May, 12 2010, 11:24am EDT
For Immediate Release
Contact:
Michael Mariotte, NIRS 301-270-6477
Grassroots Clean Energy/Environmental Groups: Kerry-Lieberman Dirty Energy Bill Is No Solution to Climate Crisis
TAKOMA PARK, Md.
200 environmental, peace,
consumer, religious organizations and small
businesses today joined together to blast the Kerry-Lieberman
"climate" proposal as a taxpayer bailout of the nuclear power
industry and other dirty energy interests that would be ineffective at
addressing the climate crisis.
The groups pledged to oppose the
Kerry- Lieberman bill unless
substantial changes are made, including removing all support for nuclear
power.
"This bill is just
business-as-usual: taxpayer giveaways to giant
nuclear and other energy corporations wrapped in the guise of doing
something
about our climate crisis. To call this a climate bill is greenwashing in
the
extreme. We need to direct our resources to the fastest, cheapest,
cleanest and
safest means of reducing carbon emissions-this bill does just the
opposite," said Michael Mariotte,
executive director of the Nuclear Information and Resource Service, a
national
organization based in Takoma Park, MD, which coordinated this statement.
"The climate crisis won't be
solved by increasing reliance
on the dirty energy technologies of the past." said Michael Keegan of
the
Michigan-based Coalition for a Nuclear-Free Great Lakes, "What we need
is
an all-out effort to implement the clean technologies that already exist
and
are improving daily: solar and wind power, distributed energy systems,
smart
grids, increased energy efficiency-these are the energy technologies of
the 21st century."
Among other provisions, the bill
is expected to:
*provide $54 billion in taxpayer
"loan guarantees" for
construction of new nuclear reactors. These "loan guarantees" would
actually be direct taxpayer loans from the government's Federal
Financing
Bank. It would also provide a 10% tax break to wealthy utilities for
nuclear
construction costs.
*create a "Clean Energy
Deployment Administration" (CEDA)
with the authority to provide unlimited taxpayer loans for new
reactor
construction without Congressional oversight.
*support dirty and dangerous
reprocessing technologies, authorize
billions of dollars in nuclear research and development, and
legislatively
attempt to speed the nuclear reactor licensing process despite a recent
report
from the Bipartisan Policy Center that found the industry is primarily
to blame
for the slow pace of licensing.
*continue to support offshore
oil drilling near much of the U.S. coastline
despite the calamitous BP oil spill.
*provide $10 billion for
wasteful and impossible "clean
coal" development.
*target a reduction in carbon
emissions of only 17% from 2005 levels by
2020-far lower than most scientists believe is necessary.
Groups in New England were particularly
upset at their
Senators' actions. "Senator John Kerry's blatant support of the
nuclear industry has left thousands of his Massachusetts
constituents questioning his judgment," said Sandra Gavutis, executive
director of C-10, a grassroots group in eastern Massachusetts.
"Senator
Joe Lieberman is the
nuclear power industries' best friend in the U.S. Senate. His support
for
a major federal loan guarantee for the nuclear power industry comes as
no
surprise. However, he does not represent the interests of the people of
Connecticut, who demand
investment instead in safe, clean, renewable energy," added Nancy Burton
of the Connecticut Coalition Against
Millstone.
In an affront to
environmentalists across the world, Senators Kerry and
Lieberman originally chose April 26-the 24th anniversary of
the Chernobyl
nuclear catastrophe-to unveil their "climate bill" that would
provide vast new government support for construction of new nuclear
reactors
and make future Chernobyl-like disasters even more likely. Only the
sudden
withdrawal of support for the bill by South Carolina Senator Lindsay
Graham
changed the bill's release date.
