The Catholic Archdiocese of Cincinnati has been mired in quite a bit of trouble over the past several years for its morally outdated (and unjust) policies, and now one of the allegations has reached the courts. Today marked the second day of juror hearings in a schoolteacher's lawsuit against the Archdiocese and the two schools from which she was fired for violating her civil rights.
In 2010, schoolteacher Christa Dias, a single, non-ministerial employee at both Holy Family and St. Lawrence Schools, parochial schools owned and operated by the Archdiocese of Cincinnati, became pregnant via artificial insemination. At five and a half months pregnant, she asked her employers for something millions of U.S. women ask for every year: maternity leave.
She got more than she bargained for, though, when her employers fired her, assuming Dias had engaged in premarital sex (one of the many "moral" no-nos in the Catholic Church — for women, at least). She was informed that she was let go because she'd violated a moral clause in the Catholic doctrine that she'd agreed to adhere to when she signed her employment contract, which, in the eyes of the Catholic Church, makes it okay to discriminate when the discrimination falls under something called "ministerial exception" — a pesky and vague part of civil labor laws exempting religious policies from some basic rules for equality in the workplace.
Ergo: Women who are fired by the Catholic Church for getting pregnant face unfair discrimination because men aren't held to the same standard. Obviously, it's impossible to detect whether or not single male employees are engaging in premarital sex (but they probably are). The basis of Dias' lawsuit is that that little gender caveat is an inherent for of discrimination against women because women and men aren't held to the same moral standards.
According to the AP, Dias today told jurors she didn't realize that artificial insemination was a violation of church doctrine or that having the procedure could get her fired. The archdiocese's attorney, Steve Goodin, says that Dias was not discriminated against because she signed a contract that clearly commanded she abide by the Catholic doctrine.
CityBeat reported on a similar case of discrimination by the Catholic Church earlier this year ("Unforgiven Offenses," issue of Jan. 9, 2013), which detailed a lawsuit filed in the U.S. District Court of Southern Ohio by former schoolteacher Kathleen Quinlan, who was also fired from her non-ministerial position at Ascension Catholic School in Kettering, Ohio, in December 2011 after she approached her principal, told him about her pregnancy and offered to work behind-the-scenes until she gave birth.
Again, her employers and the Archdiocese used the "morality clause" to defend their position.
And then there was Johnathan Zeng ("Gays, Even Christians, Need Not Apply," issue of June 13, 2012), who was offered a job as a music teacher at Cincinnati Hills Christian Academy (CHCA) Armleder School after two weeks of discussions; Zeng even put on a teacher demonstration in front of a third grade class. When a board representative asked him point-blank if he was gay, Zeng told the truth: yes, he was gay. All of a sudden, Zeng was out of the running, even though he was already pinpointed as the most qualified applicant.
The outcome of Dias' case could set a major precedent for courts ruling on ministerial exception in the future. Last year, the Supreme Court ruling in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, courts sided with the church in a fired teacher's discrimination lawsuit, ruling that because she had some religious duties as a teacher, federal discrimination laws didn't apply.
Some local Catholics, at least, are firing back against the archdiocese's archaic policies; recently, Debra Meyers was ordained as Cincinnati's first female Catholic priest by the Association of Roman Woman Catholic Priests, despite opposition from local Catholic leaders and the Vatican. Read our interview with her here.
Nearly two years after she filed the lawsuit, a congresswoman who lost in the March primary election has dropped her legal action against a political opponent.
A spokesman for U.S. Rep. Jean Schmidt (R-Miami Township) told The Enquirer today that she decided to drop her defamation lawsuit against Madeira businessman David Krikorian. Schmidt filed the suit in June 2010, and had sought $6.8 million in damages.
Krikorian is claiming victory in the dispute, and told CityBeat the lawsuit was an intimidation tactic by well-funded special interests.
“Her lawsuit was entirely without merit,” Krikorian said. “It was meant to silence and intimidate me and cost me money. It did not work.”
Krikorian ran as an independent against Schmidt in 2008; he unsuccessfully ran in the Democratic primary for the same seat in 2010 and again this year.
During the ‘08 campaign, Krikorian distributed a pamphlet alleging Schmidt had received “blood money” from the Turkish government in return for her opposition to a congressional resolution that declared Turkey had committed genocide against Armenia during a 1915 conflict.
