GOING POSTAL Will State Ease Absentee Ballot Restrictions To Ensure Safe Voting Amidst Pandemic? - The Oklahoma Observer
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• An Independent Journal of Commentary • MAY 2020 • VOLUME 52 NUMBER 5 • $5.00 GOING POSTAL Will State Ease Absentee Ballot Restrictions To Ensure Safe Voting Amidst Pandemic? Cover Story Begins on Page 11
Observations www.okobserver.org VOLUME 52, NO. 5 Bumpy Ride Gov. Kevin Stitt recently received a real-life, real-time civics lesson: Ef- PUBLISHER Beverly Hamilton fective elected leadership is born of consensus building, not pronounce- bhamilton@okobserver.org ments from on high. EDITOR Arnold Hamilton The governor’s persistent failure to forge enduring statehouse coali- ahamilton@okobserver.org tions is biting him on the hindquarter as he scrambles to steady a state reeling from COVID-19 and a historic oil price collapse. ADVISORY BOARD Andrew Hamilton, Matthew Hamilton, First, legislative leaders refused to take Stitt’s word that Oklahoma Scott J. Hamilton, Trevor James, will face a nearly $1.4 billion revenue shortfall next year. Then, they Ryan Kiesel, George Krumme, gave full-throated support to Attorney General Mike Hunter’s view that Gayla Machell, MaryAnn Martin, Stitt exceeded his legal authority with new tribal gaming compacts. And Bruce Prescott, Bob Rogers, Robyn Lemon Sellers, Kyle Williams finally, they remained silent as Stitt unveiled plans to lift pandemic- related public health restrictions. OUR MOTTO This sudden frostiness is notable. For the first time, Stitt is getting To Comfort the Afflicted and Afflict the serious blowback – at least publicly – from his fellow pachyderms. And Comfortable. it comes at a most precarious moment for the rookie governor. OUR CREDO These are volatile times. It’s true that oil busts come and go … but So then to all their chance, to all their sub-zero price trading? Yikes! And the novel coronavirus? More than shining golden opportunity. To all the 200 deaths and more than 225,000 unemployment claims in only six right to love, to live, to work, to be themselves, and to become whatever weeks. Devastating. thing their vision and humanity can Does the statehouse standoff leave Oklahoma ill-equipped to manage combine to make them. This seeker, an epic crisis? Hard to say. is the promise of America. This much we do know: Even though it initially ceded control over - Adapted from Thomas Wolfe some state agencies to the governor, the Legislature still wields the big- FOUNDING PUBLISHER ger stick at NE 23rd and Lincoln Blvd. Stitt, for example, can’t dictate Helen B. Troy [1932-2007] the budget or taxes. He has veto power, but governors are averse to be- FOUNDING EDITOR ing overridden, especially when it’s their party delivering the rebuke. Frosty Troy [1933-2017] The Legislature clearly can steady the ship of state when a governor pursues a one-man-is-an-island leadership style. Where lawmakers may [ISSN 0030-1795] The Oklahoma Observer [USPS 865-720] have less power is over Stitt’s decision to lift pandemic-related restric- is published on the first Wednesday of each CONTINUED ON PAGE 43 month by AHB Enterprises LLC, 13912 Plym- outh Crossing, P.O. Box 14275, Oklahoma City, OK 73113-0275. Periodicals postage paid at Edmond, OK and additional entry of- fice. Phone: 405.478.8700. POSTMASTER Send address changes to The Oklahoma Observer, P.O. Box 14275, Oklahoma City, OK 73113-0275. SUBSCRIPTIONS Yes! Please send me a one-year subscription for only $50. 1-Year [12 issues] $50. Send check to The This special offer includes my certificate for a free book courtesy Oklahoma Observer, P.O. Box 14275, of Full Circle Bookstore [a $20 value]. See page 41 for details. Oklahoma City, OK 73113-0275. Online: Visit www.okobserver.org to use a credit card. UPDATE ADDRESSES Please notify us at least two weeks before your move to ensure uninterrupted service. E-mail address changes to subscriptions@ okobserver.org or mail to P.O. Box 14275, Oklahoma City, OK 73113-0275. LETTERS TO EDITOR E-mail to letters@okobserver.org or mail to P.O. Box 14275, Oklahoma City, OK 73113- 0275. 2 • MAY 2020
Observerscope We mourn the passing of our friend John Papahronis, whose downtown OKC Lunch Box café attracted an eclectic, elbow-to-el- bow mix of rich and poor, Repub- licans and Democrats, lawyers and plumbers for decades. So, of course, Donald Trump wants to destroy the federal gov- ernment’s most popular agency, the U.S. Postal Service. He’s like a toddler who thrills at breaking all the Crayons in the box. Dart: To Gov. Stitt, declaring the state’s projected $1.4 billion FY ’21 budget hole would be much worse had OK not diversified and become less dependent on oil-gas revenues. Seriously. He said it. More. Than. Once. Our monthly Newsmakers at Dart: To Gov. Stitt, who wants to Reality Check I: Gross produc- OKC’s Full Circle Books remain divert some of the $40 million fed- tion taxes [oil and gas] were the paused during the COVID-19 out- eral education stimulus to private third largest revenue source in FY break. Until we can safely recon- school vouchers. Even Republi- ’19, behind only income and sales/ vene, we urge you check out Ob- cans lined up to call “Bull-Stitt.” use taxes, according to the OK Tax servercast, our weekly deep dive Commission. into OK politics and policy. See Fake news? Democratic hoax? back cover for details. The GOP-controlled U.S. Senate Reality Check II: Oklahoma’s ac- recently released a report through tive rig count dropped to 20 – 20! Laurel: To Paycom CEO Chad its Intelligence Committee af- – the last full week in April. In the Richison, displaying real corpo- firming that Russia indeed inter- same week last year, 102 were op- rate leadership during the pan- fered in 2016 to help elect Donald erating. – Baker Hughes demic. He’s not only given millions Trump. to feed the hungry, but also chided On March 17, the day OKC im- Gov. Kevin Stitt’s failure to enact Gov. Stitt waited until near the posed its shelter-in-place order, stricter public health measures. deadline to put Medicaid expan- the state had 17 confirmed CO- sion [SQ 802] on the June 30 pri- VID-19 cases and no deaths. Six The mask-less, knuckle-drag- mary ballot, giving proponents weeks later, as the governor loos- gers parading around OKC and only about 70 days to mount their ened health restrictions statewide, Tulsa government buildings to campaign … amid a pandemic. OK had 3,410 confirmed cases and protest stay-at-home orders were Hopefully voters will send Stitt a 207 deaths. h/t Jennifer Joy organized by Tea Party queen Ron- clear message they don’t like him da Vuillemont-Smith. Monkey see, playing political games with their The feudal lords known as the monkey do. health. Gov’s Council for Workforce and Economic Development discussed For the record, most Oklaho- Dart: To an increasingly erratic asking the feds to cancel $600 mans aren’t sipping the Tea Party President Trump, temporarily sus- payments that augment state un- Kool-Aid. A recent OKC-focused pending immigration in an obvi- employment benefits, fearing Amber Integrated poll found 60% ous attempt to distract from his the temporary bonus could be a supported closing non-essential pandemic bungling. Even the arch- “disincentive” to return to work. business to prevent COVID-19 conservative Wall Street Journal #LetThemEatCake spread. ripped him editorially. CONTINUED ON PAGE 44 THE OKLAHOMA OBSERVER • 3
