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ACLU Wins Illegal Surveillance Ruling Against MPD

Saying that there was “clear and convincing evidence” that the city of Memphis actively pursued covert surveillance of four local activists, U.S. District Judge Jon P. McCalla decreed on Friday that the ACLU of Tennessee could sue the city of Memphis for breaking a 1978 agreement prohibiting the city from conducting such activities. 

Judge Jon P. McCalla

From McCalla’s decision: “The Court finds that the ACLU-TN has demonstrated by a preponderance of the evidence that it was the entity that entered into the 1978 agreement with the City. Thus, the ACLU-TN has standing to bring the lawsuit.”

McCalla’s ruling came as a result of an August trial to determine whether the ACLU had legal standing to pursue a lawsuit on behalf of local activists Elaine Blanchard, Keedran Franklin, Paul Garner, and Bradley Watkins, who claimed they had been illegally spied upon by the Memphis Police Department and other city agencies.

The city violated several areas of the consent agreement, McCalla ruled, including: intercepting phone calls and electronic communications, using a fake Facebook profile of “Bob Smith” to learn of activists’ activities, and failing to properly inform officers of the parameters of the 1978 ruling. The city also utilized the local Office of Homeland Security to gather information on Memphis activists. From the judgment:

* The police department conducted “political intelligence”as specifically defined and forbidden by the consent decree.
* The department operated the Office of Homeland Security for the purpose of political intelligence.
* The department intercepted electronic communications and infiltrated groups through the “Bob Smith” Facebook account.
The department failed to familiarize MPD officers with the requirements of the decree.
* The department did not establish an approval process for lawful investigations into criminal conduct that might incidentally reveal information implicating First Amendment rights.
* The department disseminated information obtained in the course of an investigation to individuals outside law enforcement.
* The department recorded the identities of protest attendees for the purpose of maintaining a record.

The judgment is available in PDF form here and goes into great detail about specific activities conducted by MPD and the city in their efforts to spy on local activists and their groups. Surveillance was conducted against activists from Save the Greensward, Black Lives Matter, and other groups, and photos were taken at several marches and protests. Details of the city’s surveillance operation begin on page 20 of the attached document

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Letter From The Editor Opinion

Extreme Vetting at City Hall

Years ago, in more innocent times, the Flyer‘s front door wasn’t locked during business hours. It led to some interesting encounters, mostly for those of us in the editorial department.

People would come in to the front desk with a “story that needs to be investigated” and ask to see the editor. The receptionist would call me and say “There’s a gentleman here to see you about a story.” If I wasn’t particularly busy, I’d go up to the front desk and take the visitor into our conference room.

Ninety-nine percent of the time they were harmless. Many folks wanted us to investigate their awful employer, who’d just fired them “for no reason.” Others were just fascinating nuts, like the guy who said he was growing pot just across the river and that “black helicopters” were hovering over his land and that “government agents” were following him around Midtown. Once, the visitor was a Frenchman who was sailing around the world. I actually got a story out of that visit.

With most of these folks, I’d listen for a while and then say, “We’ll look into it.” Then I’d shake their hand and firmly escort them out of the building. But eventually it got to be a problem. A couple of folks showed up who were a little scary, so we installed a lock with a buzzer and intercom. Call it our version of “vetting.” We even have a couple of folks who are not allowed in. I guess that’s our “list.”

Which, unsurprisingly, I suppose, brings me to the city of Memphis’ list of folks whom the MPD have decided need an escort when they come to City Hall. The problem is that there seems to have been no cohesive protocol for putting people on the list.

I get why you’d put disgruntled former employees on it. And I get why Mayor Strickland would want to sign an authorization of agency against the people who staged a “die-in” on his lawn. If I looked out my window and saw 20 people demonstrating in my yard and looking in my windows, I’d call 911 and grab a shotgun. And if they ever showed up again, I’d want them arrested, pronto.

But those folks, and others, were added to a larger list that includes a lot of people who are absolutely no threat, including former Tiger basketball player Detric Golden, who works with disadvantaged youth, and the Rev. Elaine Blanchard, who was once the subject of a Flyer cover story for her inspirational work with women in prison.

Others appear to have been added to the list for no reason other than they are community activists who may or may not have participated in protests. Many on the list have committed no crimes.

This vetting stuff can be tricky. Just ask President Trump, whose recently overturned immigration ban sought to exclude all citizens from seven countries, even though 99 percent of the people coming from those nations are fleeing persecution and violence or have legitimate business here. That isn’t “extreme vetting.” It’s xenophobia. It’s casting a wide net when only a lasso is needed.