But the lawsuit proved to be Schmidt’s undoing. She received more than $400,000 in free legal assistance from the Turkish Coalition of America to support her suit. In August 2011 the House Ethics Committee ruled that Schmidt received an “impermissible gift” but didn’t “knowingly” violate the law. She was ordered to repay the coalition, which she has yet to do.
Shortly thereafter, Citizens for Responsibility and Ethics in Washington (CREW), a nonpartisan watchdog group, dubbed Schmidt as one of the most corrupt members of Congress.
All of the drama took its toll: Schmidt lost the GOP primary earlier this month to challenger Brad Wenstrup. He defeated her 49-43 percent.
“It’s time to move on,” Barrett Brunsman, Schmidt’s spokesman, told The Enquirer today about dropping the lawsuit.
The Turkish Coalition of America was among Schmidt’s top contributors, donating $7,500 to her 2010 reelection campaign through its political action committee, and donating $7,600 to her in 2008.
Schmidt also traveled to Turkey at least twice while in office. The coalition picked up the tab for one of the trips.
Politico reported March 12 that Schmidt was in Washington, D.C., on Election Day, March 6, at a private luncheon with Turkish Ambassador Namik Tan.
“At times, Rep. Jean Schmidt has been closer to Turkish interests than those of her Cincinnati-area constituents,” Politico’s Jonathan Allen wrote. “Never was that proximity problem more telling than on Tuesday, when Republicans denied Schmidt renomination to run for another term.”
When Allen sought comment for the article, Brunsman refused to confirm if the meeting occurred and sent an email that stated, “I think you have lost your way.”
For his part, Krikorian said the experience has taught him that Ohio needs to pass legislation that penalizes lawsuits filed solely to silence critics by burdening them with the cost of a legal defense until they abandon their opposition. Such a tactic is known as a “strategic lawsuit against public participation,” or SLAPP.
“I think the Ohio Legislature should consider passing an anti-SLAPP statue to prevent these kinds of abuses of the legal process,” he said. “This lawsuit was an attempt to intimidate and silence me by Rep. Schmidt and the Turkish lobby.”
Krikorian apparently lost in the March 6 Democratic primary by just 59 votes to William R. Smith, a virtual unknown from Pike County who didn’t campaign, answer questionnaires or grant interviews. A recount is under way and Krikorian has asked for a federal investigation of Victory Ohio Super PAC, which made robo-calls on Smith’s behalf but isn’t registered with the Federal Election Commission.
Krikorian picked up 14 more votes in Hamilton County on provisional ballots once the results were certified. Meanwhile, Clermont County certifies its results on Tuesday.
The Enquirer’s top boss has told CityBeat that her connection to a major real estate development group was “overlooked” in a lengthy, front-page article about the organization that was published April 15.
Publisher Margaret Buchanan wrote in response to an email that she didn’t influence the preparation, editing or placement of an article about the Cincinnati Center City Development Corp. (3CDC). Buchanan sits on 3CDC’s executive committee, and is in charge of overseeing publicity and marketing efforts for the organization.
The Enquirer published a 1,900 word-plus article about 3CDC, lauding the group for its efforts to redevelop Over-the-Rhine despite the economic downturn. Buchanan’s role with 3CDC wasn’t mentioned, but she told CityBeat it has been disclosed in past articles and will be done again in the future.
Buchanan’s response was sent the same day that CityBeat published a column criticizing the lack of disclosure, and questioning whether her role violates The Gannett Co.’s ethical guidelines for news-gathering.
Here’s the full text of Buchanan’s response:
Over several years, The Cincinnati Enquirer has fully covered the pro's and con's (sic) of 3CDC's development efforts in Over-the-Rhine for our readers and we are very proud of that coverage.
As publisher, I sit on 3CDC's executive committee — and did not influence any of the reporting on this issue. Our editor is completely responsible for all editorial decisions. Typically my participation on this committee is disclosed, although it was overlooked for the article that ran on Sunday, April 15. It will continue to be disclosed in the future.
A search using the ProQuest database of The Enquirer’s archives found that the newspaper has published 481 articles and news briefs mentioning 3CDC since the group began its efforts in 2004. (Given how the database is organized, however, it’s likely that some of the entries might be duplicative.)
Of the 481 entries, Buchanan was mentioned in 15 articles. That equates to about 1/32nd of the articles.
Most of the published mentions about Buchanan’s ties to 3CDC weren’t in articles about the group’s retail and residential development projects. Rather, they mostly occurred in articles about 3CDC’s efforts to move a homeless shelter away from Over-the-Rhine.
