Letter to Nebraska Supreme Court Judges re: Incorrect Ruling on Medical Marijuana Petition

Context: Nebraska had successfully petitioned to get Medical Marijuana on the November Ballot but was shut down by the Supreme Court due to a lawsuit from a sheriff and special interest groups. 

NOTE: It was tempting to use the Woodstock stamps on these letters about Medical Marijuana ;) But I went with Earth, because cannabis is of the Earth Man 

Dear Nebraska Supreme Court Judges,

When I gathered signatures for the Medical Marijuana petition in my rural area, I got signatures from many caring people, people who thought that Nebraskans should get a vote, those with chronic pain or knew those who need this, a man with terminal cancer, and another man who surprised me when he said “I wish this was around two years ago” when his wife died from cancer. The people of Nebraska DESERVE the right to vote on this issue.     I’m trying to understand why the Nebraska Supreme Court approved the petition for Medical Marijuana and, after the signature effort proved 110% successful in all 93 counties, the Supreme Court found fault with the wording of the petition and stripped Nebraskans of our constitutional right to change the laws of our state.     In order for medical marijuana to be legal, there has to be a process by which to regulate it. The petition simply said it’s up to the legislature to figure that out. That is all a single issue, therefore I find the ruling incorrect and unacceptable. I don’t know why the special interest groups and sheriff who unfairly sued couldn’t have waited until it was on the ballot and voted like the rest of us were ready to do, except it seems they don’t play by the same rules as everyone else.

    This about-face feels wrong. It feels corrupt. It feels like special interest groups and people in power are denying Nebraskans rights allowed to us in our constitution. It feels like a slap in the face. It feels like a death sentence for those suffering who could have better health with access to this natural medicine. It feels like justice isn’t blind but is looking the other way.

    I don’t know how deep this corruption runs, but I recognize it’s there. And I recognize that the people in power do NOT have the best interests of ALL Nebraskans in mind. And I will continue to do anything within my rights to follow my morals and ethics to care about my fellow human beings and work for a more equitable and just world than we have before us.

To put it lightly, I am very disappointed in the political and judicial systems. To those of you who took this away from us, who stifled our voice, Judges Heavican, Freudenberg, Stacy, Cassel, Funke: what stopped you from doing the right thing? What caused you to rule against the people of Nebraska?     

    To those who dissented and wanted to fulfill the constitutional agreement and the will of the people to have this appear on the ballot, Judge Miller-Lerman and Judge Papik, I THANK YOU.

    I do wish there was something that could be done immediately to restore this measure to the ballot because two years is a long time to ask suffering and dying people to wait until we collectively can be disappointed again by seemingly-corrupt people who don’t play fair. Where is OUR Nebraska? Sincerely, XX Volunteer Petition Gatherer, in honor of a friend in need of Medical Marijuana Z County, NE

updates: Letters Received 9/25 & 9/26

Disgusted at Racist and Anti-Woman Nebraska Governor

Greetings, Governor P. Ricketts, 

I am a citizen of Nebraska and want to express my great disgust and displeasure with the laws you approve or deny. 

Lately you have approved LB 814 which unconstitutionally outlaws a form of abortion that is needed in some cases for late-term abortions (re: children wanted by the mother that cannot safely be born). This leads me to conclude you are anti-woman, anti-science, anti-doctor, and unfairly aligned with your religious base that wants to tell women what they can and cannot do with their bodies. You have endangered many women with this senseless, needless, baseless, unconstitutional law.

Secondly you vetoed LB 1060 which would protect against natural hair discrimination. I read your reasoning and if you believe that hairstyles can easily be changed, you have never sat in a black hair salon. Since you are a bald white man, let me inform you, it takes an entire day and hundreds of dollars to change hairstyles. You mention the creation of a new 'race', which is an absurd idea. You also mention safety protocols around machinery as an excuse for vetoing this bill. There is a difference between safety protocols and being able to fire someone because their hair is too "black" or "unprofessional" (ie racism). If you don't care to protect your citizens from discrimination, you are showing your ignorance and how you keep the door open for racism in the state of Nebraska. 

You also fail to understand basic science and that masks are a simple way Nebraskans could protect each other from a pandemic. You even want to take away financial protections for businesses that want to promote this safety measure. You are indeed anti-science and need to stop believing and protecting the ego-maniac Trump that is running this country into the ground while allowing for the deaths of hundreds of thousand due to his insane methods. For your own lack of action, I hold you responsible for every Nebraskan illness and death due to COVID-19.