"Everyone needs to face the
tragic truth about the very real
consequences of nuclear catastrophe," says Glenn Carroll, coordinator of
Nuclear Watch South. "The Chernobyl
accident is still
happening as
wildlife intrudes the ruined reactor and spreads radiation around the
countryside. The massive concrete sarcophagus is 24 years old and
threatens to
collapse, initiating another deadly plume of radiation to the
environment. Sun
and wind promise us complete freedom from the untenable threat of
irreversible
nuclear contamination and our leaders must be pressed upon to heed
Chernobyl's warning
against investing in more nuclear reactors." Nuclear Watch South is
based
in Georgia where the giant
Southern Company is slated to receive the first government nuclear
payouts for
two new reactors at the Vogtle site near Augusta.
"In the past month we've
commemorated Chernobyl--the
worst man-made disaster in history--and seen two new disasters: a
massive oil
spill on our Gulf
Coast and a coal mine
explosion," said Mariotte. "Nuclear power, oil and coal are not
solutions to climate change, they are enormous environmental problems.
These
Senators should know better. The widespread opposition to this bill
indicated
by these 200 organizations indicates the American people want real
solutions to
the climate crisis, not more expensive bailouts for dirty energy
interests."
Signers listed by State
Patricia
Birnie
GE
Stockholders Alliance
Tucson, AZ
Jack
& Felice Cohen-Joppa
The
Nuclear Resister
Tucson, AZ
Russell
Lowes, Research Director
www.SafeEnergyAnalyst.org
Tucson, AZ
Stephen
M. Brittle
Don't Waste Arizona
Phoenix, AZ
Dave
Ewoldt
Executive
Director
Natural
Systems Solutions
Tucson, AZ
Bill
Cunningham
Southwest
Solar
Tucson, AZ
Julia
Rouvier
Flagstaff Nuclear
Awareness Project
Flagstaff, AZ
Christopher
Worcester
Solar
Wind Works
Truckee, CA
Elaine Holder, President
Mothers for Peace Action Committee
San Luis Obispo, CA
Robin
Bayer, President
Magic
Palo Alto, CA
Linda
Seeley
Terra Foundation
San Luis Obispo,
CA
Mary
Beth Brangan
EON, The Ecological Options Network
Bolinas, CA
Philip
Tymon, Administrative Director
Occidental Arts and Ecology
Center
Occidental, CA
Lillian
Light, President
The Environmental Priorities Network
Palos Verdes, CA
Leslie Sheridan, President
The Added Edge, Inc.
Vineburg, CA
Steven Gorelick
International Society for Ecology and
Culture
Berkeley, CA
Enid
Schreibman
Center
for Safe Energy
Berkeley, CA
Monroe Jeffrey
International Tribal Association
Perris, CA
Carol
Wiebe
Westhaven Center for the
Arts
Trinidad, CA
Joyce
McLean
Santa Cruz WILPF
Santa
Cruz, CA
Marylia Kelley
Tri-Valley CAREs
Communities Against a Radioactive Environment
Livermore, CA
Sheldon Plotkin
Southern California Federation of Scientists
Los Angeles, CA
Bernice Fischer
Peninsula
Women's International League for Peace and Freedom
Palo Alto, CA
Guenn
Johnsen-Gentry
Director
of Education and Outreach
North Valley Food Co-op
Redding, CA
Albert G Cohen
Southern
California
Ecumenical
Council
Pasadena,
CA
Todd
Steiner, Executive Director
Turtle Island Restoration
Network
Forest
Knolls, CA
Patricia Krommer C.S.J.
Sisters of St. Joseph
Los Angeles, CA
Wendy
Oser
Nuclear
Guardianship Project
Berkeley, CA
Dorothy Holland, Co-Chair
Santa Barbara Branch
Women's International League for Peace
& Freedom
Santa Barbara, CA
Ananda
Lee Tan
North American Program Coordinator
Global Alliance for Incinerator Alternatives
Berkeley, CA
Free
Soil Party of the U.S.
Los Angeles, CA
Mark
Moulton
Fund For Peace Initiatives
Menlo Park, CA
Evan
Ravitz, Founder
Vote.org
Boulder, CO
Lezley Suleiman
President, Tallahassee Area Community
Canon City, CO
Judi Friedman,
Chair
PACE (Peoples
Action for Clean Energy, Inc.)
