Iron Law of Prohibition at Work in Overdose Death Epidemic

72,000 overdose deaths is the latest Center for Disease Control estimate for 2017. It’s a huge number; more deaths than AIDS took in a single year. Beyond speaking of increasing support for vague “public health” measures, the New York Times story blamed substances more than policies for this painful failure.

But drug war opponents do blame criminal justice. It’s called the iron law of prohibition: the greater the intensity of law enforcement, the higher the potency of the drug. A former director of NORML in 1986, Richard Cowan, summed it up “the harder the enforcement, the harder the drugs.”

When alcohol was prohibited, beer and wine disappeared, and the bootleggers made gin often described with gallows humor as “bathtub gin” industrial alcohol mixed with flavoring in a tub that on occasion poisoned the drinkers.

Today the poison is fentanyl ordered on the internet from China and delivered in packages like the thousands of other items. Of course, if we had friendly relations with this emerging power we could negotiate restrictions, but under Trump such requests are impossible.

The kick this drug adds to heroin and lately to stimulants like methamphetamine and cocaine is an example of the iron law.  None of these drugs are made with any protection for the consumer. Different policies can produce different results.

In 2015, the European Monitoring Center for Drugs and Drug Addiction published comparative statistics for overdose fatalities. Portugal which decriminalized all drug use in 2001meaning drug users and their street level suppliers no longer fear arrest or police intrusions had 3 overdose deaths for every million citizens. The second lowest rate. Clearly decrim hadn’t caused the disaster of increased use and endangering children that the prohibitionist warns will happen if police are replaced by public health officials.

The European average overdose deaths per million was 17.3, the United Kingdom was way above average at 44.6, while for the Dutch it was 10.2

In the United States, using a different statistical base from the UN Office of Drug Control, in 2015 the death rate was 245.8 per million people between the age of 15 to 64 [https://www.statista.com/chart/9973/drug-related-deaths-and-mortality-rate-worldwide/].

August 31 is International Drug Overdose Awareness Day and the United States is pledged to increase treatment and access to overdose prevention medicines while also increasing police enforcement.

The iron law of prohibition suggests the increasing the intensity of law enforcement and implementing tolerant public health measures will conflict or an even create worst public health problem.

With desperate brevity, the current problem in the U.S. can be examined under this lens. In 2000 when doctor prescriptions for pharmaceutical opioids were high and before warnings spread that doctors oxycontin pills caused addiction, the pills were easily diverted. But 20-20 hind sight reveals opioid related overdoses were low during this unregulated era.  As restrictions on pharmaceutical supplies increased overdose deaths started to increase.

The overdose deaths examined in 2000 were traced to pharmaceutical pills, by 2010, pharmaceuticals were a declining cause while heroin was on its way up. People who formerly depended on pills had become injecting heroin users. In 2000 deaths from fentanyl were virtually non-existent by 2017 it was the major problem and what’s worse fentanyl is now mixed with meth and cocaine making these stimulants surprise killers. This is the paradox of the iron law, when pharmaceutical pills were easily found, there were overdoses, but history makes it clear the level of overdoses deaths were low, and public health measures could have kept this number down without any police involvement.

Today the drug war is renewed by alarm over overdose deaths, Sheila Vakharia Phd a Policy Manager at the Drug Policy Alliance reports that stimulants are a growing cause of overdose deaths. The CDC’s latest national overdose data [https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm] – for the period between December 2015 and December 2017, she wrote in an email, showed “cocaine-involved overdose deaths  went from 6,841 to 14,058 (over doubled) and methamphetamine-involved deaths went from 5,777 to 10,523 (80+% increase).” In NY state over the same period “cocaine-involved overdose deaths went from 354 to 690 (almost double- 95% increase) and methamphetamine went from 36 to 133 (269% increase!!).” This problem is not going away.

What should have been done around 2000 when it was discovered pharmaceuticals were being used by drug users was an intensive education campaign about how to recover from overdoses and instruction on how to minimize harm from using the pills.  A long-range strategy would also have looked at why these pills were becoming attractive to users while regulators attacked the false advertising of Purdue Pharma. One reason for the increase in addiction is that users thought pills were safer than injecting heroin.