Letters of times let alone with COVID-19 on the loose. It makes no difference that OKC is not New York or California. There is no impenetrable wall at the Oklahoma border. If others want to make their own risky choice so be it. But know this: Trump-hole and his mafia GOPers want us to die, regardless of party, and are hoping enough of us will lose patience or are des- perate enough for income to jump ship and risk their health and that of others. Those that survive will in a twist- ed way validate the ignorance and shortsightedness of the Orange Obscenity. He will use it to justify his evil self. I’m going to stick it out at home as long as I can. I know others are Editor, The Observer: the revenue failure he declared. in a different situation and have to After insulting and refusing to Folks, Oklahoma has a spoiled act accordingly. compromise with Native Ameri- frat boy for a governor who James Nimmo can leaders, Gov. Kevin Stitt has can’t make a deal. Imagine that. Oklahoma City picked a new fight with the Okla- #WhyWeNeedExperiencedPubli- homa Legislature. They reminded cLeaders Editor, The Observer: him that they are in charge of the Jackie Gaston Do events make the man or wom- state budget by shorting $247,320 Yukon an? for his $15 million pet project, the The Civil War made Lincoln Digital Transformation Revolving Editor, The Observer: bound for glory. Fund. Legislators want a “road- The evil orange bastard and his The Great Depression made FDR map” on how these funds will be crew of cutthroats is working on bound for glory. spent with more transparency and sinking the Ship of State formerly The assassination of John Ken- detail. known as America and now just a nedy made LBJ bound for glory. Five million dollars has already subsidiary of the Trump Organiza- The assassination of Martin Lu- been committed for a new web tion. ther King Jr. made Barack Obama portal for Gov. Stitt and Lt. Gov. I don’t want to possibly contract bound for glory. Matt Pinnell’s disastrous branding a fatal disease from getting a hair- The Republican attempts to kill initiative, $1 million for “outside cut, or going to the grocery store ObamaCare made Nancy Pelosi consultants” to reorganize state for food, or standing in line at the bound for glory. government and up to $21,535 per post office, or at the shop getting Will the coronavirus pandemic month for a senior project manag- my bike fixed. make Donald Trump bound for er – hopefully not for more shady This disease works both sides of glory? contracts with carpetbaggers from the street. It’s not a sentient thing To stand with great presidents, out of state and out of the country. that chooses its victims but it does Trump can put a safety net under In retaliation, Gov. Stitt refused thrive on opportunism. every citizen. to sign SB 199, one of three bills How does anyone easily find out His safety net can be a govern- passed by the Legislature to fund if they’re asymptomatic with test- ment guaranteed income of $1,200 essential state services during ing in Oklahoma so hard to come a month for every citizen for life. the CORVID-19 pandemic. The bill by and they could be infecting oth- That can an insure that when you passed anyway in five days. So Gov. ers? lose your job during the next pan- Stitt backed down from demands I will not be forced to go back to demic, you will have something to for agency budget cuts, but still my job where I will come into con- live on until you find another way refuses to call a Board of Equal- tact with people who have poor hy- ization meeting to certify and fund giene and poor health at the best CONTINUED ON PAGE 45 4 • MAY 2020
REOPENING OKLAHOMA GAMBLING WITH LIVES Politics, Money Trump Science In Governor’s Decision To Lift ‘Safer-At-Home’ Restrictions BY JOHN WOOD A ll Jobs are essential, get Oklahoma back slowly driving, single-file, horns honking around the to work!” was hastily scribbled just above Capitol after caravanning from Penn Square Mall. “Give me Liberty” in red and blue bubble The next day, President Donald Trump, in hopes of letters on poster board, carefully nailed on a Tea Party redux for his campaign, stoked this re- a wood pallet. The sign sat upright in the back of a sentment, tweeting to “liberate” Virginia, Michigan huge Chevrolet Silverado, parked in front of the State and Wisconsin – all states with Democratic governors Capitol for nearly an hour on the traditional April 15 – by reopening for business despite the COVID-19 “Tax Day,” setting the stage for at least 15 states to pandemic. prematurely open up for business, including Okla- “I hope Gov. Stitt hears this loud and clear,” de- homa. clared one woman with a microphone, reporting for A hundred or so protesters from far-right groups the OTU Facebook live show hosted by Adam Modi- such as OK Back 2 Work, Constitutional Grounds and sette. the Tom Coburn-inspired Oklahoma Taxpayers Unite While ignoring both Stitt’s statewide ban on non- [OTU] organized and surrounded the statehouse in essential gatherings of more than 10 and their own their vehicles. pledge “to remain in their vehicles,” 30 or more sign- “Back2Work” and “#ReopenOk!” were scrawled in carrying protesters stood in close proximity to each white shoe polish on dozens of truck and car windows, other near the Capitol steps as if it were a regular day THE OKLAHOMA OBSERVER • 5
– none wearing masks or gloves. health experts when it comes to loosening restric- Oklahoma City Mayor David Holt chided protesters, tions imposed because of the pandemic. warning they were likely to “get sick” as a result of On OTU’s Facebook page, for example, the group their antics. Holt’s sentiments resonate nationwide, moderator posted his conspiracy-fueled rationale for a recent Politico/Morning Consult Poll found 81% the Oklahoma City rally: say we need to continue to social distance as long as “It’s clear that the plan from the beginning was to needed to curb COVID-19. allow this virus to run wild in high profile places like Contradictions aside, the protesters’ frustration New York and Italy to create fear. It is also clear that is hardly surprising. As recently as February, unem- people like Dr. Anthony Fauci were activated to en- ployment in Oklahoma was as low as 3.2%, lowest sure the worst possible response to the crisis would since at least 2000. In March, in the wake of COV- be implemented in the U.S. And now, after more than ID-19, state unemployment soared 865%, according a month after shutting down whole swaths of our to the U.S. Bureau of Labor Statistics. economy and locking people in their homes under The sudden economic tumult fueled a wave of trib- effective house arrest it’s also clear that most of this alism and finger-pointing. response was overblown and unnecessary.” CONSPIRACY THEORIES ABOUND In this era of post-truth, where debate is framed Two years after OTU protested teacher raises in largely by emotional appeals far removed from details Oklahoma, many far-right groups are driven again to and facts and talking points substitute for reality, I demonstrate publicly – this time in the belief the