Bathroom panic in Vermont

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Seems to be a little confusion down Chester way. Officials at Green Mountain Union High School have barred a transgender student from using boys’ restrooms. In response, a couple dozen students staged a protest on Monday. WCAX:

Recently a transgender student, who identifies as a boy, was told he could no longer use the boy’s bathrooms at the school.  A complaint from a fellow student prompted the school’s decision.

… As the protest unfolded outside, school officials claim they have been ahead of the issue of supporting students’ rights, including the LGBT community. The school has six gender neutral bathrooms. The trans student was told to use one of them.

Yeah, kid, go use the Weirdo Bathroom. That won’t create a stigma.

On its face, this would seem to violate the legal principle that “separate but equal” isn’t the same as “equal.”

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Good Ol’ Norm: The gift that keeps on giving

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The news arrived on Friday and got buried under the end-of-session avalanche: State Senator-In-Waiting Norm McAllister will face two separate trials on multiple sex-crime charges. Trial was slated to begin today, but the first of the two proceedings has been postponed until June 15. That’s the one regarding McAllister’s former “assistant,” which will feature testimony from McAllister’s legislative colleagues. That’ll be a real get-your-popcorn moment. (The second trial has yet to be scheduled.)

But that wasn’t the most interesting point.

No, the most interesting point is that McAllister is actively mulling a run for re-election. He told Seven Days’ Terri Hallenbeck, “I probably will file anyway. I can always change my mind and decide not to run later.”

No surprise to me. I’ve been saying all along that there’s nothing to stop McAllister from seeking re-election. Indeed, there’s nothing in state law to bar him from returning to the Senate if he wins in November — even if he’s convicted and facing prison time. The Senate does have authority to determine if someone is fit to join their august body, and it wouldn’t be hard to exclude him — if, indeed, he is convicted. If he’s acquitted, on the other hand, the Senate would be hard-pressed to banish him. He’d make everyone horribly uncomfortable, but that doesn’t constitute grounds for exclusion.

In Other News, the Republican Slimy Lies Committee — er, sorry, Republican State Leadership Committee — is back with a despicable ad targeting legislative Democrats.

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Yes, Virginia, the rich are different

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Poor Little Rich Man.

Poor Little Rich Man.

Break out the tiny violins. Hold an onion under your eyes and squeeze out a few tears for Ariel Quiros, alleged EB-5 fraudster. His assets have been frozen by a federal court, and he’s having trouble making ends meet. Probably eating cat food for dinner and shacking up under a freeway bridge.

He’s claiming poverty in a court filing discovered by VTDigger’s Anne Galloway. But it’s a very special definition of “poverty” that could only come from a man accustomed to great wealth.

Quiros claims he needs $100,000 a month for “so-called reasonable living expenses.” In addition, Quiros is seeking $300,000 [a month] for professional expenses related to his court case.

Yeah, a hundred G’s just doesn’t go very far these days. I wonder if he qualifies for food stamps.

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A bad session for Shumlin, but all was not lost

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The media postmortems on Legislature ’16 are rolling in, and they’re not kind to Governor Shumlin.

The Burlington Free Press’ Sunday front page has a big ol’ photo of the Guv looking nonplussed, the bright lights showcasing the furrows on his brow, with a headline reading “BIG REQUESTS FALL SHORT.” The story emphasizes his pushes for legalized marijuana and divestment from some fossil fuel stocks, which both fell short.

Over at VTDigger, the headline slyly referred to Shumlin’s legislative accomplishments as “nothing burgers,” a phrase destined for his headstone. The story, by ol’ buddy Mark Johnson, was just shy of devastating.

While the governor touted numerous accomplishments in his final late-night adjournment address — and some lawmakers did too — many who serve in the Legislature saw something different this session: a once powerful chief executive weakened by a close election, who lost support on the left when he dropped plans for a single-payer health care system, was hurt by ongoing problems with the health care exchange and then saw any remaining leverage dissipate when he announced last year that he would not seek re-election.

Indeed, Shumlin’s 2016 agenda was largely jettisoned by lawmakers. But there is another way to look at the just-concluded session. It accomplished quite a few things that went almost unnoticed in Vermont, but would have been big news almost anywhere else.

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House conferees close the gambling back door

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Sen. Kevin Mullin’s attempts to sneak pro-gambling language into a pair of unrelated bills has failed, thanks to the efforts of House conferees.

Mullin craps out.

Mullin craps out.

I first wrote about this last week; the day before yesterday, another Vermont media source finally decided to pursue the story. VPR’s Bob Kinzel had more detail than I did — although he focused on one of Mullin’s maneuvers and missed the other. Still, if you want more information, do read his piece.

To recap, Mullin slipped language into a consumer protection bill that laid out consumer protections for daily fantasy sports — an activity deemed by Eternal General Bill Sorrell to be illegal. Which seems contradictory: why regulate an illegal industry? (That’s the one Kinzel missed.) And into the big budget bill, he inserted language that would have allowed the Lottery Commission more leeway in placing electronic gaming machines in bars and restaurants — possibly including Keno and video poker.

The part I failed to catch was that the current gaming-machine pilot program is set to expire this summer. Mullin’s amendment would have removed the sunset and broadened the definition of acceptable machines. His amendment had the support of Lottery Director Greg Smith, who is under pressure to grow revenues.

Which, given the current EB-5 scandal, is kind of ironic. A central problem with EB-5 was that a single agency was tasked with regulating AND promoting the same activity. And here’s the Lottery Commission, regulating AND promoting the same activity. Conflict of interest, anyone?

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Welp, the mouse died.

