems to genuinely hurt. Collins struggles to grasp how he lost after keeping all his campaign promises of 2007 while running Erie County without a hint of scandal.”  I addressed the blatant inaccuracy of the “scandal-free” / “promises kept” assertions here

That’s a lot of identical puffery of one guy, multiple times in one year. The same reporter did a story on this Collins cancer kerfuffle , and Collins basically said he knows people with cancer. Having politicized cancer by suggesting that, thanks to America’s unsustainably expensive health care system, “no one dies from” certain types of the disease, Collins issued this: 

As the brother of a breast cancer survivor, I am grateful for the medical advances that saved my sister’s life, which would not have been possible a generation ago,” he said. “I find it troubling that Kathy Hochul would politicize the seriousness of cancer.

Hey, Chris and Howard – where in that extended Batavian quote did Collins mention a single, solitary medical advance, treatment, or medication that has anything to do with improved breast and prostate cancer survivability over the past generation? I’ll answer for you: nowhere. Perhaps reporters shouldn’t try to play soothsayer and, weeks later, divine what their interviewees “mean” to say, and then create phony “amended” statements, complete with improper quotation marks.  

Owens concludes,  

That’s not what he said (I taped the interview and the original quote as published is accurate), but the rest of the quote clearly explains the larger point he is trying to make, which is that medical advances have driven up the cost of healthcare.

To rip this quote out of context and try to use it to paint Collins as some sort of insensitive boob is the kind of below-the-belt, negative campaign tactic that keeps people from being engaged in the process and casting intelligent votes. Frankly, I think of Kathy Hochul as somebody who is more dignified than this sort of mudslinging.

Well, actually, it is precisely what he said, isn’t it?  I mean, if the original quote as published is accurate, then Collins said exactly what you wrote. Does it “clearly explain” some uninformed point Collins was trying to make about Obamacare-is-bad? Not really.
 
Is it mudslinging? By whom
 
Do I think that Chris Collins really believes that breast and prostate cancers don’t kill people anymore? I don’t really know, but I’m willing to accept that he’s a reasonably intelligent, reasonably well-informed person who would know that these cancers remain quite lethal.  So, do I think he “misspoke”? Not really – “misspoke” implies inadvertent error. So, what’s going on? 
 
I disagree with Owens’ crystal ball about what Collins “meant” to say. I think Collins said exactly what he meant to say; that people, generally, don’t die from prostate and breast cancers as much anymore, thanks to innovation and technology.  But he never properly expressed his point, and certainly didn’t back it up.  He politicized cancer and medical advances in order to make a point that we should maintain the current, unsustainable, unfair, over-expensive and under-performing system of private health insurance we have today, and that Obamacare (and, by extension, Kathy Hochul), are bad.  He was doing what politicians do – embellishing facts to score a political point. To suggest otherwise; to suggest that Hochul’s statement was an egregious horror whilst Collins’ was an earnest mistake, is utter nonsense.
 
Politicians are engaged in a competitive system and have to differentiate themselves through persuasion. Collins made a factual assertion, and his opponent criticized it. If Hochul crossed some arbitrary Owens line of propriety, so did Collins. 
 
Owens suggested on Twitter that I was being hypocritical, because I cheered him when he embarrassed Jane Corwin last year.  The facts beg to differ.  In 2011, Owens was doing his job as a reporter – asking Corwin pointed questions about the second videotape that would have shown her staffer Michael Mallia harassing Jack Davis.  He was committing journalism in the first degree – pretending to be a Lily Dale psychic with respect to Collins’ “meaning” isn’t the same thing. 
 
In 2011, Owens didn’t fire up the Batavian posting machine to specifically fisk a statement that Corwin made, accuse her of a “slur”, and suggest that the verbatim transcription of what someone said wasn’t really what they meant to say, and then create and publish a fictional amended quotation to reflect that “meaning”. 
 
Owens is entitled to his outrage at Hochul’s rather mild reaction to Collins’ politicization of cancer, but to accuse her of a “slur” for repeating what Collins said, and criticizing it, is ridiculous. To create an opinion piece specifically to call her out for it is silliness. To – without any factual evidence – condescend to the reader by explaining Collins’ meaning and amending his statement, and surrounding it in quotation marks, is outrageous. 
 
Maybe what Owens misspoke. What he meant to say was, “Hochul’s statement was quite tame, and I’m genuinely upset that she didn’t cite the Batavian.
 
Sucks, doesn’t it? 