Canton, CT
Nancy Burton
Connecticut Coalition
Against Millstone
Redding Ridge, CT
Paula Panzarella
Fight the Hike
New Haven, CT
Alan Muller,
Executive Director
Green Delaware
Port
Penn, DE
Jim
Riccio
Greenpeace
Washington DC
Jay Marx, Campaign Coordinator
Proposition One Committee for Nuclear
Disarmament and Economic Conversion
Washington, DC
Donald Keesing
Coordinator
Voices Opposed To Environmental Racism
Washington, DC
Jim
Walker
No
Nukes Now
Tallassahee, FL
Marilyn
Blackwell
Help Save the
Apalachicola River Group
Wewahitchka, FL
Cara
Campbell, Chair
Ecology
Party of Florida,
Ft.
Lauderdale, FL
Nancy O'Byrne
Pax Christi Northeast
Florida
St. Augustine, FL
John Hedrick
Panhandle
Citizens
Coalition
Tallahassee, FL
Dick
Glick
Corporation for Future Resources
Tallahassee, FL
Rev. Dr.
Kathleen A.
Bishop
Rabbi Barry Silver
Social Justice League of Palm Beach County
Lake Worth, FL
Joyce
Tarnow, President
Floridians
for a Sustainable Population
Cross
City, FL
Sue Michalson, chair
The Village Greens Environmental
Club
The Villages, FL
Michael Canney
Alachua County Green
Party
Gainesville, FL
Glenn Carroll
Nuclear Watch
South
Atlanta, GA
Tom Ferguson
Foundation
for Global
Community
Atlanta, GA
Bob Darby
Food Not
Bombs
Atlanta, GA
Bobbie Paul, Executive Director
Georgia WAND
Atlanta, GA
Adele
Kushner, Executive
Director
Action for a Clean Environment
Alto, GA
Roy H. Taylor III
Choosing Green
Canton, GA
Andrea
Shipley, Executive Director
Snake
River Alliance
Boise, ID
Dave
Kraft
Nuclear
Energy Information Service
Chicago, IL
Carolyn
Treadway
No New
Nukes
Normal, IL
Carol Stark,
Director
Citizens
Against Ruining the Environment-C.A.R.E.
Lockport IL
Maureen Headington
Stand Up/Save Lives Campaign
Burr Ridge, IL
Cheryl Becker
Body Wisdom Incorporated
Lake Bluff, IL
John E. Surette, SJ
Spiritearth
La Grange Pk, IL
John Blair, president
Valley
Watch, Inc.
Evansville, IN
Ann Suellentrop
Physicians for Social Responsibility Kansas City Chapter
Kansas City, KS
Nancy Givens, CoChair
BGGreen Partnership for a Sustainable
Community
Bowling Green, KY
Corinne
Whitehead, President
Coalition
for Health Concern, Inc.
Benton, KY
W. H. Herke, Ph.D.
Citizens for a Clean Environment
Baton Rouge, LA
Deb Katz
Citizens Awareness Network
Shelburne Falls, MA
Sandra
Gavutis, Executive Director
C-10
Foundation
Newburyport, MA
Nancy Munger and Laura Roskos,
Co-Presidents
WILPF, U.S. Section
Boston, MA
Hugh Harwell, MRP
Ecological Planner, Designer &
Builder
Sirius Ecovillage
Shutesbury, MA
Margaret Sheehan, President
Biomass Accountability Project, Inc.
