Thursday, April 5, 2012

Kentucky Equality Federation files FCC complaint against Clear Channel Radio; host compared the LGBTI community to the KKK

Kentucky Equality Federation's Board of Directors yesterday overrode a decision by management to decline filing a U.S. Federal Communications Commission (FCC) complaint against Clear Channel Radio, specifically, WLAP 630's host, Leland Conway, for comparing the Commonwealth's entire gay and lesbian community to the Ku Klux Klan (KKK).

On March 26, 2012, Leland Conway, spoke in favor of permitting Hands On Original to refuse service to another organization which hosts the Lexington Pride Festival, comparing the entire LGBTI community of Kentucky to a hate group, and not just any group, a group responsible for cross burnings, beatings, Black community suppression, intimidation, and terrorism. (previous press release)

On March 29th, Joshua Koch, Vice President of Policy & Public Relations a member of the Office of the President issued the following statement: "Instead of apologizing, Conway announced an impending resignation from WLAP to begin working for another station in the Commonwealth of Virginia. Due to the changed nature of the situation and considering the surprise announcement, Kentucky Equality Federation will no longer pursue an FCC complaint, at this time. We take offense when spokespersons use drastic and needlessly hateful language to objectify an entire civil rights movement, and we hope this shift in programming will lead to a more civil media presence in Lexington."

Kentucky Equality Federation Central Kentucky Regional Director Jeff Johnson reiterated that Kentucky Equality Federation has no intention of getting involved in a dispute between the Gay and Lesbian Services Organization (GLSO) and Hands On Original. A complaint was filed and is best decided by the Lexington Human Rights Commission of any legal wrongdoing. The LGBTI community will however remember the decision of Hands On Original ownership whether or not they are found to be in violation of a local city ordinance.

At Kentucky Equality Federation the six (6) member Board of Directors is an independent supervisory Board. (view in .pdf) or (view in .xps) The President is an ex-officio member of the Board but may only vote to break a tie. Both Republicans, Democrats, and Independents voted unanimously to order the Office of the President to file a complaint.

The complaint was filed today electronically in accordance with the U.S. Paperwork Reduction Act:

Acknowledgement of Submission from Kentucky Equality Federation on 04/05/2012, Reference Number: 12-C00387121.  FCC Submission Confirmation: 2000E

Kentucky Equality Federation President Jordan Palmer stated:  "The Office of the President will enforce and follow Board policy, resolutions, and administrative regulations regardless of personal feelings, that is our job as officers of the corporation as well as volunteers. The LGBTI community is not a hate group, we never have been and any comparison is unacceptable. However, after Conway announced his departure, management decided to drop the issue because our resources are spread to the limit with multiple hate crimes, multiple school bullying complaints in which the Principal did not follow Kentucky law and report the bullying to the County Attorney, and over a dozen discrimination complaints in employment around the Commonwealth. However, we will proceed as ordered and redistribute resources accordingly."

The Board of Directors deferred to an original internal statement from the Office of the President by Vice President Joshua Koch to proceed:

Clear Channel Radio is the corporate operator of the Lexington cluster of stations in question. Under normal circumstance, an individual is entitled to free speech and assembly. However, there are limits to this. For instance, slander, libel, and incitement to violence cross the line. How much more so on a radio station? While the LGBTI community cannot be slandered, in the legal sense, due to its size, comparing the community as a whole to a hate group such as the KKK is decidedly not "in the public interest," the terms of the broadcast license. At Kentucky Equality Federation we are obligated, for the community, to respond.

Such terms are loaded with implicit connotation and cultural coding. Whether or not this is "inflammatory" entertainment or not, it denigrates a vast swath of innocent people that Kentucky Equality Federation defends.

This is demagoguery, but it is worse than simply overstating a case to the court of public opinion. This was done under the cover of an analogy, but there is no excuse for this behavior.

This is the purposeful use of a monopolized radio market, supposedly administered in the public interest, for the targeting and smearing of an entire community. Such outlandish behavior will not be tolerated.