Erie County Health Commissioner on Breast & Prostate Cancer

Erie County Health Commissioner Dr. Gale Burstein saw what the previous County Executive had to say about how people no longer die from breast and prostate cancer and “some of the other things”, and today issued the following press release: 

BURSTEIN CALLS ATTENTION TO CANCER RATES IN ERIE COUNTY

Prostate, Breast Cancer Mortality Rates Indicate that Residents Still Suffer

ERIE COUNTY, NY— Erie County Health Commissioner Dr. Gale Burstein today issued a statement regarding the incidence and mortality rates of prostate and breast cancer in Erie County, underlining their serious nature and the fact that people still suffer from these diseases. Former-Erie County Executive Chris Collins recently stated in an interview, “People now don’t die from prostate cancer, breast cancer and some of the other things.”[1]

“All types of cancer, including prostate and breast cancer, have significant mortality rates associated with them.  During 2005-2009, Erie County saw an annual average of 826 cases of female breast cancer, with an average of 176 deaths per year. For prostate cancer in the same period, the annual average was 930 cases, with an average of 103 deaths per year.”

“These numbers represent the sad reality that, despite advances in cancer treatments, people still die from these types of cancers.  It is imperative that people not only be aware of the potential risks from all types of cancers but get appropriately screened and checked as recommended by your doctor for breast and prostate cancer.”

For more information on Erie County cancer statistics, visit: http://www.health.ny.gov/statistics/cancer/registry/vol1/v1cerie.htm

For more information on the Erie County Health Department, visit:  http://www2.erie.gov/health/

(Image courtesy Tom Dolina)

Erie County Health Commissioner on Breast & Prostate Cancer

Erie County Health Commissioner Dr. Gale Burstein saw what the previous County Executive had to say about how people no longer die from breast and prostate cancer and “some of the other things”, and today issued the following press release: 

BURSTEIN CALLS ATTENTION TO CANCER RATES IN ERIE COUNTY

Prostate, Breast Cancer Mortality Rates Indicate that Residents Still Suffer

ERIE COUNTY, NY— Erie County Health Commissioner Dr. Gale Burstein today issued a statement regarding the incidence and mortality rates of prostate and breast cancer in Erie County, underlining their serious nature and the fact that people still suffer from these diseases. Former-Erie County Executive Chris Collins recently stated in an interview, “People now don’t die from prostate cancer, breast cancer and some of the other things.”[1]

“All types of cancer, including prostate and breast cancer, have significant mortality rates associated with them.  During 2005-2009, Erie County saw an annual average of 826 cases of female breast cancer, with an average of 176 deaths per year. For prostate cancer in the same period, the annual average was 930 cases, with an average of 103 deaths per year.”

“These numbers represent the sad reality that, despite advances in cancer treatments, people still die from these types of cancers.  It is imperative that people not only be aware of the potential risks from all types of cancers but get appropriately screened and checked as recommended by your doctor for breast and prostate cancer.”

For more information on Erie County cancer statistics, visit: http://www.health.ny.gov/statistics/cancer/registry/vol1/v1cerie.htm

For more information on the Erie County Health Department, visit:  http://www2.erie.gov/health/

(Image courtesy Tom Dolina)

Collins: People Don't Die from Prostate, Breast Cancers Anymore (UPDATED)

On June 24th, The Batavian published an interview with Republican nominee Chris Collins (R-Spaulding Lake).  Among the topics discussed was Obamacare, which Collins, “clearly dislikes”. 

The healthcare reforms Collins said he would push would be tort reform and open up competition in insurance by allowing policies across state lines.

Collins also argued that modern healthcare is expensive for a reason.

People now don’t die from prostate cancer, breast cancer and some of the other things,” Collins said. “The fact of the matter is, our healthcare today is so much better,  we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators — they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases.” [Emphasis added].

So, if you know someone who has recently died from prostate or breast cancer, that’s a lie.  Put away your pink ribbons, Komen! No need to raise awareness of the importance of PSA screenings, fellas! People just don’t die from these anymore, says a purportedly serious person with no medical training whatsoever, who is running for federal office!

Also, the implantable cardiac defibrillator and neural stimulators, or TENS devices, were both invented and patented in the late 60s or early 70s; therefore, they existed “10 years ago”. 

GLOW-area Democratic activist Adama Brown already did the research, so I’ll quote his results

National Cancer Institute figures show a very different story: Breast cancer kills about 40,000 women a year in the US. Prostate cancer kills about 30,000 men. Five year mortality rates are 23% for breast cancer, 26% for prostate cancer. Only colorectal cancer and lung cancer kill more Americans.