Also, one mention was in an article about the new School for Creative and Performing Arts, while another occurred in a piece marking the 10th anniversary of the police shooting death of Timothy Thomas.
Interestingly, most of the mentions occurred after 2010, when local blogger Jason Haap and CityBeat began publishing items about the lack of disclosure.
This week’s Porkopolis column mentioned Gannett’s ethics code, which includes such admonishments as “We will remain free of outside interests, investments or business relationships that may compromise the credibility of our news report,” and “We will avoid potential conflicts of interest and eliminate inappropriate influence on content.”
The code also states “When unavoidable personal or business interests could compromise the newspaper’s credibility, such potential conflicts must be disclosed to one’s superior and, if relevant, to readers.”
In her email, Buchanan didn’t address why these rules don’t apply to her connection to 3CDC.
Phil arranged the interview with the aging physician, for whom the Heimlich Maneuver is named. However, producer Pat Walters had to promise to exclude the voice of Phil’s estranged younger brother, Peter, from any subsequent broadcast.
Peter is a scathing critic of their father’s therapeutic claims for the Maneuver and more recent medical experiments.
Phil told Curmudgeon that he feared Walters would ask their father about the troubled family relationships. “Like any son, I’m somewhat protective of him,” Phil said. “He’s 93 . . . We don’t let just anybody come up and interview him.”
Peter told Curmudgeon that he was unaware of this bargain when he cooperated with Walters for the Radiolab story.
I have no trouble with Phil’s setting conditions for arranging the interview. My beef is with Radiolab. It could have refused. Similarly, I’m not going into Heimlich’s therapeutic theories and claims; I’m writing about Radiolab’s handling of the story.
I’m troubled by Radiolab’s willingness to silence an important critic and a source of its information in exchange for access to the elder Heimlich. Further, if Walters failed to tell Peter about his deal with Phil, that’s unethical, especially since Walters told Peter, “I want you to speak for yourself.”
Peter elaborated in a recent email to Curmudgeon: “I was first approached by Radiolab last August when they asked to interview me for broadcast. I wasn't informed that, five months earlier, they'd cut the censorship deal, so they obtained my interview under false pretenses. Further, in the following months, Radiolab producer Pat Walters took up hours of my time, encouraging me to provide him with information and documents. I only learned about the censorship deal a couple weeks ago, when the program disclosed it on their website. If I'd known that Radiolab was this underhanded, I wouldn't have given them a minute of my time -- and I'd encourage other sources to keep their distance.”
Over the years, Peter has dealt with lots of reporters. I asked, "Have you encountered this kind of deal before?"
Peter responded, “I've never heard of a deal like this . . . and how many other Radiolab stories have included deals like this?”
Radiolab’s website includes a link to the 25-minute program, including the interview with Heimlich. Radiolab’s website text says:
“In the 1970s, choking became national news: thousands were choking to death, leading to more accidental deaths than guns. Nobody knew what to do. Until a man named Henry Heimlich came along with a big idea. Since then, thousands and thousands — maybe even millions — have been rescued by the Heimlich maneuver. Yet the story of the man who invented it may not have such a happy ending.
“Producer Pat Walters wouldn't be here without the Heimlich maneuver — it saved his life when he was just 11 years old. And one day he started wondering - who was Heimlich, anyway? And how did he come up with his choking remedy? Pat had always kinda assumed Heimlich died in the mid-1800s. Not so. The man is very much alive: he's 93 years old, and calls Cincinnati, Ohio, home.”
Given the conflict of interest, letting choking survivor Walters do the interview was a mistake. Here are the guts of Radiolab’s online Producer’s Note:
“We made some minor changes to this story that do not alter the substance.
“(W)e removed the audio of Peter Heimlich, Henry Heimlich’s son, from the version now on the site. When we approached Henry’s other son Phil to arrange an interview with his father, one of Phil’s conditions was that we not air audio of Peter. We thought he’d waived that provision in a subsequent conversation but he contends he did not. So we are honoring the original request.”
The version available online begins with a light-hearted exchange among Radiolab personalities in their WNYC studio of New York Public Radio. The conversation between Walters and Henry Heimlich at Heimlich’s home maintains that chummy tone.
Then Walters shifts to controversies over Heimlich’s Maneuver to resuscitate drowning victims and other medical theories. Walters also interviews experts who disagree with Heimlich. When Walters lets Heimlich speak for himself, the physician accuses critics of jealousy and self-interest.