Since you don't seem to care about human beings other than white, wealthy, male elites, I look forward to seeing your replaced when your term is up. If you would be so kind as to resign before then, I, and countless Nebraskans you belittle and endanger, would be so pleased. 

Follow up to Local NE Senator on Police Oversight bill re Omaha Protestor arrest July 2020

Greetings, X, 

In relation to 'police oversight', I would suppose you are aware that this past weekend peaceful protestors were kettled by Omaha police, and arrested, face masks were apprehended by police and they were placed in close-quarters in overcrowded rooms (Such as 14 person capacity and 40 people in the room without masks.) That shouldn't happen, and especially not during a pandemic. With a growing COVID-19 outbreak at Douglas County Corrections, these 140 protestors were needlessly exposed. 

Requests for air conditioning were laughed at, at least one toilets was overflowing or out of commission, bail was received but not processed for over 30 hours in some cases. 

I'd read several accounts that detail how police were physically brutal, how they tied zip ties too tight (as commented on by other police), and saw video of officers purposely knocking over a cyclist and then shooting rubber bullets for no reason - they shouldn't be shooting AT people because that is improper use. Protestors, who were dispersing before arrest, sat on the pavement for several hours.

I believe I read that police badges were also covered, but cannot be sure. 

THIS is a perfect example of why a citizens police oversight committee is needed. The police could have treated these people with dignity, since they were only exercising their constitutional right to peaceful protest. Citations could have been issued in lieu of needlessly arresting people. It seems like police forces are heavy on the 'force' these days. They need to be held accountable to the people they are paid to protect instead of finding excuses to abuse, coerce, threaten, and intimidate them. 

I urge you to support Senator Wayne's police oversight bill and any forthcoming bills that aim to defund/retrain police, remove qualified immunity and find better ways to address ills than what is being done. If we can't trust police to act with logic and deceny and follow protocol, we have serious issues. I know that didn't occur in your district, but the need for change and improvement is universal. 

Thank you for your time. 

Email to my local Nebraska State Senator Re Sen Wayne Bill Police Oversight

Reference: https://www.facebook.com/JaKeenFox/posts/10105655480683343

Greetings, Senator X, 

I'd like to thank you for voting to allow Senator Wayne to introduce a bill on police oversight. I don't know what your opinions may be so far, but I think it is of utmost importance to support Senator Wayne's bill and create a civilian committee for police oversight. If police are to serve and protect citizens, they need to be held accountable to citizens. 

It's disappointing to see tragedies unfold with officers of the law and then see that they had received multiple complaints against them with no action taken to improve their performance or remove them from a position of great power.

I know people toss around the 'a few bad apples' idea, but the rest of that phrase is "spoils the bunch". I've seen examples of "good cops" trying to be proactive in reporting misdeeds of fellow officers and then being punished or threatened for speaking up.

If a mob mentality exists in our police force, it's time to address it and do everything we can, such as remove qualified immunity so police are responsible and can't hide their aggression behind a badge.

As far as 'defunding', I doubt in the rural area you represent that police budgets are as unbalanced as in larger cities, but we have to take special care to focus on ways to financially support agencies that would alleviate the load set on police.

Again, thank you for voting to allow Sen Wayne's bill to be introduced. I do hope you support what can be a great bridge between officers of the law, and they people they are supposed to protect.

Thank you




Update: My Senator responded:

D, thank you for the email, and thanks for being engaged by watching the legislative process. Senator Wayne will have a hearing next week on the bill, probably thursday or friday, it will be streamed on NET, stay safe

Letter to NE State Senator in opposition to LB 814 Prohibit dismemberment abortion

July 19, 2020

Greetings, Senator X, 

I hope you received my previous email from June 20 on a variety of stances I hope you'll take on a number of bills when it comes to the fight for black lives. Although I had a lot in there, I hope I formatted it in a way that makes it clear what I find important.

Tonight I'm asking you to oppose LB 814. Medical decisions belong to patients and their doctors. Women already face unnecessary restrictions on their bodily autonomy and politicians need to respect women's decisions about their bodies and let medical professionals advise on the course of action. As a woman who doesn't have and won't have children, issues about abortion, reproductive rights, and women's health care are of utmost importance to me. Each woman has a right to decide what she wants for her life and her body, and it's not the job of politicians or employers to impede that.