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Earlier this week, I wrote a post about the marijuana debate entitled “They labored mightily and brought forth a mouse.”

Turned out I was overly optimistic, because the mouse didn’t make it.

No legalization. No grow-your-own. And as for the House’s idea of a study commission (thx to Seven Days’ Terri Hallenbeck, who never would’ve gotten this into the Free Press):

“Fuck the commission,” a frustrated Senate Judiciary Committee chair Dick Sears (D-Bennington) said after his effort to create a public advisory vote failed. “The commission was unnecessary.”

Agreed. Especially since the commission would have apparently been funded with money diverted from opioid treatment. Sheesh.

The only good thing about this: the House’s brilliant idea of a new saliva test for buzzed driving also failed. That’s the test with no clear scientific basis, according to a state-sponsored study.

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Phil Scott finds his beau ideal

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Huh boy.

Vermont’s Prince In Waiting, Phil Scott, has revealed his choice for President. And it nicely encapsulates my cynical vision of his prospective governorship. VTDigger’s Mark Johnson:

Scott, who declared he would not vote for Trump, revealed later Thursday he has decided to write in former Republican Gov. Jim Douglas as his presidential choice in the November election.

“He’d make a great president,” Scott said about the four-term governor.

Ah. Jim Douglas. How… predictable.

Men of good will may disagree about the qualities of the former four-term governor. But it takes an awfully limited definition of greatness to see him as potentially a “great president.”

If you disagree, please tell me: Jim Douglas was governor for eight years. What is his legacy? His signature accomplishments? Where did he leave his stamp?

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Dept. of Unwarranted Hubris, EB-5 Division

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I don’t know what it would take for Patricia Moulton to realize that the jig is up, that business as usual in the EB-5 program simply won’t cut it anymore. But clearly, a major scandal isn’t enough.

The chief of the Agency of Commerce and Community Development put in an eppearance Tuesday before the Senate Finance Committee, where she steadfastly refused to acknowledge that there was anything wrong with Vermont’s EB-5 program. According to VTDigger, one lawmaker characterized her testimony as “unrepentant.” And Sen. Kevin Mullin, not exactly an outside-the-box thinker, said Moulton “kind of scared me today because she was so much of a cheerleader.”

Okay, let’s look at the record. Moulton, following in the footsteps of her predecessor Lawrence Miller and his predecessors in the Douglas Administration, allowed horribly lax oversight of EB-5 projects, thus enabling the (cough, allegedly) fraudulent Jay Peak scheme to proceed for most of a decade. The last two people in charge of overseeing EB-5 left the agency to take jobs with EB-5 developers. The Shumlin administration, belatedly, realized that ACCD was failing to do the job and transferred regulatory oversight to the Department of Financial Regulation.

After all that, the feds raid Jay Peak, haul off the records and computers and change the locks, and issue a massive indictment of Bill Stenger, Ariel Quiros and company, which is a tacit indictment of Vermont’s dereliction of duty.

And now comes Patricia Moulton saying “as secretary of ACCD, my job, absolutely, is to be a cheerleader for the [EB-5] regional center.”

Amazing. How tone-deaf can you be?

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Profiles in Porridge

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This week has turned into a festival of schadenfreude for liberals, as we watch Republicans of all stripes coming to grips with their putative nominee, Donald Trump. The reactions can be broken down into three categories, none terribly edifying.

— Resignation and acceptance. Many Republicans and conservative commentators who staunchly opposed The Donald are now busily explaining why he’s really not that bad.

Some of these people can’t bear to utter the man’s name; they simply say they will support “the Republican nominee,” whoever that is.

— Phony re-evaluation. These folks, like the insufferable Joe Scarborough, say they will decide based on how The Donald comports himself from now on. As if he didn’t have a lifelong record of being a self-entitled woman-hating narcissist, and a year-long record of conduct unbecoming a major-party nominee.

— Denial. Some insist they will never vote for The Donald, although most refuse to say what they might do instead. A few are opting for Hillary Clinton, but most are temporizing. Which begs the question, is Clinton really worse than Donald Trump by any rational metric?

Here in Vermont, we have one gubernatorial candidate (Bruce Lisman) in category two, and one (Phil Scott) in category three.

Not that Republicans have any good options, but neither man is covering himself in glory.

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Shoot the Messenger

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As its final months drag onward, the Shumlin administration is remaining true to one of its core principles: Shoot the messenger. We have two prime examples of this time-tested strategery today: a top state official slams a respected media outlet, a move that has backfired big-time in the past; and the administration puts a big fat price tag on transparency.

First, Lawrence Miller, Vermont Health Connect czar, has beef with VTDigger.

[Miller] testified Wednesday in the House and challenged the veracity of a VTDigger story that said the state has been unhappy with its current Vermont Health Connect contractor and is negotiating with another company.

… [Miller said] that any frustration he expressed in emails was a normal part of negotiations.

Digger’s earlier story had quoted emails from a state official expressing dissatisfaction with VHC contractor Optum. Which would be noteworthy, since Optum was supposedly the savior of Vermont Health Connect. Miller pooh-poohed the story’s assertion, saying that a certain amount of “friction” is a normal part of the process.

Maybe that’s true, but here’s the problem. This is the same “Lawrence Miller” who was in charge of the Agency for Commerce and Community Development when it was happily attempting to both promote and regulate the ill-fated EB-5 program. He headed ACCD from 2011 to 2014, when he was tasked with cleaning up the Vermont Health Connect mess.

In other words, Miller has been hip-deep in two of the Shumlin administration’s signature disasters. Is it possible he negotiated Shumlin’s original land deal with jerry Dodge?

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