pan- take delight that the Business Insider still finds Dr. demic is the result of one or more conspiracies. Fauci as the most trusted expert on COVID, much A prime example involves billionaire Microsoft higher than Trump by far. founder Bill Gates. In 2015, Gates led a Ted Talk de- At the same time unfortunately, TV’s Dr. Oz told rived from a more detailed New England Journal of Fox News host Sean Hannity that “opening of schools Medicine article, predicting the need to prepare for may only cost us 2% to 3%, in terms of total mortality. the next health crisis, not just war, because it would Any, you know, any life is a life lost, but ... that might have the power to destabilize the U.S. be a tradeoff some folks would consider.” Gates’ role yielded this April 15 post on OTU’s Face- Of course, the New York Times found in 2010, Dr. book page: “The #GatesOfHell loves us so much that Oz, a physician but not an expert in infectious dis- he wants to implant us with a tracking microchip we eases, started Sharecare.com, which has been criti- will need to buy, sell or travel. #MarkOfTheBeast.” cized for its shilling for multiple corporate interests. The post was linked to a posting on Red Pill Univer- THE RIGHT TIME? sity website entitled “Bill Gates and Intellectual Ven- Is this the right time to open up the state for busi- tures Fund Microchip Implant Vaccine Technology.” ness when health experts estimated COVID-19 infec- Factcheck.com labeled this as a conspiracy, claim- tions and deaths to peak in late April? Well, most ing “Gates is plotting to use COVID-19 testing and Americans were not buying it. A Pew Research Center a future vaccine to track people with microchips.” poll found 73% of respondents nationally still feared It went on to explain that while the Gates Founda- the worst is still to come and 65% said Trump was too tion has advocated for increased testing and has even slow to react to the outbreak. funded vaccine research in the past, neither involved Epidemiologists – including Fauci, the nation’s implanting microchips. leading infectious disease expert – warned it was too OTU, like many of President Trump’s supporters, early to open up, especially when states like Okla- has found a convenient scapegoat with China, de- homa hadn’t yet reached their forecast peak. picting the virus as either the “Chinese Virus” or the “We’re not there yet,” Fauci said, primarily because “Wuhan Virus.” Of course, I guess what is good for the nation still lacks the capacity to test and trace the goose is good for the gander, as the Chinese have new cases. started calling it the “USA virus,” according to the Thus, the OTU moderator’s Facebook post: “#Fire- Atlantic. Fauci Should be the Rallying Cry for a Generation While Trump canceled travel from China early on, #AnthonyFauci.” the Daily Beast reported, he failed to make good use For daring to stress the facts and science about CO- of the month or so of extra time it gave him to ramp VID-19, Fauci became the target of death threats and up a U.S. response to the coming pandemic. Instead, was forced to beef up security. he downplayed the dangers of COVID-19 – with disas- Stitt, meanwhile, was unmoved by warnings he’s trous consequences. loosening restrictions too soon: “I know Oklaho- Naturally, the Fox gas-lighters immediately parrot- mans are frustrated, ready to get life back to normal. ed the new party line it was an “impeachment distrac- Our plan is to do it safely.” tion.” Even as late as the end of February, Trump told With his statewide “safer-at-home” directive set rallies it was just another Democratic “hoax.” to expire April 30, the governor took steps to allow So, it is not surprising that even in the U.S. with some businesses to begin opening April 24, including the most COVID-related infections and deaths in the nail and hair salons, barber shops, and dog groom- world, many of his supporters take his word over ers parlors. Then, on May 1, restaurants, theaters, 6 • MAY 2020
REOPENING OKLAHOMA sports venues, churches and other entities would it reflects a mindset championed by former Sen. Co- be allowed to reopen providing they adhere to social burn, who died recently of cancer. distancing and strict sanitation. A further loosening of restrictions could begin May 15 if the COVID-19 infection and hospitalization rates remain what Stitt called “manageable.” In the lead-up to Stitt’s re-opening announcement, “Let’s Get Oklahoma Open for Business” became a hot social media meme, a slogan accompanied by the state motto, “Labor Omnia Vinci – Work Conquers All!” The message declared Oklahomans were being “placed under hardship” by COVID-19. Even though “the number of people being hospitalized and dying” is “far fewer than anticipated,” the state “continues to remain closed for business.” It also labeled Stitt’s “safer-at-home” policies “un- constitutional.” Responses to this poster on Facebook were most- ly supportive, one writing “The virus is a scam. It’s nothing like predicted. Just a way for the Dems to make more money.” Others weren’t buying. One woman responded: “This ‘parade’ for businesses to reopen ... says to stay in your cars to adhere to social distancing guide- lines ... I’m not sure they understand the meaning of irony.” TOM COBURN’S LEGACY The auto rally wasn’t just about unemployment – THE OKLAHOMA OBSERVER • 7
REOPENING OKLAHOMA The Coburn-inspired and -supported Oklahoma Tax- about 13,000 per million. payers Unite emerged in 2018 when Coburn pushed Dr. Fauci and others have said that if we open too for a petition aimed at repealing the $400 million tax early without proper tests and tracking equipment, measure that gave teachers their first pay increase in we will end up with a second wave of the virus. This a decade. should be a worrisome scenario we should strive to “Dr. No,” as the senator was known, was widely avoid. Yet, Governor Stitt’s phased state reopening is considered the Godfather of the modern conserva- contradicted by the Oklahoma Department of Health tive, austerity movement in the United States. In two finds that deaths have increased by 5.1% daily with- decades as a congressman, then U.S. senator, Coburn out an apparent plateau. Such a mindset may likely fought tirelessly against “earmarks” and for term lim- precipitate a second wave this fall, says Dr. Fauci, not its, gun rights, the death penalty, and fiscal conser- unlike the nightmarish Spanish Flu of 1918-19. vativism. Former British Prime Minister Winston Churchill His alternative vision to the teacher pay raise? once said in 1951: “The … people can face peril or Reduce waste and increase efficiency in an already misfortune with fortitude and buoyancy, but they bit- cash-starved public-school system, which suffered terly resent being deceived or finding that those re- the nation’s steepest budget cuts – 28% – in the previ- sponsible for their affairs are themselves dwelling in ous decade. a fool’s paradise.” Fortunately, Coburn and OTU failed to secure This sentiment was clear in reaction to the corona- enough petition signatures and defend against peti- virus restriction protests. As one woman put it in a tion challenges and the movement seemed to largely Facebook post, “Stuff like this is WHY I support free fall into abeyance. college