Huntsville Mayor Tommy Battle on Thursday said that police “allowed the protestors to express themselves” before the protesters were asked to leave and that they “were given every opportunity to peacefully leave” before “non-lethal irritants were used.”
Battle was referring to the use of tear gas and rubber bullets to disperse a crowd following an NAACP event protesting the death of George Floyd while in Minneapolis Police custody.
“Yesterday, our city saw two separate protest events,” Battle said. “The first was organized by the local chapter of the NAACP who worked with the City and Huntsville Police to organize a thoughtful event filled with hope and a call for justice. We gathered to mourn the tragedy that occurred in Minneapolis. We came together in supporting a First Amendment right to voice a call for change throughout our country. I saw families and small children. Students and seniors. Black and white. Our community has a shared mission – more must be done.”
Battle said what occurred after the NAACP event “was disheartening.”
“A second event occurred, structured by people who were not part of our community,” Battle suggested, referring to the end of a protest permit that expired at 6:30 p.m. “They gathered at the courthouse to block the square and protest. This was not part of a permitted event, and there were no local organizers in charge, which becomes a public safety issue. Even so, police allowed the protestors time to express themselves before asking everyone to leave. Most complied, but others did not. Police were clear in their instructions and worked with the remaining protestors for more than an hour before using non-lethal irritants. The protesters had every opportunity to peacefully leave and they chose otherwise. The leadership of this second group is not our community.”
The Huntsville Police cleared the field of protestors using tear gas and rubber bullets.
“It is a hard thing for us to see in Huntsville, but we’ve worked too hard to grow this city as a place of respect and opportunity,” Battle said. “Let us turn pain into purpose and do the hard work to create meaningful change. We won’t let people and organizations from outside our community turn us against each other. This is a time for us to unite, to protect the city we love and to move forward in a way that is more equitable and just.”
Some of the news media who witnessed the event said that the use of such an overwhelming police force was not justified and that there was no looting, rioting or violence by the protestors.
Alabama Attorney General Steve Marshall said he reviewed Wednesday’s actions by the Huntsville Police Department and the Madison County Sheriff’s Department and is satisfied that the authorities acted reasonably.
“I am well-satisfied that the actions taken by police were reasonable under the circumstances,” Marshall said in a statement. “The crowd was found to have backpacks full of weapons and spray paint, and which attacked officers with rocks and bottles full of frozen water.”
The events in Huntsville followed the events in Birmingham on May 31 where police were slow to respond after an organized peaceful protest was followed by an unscheduled street protest that turned into rioting, looting, burglarizing and committing acts of vandalism and violence.
Birmingham authorities were much more lenient there and hung back and things continued to deteriorate until it took a pitched battle and tear gas to break that up.
Birmingham Mayor Randall Woodfin declared a state of emergency and a weeklong dusk to dawn curfew for the entire city and Gov. Kay Ivey authorized the use of Alabama National Guard troops to prevent future riots.
Huntsville Police Chief Mark McMurray blamed outside anarchists for stirring up the local youths.
“The anarchists who came prepared and armed, they’re now going to another city to do the exact same thing,” the chief said. “They know how not to get arrested.”
Plaintiffs ask for panel of judges to reconsider ruling on Alabama voter ID law
Plaintiffs suing Alabama Secretary of State John Merrill alleging the state’s voter ID law discriminates against minorities on Monday asked a panel of judges to reconsider an appeals court decision that affirmed the law.
The NAACP Legal Defense and Educational Fund on Monday filed a petition Monday asking that all of the judges on the Eleventh Circuit Court of Appeals reconsider the July 21 decision by a panel of three judges that fell 2-1 in favor of the state’s voter ID law.
The 2011 law requires voters in Alabama to show a valid, government-issued photo ID to vote. The NAACP, Greater Birmingham Ministries and several minority voters sued, arguing that lawmakers knowingly crafted the law to prevent Black people and other minorities, who are less likely to have such photo IDs, from voting.
The three-judge panel of the 11th Circuit Court of Appeals in its July 21 opinion found that the burden of Alabama’s voter ID law is minimal, and does not“violate the Fourteenth and Fifteenth Amendments of the Constitution, nor does it violate the Voting Rights Act.”
Merrill has argued that the state’s voter ID law is meant to deter in-person voting fraud and that the state makes available mobile photo ID units able to provide voters with the necessary IDs.