Thank you

UPDATE: another email sent
July 29, 2020

Greetings Senator X,

I have been informed that LB 814 will be debated starting today. I again encourage you to vote NO to this bill that restricts women's autonomy.  There is a line that says a woman's husband can sue for the abortion which is disgusting as it is reminiscent of the 1950s when women did not legally have autonomy over their own bodies and reduces women to property.  It is also a violation of the constitutional right that says no one can make a decision about a woman's abortion except for the woman herself. 

With this vote in opposition, we need to officially make it clear in Nebraska that a woman gets to decide her future and stop accepting legislative bills that want to restrict women's freedoms. Someone else's religious ideas do not have precedence over my freedoms and a fetus does not get more rights than the woman who may choose to carry it.

Thank you for your time.

EMAIL AUGUST 7TH, 2020

Greetings, Senator X, 

I'm disappointed to see you voted in favor of LB 814, and encourage you to change your vote to oppose or abstain on this anti-abortion anti-choice bill and/or to oppose cloture so that there is no vote. 

Although it sounds gruesome to "dismember a child" there are many cases in which doctors recommend this form of abortion for children that were wanted but cannot safely be born. Women who have late term abortions wanted those children, but it was decided by their MEDICAL PROFESSIONAL AND THE WOMAN that it was not safe to proceed for the sake of the child. Politicians need to stop overstepping their boundaries and endangering women from receiving health care. 

Abortion is a complicated and heated issue, to be sure. I am entirely frustrated to live in a state that continues to protect the religious beliefs of certain people and disregard the lives of others (namely women) in an attempt to say that they are "protecting life". When women are forced into childbirth, her life is not protected. When a woman's options are taken away from her, her life is not protected. 

I saw a clip of Senator Clements musing about the number of children aborted in Nebraska and how they could have provided bodies for the worker shortage. While this may be an idea that appeals to anti-abortion crowd, it's absurd and faulty logic. If Nebraska cared about their residents, WHICH INCLUDES non-white, non-straight, or those that come here as immigrants, that would make moving out-of-state less likely and THAT would help immediately with the "worker shortage". A living wage would help. State health insurance would help. Addressing homelessness would help. Any number of things could help with a "worker shortage" including not seeing people as cogs in a machine to produce services or other humans. 

I know you are not responsible for what Senator Clements said, but I just wanted to point out how absurd that line of thinking is. That is NOT the logic that should be used in the unicameral to make decisions for the people of Nebraska. 

I know you represent an area that is probably filled with anti-choice people, but you must remember that your votes aren't supposed to appease certain sects of the population at the expense of others, but to ensure that ALL RIGHTS ARE PROTECTED. If a person doesn't want to have an abortion, no one can force them. That is law. But it is time to STOP punishing women with overzealous laws that take away their rights. 

Again, I please ask that you either abstain from a vote on LB 814 or move to oppose it so that women may have their full rights and they can decide on a course of action with their doctor without unwarranted input from politicians or anyone else.

Thank you for your time.

Letter to NE State Senator on ACLU action items in Support of Black Lives

Reference for Nebraskans:
https://www.aclunebraska.org/en/news/fighting-racism-nebraska

Greetings, Senator X, 

    I hope you and yours are staying safe during the pandemic. I wish Gov Ricketts was a better leader in regards to this disease, and that he was less ... how do I say... worshippy of Trump, who is an unfit leader, to say the least. 

    The past month or so has been gut-wrenching to see the continued danger black and brown people feel at the hands of police. It's so evident, after watching videos of police brutality towards peaceful protesters, elderly, pregnant, children, and journalists that we are in need of MAJOR reform. Our police are militarized and breaking the First Amendment, breaking laws. All that is being asked is that police do NOT brutalize citizens .... and now we see the police essentially demand what they view as a right to do just that.

    I definitely support defunding the police and redistributing those funds to many avenues that can do what the police can't, doing away with qualified immunity so police don't act out knowing they'll never suffer consequences, and banning the use of tear gas, rubber bullets and other projectiles. Tear gas has been banned in warfare, so there is no reason it should be used on civilians.

    I am aware, thanks to the ACLU, that there are some possible NE LB's that may be helpful for me to refer to. Hopefully this list will help you understand where I stand.

