Florida Agenda

By Cliff Dunn

In this column last week (Open for Business, August 4, 2011, “Go, West!”), Your Kindly Writer advised you, Gentle Reader, to “Stay tuned for the fallout,” a reference to the after effects of what began for some as a polite invitation to a Member of Congress to address the monthly meeting of a local business guild.

Following a firestorm of protest  (and now, the counter-protest), U.S. Congressman Allen West was dis-invited from speaking at the August 8 meeting of the Wilton Manors Business Association (WMBA, or “Wimba”), a meeting he had been invited to address. The de-invitation came after gay rights activists threatened a boycott of the Island City association’s member-businesses.

The announcement about two weeks ago that West, who represents portions of Wilton Manors as part of Florida’s 22nd Congressional District, would address WMBA on matters related to business and the economy, drew protests from a number of vocal LGBT activists.

Among them was Michael Rajner (seen in photo), Legislative Director of the Florida GLBT Democratic Caucus, who wrote to WMBA members with an ultimatum: if the invitation for West’s planned visit wasn’t rescinded or declined by the Distinguished Gentleman, “community leaders and other social justice advocates” would “boycott any and all businesses” belonging to WMBA.

Reaction in Wilton Manors’ business community was mixed. Two individuals who asked not to speak on the record said they agreed with a July 30 South Florida Sun-Sentinel opinion piece in which that publication’s editorial board chides Rajner and others for “pressur[ing] the business group to drop its invite to Rep. West.”

Commercial photographer Michael Murphy of Oakland Park, a member of WMBA, said he was “pleased” with the board’s decision. “As a business owner and a member of WMBA, I want to do things that bring business to us rather than drive it away,” Murphy offered. “Although the decision to bring a sitting member of Congress to speak was probably made with good intentions,” he reasons, “the moment it created a firestorm, the decision needed to be rescinded; period.”

As to the congressman’s opposition to a number of issues which concern a sizable minority of residents of his district, Murphy is unambiguous. “As a gay man, I find his opinions un-educated and his words hateful. Congressman West does not even attempt to represent all of his constituents. He panders to a fraction of the people in his district, then insults the rest with his bigoted comments towards women and gays.”

West, who serves on the House Committee on Small Business, did not go gently into that good night, either. In a letter to Ellich written prior to the August 1 board vote in which he defends his right to speak at the WMBA meeting, West wrote: “I am concerned about individuals or organizations that would call upon a boycott and try to hurt hard-working small business owners only because an association wants to be better informed on business related issues that are taking place in Washington, D.C.”

After the meeting was cancelled, West emailed Ellich thanking her and WMBA for the invitation. He also cited the Sun-Sentinel editorial, objecting, as the newspaper wrote, to Rajner’s “demand that the business group withdraw its invitation to Rep.

West. One form of intolerance simply does not justify another.”

Taking up the refrain, West spoke of his support for “public discourse,” even when individuals don’t always agree with his, or other Members’ of Congress’, policy positions. “These are the foundations of our nation and what makes the United States of America an exceptional nation,” he wrote.
He has a point. But whatever goodwill West may engender by beating his breast and calling for a more tolerant and “civil society” would seem to be squandered by his caustic parting shots in last week’s letter to Ellich and WMBA. In what reads like equal parts truculence and petulance, West seems
to sneer from the page: “Clearly, we have learned who really are the intolerable individuals in South Florida.” (Presumably the Distinguished Gentleman meant intolerant rather than “intolerable.”)

As for the fallout over “Wimbagate,” Murphy remains sanguine, even philosophical. “I am glad it’s almost over; [now] we can get back to helping our local businesses in these difficult economic times.”

If you’re “Open for Business”, you can contact Business Writer and Director  of Sales, Cliff Dunn, with your story at Business@FloridaAgenda.com

OAKLAND PARK, FL – Members of the gay community, including community activist Michael Rajner and Dolphin Democrats president Ron Mills, attended last week’s meeting of the Oakland Park City Commission to address City Commissioner Jed Shank’s vote against a resolution proclaiming June as Gay Pride Month in Oakland Park and honoring the Stonewall Street Festival and Parade.

According to what was said at the meeting, Shank had said that he would have voted for the proclamation but the festival fell on Father’s Day and Shank felt there should also have been a proclamation for that holiday honoring fathers also.

“LGBT citizens are fathers and daughters and sons and we do appreciate the proclamation you did pass,” said Mills, “but maybe you should consider the next time having a Father’s Day proclamation.”

Rajner added that he appreciates the support that the Oakland Park City Commission has given the LGBT community in the past, but then he addressed Commissioner Shank directly: “Commissioner Shank, I was ashamed to hear what had transgressed.

I object often to process sometimes, but you could have still voted for the item and objected to process.”

BROWARD COUNTY, FL– Daniel Hay Lewis, charged by the Broward Sheriff’s Office with criminal transmission of HIV despite the fact that he does not have the virus, is no longer in jail.

Michael Rajner — legislative director for the Florida GLBT Democratic Caucus and a member of Broward Sheriff Al Lamberti’s Council for Diversity and Equal Opportunity — wrote to The Florida Independent:

Sheriff Lamberti called me late [Tuesday] afternoon to advise that tomorrow his office will be requesting the Broward County State Attorney’s Office to drop the charge relating to criminal transmission of HIV.  He confirmed the Mr. Lewis’s HIV-test came back negative.

Sheriff Lamberti again committed to review and develop steps to better educate the Broward County law enforcement community on the harmful and stigmatizing impact of HIV-criminalization.