Walters lets the American Red Cross explain why it (quietly) abandoned decades of support for the Maneuver as the first response to choking and returned common backslaps.
“Nonsense,” Heimlich responded.
The Red Cross also abandoned Heimlich’s name for its maneuver. Now, it’s “abdominal thrusts.” Heimlich says abdominal thrusts are not the same as his Maneuver and he’s offended by the whole affair.
Peter — who provided emails from which I worked — continues to press Radiolab on its decision to erase his voice from its broadcast. Its latest response refers him to the program’s original online statements.
• Stunning, avoidable reporting mistakes followed the Boston Marathon bombing. They began when the New York Post said a Saudi man was hospitalized, under guard and might be a bomber. Days later, as the hunt ended, CNN said the captured younger suspect, Dzhokhar Tsarnaev, was driven away by police. CNN said Tsarnaev was not wounded or his wounds were so slight that no ambulance was required. Wrong. He left in an ambulance; his wounds were so serious that it was unclear when he would speak to interrogators or appear in court.
• Was there a gun battle after a Watertown resident saw the wounded man in his boat and called police? Some media say no gun was found or the 19-year-old didn’t shoot.
• Speaking of mistakes, Businessinsider.com described another blunder when reporters didn’t name sources or verify leaks. “According to a source at CNN, the network was the first to report that a suspect had been identified. Anchor John King sent in a report around 1 p.m. that a source ‘briefed’ on the investigation had told King a positive identification had been made. CNN Washington bureau chief Sam Feist approved that report, according to the source.
“According to the source, who was reviewing internal email logs, Fran Townsend was the first at the network to say that an arrest had been made. ‘As I think everyone knows, we really fucked up. No way around it,’ the source said.
“The source said that the network's email network went quiet for a 15-minute period shortly after the retraction — ‘so people [were] either being more cautious or getting yelled at.’
“Townsend's report came around the same time as other outlets, including the Associated Press and the Boston Globe, also reported an arrest, so it is not clear whether CNN was the first to make the mistake . . . Wednesday's false arrest reports also drew a scathing rebuke from the FBI, which urged the press ‘to exercise caution and attempt to verify information through appropriate official channels before reporting’."
This is shabby journalism. CNN went with a report attributed to someone who had been briefed by someone who knew something. No names. No identifiable links to investigation. Simply assertions. We could have waited until CNN verified or debunked the report but editors fear that hesitation can drive viewers to other, less scrupulous sources. At least Businessinsider.com appeared accurate in its use of its unnamed CNN sources.
• Social media — better called anti-social media in the aftermath of the marathon bombings - spread so much misinformation and falsely accused so many young men that the FBI had to release images of its suspects: the Tsarnaev brothers. It was the only way to protect wrongly accused men from vigilante justice, even though the suspects might be following the chase on their cellphones.
• London’s Daily Mail reported some inadvertent humor among the errors:
Boston’s Fox 4 scrolled across the bottom of the screen that the suspect sought in Watertown was “19-year-old Zooey Deschanel.” Alerted to her new and unwanted celebrity, Uproxx.com said, the 33-year-old star of the Fox sitcom, New Girl, tweeted, “Whoa! Epic closed captioning FAIL!”
Gawker.com said NBC anchor Brian Williams cut to New England Cable News for an update on the Watertown chase and listeners heard an unnamed reporter, “Oh, you’re not listening? Well, I don’t know shit.”
• It’s no surprise that Rupert Murdoch’s New York Post was unmatched for sheer bloodymindedness. Here’s the HuffingtonPost.com summary:
The Post said 12 people had died, when only three had; it said a Saudi man was a “suspect” in “custody” when he wasn't; and it splashed pictures of two young “BAG MEN” on its front page even though it did not know whether they were suspects. They were innocent. One was 17 years old; he told the Associated Press that he was “scared to go outside.” And that doesn’t include Post doctoring the photo of an injured spectator to hide her leg wound.
Rather than apologize, Murdoch blamed others outside the Post.
• Murdoch’s Post wasn’t alone in falsely accusing men of being bombers. The LA Times said “Reddit is apologizing for its role in fueling the social media witch hunts for the Boston bombings suspects. The social news website . . . became a place for amateur sleuths to gather and share their conspiracy theories and other ideas on who may have committed the crimes. The online witch hunts ended up dragging in several innocent people, including Sunil Tripathi, a 22-year-old Brown University student who went missing last month (and has since been found dead).