1. SUPPORT LB 924 - Require Anti-Bias Training for Law Enforcement - Although many police who have killed black people have undergone anti-bias training before their murders of civilians, any bit more we can do to require officers of the law to acknowledge their responsibilities towards others is a must.
2. SUPPORT LB 1060 - Ban Natural Hair Discrimination - By prohibiting hair discrimination in Nebraska, we come closer to ensuring that all Nebraskans of color, but specifically Black Nebraskans, can contribute to their communities and workplaces as their full selves. To begin to confront the long stigma that falsely associates the way a person’s hair naturally grows with a lack of professionalism, we need to state it clearly: this is racial discrimination and it’s illegal.
3. SUPPORT LB 918 - Establish a Commission on African American Affairs - Nebraska already has the Commission on Indian Affairs and the Latino American Commission. LB 918, introduced by Sen. Wayne, creates a long overdue Commission on African American Affairs and a study of disparities in government contract allocations. The Commission would center African American leadership and issues on the state level to foster consistent racial justice gains in legal, political, social, economic, and educational spheres.
4. SUPPORT LB 646 - End Cash Bail - LB 646 ends Nebraska’s current system of cash bail that lets the size of an individual’s wallet determine whether they are granted freedom or stay detained, disproportionately impacting Black Nebraskans and low-income households. 
5. SUPPORT LB 589 - Eliminate a Permanent Police Force in our Schools - A school-based arrest is the quickest route from the classroom to the courthouse and the data is clear that in Nebraska, Black and Brown children and children with disabilities are grossly overrepresented in extreme school discipline - including arrest rates and criminal system involvement due to disciplinary issues in school. The time is right to end these failed programs that are antithetical to an educational environment. We need to reinvest those resources in mental health family support and educational opportunity.
6. SUPPORT LB 176 - Mandatory Minimum Reform LB 176 gives local judges the discretion to impose an individualized sentence rather than an extreme mandatory minimum term of imprisonment. Mandatory minimums are used by prosecutors to pressure individuals into guilty pleas. Prosecutors often threaten mandatory minimums when the case against the defendant is weak or when police violated the citizen’s rights to garner the evidence. Often, Black defendants being held on an unreasonably high cash bail amount must choose between “pleading out” and going home or facing the prospect of an unjust mandatory minimum sentence if they exercise their rights. These extreme sentencing tools increase the likelihood of wrongful convictions and eliminate the judge’s discretion to impose a more just sentence. 
7. SUPPORT LB 1170 - Implicit Bias Training for Healthcare Workers - Across the nation, Black women are three to four times more likely to die during childbirth than white women. LB 1170 ensures more equitable delivery of healthcare in Nebraska by requiring anti-bias training to address the unacceptably high rates of maternal mortality specifically among women of color.
8. SUPPORT LB 89, LB 110 & LB 652 - Sensible Drug Policy -The failed war on drugs has been a key driver of racial injustice. The ACLU’s new report, “A Tale of Two Countries” shows overall in Nebraska, Black people are 3 times more likely to be arrested for marijuana. Black people were six times more likely to be arrested for marijuana possession than white people in Lancaster and Sarpy Counties and more than eight times more likely in Buffalo and Adams Counties.
9. SUPPORT LB 83 & LR 286CA - Restore the Right to Vote -Far too many Nebraskans of color have been disenfranchised due to criminal system involvement – both directly by Nebraska law and indirectly by the confusion and chaos surrounding application of this law. LB 83 introduced by Sen. Wayne would remove the arbitrary two year waiting period that prevents people from voting until two years after completing the terms of their sentence. LR 286 CA, introduced by Sen. Cavanugh, is a constitutional amendment to remove nearly all limitations on voting rights based on criminal system involvement. 
10. SUPPORT LB 986 - Ban the Box in Higher Education -People of color are disproportionately and negatively impacted when college applications ask about criminal system involvement because of unjust overrepresentation at every juncture of our criminal system. LB 986, introduced by Sen. Pansing Brooks, would prevent public colleges and universities from asking about or considering a person’s criminal record for purposes of admission.
11. SUPPORT LB 44 - Abolish the Death Penalty and Replace with Life in Prison -The death penalty in America is a broken process from start to finish. Death sentences are predicted not by the heinousness of the crime but by the poor quality of the defense of the accused and the race or ethnicity of the accused and the victim. A systemic racial bias in the application of the death penalty exists at both the state and federal level. More and more states are turning away from the death penalty and it’s time Nebraska rejoin that list to address this miscarriage of justice and pursue alternatives that put public safety first.
12. OPPOSE LB 147 - Physical Restraint in the Classroom - I know I've reached out to you on this one before, but still want to reiterate my opposition. LB 147 allows teachers or administrators to physically restrain students and provides immunity for teachers or administrators when using restraint. This is a key racial justice and disability rights issue. Black children and children with disabilities are grossly overrepresented among children who are physically restrained and who face harsh school discipline sometimes with lifetime consequences. 
13. SUPPORT - Racial Impact Statements - Nebraska needs to begin to include racial justice impact statements on legislation. An example is LR 217, introduced in 2019 by Sen. Vargas, which would have directed a study to determine the feasibility of these impact statements.