Kentucky Equality Federation Vice President of Policy & Public Relations Joshua Koch stated: "As part of the Office of the President I respect and support President Jordan Palmer as well as our Board of Directors and we will proceed as ordered.

The comparison WLAP 630's host, Leland Conway made was well-couched, but he knew what was being done. He even stopped before he said it and qualified it as an extreme instance, and then proceeded to go ahead and say it anyway. It was a comparison, cut and dry, and he knew what he was doing, otherwise he wouldn't have qualified it."

Palmer continued:  "Even if the FCC rules that Conway's comparison was free speech, we still took at stand for our community. In some States (including foreign nation-states), such a comparison could have caused a riot."

Tuesday, March 27, 2012

Kentucky Equality Federation condemns Clear Channel Radio; apologize to the gay community for comparing them to the KKK

STATEMENT
OFFICE OF THE PRESIDENT


Jordan Palmer, President
Joshua Koch, Vice President of Policy & Public Relations

Statement by Vice President Joshua Koch for the Office of the President:

Kentucky Equality Federation condemns the actions WLAP 630 AM's afternoon host, Leland Conway, and of Clear Channel Radio, the owner of WLAP. The issue between the Gay and Lesbian Services Organization (GLSO) of Lexington and Hands On Original has been made more volatile, leading to additional public outrage on both sides as a direct result of the actions of Conway.

Kentucky Equality Federation has no intention is getting involved in a dispute between the GLSO and Hands On Original. A complaint has been filed, and is best decided by the Lexington-Fayette Urban County Human Rights Commission of any legal wrongdoing. The LGBTI community will however remember the decision of Hands On Original ownership whether or not they are found to be in violation of a city ordinance.

However, Conway obviously felt compelled to defend a business interest of the radio station and by doing so, added additional fuel to the fire. Conway attacked the Commonwealth's entire gay, lesbian, bisexual, transgender, and intersex (LGBTI) community today when comparing them to the KKK.

What was surprising and offensive was the comparison Conway made between GLSO and the KKK, which inaugurated a series of enraged callers saying specious and hateful things against the LGBTI community.

Attacking the Commonwealth's entire LGBTI community is abaolutely unacceptable by having the audacity to compare the LGBTI community to the KKK. The LGBTI community is not a hate group. No group, other than a hate group, can be compared to the KKK without malicious intent being assumed on the host's part. This is demagoguery, but it is worse than simply overstating a case to the court of public opinion. This was done under the cover of an analogy, but there is no excuse for this behavior.

This is the purposeful use of a monopolized radio market, supposedly administered in the public interest, for the targeting and smearing of an entire community. Such outlandish behavior will not be tolerated. We demand that WLAP, Clear Channel Radio, and Leland Conway issue a public apology to the entire LGBTI community for the comparison. If no public apology has been issued by 5 p.m. on Thursday, March 29th, we will issue a formal complaint to the FCC and other interested officials.

Wednesday, March 14, 2012

U.S. Department of Justice responds to Kentucky Equality Federation's request for help with four (4) arrests in a Harlan County Hate Crime

The FBI, along with the Kentucky State Police has arrested the people involved in the Kevin Pennington hate crime. Kentucky Equality Federation requested federal involvement in the Pennington case in September 2011 and met with Commonwealth and United States officials in November 2011 (related to the federal legislation).

This is the first time individuals have been arrested in the Commonwealth of Kentucky under the new federal hate crimes law.

The other Harlan County hate crime, involving a lesbian couple, Misty Turner is scheduled for Harlan District Court today. (previous story)

Kentucky Equality Federation remains the advocate for the Pennington and Turner families. Neither the Pennington nor the Turner family will make any public statements.

Kentucky Equality Federation extends its gratitude to Deputy Chief Bobbi Bernstein with the U.S. Department of Justice, Walter Atkinson with the U.S. Department of Justice, and the United States Attorney for the Eastern District of Kentucky, Kerry Harvey.

"United States Attorney Kerry Harvey has shown enormous outreach and support of the federal hate crimes legislation," stated Kentucky Equality Federation President Jordan Palmer.