That means that if you get one of these two cancers, even with complete modern medical treatment, drugs, therapies, etcetera, your average odds of being dead within five years after diagnosis are about one in four.

That’s a higher chance of death than you would have with an average gunshot wound–only 22% of gunshot wounds are fatal. And a gunshot can’t come out of remission and kill you years later even if you survive the first time.

Asserting that the 70,000 people per year who die from breast and prostate cancers, “now don’t die” isn’t the only blatantly misinformed lie that Collins passed off as “fact”. 

What Obamacare does is produce $500 billion in savings over 10 years, and slowing spending is something Republicans are supposed to favor. Collins is lying because he thinks you’re stupid.  He’s lying because he’s parroting talking points from right-wing lobbyist groups with whom he hopes to do business

He said Obama wants to cut $500 billion from Medicare, which, he said, would decimate Medicare Advantage.

Also, he said, Obama would trim $350 million from reimbursements to doctors, which Collins believes will encourage doctors to stop seeing Medicare patients.

“They don’t have to take Medicare patients. So in the supply-and-demand world, if you’re busy what do you do? You usually elminate your least profitable customer,” Collins said. “So the thought that the federal government can set the reimbursement rates for doctors and cut 30 percent out their income and nothing’s going to change is just nonsense. Right there and then you’ve got to get rid of Obamacare.”

First of all, Obamacare doesn’t “cut $500 billion from Medicare”, an assertion Politifact has called, “mostly false”.  What Obamacare does is slow the growth of Medicare spending by $500 billion over 10 years – Medicare spending will continue to grow during that period. It also closes the “donut hole” for prescription medication coverage, and places a greater emphasis on proactive preventative treatment.  The rest of it is just Heritage Foundation fearmongering, most of which has already been judged “pants on fire”, designed to scare seniors into supporting Collins and the Republican plan to voucherize Medicare. 

Collins wants a flat tax, so that he pays the same rate on millions in income as you do on thousands. It should be noted that Collins hasn’t released his tax returns, and it’s widely speculated that the reason for his reluctance to do so is that he probably makes much of his money through investments, which are taxed at around a 15% rate. 

On trade, Collions wants the U.S. to stand up to China.

“The key words there are China cheats,” Collins said. “They cheat by manipulating their currency, which gives them, I believe, a 30-percent cost advantage over the American manufacturer. They steal our intellectual property.  And they don’t open their own markets to our manufacturers.”

The response, Collins said, is tarriffs until China capitulates and trades as an equal partner with the U.S.

“I believe China needs us more than we need them,” Collins said. “They need our consumers. Quite frankly, we don’t need them.” 

Remember that story about Collins ripping off a bunch of local investors in a neighbor’s invention, and how he illegally held the meeting telling them to go ahead and sue him in the County Executive’s office? They make the Balance Buddy in China

So many lies, all concentrated into one interview in one article. I don’t know how this was overlooked prior to the Republican primary on the 26th, but you can bet it’s going to come up a lot during the general election campaign.  A tip of the hat to Batavia political activist Dan Jones for drawing attention to it. 

UPDATED:  See the press release issued today by Erie County Health CommissionerDr. Gale Burstein,

Also, Kathy Hochul responds: 

STATEMENT FROM CONGRESSWOMAN KATHY HOCHUL ON CHRIS COLLINS’ COMMENTS REGARDING CANCER

 “Chris Collins has demonstrated a stunning lack of sensitivity by saying, ‘people now don’t die from prostate cancer, breast cancer, and some of the other things.’ Tragically, nearly 70,000 people will die this year from these two types of cancer alone.  We can disagree about public policy without making these kinds of outrageous and offensive statements.”

Collins: People Don’t Die from Prostate, Breast Cancers Anymore (UPDATED)

On June 24th, The Batavian published an interview with Republican nominee Chris Collins (R-Spaulding Lake).  Among the topics discussed was Obamacare, which Collins, “clearly dislikes”. 

The healthcare reforms Collins said he would push would be tort reform and open up competition in insurance by allowing policies across state lines.

Collins also argued that modern healthcare is expensive for a reason.

People now don’t die from prostate cancer, breast cancer and some of the other things,” Collins said. “The fact of the matter is, our healthcare today is so much better,  we’re living so much longer, because of innovations in drug development, surgical procedures, stents, implantable cardiac defibrillators, neural stimulators — they didn’t exist 10 years ago. The increase in cost is not because doctors are making a lot more money. It’s what you can get for healthcare, extending your life and curing diseases.” [Emphasis added].