Cambridge, MA
Andree Collier & Ken Ward
Jamaica Plain Green
House
Jamaica Plain, MA
Jonathan Mark,
Publisher, Flyby News
Wendell Depot, MA
D.O.,
Glen & Jean
The
Enviro Show
WXOJ-LP
& WMCB
Florence, MA
Virginia Pratt
Boston Branch,
Women's International League for Peace and Freedom
Boston, MA
David
Starr, Director
GREEN Northampton
Northampton, MA
Brent
Baeslack, Co-chair
Haverhill Environmental League
Haverhill MA
William S. Linnell
Cheaper, Safer Power
Portland, ME
Bradshaw
Cummings
Peace Action Maine
Portland, ME
Michael Mariotte, Executive Director
Nuclear
Information and Resource Service
Takoma Park, MD
Max Obuszewski
Baltimore Nonviolence
Center
Baltimore, MD
Ken Bossong,
Executive Director
SUN DAY Campaign
Takoma Park, MD
Kevin Kamps
Beyond Nuclear
Takoma Park, MD
Angela Flynn, Coordinator
Teach Environmental
Awareness for Community Health
Bethesda, MD
Gwen Dubois
Chesapeake Physicians for Social Responsibility
Baltimore, MD
Dagmar Fabian
Crabshell
Alliance
Baltimore, MD
Keith Gunter
Citizens'
Resistance at Fermi Two
Monroe, MI
Alice Hirt
Don't Waste
Michigan
Holland, MI
Michael J.
Keegan
Coalition for
a Nuclear-Free Great Lakes
Monroe, MI
Joel Welty, Executive Director
Michigan Alliance of Cooperatives
Blanchard, MI
Eugenia
Bajorek
SJF
& PCUUC Peace and Justice
Oakland, MI
Derek Grigsby
The Detroit Peoples Water
Board
Detroit, MI
Vic
Macks
Michigan Stop the
Nuclear Bombs Campaign
Detroit, MI
Amber Garlan
Green Party of St. Paul
St. Paul, MN
Judi
Poulson, Chair
Fairmont
MN Peace Group
Fairmont, MN
Danene Provencher
West Metro Global Warming Action Group
Mound, MN
Susu Jeffrey, Founder
Friends of Coldwater
Twin Cities, MN
Jean Chovan, Joy Johnson
Co-chairs
Southeastern Minnesota Alliance of Peacemakers
Rochester, MN
Mark
Haim
Missourians
for Safe Energy
Columbia, MO
Chris Daum
Oasis Montana Inc.
Renewable Energy Supply & Design
Stevensville, MT
Buffalo Bruce
Western Nebraska Resources Council
Chadron, NE
Steve
Larrick, President
South Salt Creek Community Organization
Lincoln, NE
Peggy Maze Johnson
Citizen
Alert
Las Vegas, NV
Doug
Bogen
Executive Director
Seacoast Anti-Pollution League
Portsmouth, NH
Paula Gotsch
GRAMMES
Normandy Beach, NJ
Lori Gold
Genesis Farm
Blairstown, NJ
Janet
Greenwald
Citizens
for Alternatives to Radioactive Dumping
Albuquerque, NM
Joni Arends, Executive Director
Concerned Citizens for Nuclear Safety
Santa Fe, NM
Lesley Weinstock, Coordinator
Aguq es Vida Action Team (AVAT)
Albuquerque, NM
Marian Naranjo, Director
Honor Our Pueblo Existence (H.O.P.E.)
Espanola, NM
Penelope
McMullen, SL
Loretto
Community
Santa
Fe, NM
John Boomer
MASE (Multicultural Alliance For A Safe Environment)
Albuquerque, NM
Pam Gilchrist
Network
of Spiritual Progressives
Santa Fe, NM
Greg Mello
Los Alamos Study Group
Albuquerque, NM
Alice Slater
Nuclear Age
Peace Foundation, NY
New York, NY
Barbara Warren
Executive Director
Citizens' Environmental Coalition
Albany, NY
Arnold Gore
Consumers Health Freedom Coalition
New York, NY
Stanley Romaine, Chair
Great
Neck SANE/Peace Action
Great
Neck, NY
Gerald R.
Lotierzo, Co-Chair
Peace Action
of Central
New York
JK Canepa, Co-Founder
New York Climate Action Group
New York, NY
Aresh Javadi, Executive Director
The More Gardens!