This perception is correct but these pills being legal could also be controlled with relative ease and that is exactly what happened; the pills were cutback and users started injecting heroin and then dealers started cutting heroin with fentanyl and we really saw deaths explode reaching the 72,000 figure.

Enforcement also creates other problems. So-called synthetic marijuana, it’s plant matter that isn’t pot and why this is critical will become apparent shortly. What gets a person high is spraying a chemical, designed to mimic pot but never tested for safety, on the plant matter.

This is another way enforcement enters the picture. Synthetic marijuana is potent but cheap, $2/3 for a joint that can get a person high most of the day because one toke makes most people blasted. This makes it attractive to the homeless and it is also attractive to people on parole (who are often homeless) who are drug tested constantly, but because the chemical that is sprayed hasn’t been labeled illegal by the DEA and can be sold legally. And what this means if the parolee is drug tested, he or she is listed as clean. Surveillance of drug users follows the iron law, it makes user seek ever more dangerous and potent substances

Criminalizing a person’s intimate habits is a bad even fatal idea.

And let us conclude with a great leap of faith. Opposing the prosecution of users and their dealers is something that conventional politicians like Andrew Cuomo support reluctantly, while the inexperienced politicians like Cynthia Nixon and Zephyr Teachout are proving to be open minded about new methods of coping with drug use. From this perspective their inexperience becomes an asset.

Progressive Hell’s Kitchen Club Sticks with Cuomo

BY NATHAN RILEY | Right in Cynthia Nixon’s backyard, just weeks after the actor and activist announced her Democratic primary challenge to Andrew Cuomo, the Hell’s Kitchen Democrats — a progressive newcomer on the local political club scene — voted Thursday night to endorse the two-term governor for reelection.

The club held its first endorsement meeting for statewide offices April 5, and elected officials showed up to make personal pleas for support. State Comptroller Tom DiNapoli appeared and described the duties of his office, talking about leveraging his office’s control of the state employees’ pension funds to insist that corporations hire women and minorities for their boards of directors. He also talked about working with shareholder activists to press corporate America to abide by the Paris Agreement on climate change, despite President Donald Trump’s withdrawal of the US from it.

Club members had the chance to compare Lieutenant Governor Kathy Hochul and her primary opponent, Brooklyn City Councilmember Jumaane Williams. Hochul, who appeared on behalf of the governor, emphasized her record of supporting women’s issues including the right to choose in Republican districts in western New York State. She also argued that she and Cuomo are steadfast supporters of the long-stalled Gender Expression Non-Discrimination Act, a transgender civil rights measure, despite what she said was opposition from many upstate New Yorkers.

West Side’s newest Democratic organization supports all incumbents except IDC’s Marisol Alcantara

“I am laser focused on bringing our country back” from Trump’s reactionary policies, said Hochul, who reminded the club that 2018 is the 100th anniversary of the first time women voted in New York State elections.

Williams, for his part, promised to turn the lieutenant governor’s office into the state equivalent of the city’s public advocate role.

“I will speak against the governor,” he promised. “The emperor has no clothes” he argued, citing corruption and high rents as failures of the current administration in Albany. When questioned about a City Council bill that made it easier for transgender New Yorkers to change their birth certificates, however, Williams acknowledged that he abstained from voting on that citing concerns he had about a specific portion of the language in the measure. [Editor’s note: The original posting of this story incorrectly reported that Williams had voted “no” on the bill.]

Hochul, DiNapoli, and State Attorney General Eric Schneiderman, the only other statewide elected officials besides Cuomo, also received the club’s nod. Specific tallies from the secret ballot were not announced.

Despite the announcement this week that the renegade Independent Democratic Conference in the State Senate would abandon its alliance with the Republicans who control that chamber and rejoin the regular Democratic Conference, the Hell’s Kitchen Dems vowed to continue opposing IDC members facing primary challenges in September. The club endorsed former City Councilmember Robert Jackson in his challenge to Marisol Alcantara, who immediately joined the IDC after her 2016 election to a Senate seat representing the West Side. Jackson lost to Alcantara two years ago and is eagerly preparing for a rematch.

The club also endorsed four local state legislative incumbents — Assemblymembers Richard Gottfried and Linda Rosenthal and Senators Liz Krueger and out gay Brad Hoylman. Gottfried, Rosenthal, and Krueger each addressed the club.

