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Louisiana Illuminator

St. Tammany Parish Council wades into library content, priming more controversy

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lailluminator.com – Greg LaRose – 2023-08-31 10:02:38

St. Tammany Parish Council wades into library content, priming more controversy

by Piper Hutchinson, Louisiana Illuminator
August 31, 2023

MANDEVILLE — The St. Tammany Parish Council has waded into the ongoing controversy over the parish library system, inflaming the debate but ultimately taking no action. 

The council met in a special meeting Wednesday to discuss a resolution to encourage the parish Library Board of Control to adopt policies required by Act 436, a law authored by Sen. Heather Cloud, R-Turkey Creek. It requires libraries to adopt policies restricting minors' access to certain materials. 

Multiple members, including Councilman Mike Smith, who authored the resolution, said it was essentially pointless because the library is already bound by law to adopt these policies. It has already incorporated and even exceeded some of the law's requirements of its own volition, he said 

This redundancy ultimately led the resolution to fail, but not before council members expressed their own views on the controversy. Several expressed support for creating a restricted section in the library for the challenged books, which are primarily those with LGBTQ+ themes

Councilwoman Maureen O'Brien said that just like rental stores, libraries should have a side room where materials that might be rated “R” would be kept away from minors, who would presumably be unable to access the room. 

Such a practice is called “red flagging,” which various censorship groups have condemned, and refers to singling out and segregating books that contain mature content.  

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While O'Brien and other members of the board floated this proposal as a compromise, such a practice might violate the First Amendment. 

“Federal courts have held that stigmatizing controversial books by hiding them behind counters or removing them from circulation is a First Amendment violation,” Katie Schwartzmann, director of the Tulane First Amendment Law Clinic, wrote in a letter to the St. Tammany Library Board of Control. 

Someone in the audience of the council meeting said the same when O'Brien advocated for the restricted section. 

“That's a violation of our First Amendment rights!” they shouted. 

O'Brien and other council members defended those who have challenged materials, arguing that nobody is in favor of banning books. 

But as Council Chairman Jakey Airey pointed out, several challengers have requested to have the books removed from the library system. 

When Airey made that point, it was met with immediate pushback from conservative activists in the crowd, many of whom carried neon-colored signs reading “Protect Children,” and “Listen to Parents.” 

“That's not a ban!” one person shouted. 

But if the library board took the extraordinary move of removing a book from circulation, that would, by definition, be a ban. 

While the council seems poised to wash its hands of library business, the inability to agree on the basic protections of the First Amendment seems to indicate the issue is not likely to fade away anytime soon. 

The parish library director has said it will likely take years for the library board to work its way through a backlog of challenges, meaning the conservative parish at the heart of Republican support in Louisiana will likely continue to be the venue of monthly face-offs between ultra conservative activists targeting books and anti-censorship advocates. 

The issue is extremely politically salient and has been adopted by conservatives across the nation. 

In St. Tammany, Republican candidates for council and for parish president have been cornered into taking stances on the issue. Even moderate Republicans, such as St. Tammany Parish President Mike Cooper, who formerly served as the Democratic mayor of Covington, came out in favor of a restricted area in libraries. His opponent, Slidell Mayor Greg Cromer, has for several months been a vocal supporter of restricting minors' access to certain library materials. 

The far-right group responsible for the majority of the book challenges in St. Tammany — and around the state — has also actively campaigned against renewal of a library property tax, calling for the system to be defunded.

The Tulane First Amendment Law Clinic provides legal guidance to the .

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Louisiana Illuminator is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Louisiana Illuminator maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and Twitter.

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Louisiana Illuminator

After U.S. Supreme Court decision to allow bump stocks, U.S. Senate rejects bill to ban them • Louisiana Illuminator

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lailluminator.com – Ariana Figueroa – 2024-06-19 06:25:13

by Ariana Figueroa, Louisiana Illuminator
June 19, 2024

WASHINGTON — U.S. Sen. Pete Ricketts blocked a bipartisan bill Tuesday that would ban bump stocks following a Supreme Court decision that repealed a Trump-era rule against using the gun accessory.

Ricketts, a Nebraska Republican, objected to New Mexico Democratic Sen. Martin Heinrich's request that the chamber approve his bill — cosponsored by Nevada Democratic Sen. Catherine Cortez Masto and Maine Republican Sen. Susan Collins — by unanimous consent.

Heinrich attempted to pass the bill, which the trio introduced last year, following the Supreme Court ruling last week that the Bureau of Alcohol, Tobacco, Firearms and Explosives lacked the authority to ban bump stocks.