for everyone. I’m so tired of being exposed to And for a man who said he didn’t attack people and stupid people. It’s like a disease.” believed instead that one should debate the nature We are in a strange post-truth world, cocooned at of their differences to try to reach an agreement that home with only virtual connections to the outside wouldn’t compromise principle, the organization Co- world, siloed into echoes of tribal false hopes. We burn birthed is not much into compromise, but more all want to get out of the house, live in safety, make into conspiracy. money again, but Enlightenment Era reason should OKLAHOMA’S COVID-19 RESPONSE prevail, not a fool’s paradise. In early April, Oklahoma ranked dead last nation- John Wood is an associate professor of political sci- ally in coronavirus tests with only 818 per million ence at the University of Central Oklahoma. The at that time. By month’s end, thanks to a ramp-up views he expresses are his and not necessarily the by private labs, Oklahoma ranked about 30th, testing university’s. ‘No Place For Wishful Thinking’ BY CARL J. RUBENSTEIN O ver a span of five decades as a physician, changing their characteristics. Their degree of in- now retired, I participated in a number of fectivity may increase. They may have significant clinical research studies. In that role I was ability to develop resistance to forms of treatment. fortunate to have worked with and learned Immune responses may differ significantly in dif- from excellent epidemiologists and biostatisticians. ferent populations, related in part to age, genetics, Based on that experience I would like to share previous exposure to diseases, diseases and treat- some thinking and concerns about the current pan- ments that may decrease immune function, general demic. and specific health status. It would be a potentially disastrous mistake to re- Herd immunity requires a very large percentage lax the strict restrictions about physical distancing, of the population with immunity before non-im- use of effective masks, effective hand washing, and mune people are protected. extensive testing for the infection in the general Unless something has created generalized im- population. munity in the population, one or a small number There are lessons to be learned from epidemiolo- of unrecognized disease carriers, newly arrived or gy; especially the epidemiology of infectious diseas- currently in the population, can renew an extensive es. The epidemiology of infectious diseases differs epidemic. Additionally, we do not yet know if recov- from the epidemiology of genetic diseases and even ery from the infection produces effective immunity many other acquired diseases. to reinfection or how long that immunity may last. Viruses and many germs can mutate, significantly Testing symptomatic people to find out if they 8 • MAY 2020
REOPENING OKLAHOMA have the infection is very important: in ap- propriate treatment of the individual; tracing contacts who do not know they have become infected; mustering the resources needed to treat them, and to protect the health-care workers. But – it is not an adequate assess- ment of how prevalent the disease is. Asymp- tomatic infected people go undetected and are capable of infecting others, and especially vulnerable populations. Generalized testing, or at least statistically adequate sampling, is critically important to evaluate prevalence of the infection. Addi- tionally, that sampling should be enriched with populations known to be at ignorance. A focus on I/me and a requirement for increased risk. “freedom” of action ignores the fact that you may Intervention studies, designed to find out if a seriously endanger other people. specific treatment makes a difference, require You have a right to take risks for yourself. You do statistically adequate numbers and adequate time not have a right to impose those risks on others. for significant differences to be shown as valid and Lifting protective restrictions prematurely would put reliable. Premature stoppage, or premature inter- a significant number of people at risk of disease and pretation of findings may provide very wrong con- even death. clusions. In the face of an epidemic, this may lead The good of the people can be affected danger- to disaster. This is no place for wishful thinking. ously by political motivation such as self-promotion, Geography alone is not a barrier to the spread of retribution, stirring of dissent, capitalizing on ha- the infection. Intrastate, interstate, and interna- treds. Notions that “the game must go on” and tional travel, multidirectional, may expose a new “our religious practices require gathering together” population, especially a vulnerable population. Even involve misguided priorities of human life. states or localities with sparse population are at risk In the face of extensive regional or national crisis, unless they truly remain isolated. the federal government can and should muster Statistical models of disease incorporate im- resources and coordination. It has significantly portant assumptions. They can help estimate greater ability to provide relief and the needed what change in a given variable may have on the level of coordination. Powers and actions authorized outcome. To be usefully predictive of the future, by Congress can and should be time-limited with changing variables require changing the model. provision for renewal if needed. Permanent em- The models that have been used related to the powerment of the president is opposite to what our current pandemic assume that rigorous mitigation, founding fathers created. It is what they warned rigorous isolation, hand-washing, use of masks, etc. against. will continue and not be abbreviated. Changes in In these times of such extensive crisis, it should human behavior, changes in the virus, changes in be the responsibility of our federal government to governmental coordination and supply of resources, provide economic support to people and small busi- all can alter the reasonable expectations. nesses as well as critical activity. This should be Balancing human life and economic distress is dif- called what it is – relief, not “stimulus.” ficult, but the vagaries of human behavior are real Retired cardiologist Carl J. Rubenstein lives in Okla- and potentially dangerous. These include denial and homa City. THE OKLAHOMA OBSERVER • 9