This was posted on GayCityNews.com on April 6, 2018

Progressive Hell’s Kitchen Club Sticks with Cuomo

BY NATHAN RILEY | Right in Cynthia Nixon’s backyard, just weeks after the actor and activist announced her Democratic primary challenge to Andrew Cuomo, the Hell’s Kitchen Democrats — a progressive newcomer on the local political club scene — voted Thursday night to endorse the two-term governor for reelection.

The club held its first endorsement meeting for statewide offices April 5, and elected officials showed up to make personal pleas for support. State Comptroller Tom DiNapoli appeared and described the duties of his office, talking about leveraging his office’s control of the state employees’ pension funds to insist that corporations hire women and minorities for their boards of directors. He also talked about working with shareholder activists to press Corporate America to abide by the Paris Agreement on Climate Change, despite President Donald Trump’s withdrawal of the US from it.

Club members had the chance to compare Lieutenant Governor Kathy Hochul and her primary opponent, Brooklyn City Councilmember Jumaane Williams. Hochul, who appeared on behalf of the governor, emphasized her record of supporting women’s issues including the right to chose in Republican districts in western New York State. She also argued that she and Cuomo are steadfast supporters of the long-stalled Gender Expression Non-Discrimination Act, a transgender civil rights measure, despite what she said was opposition from many upstate New Yorkers.

West Side’s newest Democratic organization supports all incumbents except IDC’s Marisol Alcantara

“I am laser focused on bringing our country back” from Trump’s reactionary policies, said Hochul, who reminded the club that 2018 is the 100th anniversary of the first time women voted in New York State elections.

Williams, for his part, promised to turn the lieutenant governor’s office into the state equivalent of the city’s public advocate role.

“I will speak against the governor,” he promised. “The emperor has no clothes” he argued, citing corruption and high rents as failures of the current administration in Albany. When questioned about a City Council bill that made it easier for transgender New Yorkers to change their birth certificates, however, Williams was forced to admit he had voted against it.

Hochul, DiNapoli, and State Attorney General Eric Schneiderman, the only other statewide elected officials besides Cuomo, also received the club’s nod. Specific tallies from the secret ballot were not announced.

Despite the announcement this week that the renegade Independent Democratic Conference in the State Senate would abandon its alliance with the Republicans who control that chamber and rejoin the regular Democratic Conference, the Hell’s Kitchen Dems vowed to continue opposing IDC members facing primary challenges in September. The club endorsed former City Councilmember Robert Jackson in his challenge to Marisol Alcantara, who immediately joined the IDC after her 2016 election to a Senate seat representing the West Side. Jackson lost to Alcantara two years ago and is eagerly preparing for a rematch.

The club also endorsed four local state legislative incumbents — Assemblymembers Richard Gottfried and Linda Rosenthal and Senators Liz Krueger and out gay Brad Hoylman. Gottfried, Rosenthal, and Krueger each addressed the club.

This article was posted to GayCityNews.com on April 6, 2018

Cynthia Nixon’s Impressive Launch

BY NATHAN RILEY | Cynthia Nixon successfully opened her campaign denouncing Governor Andrew Cuomo as a man who cares more “about headlines and power” than about people.

“New York is my home. I have never lived anywhere else,” she says in her first ad. While identifying healthcare, mass incarceration, and the subways as key issues, she highlighted upstate poverty and economic stagnation, arguing that New York’s fundamental problem is income inequality: “Our leaders are letting us down, we are the most unequal state in the entire country.”

Her announcement drew a positive response, and it seems clear she will be taken seriously. The governor responded through surrogates who said the actor couldn’t do the job and, besides, it didn’t matter — she has neither the money nor the name recognition to overcome Cuomo’s incumbency advantages.

PERSPECTIVE: The Long View

But Harry Enten, a CNN commentator and contributor at Nate Silver’s fivethirtyeight.com, said Nixon could win. He pointed to Ned Lamont’s Democratic primary victory over US Senator Joe Liberman in 2006 — just six years after Lieberman, who began the race with at 65-to-19 percent edge over Lamont, was their party’s vice presidential nominee. (Cuomo, of course, is not saddled with George W. Bush’s Iraq War, as Lieberman was.)

