Wherein we discuss the who, what, where, how, and why of sending a FOIA demand to your governor to save lives in your state. We are organizing a lawful method to advance the dreams of MLK. If you help us, you could find yourself cleansing your state of germs your Republican Governor. We (Support the Dream Defenders) crowdsourced a law. Will you please help us crowdsource expanding Medicaid to cover more people and contribute to the downfall of 19 Republican Governors?
I. WHAT WE WANT TO ACCOMPLISH
Support the Dream Defenders is a Daily Kos group which was founded by JoanMar after the murder of Trayvon Martin. The group has shown a spotlight on acts of criminal and social injustice, and it has used the law to seek advantage in the fight for equality and justice. Earlier this year, the group crowdsourced the development of a new law because of the murder of Michael Brown in Ferguson, Missouri. The proposed law is called The Michael Brown Over-Policed Rights Act, and it is intended to empower people to sue violent police departments. On the national level, the NAACP and the ACLU have reviewed the bill with approval. The ACLU has indicated it would "partner" with our group on the law, and the NAACP has indicated that it would forward the bill to members of Congress.
So, what does the group hope to accomplish next? To strike a blow for social justice, again using the law as an ally in the fight. We want to send Freedom of Information Act (FOIA) requests to Republican Governors and agencies in Red States. We want to shine sunlight on the refusal of Tea Party governors to expand medicaid. Let me pose this question:
Which will claim more lives in 2014 and 2015: Ebola in Africa or Republican governors in the United States who refuse to expand Medicaid?
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According to a Harvard study, there may be as many as
17,000 people dying annually in the United States because Republican governors refused to expand Medicaid for no humane or decent reason. Millions will be uncovered in the so-called Medicaid Gap because of the blithely murderous decision of these politicians to refuse to expand Medicaid. Many of their constituents could have used mammograms, biopsies, $10-for-a-three-month's-supply of high blood pressure medicine, insulin, routine physical examinations, as well as blood, urine, and stool assays that would have discovered these health issues and others.
The latest reports involving Ebola put the morbidly serendipitous number of cases at just over 17,000, with a total of 6,055 reported deaths. As cruel and evil and vicious as the Ebola virus is, it will have to up its game and make a strong comeback to hope to match the destructive power of a handful of Republican Governors.
Which of these grave and horrible health care stories received attention from the media? Which of those stories burned up the air and radio waves before the mid-term elections? Which story needs a helping hand to obtain the coverage it deserves? Our group would like to provide that helping hand. To do that, we will ask Republican Governors a Catch-22 question about their refusal to expand Medicaid. (Actually, when you have made an intentional decision to blithely allow the deaths of thousands of your constituents, any question is a Catch-22 question.).
Once we have responses to our requests, our group plans to publish them on Daily Kos and send them around the globe to news agencies, Rachel Maddow, social justice organizations and everyone with a microphone or a blog. Republican governors have made decisions that would shock Louis XVI and Marie Antoinette. This War on the Working Poor and this murder must stop!
II. HOW WE PLAN TO DO IT
The group is asking for volunteers to write FOIA requests to Republican Governors in their states. I volunteered for South Carolina. I have already mailed my FOIA requests, and, let me tell you, there are few activist highs as high and then as mellow as attaching the certified mail, return-receipt-requested stickers to a big manila envelope containing impossible requests, addressed to a murdering Republican Governor.
Here is what my requests to Governor Nikki Haley and the South Carolina Department of Health and Human Services looked like:
November 26, 2014
Custodian of Records
The Honorable Nikki R. Haley
Office of the Governor
1205 Pendleton Street
Columbia, SC 29201
Dear Custodian of Records:
Pursuant to the South Carolina Freedom of Information Act, I am requesting copies of public records that are described on the attached page. If there are any fees for searching or copying these records, please inform me if the cost will exceed $500.00. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of the Health Care situation in the State of South Carolina.
This information is not being sought for commercial purposes.
The South Carolina Freedom of Information Act requires a response time within 15 business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.
Thank you for considering my request.