“As a firearms owner myself, there's no legitimate use for a bump stock,” Heinrich said. “What they are tailor made for is a mass shooting.”

The bill, S. 1909, would ban the sale of bump stocks that allow semi-automatic weapons to rapidly fire multiple rounds like a machine gun.

Ricketts argued that the Supreme Court made the right decision and said the bill didn't just ban bump stocks but also “targets other firearm accessories.”

Ricketts added that the bill is a violation of the Second Amendment.

“This bill is about banning as many firearm accessories as possible and giving ATF broad authority to ban most semi-automatic firearms,” Ricketts said. “It's an unconstitutional attack on law-abiding gun owners.”

Heinrich said the bill would not ban a large amount of firearm accessories, but would ban things like Glock switches, which can be attached to the side of a Glock handgun to convert a semi-automatic pistol into a fully automatic firearm.

“I think the American people understand what common-sense gun safety looks like,” Heinrich said.

Senate procedure requires 60 votes to proceed on most legislation. But for the chamber to approve a measure by unanimous consent, no senator can object.

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Supreme Court ruling

The Supreme Court on Friday overturned an ATF regulation, enacted during former President Donald Trump's administration after the Las Vegas mass shooting, which defined a semi-automatic rifle equipped with a bump stock attachment as a machine gun. Machine guns are generally prohibited under federal law.

In that mass shooting, a gunman used rifles outfitted with bump stocks to fire into a crowd of 22,000 people at a music festival, killing 58 people that night and two more who died of their injuries later, and injuring more than 500.

Senate Majority Leader Chuck Schumer said on the Senate floor that the bill was needed because the Supreme Court's decision was “an utter disgrace.”

“It will endanger our communities, endanger law enforcement, and make it easier for mass shooters to unleash carnage,” Schumer, a New York Democrat, said.

The opinion, written by Justice Clarence Thomas, who is a strong defender of Second Amendment gun rights, deemed that the ATF exceeded its statutory authority in prohibiting the sale and possession of bump stocks, which he said differed importantly from machine guns.

“Nothing changes when a semiautomatic rifle is equipped with a bump stock,” Thomas wrote. “Between every shot, the shooter must release pressure from the trigger and allow it to reset before reengaging the trigger for another shot.”

Additionally, the decision, which was split along ideological lines, limits the federal government's ability to address gun violence in the absence of congressional action.

More federal gun legislation unlikely

With a split Congress, any gun-safety related legislation is unlikely to pass. However, after Friday's decision, President Joe Biden called on Congress to ban bump stocks and assault weapons.

“Americans should not have to live in fear of this mass devastation,” Biden said at the time.

The last time Congress passed gun legislation was in 2022 after two mass shootings that occurred less than two weeks apart.

One was at an elementary school in Uvalde, Texas, where 19 children and two teachers were killed. The other was in Buffalo, New York, where a white supremacist targeted a predominantly Black neighborhood and killed 10 Black people.

The 2022 gun safety legislation did not ban any firearms but provided funds for mental health and to help states enact red flag laws, which allow the courts to temporarily remove a firearm from an individual who is a threat to themselves or others, among other provisions.

That same year, the Supreme Court decided on a major gun-related case that invalidated a New York law against carrying a firearm in public without showing a special need for protection.

Because of that decision, there's another gun-related case before the court that will test a federal law that prevents the possession of firearms by a person who is subject to a domestic violence protective order. A decision on that is expected this month.

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Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and X.

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Louisiana lags on electric vehicle charging program, but DOTD sees ‘no reason to rush’ • Louisiana Illuminator

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lailluminator.com – Wesley Muller – 2024-06-19 05:00:24

by Wesley Muller, Louisiana Illuminator
June 19, 2024

Two years after receiving federal funding to build electric vehicle charging stations across the state, Louisiana has yet to ask for bids from companies that might want the money. However, state transportation officials say there is a reason for their sluggish pace. 

The Louisiana Department of Transportation and Development (DOTD), plans to start the request-for-proposal process as soon as it identifies an appropriate “contracting mechanism” under state law to use the money, DOTD spokesperson Rodney Mallett said. 

The Federal Highway Administration allocated $73.4 million to Louisiana under the National Electric Vehicle Infrastructure (NEVI) program in 2022. NEVI is a product of the Bipartisan Infrastructure Law that Congress approved in 2021. It included billions for state transportation agencies to build a network of rapid chargers along major highways. 

Louisiana's initial response was on par with other states. DOTD submitted its NEVI deployment plan by the federal deadline of August 2022. However, while states such as Ohio, Pennsylvania and others now are disbursing the grant money or have already built some EV charging stations, Louisiana hasn't yet figured out how to spend it. 