The Tortoise And The Hare: A True Story BY CAL HOBSON Two people I knew and know – one very well, the cumulated, hopefully more of the former rather than other not so much. Many readers will recognize the latter. both: Aubrey McClendon, the 100-yard dash guy, and His company, Chesapeake, built a fabulous cam- Harold Hamm, a marathoner, were at opposite ends pus in toney northwest OKC while Harold remodeled of Oklahoma’s energy industry for decades. two old downtown bank buildings in distant and Harold and I were classmates in Lexington pub- often downtrodden Enid, before finally moving to the lic schools for four years – he the youngest of 13 big leagues in rehabilitated inner OKC. He bought children of sharecroppers who lived in a shack Devon’s old tower when that company built one of northeast of our little community nestled next to the the tallest edifices west of the Mississippi. flood-prone South Canadian River. For about a decade both the hare and the tortoise Both of us picked cotton but he was a pro at it. I prospered – one a billionaire only on paper, the was in the fields, as well, but more just during the other with so much cash he could write nearly a summer when school recessed for a few weeks to billionaire dollar divorce check that cleared without get in the crops like cotton, broomcorn and easier- raising any eyebrows including those of the recipi- to-pick just-plain corn. ent. Way back then, to the north of our town as the The Okie oilies supported only Republicans for crow flies or I-35 meandered, tall, preppy, well- high or low office and made the covers of national connected McClendon busied himself with other magazines – the rabbit in rolled up sleeves, loos- pursuits and while he knew cotton was important ened tie and tossled hair while watching tall black in making snappy shirts and slacks I doubt he ever men, which he owned on a temporary basis, dribble pulled a sack of it over to be weighed before head- a round ball; the turtle, neck extended, usually in ing off to one of three gins in Wayne, another nearby overalls and a hard hat, driving a dusty pickup truck community long known for its fertile fields of row to buy chicken fried steak dinners [city folk call crops. them lunches] at Sonny’s Cafe for roughnecks or old Fast-forward a couple of years from the early ‘60s. friends, often one and the same. Harold ended up a tire jockey in Enid, then an owner The hare ran and drove fast, died mysteriously, of one truck servicing wells near there. Aubrey later indicted and broke just in his 50s. The tortoise still went to Duke University, established more connec- produces lots of oil, accounts for each barrel, re- tions with cash and credit. members hard times and retains a hard edge toward Harold eventually hit some great wells west of “them that have done him wrong.” Enid, then turned his focus to western North Dakota He is 74, will turn three-quarters of a century in and eastern Montana which were home to the diffi- November and still works like he needs the dish- cult-to-produce Bakken oil zones. But the stubborn washer’s job at Ruby’s Restaurant, just down old wildcatter believed, with fracking and horizontal Highway 77 from Sonny’s chicken fry place. drilling, he could bring up loads of oil where oth- Both were my friends. Harold still is sometimes, ers failed … and he did and still does – one well at a except when I advocate for a higher severance tax time, then two, 10 and now thousands. on his product, but that’s for another story, from an His company, Continental Resources, eventually earlier decade that has already been told. went public but he remained majority owner. Debt As you can tell, I’ve got time on my hands here in was to be shunned and cash was king. my 100-year-old home, sitting by my wood fireplace To be expected, Harold’s idea of an exciting Fri- – started with Aubrey’s natural gas – but longing to day night was ham-hock and beans, cornbread and drive my little red convertible, fueled by “real gas” conversation with his older sister Fannie who lived made from Harold’s black gold, over to see the goo- three blocks from me in lethargic Lexington. She bers at Ruby’s or Sonny’s but, alas, both are closed. died just a few months ago, well past 90. Not to worry. There’s always Jo’s Pizza, where I The other wildcatter, Aubrey, believed in a by-prod- only get takeout. uct of oil production – natural gas – and he proved to Just proves some things never change, but I do be nimble, visionary and a magnet for money, espe- wish Harold was here. I just know he would buy. cially from Wall Street. Always has, even when he’s mad. His tastes ran to expensive wine, high-dollar art, Cal Hobson, a Lexington Democrat, served in the fast airplanes and record-busting monster wells in Oklahoma Legislature from 1978-2006, including the Midwest. Reserves and debt were both to be ac- one term as Senate President Pro Tempore. 10 • MAY 2020
COVER STORY The Fight To Ensure Safe Voting Amidst The COVID-19 Pandemic BY ARNOLD HAMILTON L ast month, attorneys for 24 Oklahoma groups tion is not intended in this matter.” sent a letter to the state Election Board sec- He didn’t have to wait long for an answer. retary, asking he lift the requirement that The next day, the League of Women Voters of Okla- absentee ballots be notarized in order to be homa and two at-risk voters – an emergency room counted. nurse and a 68-year-old cancer survivor with asthma “As you are aware,” the four-page letter to Paul Ziri- – filed suit, asking the Oklahoma Supreme Court to ax stated, “Oklahoma is currently in the midst of a lift the requirement during the pandemic when it is global pandemic … This small change … is simple, likely an unprecedented number of absentee ballots yet critically important to protect both public health will be cast. and Oklahomans’ fundamental right to vote.” “Oklahomans,” the suit said, “should not be asked Ziriax quickly rebuffed the request, insisting no- to risk their lives, or the lives of others, in order to tarization is “a key election security measure.” He exercise [their voting] right – particularly where, as then ended his seven-paragraph rejoinder by bluntly here, the Oklahoma election statues in no way de- directing further communication to the attorney gen- mand it.” eral’s office – “until you confirm in writing that litiga- Once again, rank-and-file Oklahomans have been THE OKLAHOMA OBSERVER • 11
left with no choice but to go to court to get their the public’s franchise is absentee voting. elected and appointed leadership to do the right thing Given the uncertainty around the pandemic, Okla- – largely because the Republican-dominated state- homans must take time now to request absentee bal- house hews to the discredited notion of widespread lots from the State Election Board. That also means voter fraud. state officials – legislators and Gov. Kevin Stitt – must The reality is, the GOP long has focused on mak- immediately take steps to provide more alternatives ing it more difficult for certain groups – think: eco- to in-person voting. nomically disadvantaged and minorities – to exercise That won’t be easy for Republicans wedded to the their voting rights. Why? Because they tend to vote voter fraud narrative. But a national health emergen- for Democrats. cy demands statehouse leaders make the health and This year, the COVID-19 pandemic threatens to safety of rank-and-file voters their No. 1 priority. make in-person voting dicey. Remember what hap- Above ideology. Above political calculations. Above pened recently in Wisconsin? Thousands in long red-meat sloganeering. lines, many waiting for hours, social distancing im- It isn’t necessary to wait for the state’s high court to possible, all because Republican-dominated courts act. The Legislature can quickly take steps to make refused to delay voting during the pandemic. absentee balloting easier. Here’s how: Remember, too, that one of the reasons for the cha- First, drop the notary requirement. Signing an ab- os was that poll workers – who tend to be older and, sentee ballot would be the equivalent of signing a le- thus, more vulnerable to the novel coronavirus – re- gal affidavit – the penalty would be perjury. fused to show up, fearing their health could not be Second, mail every registered voter a signature-only protected. absentee ballot – whether they requested one or not That same thing could happen in Oklahoma. Imag- – for every election this year. And include a postage- ine if turnout for the June 30 primary is higher-than- paid envelope for its return. usual, driven by the opportunity to vote on SQ 802’s Third, expand early voting – more dates and more Medicaid expansion proposal. Irony would not be lost polling sites, especially in urban centers – to avoid as that hordes risk their very health in order to vote on much as possible big crowds and long lines. an initiative that would expand health coverage to All three are easily done. Plus, there are myriad more than 200,000 of the state’s working poor. other tweaks that could help ensure public safety. The surest way to ensure public health and protect How about extending to all Oklahomans the right 12 • MAY 2020