Palmer continued: "In a civil society we must live together in peace and harmony. We cannot allow citizens to be targeted because they are gay, lesbian, bisexual, transgender, Latino, or any other manner you can separate and label a person. We are all much more than the sum of the labels placed on us by hate groups and prejudice people. Kentucky Equality Federation will continue to fight and educate the public about hate crimes, school bullying, and use every political and social measure necessary to leave future generations with a legacy of freedom of expression, including their sexual orientation and gender identity.

My community wants exactly what every other citizen wants, equality under law and to love and protect our families. My community does not seek the approval of hate groups or intolerant people, only the acceptance that we have the same right to the pursuit of happiness.

By any measure, this case being federalized is a major victory for Kentucky's LGBTI community, but the price for this victory was too high, Kevin Pennington has been devastated by the these events, simply because of his sexual orientation. United States Attorney Kerry Harvey and the Federal Bureau of Investigation have just sent a message to everyone, hate crimes will not be tolerated, and we thank everyone involved for listening to our request for federal assistance."

Kentucky Equality Federation believes United Nations Secretary-General Ban Ki-moon sums it up best:

"Let me mention one form of discrimination that has been ignored or even sanctioned by many States for far too long, discrimination based on sexual orientation or gender identity. This has prompted some governments to treat people as second-class citizens, or even criminals. The responsibilities of the United Nations and the obligations of States are clear. No-one, regardless of their sexual orientation or gender identity, should be subjected to torture or to cruel, inhuman or degrading treatment. No-one should be prosecuted for their ideas or beliefs. No-one should be punished for exercising their right to freedom of expression. Confronting this discrimination is a challenge. But we must live up to the ideals of the Universal Declaration [of Human Rights]."

U.S. Department of Justice responds to Kentucky Equality Federation's request for help with four (4) arrests in a Harlan County Hate Crime

The FBI, along with the Kentucky State Police has arrested the people involved in the Kevin Pennington hate crime. Kentucky Equality Federation requested federal involvement in the Pennington case in September 2011 and met with Commonwealth and United States officials in November 2011 (related to the new federal legislation).

This is the first time individuals have been arrested in the Commonwealth of Kentucky under the new federal hate crimes law.

The other Harlan County hate crime, involving a lesbian couple, Misty Turner is scheduled for Harlan District Court today. (previous story)

Kentucky Equality Federation remains the advocate for the Pennington and Turner families. Neither the Pennington nor the Turner family will make any public statements.

Kentucky Equality Federation extends its gratitude to Deputy Chief Bobbi Bernstein with the U.S. Department of Justice, Walter Atkinson with the U.S. Department of Justice, and the United States Attorney for the Eastern District of Kentucky, Kerry Harvey.

"United States Attorney Kerry Harvey has shown enormous outreach and support of the federal hate crimes legislation," stated Kentucky Equality Federation President Jordan Palmer.

Palmer continued: "In a civil society we must live together in peace and harmony. We cannot allow citizens to be targeted because they are gay, lesbian, bisexual, transgender, Latino, or any other manner you can separate and label a person. We are all much more than the sum of the labels placed on us by hate groups and prejudice people. Kentucky Equality Federation will continue to fight and educate the public about hate crimes, school bullying, and use every political and social measure necessary to leave future generations with a legacy of freedom of expression, including their sexual orientation and gender identity.

My community wants exactly what every other citizen wants, equality under law and to love and protect our families. My community does not seek the approval of hate groups or intolerant people, only the acceptance that we have the same right to the pursuit of happiness.

By any measure, this case being federalized is a major victory for Kentucky's LGBTI community, but the price for this victory was too high, Kevin Pennington has been devastated by the these events, simply because of his sexual orientation. United States Attorney Kerry Harvey and the Federal Bureau of Investigation have just sent a message to everyone, hate crimes will not be tolerated, and we thank everyone involved for listening to our request for federal assistance."