The political class is quietly giving Nixon room to make her case. Gale Brewer, the Manhattan borough president, and Letitia James, the public advocate, have so far stayed neutral even as the governor worked to drum up endorsements. Media outlets across the state gave ample coverage to Nixon’s charge that Cuomo is a “bully,” often accompanying it with comments about his “hair-trigger temper.”

Scott Stringer, the New York City comptroller, released a report slamming the MTA for cutting back on off-hour service during the Great Recession but not restoring it in the years since 2010, inconveniencing hospital workers, building maintenance crews, nightlife employees, and other low-income workers who often work the night shift or have early starts. “The MTA runs 60 percent fewer trains citywide from 5 a.m. to 6 a.m. than it does from 8 a.m. to 9 a.m., and 38 percent fewer from 9 p.m. to 10 p.m.,” the comptroller’s report pointed out. Whatever Stringer’s intentions, the report undercuts the governor’s claim, eight years after taking office, that he inherited a deteriorating system. Nixon is expected to argue the governor used the MTA as a piggy bank for other projects — think of those three upstate ski resorts — shortchanging necessary maintenance and renovations.

Only forty percent of New Yorkers told pollsters they had heard of Nixon, but the other potential Democratic challengers mentioned — State Senator Michael Gianaris from Astoria and Syracuse Mayor Stephanie Miner — came nowhere near her in terms of name recognition. Cuomo well knows that the strongest candidate is challenging him.

The New Republic poo-pooed the claim Nixon is inexperienced — calling it “an elitist obsession with qualifications” — pointing out that being a citizen satisfied voters who elected New Jersey’s Bill Bradley, California’s Ronald Reagan and Arnold Schwarzenegger, and Minnesota’s Al Franken.

Nixon’s first Albany appearance on Monday displayed her qualifications, speaking at a news conference called by the Alliance for Quality Education, an activist group she has worked with for years dedicated to ending the gap between the school budgets of poor communities without large property tax revenues and those of model schools in well-to-do communities. She slammed legislative leaders and the governor for being a “boys’ club.” Cuomo’s budgets “bully our children and our families by shortchanging them, boxing them in by denying them the opportunities they are owed. It reminds me of the behavior we see from Donald Trump every day.”

Nixon’s wife, education activist Christine Marinoni, is registered as a member of the Working Families Party, which has close ties to organized labor. Marinoni’s registration, however, will bar her from voting in the September Democratic primary — a restriction that doomed Bernie Sanders’ campaign here — and in other states — in 2016. Working Families itself will no doubt have a heated debate about whether to back Nixon, the candidate who shares its values, or Cuomo, the incumbent who could punish affiliated unions the next time contracts are negotiated. Nixon on the November ballot, even not as the Democrat, could spell trouble for Cuomo.

Nixon will certainly promote herself as a proud user of city services: she takes the subway, she graduated from public schools, and lived in a fifth-floor walk-up with a single mom. Now she walks the talk and sends her teenage boys to public school. Cuomo loves his Corvette and is more likely to be photographed in the state helicopter than underground during rush hour.

The opening act in this drama promises a furious, hard-fought campaign where Democrats on the left will give vent to their hostility toward neo-liberal centrists. In a New York Times column, Ginia Bellafante wrote that Nixon will slam Cuomo for “too little investment in public schools, too little effort made at eradicating inequality, too much capitulation to big-moneyed interests and venal and corrupt state legislators.”

Stayed tuned.

Posted on GayCityNews.Com on March 29, 2018

The Democrats’ Elitist Obsession With Qualifications

“New York is a very blue state, and could easily elect a governor to the left of Cuomo. While Cuomo has a progressive record on the minimum wage, paid leave, and marriage equality, he has worked to keep the left in check and sided with Republican lawmakers to cement his power. As Clio Chang wrote at Splinter, Cuomo “has also worked to prop up the Independent Democratic Conference, a group of eight breakaway state Senate Democrats who caucus with Republicans, effectively giving them the majority. The Republican-led state Senate, with the help of the IDC, has worked to block progressive priorities on reproductive rights, immigration, and electoral reform.”