our overseas military families have to request absen- dreds of millions in fed- tee ballots, even if they’re not already registered? eral pandemic relief are None of these proposals must be permanent. This headed to Oklahoma – a health emergency will pass. When it does, Oklahoma sliver of which could be can take a hard look at what worked and what didn’t. used to ensure safe, fair It’s likely state officials would not find any more prob- elections. lems than in the traditional in-person system. As the ACLU Oklaho- How can we be so confidence? Because five states ma’s policy and advocacy – Washington, Oregon, Utah, Colorado and Hawaii – director, Nicole McAfee, already successfully rely almost entirely on mail-in put it, “At the end of the ballots. day, you can’t put a price That is not to suggest there are no concerns. Jour- tag on a functioning de- nalist Greg Palast, who has investigated vote sup- mocracy.” pression for The Guardian, Rolling Stone and BBC-TV For more information, for 20 years, cited federal Elections Assistance Com- listen to the April 21 mission data that over a half-million 2016 ballots – Observercast: Medicaid 512,696 – were rejected and not counted nationally. Meets The Ballot Box at “But that’s just the tip of the ballot-berg of un- okobserver.org/observer- counted mail-in votes,” Palast reported. “A study by cast/ or wherever you MIT, Losing Votes by Mail, puts the total loss of mail- get your podcasts. in votes at a breathtaking 22%. Move to 80% mail-in voting and 25 million will lose their vote. “And not just anyone’s mail-in ballots are dumped in the electoral trashcan. Overwhelming, those junked are ballots mailed by poorer, younger, non- white Americans.” Why were so many ballots uncounted? Palast re- ports 100,000 were missing a signature – in many cases, the second voter signature required in some states. Another 100,000 were lost because of post- age due. And it’s unclear how many registered voters never actually received their ballots – experts say be- tween 4% and 20% of any mass mailing goes astray. All the more reason, argues ACLU of Oklahoma Ex- ecutive Director Ryan Kiesel, that state election offi- cials need to get started post-haste and make accom- modations to timely and accurately count what could be a massive upswing in absentee voting. “There must be an early processing of absentee ballots, as they are returned to the election board,” Kiesel argued in a March 26 letter to Ziriax. “This should include notice to a voter to make changes in the instance of a signature challenge, missing piece of information, or anything else that calls ballots into question. “While ballots should not tabulated until after polls close, the election board should do as much as pos- sible in advance to prepare to expedite that process, to give voters faith in the electoral results.” As of press time, the Oklahoma Supreme Court had not scheduled oral arguments in the League of Wom- en Voters’ suit. Democratic lawmakers are pushing for action when the Legislature returns to under-the- dome work the first week in May. There is little indi- cation, however, GOP leadership is inclined to take it up – especially with the high court involved. Statehouse leaders always can blame the state bud- get crisis for their failure to act. Yes, the state is en- during a $416 million revenue failure that forced it Available through Amazon and Barnes and Noble. For a signed to dip into Rainy Day Funds. It’s also true that hun- copy, send $20 check/cash to PO Box 458, Oilton, OK 74052. THE OKLAHOMA OBSERVER • 13
Does High Court’s Clean Water Ruling Offer Reason For Hope? BY JAN NEW O n April 23, the U.S. Supreme Court decided fractious election year remains to be seen. the case of County of Maui, Hawaii vs. Ha- This ground water as an intermediate conveyance waii Wildlife Fund, et.al. In a 51-page deci- of pollutants has been hotly contested and litigated sion written by Justice Breyer for the ma- with federal district courts variously upholding and jority, the court ruled the Clean Water Act requires a objecting to this interpretation. While the Supreme permit when a point source of pollution – an identifi- Court decision does not resolve definitional differ- able source – adds pollutants to navigable waters of ences, it signals to the federal district courts that the U.S. through groundwater, if the addition is the they must continue to grapple with the difficult is- “functional equivalent of a direct discharge” from the sue of surface waters under the influence of ground source into the navigable waters. water. They will not be able to dismiss polluters who Because the Ninth Circuit applied a different stan- willfully, or inadvertently, discharge pollutants to dard, the case against County of Maui was vacated ground water without the accountability of an NPDES and remanded with the inclusion of the stated stan- permit. dard. Whether critics will call it a non-decision in a Why is the decision important to the Oklahoma and 14 • MAY 2020
national coal ash disposal issue? In earlier Observers [“Coal Fired Plants … ” Jan. 2019 and “SCO- TUS Cases … ” May 2019], the environmental and public health concerns about coal ash expo- sure were discussed at the same time NPR and Frontline were air- ing a documentary, “Coal’s Dead- ly Dust.” At issue, the disposal process for coal combustion re- siduals [CCR’s]. These residuals include primarily fly ash and bot- tom ash, containing life-altering and life-threatening concentra- tions of silica and heavy metals, leading to respiratory diseases, neurological problems, and can- cers. Coal ash disposal is an enormous and growing ing the Coronavirus pandemic. problem. Though the total number of U.S. coal-fired In 2015 EPA published rules to regulate coal ash power plants had decreased to under 1,000 by 2007, as a “non-hazardous” waste under the Resource Con- the CCR’s remain – much of them stockpiled in more servation and Recovery Act [RCRA]. In June 2018 than 700 coal ash “units” consisting of mines and just before Scott Pruitt resigned as director of EPA, open, lined, and predominantly unlined pits or ponds, Oklahoma became the first state to be given authority some near navigable waters or streams, tributaries, over its coal ash program