“There's no real reason to spend two-plus years figuring out how to get this money to grant recipients when other states are already opening up chargers,” said Ryan McKinnon of the Charge Ahead Partnership, an EV charger lobby group. “Lots of states will be opening up chargers pretty soon, and it sounds like Louisiana will be sitting on the sidelines.” 

McKinnon said Louisiana is one of 11 states that have still not asked for bids to use the NEVI grant money. 

Some congressional Republicans and anti-union groups have directed their criticism at the Biden administration, claiming the delays are the result of mismanagement or of labor requirements within federal rules. Officials closest to the situation say the delays are largely because it is a new program that they want done correctly.

Mallet said the federal rules for the NEVI program don't “fit cleanly” within DOTD's usual contracting methods. DOTD often writes contracts for projects in which the agency owns and maintains the infrastructure, such as highways. In contrast, the EV charger grants will pay for the construction of infrastructure for which “ownership and operation will be transferred” from the state, in most cases, to a private entity, he said.

Although the Biden administration has aimed for a goal of building 500,000 charging stations by 2026, Mallet said the NEVI funds do not lapse, so there is no hard deadline to complete the projects.

“The key is to do it right for the long term,” Mallet said. “No reason to rush it through.”

States to receive $2.5B from feds for electric vehicle charging infrastructure

Tyler Herrmann with Louisiana Clean Fuels, a nonprofit working with DOTD on the NEVI rollout, said earlier, smaller EV charger programs saw build-outs at sites that weren't very practical. 

The chargers were often installed at public libraries or apartment complexes — places with no real interest or resources to maintain them. Without that routine maintenance, chargers would break and often stay that way for years. 

The government learned from those programs and is now taking care to avoid making those same kinds of mistakes, Herrmann said.   

“It is a unique situation,” Herrmann said of DOTD's efforts to administer the NEVI grants. “The program is pretty much completely different from what the DOTD does normally.”

In the meantime, Louisiana Clean Fuels has been working to build a workforce of technicians who can install and repair EV chargers and supply equipment.

Baton Rouge Community College just recently saw its first class of students graduate from a three-week course in which they learned some of the fundamentals required to become nationally certified Electric Vehicle Supply Equipment technicians. 

Herrmann said about a dozen students completed the first course, which will soon be offered at other community colleges across the state.

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Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and X.

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St. Tammany’s embattled coroner targeted under new state laws • Louisiana Illuminator

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lailluminator.com – Julie O'Donoghue – 2024-06-18 17:43:54

by Julie O'Donoghue, Louisiana Illuminator
June 18, 2024

Gov. Jeff Landry has signed two new laws to weaken the authority of St. Tammany Parish's controversial coroner who is already the subject of a recall campaign. 

Dr. Christopher Tape drew scrutiny from lawmakers after a WWL-TV investigation revealed he had been accused of child sex abuse in New Mexico decades ago and then settled a lawsuit over workplace sexual harassment allegations in the past few years. Charges in the New Mexico case were quashed after the prosecutor failed to move the case forward in a timely fashion. 

Almost immediately after taking office, Tape also tried to cancel a multi-parish program housed in the St. Tammany coroner's office that provides nurses to perform sexual assault exams on victims. The service helps police collect evidence and assists Northshore district attorneys who prosecute sex crimes. 

Legislators responded to Tape's actions, as well as his refusal to resign from his job, by filing legislation to limit his power.

Sen. Patrick McMath, R-Covington, sponsored a new law to give the St. Tammany Parish Council greater authority over the coroner's public finances and the ability to remove any coroner convicted of violent crimes. Moving forward, candidates for St. Tammany coroner must submit records regarding their criminal background to the local clerk of court.

Sen. Beth Mizell, R-Franklinton, authored a second law that allows the state attorney general to move sexual assault victim programs to another parish if the local coroner is unqualified or unwilling to perform those duties. 

In Tape's case, a transfer has already happened. Last month, the Jefferson Parish Coroner's Office took over the sexual assault examination program serving the Northshore region. The two parishes have entered into a cooperative endeavor agreement that allowed Jefferson Coroner Gerry Cvitanovich to hire the nurses who worked for the St. Tammany program.

Meanwhile, the organizers of Tape's recall must gather 35,000 signatures from qualified voters before mid-October for an election potentially forcing Tape out of office to take place.

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Louisiana Illuminator is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. maintains editorial independence. Contact Editor Greg LaRose for questions: info@lailluminator.com. Follow Louisiana Illuminator on Facebook and X.

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