Jeet Heer writing in the New Republic: https://newrepublic.com/article/147588/democrats-elitist-obsession-qualifications

Cuomo attacks Nixon by hiring shills; Fake Stonewall veteran blasts Cynthia.

Two historians have written careful studies of the Stonewall Riots that gave gays and lesbians cover for coming out, casting off stigma and forming a community with political power. They provide no support to the idea that the Stonewall Veterans are real.

Yet this nebulous group grabbed a headline in the Daily News blasting Cynthia Nixon. The News is under no illusion that the group is made up of upstanding citizens, calling its leader “cohorts” and the bar Stonewall bar was happy to host a fundraiser for her, but nonetheless William Henderson blasted her for “ripping off” its history because the poor dear wasn’t invited to the event.

As Gay City News reported in 2015:

“In 2009, historians David Carter and Jonathan Ned Katz, the founder in 2008 and now a co-director of outhistory.org, an LGBT history site, obtained the police records of the riots. Henderson’s name is nowhere mentioned in those records nor do they refer to a Cadillac being towed from the scene. The records do contain a complaint made by a Volkswagen owner who said her car was damaged during the melee. Carter authored the 2004 book “Stonewall: The Riots That Sparked the Gay Revolution,” which is the definitive account of that event. The book does not mention Henderson nor does any other history of the Stonewall riots.”

Duncan Osborne’s investigation of William Henderson found other evidence that he was untrustworthy and associated with scams.  He has a history walking away from debts. He has used Stonewall Veterans to obtain funds from political campaigns for example to run political advertisements and there is no evidence that the ads ever ran.

Andrew Cuomo put his personal prestige behind marriage equality, he has lots of gay support, but the community is divided because Andrew Cuomo has also refused to raise taxes to spend on vital needs like education. He is so miserly that he has used numerous budget gimmicks, and let the police and District Attorneys continue their policy of harassing and arrest black and brown youth.

Cuomo’s is bruiser often deaf to idealism and appeals to our better nature. Now he is using surrogates to attack Cynthia Nixon so he is desperately afraid of a person who says, “New York is my home. I have always lived here.” A person who wants to New York to be safe home for all regardless of income, color or education.

This will be an election battle between the good and the vicious.

Duncan Osborne’s story from June 2015 in the Gay City News can be found on google.

Remember vote for Cuomo, not the homo? It’s back on very first day.

The New York Post, the Murdoch daily newspaper in NYC, caught Gov. Cuomo’s aide Christine Quinn baiting Cynthia Nixon for being an unqualified lesbian for her run to mobilize progressive Democrats against the Neo-liberal Cuomo.

A straight pol making that statement would have find her/his reputation destroyed.

Christine Quinn is herself a lesbian so perhaps she thinks it’s ok to make a person’s sexual orientation an issue in the political campaign. But for Nixon a mother of two,  the good news is that this ill-tempered attack will help her campaign.

When after years of waiting New York finally passed its state-wide gay rights bill in 1986, it caused scarcely a ripple.  One reason there was no backlash is that most New Yorkers thought it already was the law. In other words, “who you date” is a personal choice in this state.

That Quinn, a lesbian, should make a homophobic attack on Cynthia Nixon is no surprise. Quinn really doesn’t play well with others. Her fits of anger at gay leaders while she held the 2nd most powerful job in NYC–the leader of the City Council were legendary. In fact, Quinn was so annoying that when she ran for Mayor, she lost the LGBT vote.  It went to the current Mayor Bill de Blasio, a straight man whose wife had lesbian affairs.

Quinn’s blast at Nixon shows she can never learn. To make matters worst Quinn claimed that citizen activism does qualify a person for public office. Nixon, who played Miranda in Sex and the City, is a longtime activist, but Quinn “scoffed at the idea” that Cuomo “should tilt further to the left.”

It brought back memories of the 1977 mayoral race when Andrew’s father Mario Cuomo ran for Mayor against Ed Koch, a bachelor who lived in Greenwich Village. And flyers circulated saying “vote for Cuomo, not the homo.” When election day came Koch, the “homo” won.

Cynthia Nixon will appeal to the better angels of our nature and may well be the winner in the race for Governor. Christine Quinn just made her job easier.