though this decision has and major rivers of the U.S. continued to be protested by environmental groups Since 2017 the current Administration in Washing- like the Oklahoma Chapter of the Sierra Club, New ton has consistently delayed and deregulated numer- York-based Waterkeeper Alliance, and a Miami-based ous environmental protections – some of these to non-profit agency, LEAD Agency Inc., which focuses advantage the coal industry. The efforts to delay or on the Grand River Watershed. Their united concern deregulate the coal industry continued to take place expressed in Nov. 2018 was that Oklahoma Depart- even during the impeachment hearings and now dur- ment of Environmental Quality permits did not safe- guard human health and the environment from coal ash. These three entities filed lawsuits in in the D.C. District Court. In June 2018, Earthjustice and the Environmental Integrity Project documented four Oklahoma coal ash dumpsites where groundwater had been contami- nated by unsafe levels of one or more of the following coal ash pollutants: arsenic, boron, cobalt, lithium, molybdenum, radium, selenium, and sulfate. On be- half of the other Oklahoma entities, Earthjustice filed a lawsuit in D.C. District Court against EPA to block them from transferring federal oversight of toxic coal ash disposal in Oklahoma to ODEQ. The Oklahoma program runs directly counter to a federal court ap- peals court ruling the same organizations won that bans unlined toxic coal ash ponds from continuing to operate. According to a Nov. 5, 2019 article in the Oklahoman the Earthjustice case is still pending. Beginning in 2017, with the selection of Scott Pruitt as EPA administrator and continuing through An- drew Wheeler’s current tenure, EPA has been recon- sidering, revising, replacing, repealing, rolling back, delaying, postponing, and generally deregulating coal ash and other protections affecting coal and other in- dustries. Among those actions, EPA: • was directed to review the Clean Power Plan in March 2017, still being dismantled by Wheeler who THE OKLAHOMA OBSERVER • 15
is redefining health risks in preparation for CPP roll- able energy, the U.S. and the world at large are still back; very reliant on fossil fuels. At least 85% of my an- • issued a stay on the Effluent Limitations Guide- nual electric bill is based on oil, coal, and gas. While lines Rule for certain steam electric power plants in renewables have made progress, world consumption April 2017; by source appears in the graph in this article from • closed a very short public comment period on Wikipedia’s “World Energy Consumption.” a proposed rule to eliminate protections for half of In the interim, as we commit to better solutions in America’s wetlands in April 2019; the United States, we cannot ignore 200 other coun- • published a questionable guidance in April 2019 tries – many of whom are still scaling up their use of concluding that pollutants to groundwater were “cat- fossil fuels. egorically excluded from the Clean Water Act because Fortunately, another sign of progress is Duke En- Congress left this regulation to the states and other ergy’s recent decision to step away from continuing statutory authorities; lawsuits in North Carolina over a 2014 coal ash stor- • received an order from President Trump instruct- age breach that sent 70 miles of toxic sludge into ing the agency to further limit the time and informa- the Dan River. Settling out of court in January, Duke tion states would have to approve or veto polluting agreed to excavate nearly 80 million tons of coal ash projects in April 2019; and move it to dry storage. • replaced a rule now giving states more leeway in The coal ash and other energy problems are com- whether to require efficiency upgrades at existing mon to all of us; neither Republicans nor Democrats coal plants in June 2019; have all the answers, but we have made safe, plenti- • proposed issuing new rules in November 2019 al- ful, affordable energy production a partisan issue to lowing time extensions for unlined coal ash waste the peril of public health and the environment. All of ponds up to eight additional years; us will pay for the solution or its avoidance – one way • along with the U.S. Army Corps of Engineers final- or another. ized in January a controversial new rule redefining Until we understand this and are willing to commit the term “Waters of the United States” [WOTUS] un- to our mutual responsibility as stewards and conser- der the Clean Water Action; and vators of earth’s resources, it will continue to matter • 9] announced repeal of a rule requiring coal plants who you vote for – at every level of government. Your to cut back emissions of mercury and other human vote counts. health hazards, and limiting future regulation of air Jan New is a retired public administrator for munici- pollutants by petroleum and coal plants in April. pal, state, and federal programs, private industry, Is there reason for hope? and national trade association program develop- While we all want clean air, clean water and afford- ment. Remembering Jay And Madeline Carwile With the recent pass- server even after they moved to Wichita, KS and the ing of Jay Carwile, we at Troys passed the baton to the Hamiltons in 2006. The Observer not only They continued to offer wise counsel and encourage- bid farewell to a dear ment and gifted Observer subscriptions to others. friend, but also to one of The last time we visited with them in person was our original subscribers. in 2018 at The Observer’s Evening With Dan Rather Jay and his wife of 72 at the University of Central Oklahoma Boathouse in years, Madeline, who OKC. died in January 2019, Madeline adored the veteran CBS Evening News were truly part of the anchor and was thrilled, after all these years, to fi- DNA of our feisty journal nally be able to personally of commentary. thank him for unwaveringly Their love for and de- reporting the truth about the votion to The Observer Vietnam War. was born of a bond forged more than a half century The Carwiles are survived ago with our founding publisher and editor, Helen by seven children and 19 and Frosty Troy, when the couples and their children grandchildren. lived in Midwest City. Jay and Madeline embod- It also reflected their core values, including an un- ied the Greatest Generation. wavering commitment to social justice and fairness, Jay, who was 97, will be laid to faith, family and friends, and to a nation both to rest alongside Madeline in served during World War II. Arlington National Cemetery The Carwiles remained an integral part of The Ob- at a later date. 16 • MAY 2020