District Judge Darrin Gayles in his dissenting opinion wrote that voter fraud in Alabama is rare, and that “while there have been some limited cases of absentee voter fraud, in-person voter fraud is virtually non-existent.”
Gayles wrote that Merrill presented evidence of just two instances of in-person voter fraud in Alabama’s history.
“Despite the lack of in-person voter fraud, Secretary Merrill claims Alabama enacted the Photo ID Law to combat voter fraud and to restore confidence in elections — a dubious position in light of the facts,” Gayles wrote.
Gayles noted that former State Sen. Larry Dixon, R-Montgomery, before his retirement in 2010, sponsored similar voter ID bills.
“During this time, Senator Dixon made repeated comments linking photo identification legislation to race, including ‘the fact you don’t have to show an ID is very beneficial to the Black power structure and the rest of the Democrats’ and that voting without photo identification ‘benefits Black elected leaders, and that’s why they’re opposed to it,'” Gayles wrote in his dissenting opinion.
“It is clear from the statements of the legislators who enacted Alabama’s photo ID law that they passed it for the unconstitutional purpose of discriminating against voters of color,” said LDF senior counsel Natasha Merle in a statement Monday. “As long as this law is intact, Black and Latinx Alabamians will continue to be disproportionately excluded from the state’s electoral process.”
Attorneys in the filing Monday told the court that “roughly 118,000 Alabamians lack qualifying photo ID, and Black and Latinx voters are twice as likely to lack qualifying ID as compared to white voters. Given this evidence, a trial was required to determine whether HB19 violates the Fourteenth and Fifteenth Amendments.”
AARP Alabama asks for details on $50 million federal COVID-19 aid to nursing homes
The Alabama chapter of AARP is asking the state to ensure federal coronavirus relief funds are spent wisely and in the open. Gov. Kay Ivey on Friday announced $50 million in grants would go to state nursing homes to aid in the fight against COVID-19.
Candi Williams, AARP’s Alabama state director, told APR on Monday that the organization, which advocates for the elderly, wants a better understanding of how that money will be spent and to ensure some is spent for ongoing COVID-19 testing.
A spokesman for the Alabama Nursing Home Association says details on how the money can be spent is already publicly available, however, and Ivey in early June announced the award of $18.27 million in federal CARES Act funds to be spent toward regular nursing home COVID-19 testing.
“What we’re looking for is specifics on how it will be used, and we want those specifics to be made publicly available,” Williams said.
Ivey on Friday said the money is to be administered by the Alabama Nursing Home Association Education Foundation. The Alabama Hospital Association is to administer up to $50 million in grants to state hospitals through another program.
“This allocation of up to $50 million will be for operational costs that are COVID-19 related, such as PPE, cleaning, personnel costs and other costs incurred related to the pandemic,” Ivey’s office said in a press release Friday.
“In partnership with the state of Alabama, the Alabama Nursing Home Association Education Foundation will administer the funds fairly and impartially on behalf of the people of Alabama, for all of Alabama’s nursing home facilities,” the statement goes on to say.
Williams said the public deserves to know how the federal funds will be used, and said Ivey’s office hasn’t yet signaled whether those details will be made public.
Ivey’s office, through a spokeswoman, declined to comment, and referred a reporter to the Alabama Nursing Home Association.
John Matson, communications director for the Alabama Nursing Home Association, told APR that AARP Alabama need only read the memorandum of understanding published along with Ivey’s announcement about the grants on Friday to see how the money must be spent.
According to the memorandum, the Alabama Nursing Home Association Education Foundation can only disburse the funds to nursing homes “for the purposes of responding to or mitigating the COVID-19 public health emergency” and details what facilities must do to receive the money.
Among the requirements, nursing homes in their applications must provide supporting documentation, which can include invoices, purchase orders, payroll records and financial records, according to the memorandum. The foundation must also provide the Alabama Finance Director’s Office with a detailed report on the 15th of each month noting how the money was spent, according to the document.
“I think it would be helpful for them to read that,” Matson said, referring to AARP Alabama and the memorandum of understanding.
AARP Alabama is also asking that the money be used for ongoing and methodical testing of all residents and staff in the state’s long-term care facilities.
“We’ve seen across the country that testing can be hit or miss, and testing frequency can vary,” Williams said. “We’ve seen in other states where that has helped curb the loss of life and helps protect residents.”
Matson noted that Ivey in early June also announced a separate $18.27 million in federal CARES Act funds to be spent toward regular nursing home COVID-19 testing and “proactive surveillance” through the end of the calendar year, which is also being administered by the Alabama Nursing Home Association Education Foundation.