Kentucky Equality Federation believes United Nations Secretary-General Ban Ki-moon sums it up best:

"Let me mention one form of discrimination that has been ignored or even sanctioned by many States for far too long, discrimination based on sexual orientation or gender identity. This has prompted some governments to treat people as second-class citizens, or even criminals. The responsibilities of the United Nations and the obligations of States are clear. No-one, regardless of their sexual orientation or gender identity, should be subjected to torture or to cruel, inhuman or degrading treatment. No-one should be prosecuted for their ideas or beliefs. No-one should be punished for exercising their right to freedom of expression. Confronting this discrimination is a challenge. But we must live up to the ideals of the Universal Declaration [of Human Rights]."

Thursday, March 8, 2012

Kentucky Equality Federation warns three (3) Kentucky schools about school bullying

Kentucky Equality Federation yesterday warned Red Bird Mission School, Clay County Schools, and Grayson County Schools that immediate action must be taken to bring themselves into compliance with Kentucky school-bullying laws.

- Clay County Schools Warning
- Grayson County Schools Warning
- Red Bird Mission School Warning

The warnings went out by email and copies faxed today to each school.  So far, the Superintendent of Grayson County Schools has responded to Kentucky Equality Federation, opening dialogue by email with Kentucky Equality Federation's School Bullying Committee.

"Kentucky Equality Federation has received multiple reports from each school," said Kentucky Equality Federation President Jordan Palmer. "The problem is the lack of enforcement and an lack of understanding of existing Kentucky school bullying laws. From Principals and Guidance Counselors to Teachers, they are not aware of the Commonwealth's existing school bullying laws, which was confirmed today after speaking to multiple parents and a County Attorney."

Palmer continued:  "We have reports that some children have attempted suicide: School officials have contacted parents stating they found razor marks on a teenager's arm. Another was preparing to take a lethal dose of acetaminophen, along with other deliberate self injuries. These students are being offensively labeled as fat, fa--ot, grease monkey, wetback, sl-t, and ni--er just to name a few. As if this hate speech wasn't enough, some victims are also being pushed into lockers, held against their will in restrooms, and tripped down stairs. The situation has gotten out of control, and, if these school authorities will not protect their students, we will seek legal protection for them. That this goes on unchallenged by authority figures is completely unacceptable and will not be tolerated any further."

The National Bully Police gives the Commonwealth's anti-bullying laws an A++ Rating. House Bill 91 was proposed in 2008 and passed by the Kentucky House of Representatives. The Senate passed it, and it was signed into law by The Honorable Steve Beshear, governor of the commonwealth, on April 15, 2008. The law is commonly referred to as “The Golden Rule Act.”

“The Commonwealth has apparently made no effort to educate or enforce KRS Chapter 508, KRS 158.444, KRS 158.148, KRS 525.070, or KRS 525.080," Palmer said. "One Guidance Counselor stated she had never even heard of these laws, when they were pointed out to her by Kentucky Equality Federation.”

“It does absolutely no good to pass new legislation when existing legislation isn’t being enforced or education officials have no knowledge of the law,” stated Kentucky Equality Federation Vice President of Policy & Public Relations, Joshua Koch. “How can someone be certified as a ‘Guidance Counselor’ and have no knowledge of the law? Why is the principal of the school, the chief administrator, allowing their subordinates to remain ignorant of new laws? Kentucky Equality Federation is not simply an equality organization, we also seek to enhance the lives of all children and fight school bullying. We regret that it has fallen to us to keep these school systems informed of new education laws, as this shows a systemic flaw in Kentucky's education community.”

Palmer stated that each school had until March 30th to comply with the following:

  • Allow Kentucky Equality Federation officials to discuss school bullying with the entire student body of each school. Combating school bullying is one of Kentucky Equality Federation's principal goals in its mission statement.
  • Implement a school bullying reporting policy.
  • Educate all school officials on Kentucky school bullying laws.
  • Begin immediate enforcement of Kentucky school bullying laws.

Kentucky Equality Federation will sue on behalf of the bullied in any school that does not work with us on these issues.