    On a personal note, I'd like to say that despite our rural area and lack of diversity in this district, it's imperative that we, in District XX, in Nebraska and in the whole country, take responsibility for the injustices that exist in a system that is completely unbalanced. It means a lot of uncomfortable conversations and a lot of introspection. I sincerely hope that if you find this difficult, you search out resources about anti-racism and police brutality and reform. I'm currently engaged in reading these books as well to deepen my understanding and find ways I can help bring about change. The time is always right to do what is right. 

    Statues may tumble, and people may not be able to spout hateful rhetoric to others, but it's about time. Our country has never been equitable for all and we hold it in our hands to admit that, fix it, and make it better for EVERYONE.

   

    I am currently leaving a job (a weekly newspaper based in KS) because a co-worker said she was a proud racist, and dropped the n-word in front of one of our bosses (the publisher of the paper), who did nothing to correct her, but actually added to her racist comments. My heart was pounding and I felt sick. I told her I don't approve of that word (I have black nephews and friends, but one shouldn't have to state that to point out it's wrong) and she used the n-word again. I told her she didn't have to stay a racist, that she could change, and she looked at me like I was crazy. When I left the room, our boss told her that I "take things too seriously". When I emailed the two bosses the next day to lodge an official complaint (small office), one wrote back and said that he would tell her that language isn't allowed, but he also tried to tell me that she isn't really a racist. 

    I cannot stand to be in a hostile work environment which is discriminatory and allows bad behavior. So many other places would fire a racist on the spot instead of defending them. Instead I'm losing a job, and she, who is also on the city council and a mother, and substitute teacher, no less, is not forced to address what she has done. She said she's a proud racist, and that's how she was raised. No doubt, that's how she's raising her children. She proudly stated her 4 year old son called the KS governor a dipshit. So you can imagine what else they learn, and the unfair and unsafe classrooms she will oversee. This is why change and introspection is imperative.

    I understand this occurred in Kansas, but it's just over the border from us here in Nebraska. The environments are so similar. The roots run deep. But they are roots to a poison. 
    I implore you to strongly consider how the above LBs can be utilized to bring about a little more equity in our state. I encourage you to check out books on anti-racism and police defunding so that we can acknowledge the difficult realities and change them for the better.

Thank you for your time.

Email to Chris Janicek - Please withdraw from the Senate Race so Sasse can be defeated

Greetings, Chris Janicek, 

In light of recent events that have proven to be less than upstanding in regards to sexism and racism, however slight or overblown you may find them to be, or even if you think you've progressed, you now find yourself without the support of the Nebraska Democratic Party, as well as many people who, like you, want to see Senator Ben Sasse ousted from office. 

With such an important office and opportunity at stake, it's imperative we have strength in numbers to accomplish this, and we are prepared to rally around a different candidate, Alisha Shelton. But in order to do so, you do need to step down and withdraw from the Senate Race. 

To not withdraw signifies protection of your ego, instead of dedication to the ultimate goal of getting Sen Ben Sasse replaced with a Democrat. To stay in the race means that you are willing for us ALL to lose to promote and protect yourself and your pride, rather than the goal we share, ousting Sasse and getting a Democrat in the Senate for Nebraska. 

We desperately need change, and you know that. I implore you, for the sake of every blue dot in this state, especially me out in rural Trump country, please withdraw from the Senate race so Alisha Shelton can step in and defeat Ben Sasse with full force. 

Thank you