Rewarding Success With Risky Behavior BY GARY EDMONDSON About 30 years ago, my doctor told me that I gets us back to my dieting reference. needed to lose about 40 pounds. “Tommy, if I lost 40 Since citizen-generated responsible isolation and pounds, I’d be dead.” self-distancing has been successful, our governor Regrettably, my subconscious registered his wise decided to reward Oklahomans by opening up the words as a challenge. Instead of losing 40 pounds – state for business again against the state’s own or even five – I gravitated in the other direction, to medical evidence. Barber shops, nail salons and pet such an extent [expanse?] that dieting – well, trying groomers were given the state’s green light on April to diet – became somewhat of a constant in my life. 24. “Restaurant dining rooms, movie theatres, gyms I know the diet routine all too well. Strive and de- and other businesses could open as soon as May 1,” prive all week, and then reward all of that hard work as reported by Chris Polansky of Tulsa Public Radio. with a weekend of “rewards” such as ice cream, Polansky’s report came April 23, and centered on pastries, over-indulgences of all kinds. doubts from the medical community about Stitt’s Then start all over the next Monday. plan: Ignoring the non-action of Gov. Kevin Stitt, who “The president of the Oklahoma State Medical As- was cavorting about and eating out right up until he sociation said Thursday that he is not confident that finally issued wishy-washy guidelines, most Okla- Gov. Kevin Stitt’s plan to begin reopening the state’s homans – watching the coronavirus devastation in economy on April 24th is a good idea. other states – started self-isolating and self-distanc- “‘We think it’s probably premature,’ said Dr. ing long before any restrictions were put into place. George Monks. ‘It’s probably a hasty or overambi- Some cities have been better led than others, tious plan to open up this soon.’ which blatantly put profits ahead of public safety. “Monks said that the criteria issued by the Trump But, as a whole, individual Oklahomans acted re- administration for when to begin reopening states sponsibly. We have not experienced the massive include at least two weeks of declining cases of onslaughts of states on either coast. [The Boston COVID-19, the disease caused by the novel coronavi- Globe recently published 16 pages of obituaries.] rus. He said that the state is actually seeing growth But that doesn’t mean we have beaten COVID-19. in the spread of the virus, citing the Oklahoma State It’s out there. If it gets a foothold in the state, we will Department of Health’s own released data. see ever higher sickness and death totals. Which “‘There’s definitely not a two-week downward Book Chronicles Medal Of Honor Recipients A retired Oklahoman re- to the Oklahoma Military Heritage Foundation, which porter has written a book identifies Oklahoma war heroes and inducts them about Medal of Honor re- into the Oklahoma Military Hall of Fame. cipients with ties to Okla- The Oklahoma Military Heritage Foundation con- homa. tinues to search for other Medal of Honor recipients The book by Henry- with Oklahoma connections to honor them with rec- etta native John Greiner ognition and induction into the Oklahoma Military is Oklahoma’s Medal of Hall of Fame. Honor Recipients: Stories Greiner was born in Henryetta where he grew up, of Outstanding Courage graduating from Henryetta High School in 1960. Through the Years. He attended the University of Oklahoma, graduat- The book has been pub- ing with a bachelor’s degree in Journalism in 1964. lished by New Forums He worked 42 years for The Oklahoman in Oklahoma Press in Stillwater as part of The Oklahoma Military City. Heritage Foundation Pathfinder Series. He is a retired Colonel who served in the Panama Greiner’s book traces Medal of Honor recipients Canal Zone and later in the 95th Division, U.S. Army from the Civil War, the Indian Wars, the Philippine In- Reserve, and Oklahoma Army National Guard’s 45th surrection, the Boxer Rebellion in China, World War Infantry Brigade, both headquartered in Oklahoma I, World War II, the Korean War, and the Vietnam War. City. Proceeds from the sale of the book are dedicated The book is available on Amazon for $16.95. THE OKLAHOMA OBSERVER • 17
trend in any of these metrics,’ Dr. Monks said.” He said that on Thursday. On Sunday, on Fox Faux News, Stitt – as allergic to facts as the president – “claimed that hospitalizations in the state ‘peaked on March 30.’ However, he seems to be unaware that the greatest increase in re- ported COVID-19 cases came just five days before his appearance,” according to Sarah K. Burris of Raw Story. “Fox News host Chris Wallace asked Stitt about a recent com- ment warning against the reopen- ing from experts in his state,” Bur- ris continued, adding this quote from Dr. Monks: “‘Even without widespread test- ing, Oklahoma has seen an ongo- ing growth in the number of cases, hospitalizations, and deaths in the past week alone,’ said the president of the Oklaho- association opposing reopening.” ma State Medical Association.” Oklahomans have no natural immunity to CO- And our governor, who should have access to the VID-19. We have been spared its devastation because same state-generated facts as Dr. Monks, replied, “I we have been smarter than our governor in recog- don’t know exactly who that is.” nizing how dangerous it is and in prioritizing Okla- The Raw Story headline on Stitt’s preference for homa lives over profits. We would be wise to main- profits over people, his deliberate ignorance – as an tain these convictions – or we might find ourselves ignoring any sources that might thwart his goals snatching defeat out of the jaws of success. – summed up the situation, “Oklahoma governor Duncan’s Gary Edmondson is chair of the Stephens humiliated on Fox News when asked about medical County Democratic Party. Larason: A Champion Of Public Ed Former state Rep. Linda Larason, a champion of the T-Bar 12, the group that engineered the ouster public education who devoted her life to vulnerable of the House Speaker Jim Baker and election of Rep. women, children and families, died recently at age Steve Lewis. 72. Democratic Rep. Jason Dunnington, who currently A lifelong Democrat, Larason represented north- serves District 88, said Larason “made a career out west OKC’s District 88 in the state House from 1985- of protecting vulnerable women, children, and fami- 95. lies. Advocating for things like teen pregnancy pre- “When it comes to the history of Oklahoma’s fe- vention and equitable access to healthcare. male leaders, Linda Larason was a true titan,” said “House District 88 and the state, are better be- state Rep. Cyndi Munson, D-OKC. “I had the privilege cause of her fierce advocacy and service to all Okla- of being her representative before she passed away, homans.” and her drive to make things better never ceased. Former Democratic Rep. Debbie Blackburn, who “She will not only be remembered for the joy she succeeded Larason in 1995, recalled that “Linda’s brought her friends and loved ones but also for the votes were based on principle, not on what was pop- positive change she made throughout Oklahoma. I ular. will always be grateful for her belief and investment “She cared about the greater good, not just the in me.” few. Her proudest achievement was making Pre-K Before entering elective politics, Larason served as education available to all schools in the state she League of Women Voters OKC chapter president dur- loved. She had integrity.” ing the fight to ratify the Equal Rights Amendment. Survivors include her husband of 50 years, Tim, As a lawmaker, she co-authored the historic educa- two children, and a sister-in-law and brother-in-law, tion reform package, HB 1017, and was a member of Linda and Drew Edmondson. 18 • MAY 2020
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