Sincerely,
XXXXX XXXXXXXXX
(XXX) XXX-XXXX
XXXXXXXXXXXX@XXXXXXX.com
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A couple of notes about this letter. First of all, it is important to look at your state's Freedom of Information or Public Records statute. In the South Carolina instructions, I found that residents can request free copies if the records involve a matter of public interest. You will find links for resources for each state below.
Also, I put in the amount of $500 because I want them to know that I am serious. I don't expect it to cost me a thing. Either they will grant my request without charge because of the public issue involved, or, more likely, they will not have the records I am seeking.
NOTE: States will generally charge copy costs for reproducing the documents. This can run from 10¢ to 25¢ per page. Keep that in mind as you draft your state FOIA requests. Additionally, each state will have their own exemptions from their particular Freedom of Information Act. For example, most states will not provide personal information that may include social security numbers. There may be exemptions for legal correspondence that involves the attorney-client privilege, and so on.
Finally, if the Governor denies my request or cites an exemption, I am fully aware of my right to file suit in circuit court to obtain the records. Still, I would rather get a "clean" response to my answer. Here is the specific request I made of the Governor of South Carolina:
FREEDOM OF INFORMATION ACT / PUBLIC RECORDS REQUEST
Any and all public records, as that term is described in the South Carolina Freedom of Information Act--excluding any legal correspondence that would violate the attorney/client privilege--reporting on or describing the Office of the Governor of the State of South Carolina's specific programs or directives or orders or pronouncements or initiatives created to track the number of deaths caused, or potentially caused, by the Governor's Refusal to Expand Medicaid.
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A few notes about this request: It is unlikely that the Governor of South Carolina has created an initiative to find out how many people she may be killing. I don't think these records exist. It would be like an accused murderer helping the prosecutor to track down evidence. That's the Catch-22 aspect of the request.
If the Governor says that no such initiative exists, we ask "Why not?" If it does exist, then we get the records. If the Governor claims an exemption or otherwise denies responding, then we go to court.
As a by-product of these FOIA requests, we hope to put pressure on Republican governors to cave and accept the Medicaid expansion. They won't do it unless there is some media and other pressures exerted upon them.
FREEDOM OF INFORMATION ACT / PUBLIC RECORDS REQUEST
(1) Any and all public records, as that term is described in the South Carolina Freedom of Information Act--excluding any legal correspondence that would violate the attorney-client privilege and excluding any information or data that might identify any patients, reporting on or describing any specific programs or directives or orders or pronouncements of the South Carolina Department of Health, or unit of same, to track the number of deaths caused, or potentially caused, by the Governor's Refusal to Expand Medicaid.
(2) A summary maintained by the South Carolina Department of Health, or unit of same--but not showing any names, addresses, social security numbers or other identifying information of patients, and excluding any legal correspondence that would violate the attorney-client privilege--of the number of uninsured persons in the State of South Carolina who were treated in emergency rooms and/or hospitals and/or health clinics in the State of South Carolina during the last fiscal or calendar year or twelve-month or other stated period (depending on how the record is constructed).
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These are the requests I made of the South Carolina Department of Health and Human Services under separate cover. I don't expect them to be able to answer #1 above, for the same reasons as the Governor could not answer it. On the other hand, I do expect to get something back regarding request #2. If so, that opens up a can of Whoops! for them. If not, it opens up a different can of Whoops!
III. HOW YOU CAN HELP
We need volunteers in the states listed below to send FOIA requests to their state's Governors or Health Departments. There are folks who will help you with your requests, including JoanMar, 2thanks and others. Just send our group a private message! Some states have already made a little progress. If you want to help with any state's efforts, let us know in the comments or here. Here are the states where we need coverage (note that each state name in the chart below includes a link to that state's FOIA resource material):
Progress on FOIA Request from a Democratic Governor |
Ferguson Decisions |
Links to FOIA Resources |
Organizing |
Request Delivered |
Request Shared |
Reply Received |
Missouri |
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The charts above were provided by the masterful 2thanks. This, from the inimitable JekyllnHyde:
NOTE: Be sure to stop by elenacarlena's diary published through Support the Dream Defenders and taking down Joe Scarborough for his racist rant.