Alabama’s long-term care ombudsmen, who are tasked with protecting residents’ rights and investigating health and safety concerns, have been largely banned from entering Alabama’s long-term care facilities since early on in the pandemic when the facilities ended visitations to help prevent the spread of the virus.
Williams said AARP would also like to see the safe reentry of ombudsmen into state facilities and for those details to be included in a publicly-released plan.
“We also have been advocating for transparency and real-time data about the COVID cases and death in Alabama nursing homes and long-term care facilities. That continues to be a struggle,” Williams said.
The Centers for Medicare and Medicaid Services is collecting that state data, but it’s weeks old by the time it’s published on the federal agency’s website, Williams said.
“Having that information would help us protect the residents, staff and surrounding communities, but also making sure families have that information,” Williams said.
The Alabama Department of Public Health has declined to release county-level or facility-level details on coronavirus in long-term care facilities and nursing homes, citing privacy concerns. Many other states do release that information, however.
According to CMS, there have been 3,841 confirmed COVID-19 cases and 562 deaths among residents in Alabama nursing homes as of July 26. AARP Alabama said COVID-19 deaths of nursing home residents make up approximately 42 percent of the state’s total coronavirus deaths.
There may be one more red snapper weekend coming
The Alabama Department of Conservation and Natural Resources announced Thursday that their preliminary 2020 red snapper numbers show that Alabama fisherman may have not reached their quota on the pounds of red snapper taken this year. This opens the possibility that the state may add a fall opportunity to catch the fish, which is highly prized by saltwater anglers.
Scott Bannon, the director of the Alabama Marine Resources Division, said that the preliminary harvest numbers for the private recreational sector indicate about 100,000 pounds remain in the quota of 1,122,622 pounds.
The red snapper season for private recreational anglers, which includes state charter vessels, was supposed to have originally lasted 35 days, beginning the Friday of Memorial Day weekend; however, state regulators cut the season to just 25 days when they noticed an uptick in the number of boats on the water this year compared to previous years.
It now appears that the state did not reach quota.
Bannon said he and Commissioner of the Alabama Department of Conservation and Natural Resources Chris Blankenship are discussing options that would give Alabama anglers another option to catch Alabama’s most prized reef fish species.
“The private recreational angler season went really well even though we closed a little earlier than we anticipated,” Bannon said. “The data showed a tremendous number of people took advantage of the season, especially with the opening earlier on May 22.”
Bannon said that the MRD detected a significant uptick in angler participation this year when they analyzed the data.
“The average vessel trips for the season were 713 trips per day,” Bannon said. “That means a lot of people went fishing compared to the last two years, which had an average of about 530 vessel trips per day.”
Bannon believes that the coronavirus crisis was a major factor in more Alabamians going fishing this year.
“I think people took advantage to go snapper fishing when they could not participate in other activities,” Bannon said. “They could not get on cruise ships. They couldn’t go to Disney. People were not playing travel sports. Boating was considered a safe outdoor activity, so I do think the COVID-19 pandemic affected the snapper season. I think it prompted more people to go snapper fishing than we had in the past.”
Bannon said that they might have shortened the snapper season even further than they did without Tropical Storm Cristobal, which significantly limited fishing on the third weekend of snapper season.
“Even after the second weekend, I had people tell me about the high number of boats they were seeing offshore,” Bannon said. “They said there’s no way we’re going to make it to July 19. My thoughts were that as the season progresses the fervor dies down in July, and fishing gets a little tougher. Again, with not having other activities available, the weather outside that Cristobal weekend was really good and people went fishing.”
“The Cristobal weekend slowed down the catch effort,” Bannon explained. “You can also see the weekend days had much higher catch effort.”
The five Gulf states were granted control of red snapper management in 2018. Alabama added Mondays to the weekend to try to spread out the effort and provide more opportunities to fish.
“I think adding Mondays was a success,” Bannon said. “Some people felt that had a negative impact and reduced season length because of the Monday fishing. But if you add up all of the Monday effort, it is barely more than our peak Saturday. Mondays did exactly what we hoped it would do. It provided opportunities to avoid the Saturday chaos, allow people who work weekends an opportunity to go, and allow people who were on vacation who had to travel on Saturday to have an extra opportunity. And, if you were local, the feedback I got was they took advantage of Mondays instead of trying to fish on Saturdays when the effort was so high. They didn’t fish any more because it was open on Mondays; they just fished a different day.”