Fund
New York, NY
Ann
Eagan
Green
Party NYC
New York, NY
James Rauch, Secretary
F.A.C.T.S. (For A Clean Tonawanda Site)
Alden, NY
Conrad Miller M.D.
Founder
Physicians
For Life
Watermill, NY
Elaine
Donovan, co-founder
Concerned Citizens for Peace
Honeoye, NY
Jim Warren,
Executive Director
NC WARN
Raleigh, NC
Lewis E. Patrie, MD, Chair
Western N. C. Physicians for Social
Responsibility
Asheville, NC
E.M.T. O'Nan, Director
Protect All Children's Environment
Marion, NC
Robert Eidus
Eagle Feather Organic Farm
Marshall, NC
Wells
Eddleman, Staff
Scientist
NC Citizens Research Group
Durham NC
Ed King
Triangle
Greens
Pittsboro, NC
Roberta Dees
Charlotte, NC
Connie Kline
Ohio Citizens
Against a Radioactive Environment
CARE
Willoughby Hills, OH
Chris Borello, President
Concerned
Citizens of Lake Twp./Uniontown IEL Superfund Site, OH
Terry J. Lodge, Convenor
Toledo Coalition for Safe Energy
Toledo, OH
Karen Hansen,
State Director
Ohio
Conference on Fair Trade
Columbus, OH
Marilyn
McCullough
The Carrie
Dickerson Foundation
Tulsa, OK
B.A. Geary
Citizens Action for Safe Energy
Tulsa, OK
Nina Bell,
J.D.,
Executive Director
Northwest
Environmental
Advocates
Portland, OR
Betsy
Toll
Living
Earth Gatherings
Portland, OR
Dona
Hippert J.D., President
Oregon Toxics
Alliance
Eugene, OR
Paige
Knight, President
Hanford Watch
Portland, OR
Chuck
Johnson
Center
for Energy Research
Portland, OR
Lloyd Marbet, Executive Director
Oregon Conservancy Foundation
Boring, OR
Peter
Bergel
Oregon PeaceWorks
Salem, OR
Lynn Sims
Don't Waste Oregon
Portland, OR
David
Hughes
Citizen
Power
Pittsburgh, PA
Dr. Lewis
Cuthbert
Alliance For A Clean Environment
Pottstown, PA
Ernest Fuller
Concerned
Citizens for SNEC Safety
Six
Mile Run, PA
Mike
Ewall
Energy
Justice Network
Philadelphia, PA
Zoey
Alderman-Tuttle
Student
Green Team of Mercyhurst
College
Erie, PA
Eric Epstein
Three Mile Island Alert
Harrisburg, PA
Katharine Dodge, President
Northeast PA Audubon Society
Honesdale, PA
Uke Jackson
Uke Jackson Productions, Inc.
Delaware Water Gap,
PA
Mary Elizabeth Clark
SSJ Earth
Center
Philadelphia, PA
Terri MacKenzie SHCJ
The EcoSpirituality Group, American Province Sisters of the Holy
Child
Rosemont, PA
Nancy Tate
LEPOCO Peace
Center
Bethlehem, PA
I.K.
Samways Chair
Green
Party of Pennsylvania
Harrisburg, PA
Sandy Hazley, Chair
Green Party of Allegheny County
Pittsburgh, PA
Bill Belitskus, Board President
Allegheny Defense Project (ADP)
Kane, PA
Joe
Martin
McKean County Citizens Against Nuclear Waste
Bradford, PA
Patricia Hval, Chair
Westerly Peak Oil Task Force
Westerly, RI
William Smith, III
USA Nica Windpower, Inc.