So, if you know someone who has recently died from prostate or breast cancer, that’s a lie.  Put away your pink ribbons, Komen! No need to raise awareness of the importance of PSA screenings, fellas! People just don’t die from these anymore, says a purportedly serious person with no medical training whatsoever, who is running for federal office!

Also, the implantable cardiac defibrillator and neural stimulators, or TENS devices, were both invented and patented in the late 60s or early 70s; therefore, they existed “10 years ago”. 

GLOW-area Democratic activist Adama Brown already did the research, so I’ll quote his results

National Cancer Institute figures show a very different story: Breast cancer kills about 40,000 women a year in the US. Prostate cancer kills about 30,000 men. Five year mortality rates are 23% for breast cancer, 26% for prostate cancer. Only colorectal cancer and lung cancer kill more Americans.

That means that if you get one of these two cancers, even with complete modern medical treatment, drugs, therapies, etcetera, your average odds of being dead within five years after diagnosis are about one in four.

That’s a higher chance of death than you would have with an average gunshot wound–only 22% of gunshot wounds are fatal. And a gunshot can’t come out of remission and kill you years later even if you survive the first time.

Asserting that the 70,000 people per year who die from breast and prostate cancers, “now don’t die” isn’t the only blatantly misinformed lie that Collins passed off as “fact”. 

What Obamacare does is produce $500 billion in savings over 10 years, and slowing spending is something Republicans are supposed to favor. Collins is lying because he thinks you’re stupid.  He’s lying because he’s parroting talking points from right-wing lobbyist groups with whom he hopes to do business

He said Obama wants to cut $500 billion from Medicare, which, he said, would decimate Medicare Advantage.

Also, he said, Obama would trim $350 million from reimbursements to doctors, which Collins believes will encourage doctors to stop seeing Medicare patients.

“They don’t have to take Medicare patients. So in the supply-and-demand world, if you’re busy what do you do? You usually elminate your least profitable customer,” Collins said. “So the thought that the federal government can set the reimbursement rates for doctors and cut 30 percent out their income and nothing’s going to change is just nonsense. Right there and then you’ve got to get rid of Obamacare.”

First of all, Obamacare doesn’t “cut $500 billion from Medicare”, an assertion Politifact has called, “mostly false”.  What Obamacare does is slow the growth of Medicare spending by $500 billion over 10 years – Medicare spending will continue to grow during that period. It also closes the “donut hole” for prescription medication coverage, and places a greater emphasis on proactive preventative treatment.  The rest of it is just Heritage Foundation fearmongering, most of which has already been judged “pants on fire”, designed to scare seniors into supporting Collins and the Republican plan to voucherize Medicare. 

Collins wants a flat tax, so that he pays the same rate on millions in income as you do on thousands. It should be noted that Collins hasn’t released his tax returns, and it’s widely speculated that the reason for his reluctance to do so is that he probably makes much of his money through investments, which are taxed at around a 15% rate. 

On trade, Collions wants the U.S. to stand up to China.

“The key words there are China cheats,” Collins said. “They cheat by manipulating their currency, which gives them, I believe, a 30-percent cost advantage over the American manufacturer. They steal our intellectual property.  And they don’t open their own markets to our manufacturers.”

The response, Collins said, is tarriffs until China capitulates and trades as an equal partner with the U.S.

“I believe China needs us more than we need them,” Collins said. “They need our consumers. Quite frankly, we don’t need them.” 

Remember that story about Collins ripping off a bunch of local investors in a neighbor’s invention, and how he illegally held the meeting telling them to go ahead and sue him in the County Executive’s office? They make the Balance Buddy in China

So many lies, all concentrated into one interview in one article. I don’t know how this was overlooked prior to the Republican primary on the 26th, but you can bet it’s going to come up a lot during the general election campaign.  A tip of the hat to Batavia political activist Dan Jones for drawing attention to it. 

UPDATED:  See the press release issued today by Erie County Health CommissionerDr. Gale Burstein,

Also, Kathy Hochul responds: 

STATEMENT FROM CONGRESSWOMAN KATHY HOCHUL ON CHRIS COLLINS’ COMMENTS REGARDING CANCER

 “Chris Collins has demonstrated a stunning lack of sensitivity by saying, ‘people now don’t die from prostate cancer, breast cancer, and some of the other things.’ Tragically, nearly 70,000 people will die this year from these two types of cancer alone.  We can disagree about public policy without making these kinds of outrageous and offensive statements.”

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