Red snapper season closed down after July 3.
“I know there was disappointment that we didn’t have red snapper for the Alabama Deep Sea Rodeo, being the nation’s largest fishing tournament,” Bannon said. “With all of the other challenges the rodeo had with the COVID-19 issues and all the events that were canceled, I think they had the best event they could under the circumstances.”
Alabama charter boat fleet still operates under federal management through NOAA Fisheries. The charter season opened on June 1 and ran straight through August 1.
“I think the charter season went really well, especially considering that, when the coronavirus first hit, a lot of people were canceling trips early in the year,” Bannon said. “As boating was considered a safe activity, many of the boats adjusted their capacity so people felt comfortable and safe. They lost the Cristobal weekend just like everyone else, but they got to fish pretty consistently for the 62 days they were open. From my discussions with the captains, they considered it a very good season considering the COVID circumstances. And I think they’ll have a good fall season as people still have limited outdoor activities. The charters will target other fish, like amberjack, which is scheduled to be open until October 31. They can also catch vermilion snapper (beeliners) and other reef fish species as well as king mackerel.”
Bannon said that he was encouraged by the variety of sizes of red snapper.
“We had a large number of smaller fish, which we attribute to a strong year-class of fish,” Bannon said. “Those younger fish will crowd those reefs. What you should see in the next year or two, those fish will be growing up around those reefs and then dispersing. We should be able to follow the year-class and see how it works out over the next few years.”
What state regulators will do to allow more fishing opportunities for red snapper, or even if there will be another red snapper weekend, has not yet been determined.
August is the month to renew your hunting and fishing licenses.
Alabama has an enormous variety of outdoor opportunities for hunters and fishermen. You can literally hunt and fish year-round in Alabama. Unlike youth sports or attending sporting events, concerts, movies, shows or shopping, the whole family can participate in both hunting and fishing while still socially distancing and protecting themselves from catching and spreading the coronavirus.
Alabama Legislative Black Caucus holds meetings on racism in wake of George Floyd death
Members of the Alabama Legislative Black Caucus in recent months have been meeting with Gov. Kay Ivey, state law enforcement officials and others to voice their concern over systemic racism in Alabama, the group said in a statement Friday.
Alabama Legislative Black Caucus members in June met with Ivey, and in follow-up meetings with other state officials and leaders of higher education, members discussed what they believe needs changing to battle racism in Alabama, according to the press release.
“We are very appreciative of Governor Ivey and all of the officials with whom we have met thus far,” said State Sen. Vivian Figures, D-Mobile, chairwoman of the ALBC, in a statement. “Our dialogues have been very substantive and productive as the Caucus presented our concerns and recommendations. Our goal is to get to the root of and eradicate racism and anything that communicates hatred, bigotry or divisiveness within the State of Alabama. The tragic and senseless death of George Floyd caused us all to take a closer look at the systemic racism at work here in Alabama.”
ALBC members met with officials from Alabama Law Enforcement Agency, the Alabama Sheriffs Association, the Alabama Association of Police Chiefs and Katie Britt, president and CEO of the Business Council of Alabama along with BCA’s Executive Leadership Committee.
Members also met with The University of Alabama System Chancellor Finis St. John, and Jay Gogue, president of Auburn University.
In the statement, ALBC members applauded the University of Alabama’s Board of Trustees for voting unanimously to rename Nott Hall — named for Josiah Nott, a doctor who believed in white superiority — Honors Hall.
“The University of Alabama had already started this endeavor before our meeting with them this past Tuesday,” said State Rep. A.J. McCampbell, D-Gallion, vice chairman of ALBC, in a statement. “That was a great first step and strong leadership was shown. We are looking forward to the other institutions of higher learning in Alabama to do the same as well. The Caucus also hopes that all members of the Alabama Legislature have been inspired to adopt and make meaningful changes in legislation that governs our state.”
Figures said the group of elected senators and representatives are holding these talks, with plans for others, “so that people will stop focusing on Alabama’s sordid past, and instead see a beautiful Alabama present, and the makings of a bright future for all Alabamians.”
“During each of these meetings, our members have had the opportunity to voice what we feel the necessary changes should be. I just hope this openness to positive change continues throughout the upcoming 2021 Alabama Legislative Session,” said State Senate Minority Leader Bobby Singleton, D-Greensboro, in a statement.