Memphis needs to take a cue and fine-tune its list. We need to encourage community activism and free speech, not demonize it.

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Memphis Gaydar News

Trans*cend Shares Stories of Transgender Memphians

Elaine Blanchard

Storyteller and writer Elaine Blanchard has spent the past couple months meeting with a handful of transgender and gender-fluid Memphians, collecting their personal stories of coming out and day-to-day life in Memphis.

She and a professional cast will be acting out those stories this weekend in her original show, Trans*cend. The show will take place Saturday, March 12th, at 8 p.m., and Sunday, March 13th, at 2 p.m., at TheatreSouth (1000 S. Cooper) inside First Congregational Church. Admission is $10.

Trans*cend
will be dedicated to Duanna Johnson, a transgender woman who was brutally beaten by Memphis police officer Bridges McRae in February 2008. McRae pled guilty to a civil rights violation in federal court for the beating. But Johnson was found fatally shot in November 2008 in a yet-unsolved case.

Memphis film-maker Shelby Fuller Elwood will be filming the play for a documentary on the process of making Trans*cend.

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We Recommend We Recommend

Elaine Blanchard’s The Profound Plan

“Freedom,” Elaine Blanchard says, opening a conversation about The Profound Plan, an oral history about women and Planned Parenthood. “We want the freedom to carry a gun, to fly any flag we want to fly. We want the freedom to call people any name we want to call them. We want freedom. Except for when it comes to a woman’s right to make choices about an unplanned pregnancy.”

Blanchard recalls a story about a white woman and her African-American partner passing through the ubiquitous wall of protesters on the way to Planned Parenthood. Some members of the disapproving crowd called them murderers. Others judged the couple differently and called them “racist.” Abortion, Blanchard notes, is just a tiny fraction of the women’s reproductive health services provided by Planned Parenthood. Women going in for regular checkups and STD-testing face the same shaming wall every day.

Elaine Blanchard

Blanchard hadn’t intended for her new work to be so timely. She was already interviewing workers and clients when a dubiously edited propaganda video zipped across the Internet accusing Planned Parenthood of selling baby parts at bargain-basement prices. She hadn’t anticipated the ongoing political grandstanding or renewed threats to cut the organization’s funding.

“Soldiers” is the word Blanchard uses for Planned Parenthood workers, who manage the pressure of living with threats and constant harassment while working to assure reproductive freedoms.

Blanchard also tells the story of 65-year-old friends who both found themselves romantically involved with men.

“One of the women called her friend and said, let’s do this. Let’s have sex. But let’s go to Planned Parenthood and get tested, just to make sure we’re not carrying anything nasty into this new relationship.” The men also went in for checkups. The result: “five years of bliss.”

“65 years old,” Blanchard repeats. “Who knew Planned Parenthood served so many people in so many different ways.”

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Theater Theater Feature

Elaine Blanchard’s Positive Stories

Elaine Blanchard is a little bit mad and she’s not shy about saying so. “I’m a little mad,” the professional storyteller says in a gentle, caring voice that doesn’t sound like it could ever convey much in the way of real frothing anger. “The clients at Friends for Life [an AIDS service organization group] don’t have a lot of money, obviously,” she says, showing frustration. “They don’t have a lot of social or financial security either. And they are all HIV-positive. Also, everybody in the group I’m working with is black.”

Blanchard has built a strong a reputation locally as a social activist and artist whose important work bridges a gap between theater and journalism. She’s best known for launching Prison Stories, an ongoing theatrical experiment collecting and sharing the highly personal and endlessly revealing stories of women behind bars in Memphis. More recently, she’s been leading a 12-week workshop with Friends for Life clients, developing a new piece of narrative theater called Positive Stories, a play that spotlights Friends for Life’s 24-year history of working in Memphis’ HIV-positive community.

Positive Stories takes a deep plunge into the life experiences of a group of Memphians who struggle daily with a potentially deadly disease in a repressive, sometimes hostile environment where, even in 2014, they have to keep their condition under wraps. Blanchard’s frustrated observations about the relationship of race and class to the spread of HIV line up with a 2010 Centers for Disease Control & Prevention (CDC) report ranking Memphis as fifth in the nation for newly infected HIV patients, with the highest percentage of new infections occurring among African-American males between 15 and 34-years-old. It’s a circumstance clearly exacerbated by fear, cultural bias, income inequality, and racial ambivalence.

