Bananas

Irish Democracy

I've seen a lot of discussion about the perspective of this photo. Regardless of angle or telephoto or distance; there were a lot of people out on the beach Saturday. In Virginia the Governor said we were only allowed to be on the beach to fish or get exercise. No swimming, no sitting, no sunbathing, no surfing. I think that's the takeaway from the picture. These people looked at the situation and told Richmond to "pack sand".  We will be responsible for ourselves.

It will be interesting to see what Northam's reaction will be during his press conference today. Does he chastise people like he did earlier last month or does he not acknowledge that it happened? Stay tuned.

Letter to the Virginia Press

I have been very impressed with the Coronavirus in One State series written by Powerline’s Scott Johnson. It has made me search for the same diligence in the Virginia press. Unfortunately, I haven’t found it. I finally ended up writing two of the reporters at The Daily Press/Virginian Pilot (they are both owned by the same company) asking them about it. Here’s what I wrote;

Dear [Reporters],

I am writing you since you are listed on the byline for the last two reports in The Daily Press covering reported COVID19 deaths in the Commonwealth. I am concerned with a lack of granularity in the information that’s being reported. We have the number of deaths. Twelve reported today and 15 yesterday. What I haven’t seen reported is the demographics of who is dying. We don’t know if those who have died are terminally ill patients or 20-year-olds struck down in their prime. Below is an excerpt from a report today by Scott Johnson of Powerline. He’s been covering the response in Minnesota.

“[Minnesota] reported 20 new deaths that they attributed to the virus, bringing the total to 578. Sixteen of the 20 new deaths occurred among residents of long-term care facilities [LTC], bringing the total of LTC deaths attributed to the virus to 464 and keeping the share of all such deaths at slightly in excess of 80 percent. The median age of all decedents remains 83.

“The state authorities do not regularly update us on the share of deaths attributable to residents of long-term facilities and those with significant underlying conditions. When asked recently, Infectious Diseases Division Director Kris Ehresmann provided the answer to two decimal places: 99.24 percent…” https://www.powerlineblog.com/archives/2020/05/coronavirus-in-one-state-36.php

This is the level of detail that I wish we had in Virginia.

1. How many of the new deaths occurred in LTC facilities? 
2. The median age of those who have died.
3. Deaths attributable to LTC residents and those with significant underlying conditions.

I went on the Virginia Department of Health website today and tried to get those three numbers. The best that I can do is find the number of deaths associated with outbreaks in LTC. I have to assume that all the LTC deaths occurred in an outbreak. If so, then 57% of all deaths occurred in LTC (503 out of 880). I cannot determine median age. The VDH only breaks the ages down by decades. Using that information, it comes out to 75% of all deaths occurred in those 70 and older.

The third statistic is not available at all. Last week, I emailed the VDH and asked about it. Lauren Yerkes told me that they do not have information on underlying conditions. Why don’t they have that information? I feel that it is vital for that to be reported. 

We are currently experiencing an economic shutdown mandated by Richmond. We are under a stay at home order until early June. We need to know the full picture of whom this virus is the greatest threat. We need to hear Richmond justify exactly why this is necessary. We need more than just vague apocalyptic predictions used to scare us into complying. We need the press to ask the uncomfortable questions to our elected leaders who are imposing these restrictions.

Thank you for your time.

Sincerely,

Letter to My State Senator

 I decided to write a letter to my state senator and delegate.  I mailed it yesterday so obviously, no reply has been received.  If I do get a reply, I'll be sure to post it.

Dear Senator,

I am writing to you about my concerns on the emergency powers given to the Governor of Virginia as spelled out in §44-146.7 of the Code of Virginia.  While I recognize the need for emergency powers, I feel that there needs to be a check on them.  Some would argue that the courts are that check.  Historically, they have been loath to intervene during an emergency.  That may be a pragmatic attitude when the stated emergency is of a short duration and limited to a small geographic area. That is not the case now.  We have an unprecedented emergency order that all but shuts down the economic activity across the Commonwealth. 

I have read the code section cited by the Governor.  My intention was to try and find the limiting principles in the law.  I did not see any.  I was shocked to see that there is no time limit set for an emergency declaration.  I was also dismayed to see that the General Assembly has no role.  This is a terrible combination: 

1. A law that gives the governor broadly defined powers with no time limit. 
2. A legislature cut out of the process beyond simply being notified. 
3. A judiciary that can only act when petitioned by a legal filing.

It is clear that the General Assembly will need to confront the unprecedented exercise and growth of executive authority as defined in the Emergency Services and Disaster Law.  I respectfully would like to submit to you that a time limit be placed on all emergency declarations.  If the Governor wishes to extend the order, he must take it to the General Assembly for approval by a super-majority.  A super-majority may seem like a high bar but if the emergency is such that an extension is crucial, then it is a reasonable standard.  It would also give a higher chance of being a bipartisan agreement.

Thank you for your time and attention to this matter.   This is a crucial debate about future emergency responses, civil liberties, the general power of government, and checks on that power.  I would like to hear your thoughts on this issue.

UPDATE: I did receive a reply.