The Sheriff’s Office has yet to respond  to allegations that deputies who arrested Lewis lied or details of the sheriff’s plans to better educate local law enforcement personnel on how HIV is transmitted, especially when criminal transmission of HIV charges are involved.

The case of Daniel Hay Lewis, charged with criminal transmission is not unusual. In fact, according to Catherine Hanssens, executive director of the Center for HIV Law and Policy, the United States “prosecutes more people on the basis of their HIV status than any other country in the world.”

According to the Kaiser Family Foundation, in 2008 Florida had the largest number of inmates with HIV/AIDS in custody of state or federal prison authorities (more than 3,600). The data shows that while 3.6 percent of Florida’s inmates were HIV positive, the U.S. average was 1.5 percent.

On Tuesday, a Broward County court granted a motion filed by public defender Jason Blank agreeing to release Lewis to the services of Pre-Trial Release.

The motion said:

Defendant’s bonds were increased due to the nature of the charges which Defendant has information to show were falsely alleged. The increase of his bonds goes to show nothing more than a discriminatory practice against those allegedly infected by HIV.

Blank told the Independent last week that “it is clear that the officer’s sworn allegations of Daniel’s infection with HIV is not only a lie and highly illegal, but is being used to cover-up the excessive use of force during his arrest.”

Hay Lewis, a Hallandale Beach resident  was charged with criminal transmission of HIV after allegedly trying to bite a police officer while being arrested for shoplifting.

After allegedly trying to steal $12,000 worth of garden products from a Home Depot on May 30, he admitted to stealing the stuff, police say, but didn’t exactly want to get arrested.

According to the police report, Lewis attempted to bite the cop “while knowing he was HIV positive,” but it was never explained how they knew that he was HIV-positive.

Responding the charges against Lewis, Michael Rajner, legislative director of the Florida GBLT Democratic Caucus, wrote to TheFlorida Independent:

While I do not know Mr. Lewis, nor am I serving as an advocate on his behalf … I’m extremely concerned with the Broward County Sheriff’s deputy having charged the Mr. Lewis with criminal transmission of HIV.

Rajner — a social worker who lives with AIDS — added:

I called Broward County Sheriff Al Lamberti and an assistant state attorney at the Broward County State Attorney’s Office to discuss the particular statute in question, Florida Statute 775.0877 “Criminal Transmission of HIV; Procedures; Penalties”. Sheriff Lamberti shared my concern that this charge, based on the information provided, did not appear to be appropriate. As often with these kinds of cases, prosecutors employ fear and not science when prosecuting these kind of cases.

In my conversation with Sheriff Lamberti, he agreed to develop an initiative to educate his deputies properly on how HIV in transmitted, especially when Florida Statute relating to criminal transmission of HIV. The Sheriff further added that he would also like to approach the police chiefs’ association to ensure local police departments were better educated. I’m hoping Broward County State Attorney Michael Satz will agree to a similar effort with his assistant state attorneys.

Stephen Fallon — president of Skills4, a health care consulting firm — told the Independent that there is extensive research that shows that a bite cannot transmit HIV. A Centers for Disease Control and Prevention FAQ explains that “only specific fluids (blood, semen, vaginal secretions, and breast milk) from an HIV-infected person can transmit HIV,” and that HIV transmission through a bite is “very rare”

In an email, Fallon wrote:

As I understand it, the man jailed is being charged with 775.0877 because he bit a police officer.

That sort of action would certainly be subject to prosecution as assault on an officer, whether the person biting was HIV+ or HIV-. The language in the statute, though, is vague enough to seem to allow an extra charge because of some presumed threat of HIV transmission.

From what I see in the language, the statute is very outdated, as it does not reflect likely transmission risk. (That is, the statute does not delineate between risky types of bodily fluids and fluids that are not risky. Presumably, someone HIV+ could be charged for sweating on another person, or intending to do so, under this statute.) If I were an attorney, I would say that the extra charge against Lewis amounts to prosecutorial hysteria.

Michael Rajner

Fort Lauderdale – Florida’s AIDS Drugs Assistance Program (ADAP), which provides public assistance to more than 10,000 Floridians who cannot afford lifesusta in

ing AIDS drugs, will run out of funding in February. The program has a $14.5 million funding gap that could continue until the new funding year beings April 1. Additionally, there are 2,800 patients in Florida on a waiting list for AIDS medications – more than half the 5,100 patients on ADAP waiting lists around the country.

U.S. Sen. Bill Nelson has been working diligently to address the ADAP crisis in Florida. On Jan. 21, he sent a letter to Florida Gov. Rick Scott urging him to make this crisis a high priority and find state resources to keep Florida’s ADAP program fully operating over the next few months. Additionally, Sen. Nelson sent a letter to President Barack Obama requesting that federal ADAP funding be increased in his next budget proposal.

“Florida’s ADAP crisis is a very serious public health situation that needs to be addressed immediately. This is life and death for some individuals,” said Michael Rajner, Florida GLBT Democratic Caucus legislative director. “We commend Sen. Nelson for his tireless efforts to address the matter and hope Governor Scott will do all he can to alleviate the short-term funding gap with state resources. As a Floridian living with AIDS, I can attest to the fact that the life-saving medications patients receive from this program are vital to sustaining their health.”

FORT LAUDERDALE, Fla.

POZ magazine named local HIV/AIDS activist Michael Rajner as one of the nation’s top 100 people fighting against the spread and for the treatment of HIV/AIDS. The magazine referred to Rajner as a “one-man powerhouse from Fort Lauderdale [who] is a regular on the political scene from Dade County to Capitol Hill.” POZ referred to all those named in their article as “some of the bravest, most dogged and downright effective AIDS fighters we know.”