“And here’s what really makes me mad,” Blanchard adds, “the people who come to Friends for Life are all needy, poor. They are also very religious. The church takes high priority in their value system. But that’s also why they are so ashamed and isolated. They have poor self-esteem because their churches tell them that this terrible disease they have is punishment for something they’ve done wrong. This is a big boulder that these people carry around on their backs all the time.” Many of the clients attending Blanchard’s workshop are terrified of being ostracized and require a lot of assurance that nobody will use the information they share with Blanchard against them.

“This is your chance to be a part of something beautiful,” Blanchard assures the group. “This is your chance to educate people. To show them what it’s really like.”

Blanchard begins a workshop by reminding everyone gathered in the circle that the script is called Positive Stories for a reason. “We, as the audience members, can only tolerate so much pain,” she says as one participant retrieves a box of tissues and places it where everybody can easily reach it. “Maybe we can start off with lighter stories and talk about where you grew up, or good things you remember about your grandma,” she says. “Then we can move into troubles you’ve had.” Blanchard has been through this repeatedly with Prison Stories, and she knows on the front end that lighter stories will be outweighed by trouble. One man talks about being moved from one foster home to the next until he was dumped onto the street at 18 with no skills, no money, and no understanding of just how dangerous unprotected sex could be. Today, he still struggles with guilt because he also infected his wife. And he struggles to understand how a strong young man in his 20s can also be a stroke victim with nerve damage in his legs. He also wonders if his closest brush with death — the terrible experience that led him to Friends for Life — saved him from an early grave.

Another man, in soft and measured tones, tells a long cautionary tale about the hazards of sharing your story with the wrong people. Like your family.

“After my diagnosis I went home and told my parents,” he says. “I was immediately an outcast. Everything I owned came out to my car, including my toothbrush. Then everything that wasn’t mine that I had touched or ate out of had to be washed out with Clorox. I got a job and ended up losing that job because they wanted to know why I had to go to the doctor. I was reluctant to tell them because they told me at the Med I didn’t have to tell nobody as long as I had a doctor’s statement. But they kept on pursuing it, so I finally told them and a month later they called me in said they had a customer complaint. I was fired. Later I asked my supervisor if this was because I have HIV. He said, ‘If you ask me in front of [the boss], no. But while we’re back here, yes, that’s why.’ I had no friends. I hit rock bottom.”

The man breaks down in the middle of his story and reaches for tissues. The group, comprised of old friends and relative strangers, sings to him and shows verbal and physical support until he regains composure and finds the positive side of his story.

“That’s when I found Friends for Life,” he says. “I was meeting people who were positive like I was. And then I wasn’t afraid anymore. Now I’ve got housing, a car, a bank account. Now I’m able to sleep good.”

Blanchard has also collected some positive stories from people who’ve worked with the Friends for Life organization. “Do you know how they got their building [at 43 Cleveland],” she asks, in a tone more mysterious-sounding than an ordinary property transfer might warrant. “Two men owned that building. And one of the owners [Ronney Snell] was driving down Cleveland one day when he saw an old feeble man carrying two heavy bags and really struggling with them. So, even though it wasn’t something he might normally do, [Snell] stopped and offered the old man a ride. And as they drove, the old man told the driver his story about having AIDS, how he got it, and how he didn’t expect to live much longer. The next day, [Snell] called Friends for Life. ‘We’re donating a building and parking lot,’ he said. ‘I want to know I’ve done something to help.’

“What do you think about that?” Blanchard asks, demonstrating her skills as a master storyteller. “Can you believe they’ve never known the name of the passenger the man picked up that day?”

HIV and AIDS may not generate the headlines they once did, but the plague continues to rage in disenfranchised communities, and there is no shortage of stories to tell. Blanchard continues in her mission to give a voice to the voiceless, tempering the saddest stories imaginable with just enough hope to keep things bearable.

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Memphis Gaydar News

Big Gay Valentine’s Day Getaway

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After the Hallmark cards and boxes of chocolate have been exchanged, couples looking for something a little deeper will have a chance to get away this weekend for a Weekend Gay and Lesbian Couples Retreat.

Held at the Nelson Woods Retreat Center in Millington from February 15th through the 17th, the event will be led by Elaine Blanchard, the city’s resident “master storyteller” and spiritual retreat leader. There will also be workshops on breathing, stretching, and relaxation techniques led by Leah Nichols of Evergreen Yoga.

For more information, email Elaine.