Jamestown, RI
Finian Taylor
Hilton
Head for Peace
Hilton
Head, SC
Louise
Gorenflo, moderator
Know Nuclear
Crossville TN
Kathleen
Ferris, Co-Founder
Citizens to
End Nuclear Dumping in TN
Murfreesboro, TN
Irucka
Embry
EcoC2S
(EcoCsquaredS)
Murfreesboro/Nashville,
TN
Eric
Lewis, Administrator
Cumberland Green Bioregional Council
Nashville, TN
Cynthia Weehler
Energia
Mia
San Antonio, TX
Jerry Stein, President
Peace Farm
Amarillo, TX
Mary
Schneider
The Holographic Repatterning Institute At Austin
Austin, TX
Marisol Cortez, Climate Justice Organizer
Southwest Workers' Union
San Antonio, TX
Peggy
and Melodye Pryor
No
Bonds for Billioniares
Andrews,
TX
Joseph L. Goldman, Ph.D, CCM
Technical Director
International Center for the
Solution of Environmental Problems
Alpine, TX
Gary Stuard
Founder/Executive Director
Interfaith Environmental
Alliance (IEA)
Dallas, TX
Elena Day
Peoples'
Alliance for
Clean Energy
Charlottesville, VA
Jason Von Kundra, President
GMU Environmental
Action Group
Fairfax, VA
Joe
Cook
Council Coordinator
Hampton Roads
MoveOn.org
Norfolk, VA
Brian
Tokar
Institute
for Social Ecology
Plainfield, VT
Beth
Champagne
North Country
Coalition for Justice and Peace
St. Johnsbury, VT
Crystal
Zevon
Farm
Fresh Market and Cafe
Barre, VT
Randy
Kehler, Co-Coordinator
Safe
& Green Campaign
Brattleboro, VT
Debra
Stoleroff
Vermont Yankee
Decommissioning Alliance
Montpelier, VT
Ariel
Zevon
Local
Agricultural Community Exchange
Barre, VT
Rachel
Smolker
Climate
SOS
VT
Gerry
Pollet, JD;
Executive Director,
Heart of America
Northwest
Seattle, WA
Chris
Herman
Winter
Sun Design
Edmonds, WA
Marianne
Edain
Whidbey
Environmental Action Network
Langley, WA
John
LaForge
Nukewatch
Luck,
WI
Judy Miner, Executive Director
Wisconsin Network for
Peace and Justice
Madison WI
Guy Wolf
Coulee
Region Progressives
Stoddard, WI
Gail
Vaugh
DownRiver
Alliance
Ferryville, WI
Irene Mehlos
Merrill Peace Study
Merrill, WI
Christopher
LaForge
Great Northern Solar
Port Wing, WI
Northern Futures Foundation
Port Wing, WI
Kickapoo Peace Circle
Viroqua, WI
Al Gedicks
Wisconsin Resources
Protection Council
La Crosse, WI
Nuclear Information and Resource Service is the information and networking center for people and organizations concerned about nuclear power, radioactive waste, radiation, and sustainable energy issues.
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Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
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Apr 23, 2024
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Apr 23, 2024
U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
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Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
"They didn't know that it would affect their wages and livelihood," Reyes stressed. "Most workers cannot negotiate their way out of a noncompete clause because noncompetes are buried in the fine print of employment contracts. A full third of noncompete clauses are presented after a worker has accepted a job."
Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
Among those applauding was Jean Ross, president of National Nurses United, who said that "the new FTC rule will limit the ability of employers to use debt to lock nurses into unsafe jobs and will protect their role as patient advocates."
Angela Huffman, president of Farm Action, also cheered the effort to stop corporations from holding employees "hostage," saying that "this rule is a critical step for protecting our nation's workers and making labor markets fairer and more competitive."
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'Discriminatory' North Carolina Law Criminalizing Felon Voting Struck Down
One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
Apr 23, 2024
Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
However, Mitchell Brown, an attorney for one of the plaintiffs, said that "Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to reengage in the political process and perform their civic duty."
"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
"First, because it seeks to justify the denial of a basic human right to citizens and thereby perpetuates a vestige of slavery, and second, because the majority violates a basic tenant of appellate review by ignoring the facts as found by the trial court and substituting its own," she wrote.
As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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