“After viewing the FBI's photos of the suspects Thursday, Redditors became convinced that Tripathi was one of the bombers, with countless posts gleefully pointing out the physical similarities between Tripathi and Suspect No. 2, who ended up being 19-year-old Dzhokhar Tsarnaev. The growing wave of suspicion surrounding Tripathi led his family to release a statement the next day saying they knew ‘unequivocally’ that their son was not involved.
“On Monday, Reddit General Manager Erik Martin posted a lengthy apology on the site, saying the crisis ‘showed the best and worst of Reddit's potential.’ He said the company, as well as several Reddit users and moderators, had apologized privately to Tripathi's family and wanted ‘to take this opportunity to apologize publicly for the pain they have had to endure. We all need to look at what happened and make sure that in the future we do everything we can to help and not hinder crisis situations,’ the post said. ‘Some of the activity on Reddit fueled online witch hunts and dangerous speculation which spiraled into very negative consequences for innocent parties. The Reddit staff and the millions of people on Reddit around the world deeply regret that this happened’."
Reddit said it does not allow personal information on the site in order to protect innocent people from being incorrectly identified and "disrupting or ruining their lives," according to the LA Times. "We hoped that the crowdsourced search for new information would not spark exactly this type of witch hunt. We were wrong," Reddit’s Martin continued. "The search for the bombers bore less resemblance to the types of vindictive Internet witch hunts our no-personal-information rule was originally written for, but the outcome was no different."
The LA Times added valuable context to what followed the bombings: they “were the first major terrorist attack on American soil in the age of Facebook, Twitter and Reddit. But the watershed moment for social media quickly spiraled out of control as legions of Web sleuths cast suspicion on the innocent, shared bad tips and heightened the sense of panic and paranoia.” The LA Times added that Boston police asked “overeager” Twitter users to limit what they posted because that overly detailed tweets could compromise officers' position and safety.
• Detroit Free Press editors published a detailed online illustration of how to make a pressure cooker bomb, like that reportedly used by the Boston bombers. When their brain fart passed, they took down the instructions and images. Of course, now, anyone can turn to Jimromenesko.com screen shot of the Detroit Free Press illustration . . .
• Newcomers to the Tri-State puzzle over the lifelong identification with high/prep school. When a Cincinnatian was involved in the emergency surgical response to the Boston Marathon bombings, the Enquirer noted he went to St. X. Only later did Our Sole Surviving Daily tell us he was graduated from UC’s medical school before going off to Boston for his surgical residency.
CREDO Action Campaign Manager Josh Nelson told CityBeat that the group emailed the petition with 4,021 signatures to the Department of Labor Wednesday morning.
The petition reads: "Requiring employees to attend a Mitt Romney political rally without pay is totally unacceptable. I urge you to conduct a thorough investigation to determine whether Murray Energy violated any federal laws on August 14th, and to hold it fully accountable if it did."
Romney appeared at the event to attack what he called President Barack Obama’s “war on coal.” He was flanked on stage by hundreds of miners with soot-stained faces.
Dozens of those miners told WWVA-AM West Virginia talk show host David Blomquist that they were pulled from the mine before their shift was over and not paid for the full day of work. The miners, who Blomquist did not identify, said they were told that attendance at the rally was mandatory.
Murray Energy Chief Financial Officer Rob Moore told Blomquist on his radio show that managers “communicated to our workforce that the attendance at the Romney event was mandatory, but no one was forced to attend.”
He said that people who did not show up to the event, which organizers say drew 1,500 miners and family members, were not penalized for their absence.
“Forcing Ohio workers to participate in a political rally is unacceptable, so we're joining our friends at SEIU in calling on the U.S. Department of Labor to conduct an investigation to determine whether or not any federal laws were broken,” Nelson wrote in an email to CREDO Action’s Ohio activists on Sept. 1.
A spokeswoman for the Labor Department was not immediately able to confirm whether the department had received the petition or planned to launch an investigation.
This post will be updated with comment from the Labor Department when it becomes available.
A nonpartisan investigative journalism group uses Rob Portman as an example in a new report detailing how politicians use money donated to political action committees (PACs) for purposes other than those outlined in their mission.
The report, entitled “Political Inaction Committees,” by the Center for Public Integrity concludes PACs have wide discretion about how they can use money, despite promises to donors.