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The Media Is Lying About Why North Carolina Is Being Sued

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North Carolina wants special rights to receive funding under federal contracts they’ve signed but that they’ve now declared they have no intention of honoring. Why hasn’t the mainstream media reported this?

Almost without exception, all news stories covering the U.S. Attorney General’s suit against North Carolina omits the rather significant fact that when North Carolina took federal money tied to the Violence Against Women Act (VAWA) and Title IX, they signed a contract with the federal government explicitly agreeing to not discriminate on the basis of gender identity. Unlike what you may have heard, this breach of contract is why North Carolina is being sued.

While the media has sensationalized this story by focusing on the North Carolina Governor’s talking points of “federal overreach” and “federal bullying” while blaming liberals in Houston, Texas for his actions against the trans citizens of North Carolina, the actual story doesn’t leave much room for the media to pander to the “transgender debate” trope. The actual story doesn’t allow the media to make the U.S. Attorney General’s suit ambiguous, about morality, or even what “gender identity” means. The reason for this is that the Republican Congress defined what gender identity meant in 2013. Moreover, the Republican Congress set the very gender identity nondiscrimination standards under which North Carolina is being sued.

It’s telling that the media seems unwilling or unable to tell the public what the Department of Justice (DOJ) told them during the press conference in which the DOJ suit against North Carolina was announced:

“We also bring a claim in the Violence Against Women Act, a more recent statute specifically designed to prevent discrimination against transgender people by entities that accept certain federal funds. As with Title IX, entities that accept federal funds under VAWA, including UNS and the NCDPS, pledged that they would not discriminate against sex or gender identity. Our complaint seeks to enforce that pledge and hold those entities accountable for the kind of discrimination required by HB2.”Â

– Vanita Gupta, head of the Civil Rights Division at the Department of Justice

Here’s why the U.S. Attorney General said Vanita Gupta’s division was filing suit against North Carolina:

  • “With respect to federal funding, the statutes we brought this lawsuit under do provide the opportunity to curtail federal funding under Title IX in the Violence Against Women Act.”
  • “The Violence Against Women Act specifically targets gender identity. The law and the case law around Title VII, Title IX, and the Violence Against Women Act clearly indicates HB2 is in violation of federal law.”

North Carolina is being sued by the Dept. of Justice because North Carolina willingly signed a contract with the federal government agreeing to not discriminate on the basis of gender identity and then announced that they were going to discriminate on the basis of gender identity.

Even though VAWA and Title IX funding comes with explicit prohibitions regarding discrimination on the basis of gender identity, North Carolina Governor Pat McCrory has claimed numerous times that Congress needs to figure out what gender identity means since they’ve not addressed it. Apparently Governor McCrory doesn’t know that in the very Congressional Act he took money from –the VAWA– the act spells all of this out.

Remember, a Republican Congress passed the following language and furthermore, a Republican Congress explicitly approved banning discrimination on the basis of gender identity:

No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, gender identity (as defined in paragraph 249(c)(4) of title 18, United States Code), sexual orientation, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ; 108 Stat. 1902), the Violence Against Women Act of 2000 (division B of Public Law 106–386; 114 Stat. 1491), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (title IX of Public Law 109–162 ; 119 Stat. 3080), the Violence Against Women Reauthorization Act of 2013 , and any other program or activity funded in whole or in part with funds appropriated for grants, cooperative agreements, and other assistance administered by the Office on Violence Against Women.

Even if a Republican Congress hadn’t passed the above language in 2013 (286 to 138), the VAWA explicitly states exactly who has the power to say who must be served with VAWA funding as an “underserved population”:

[U]nderserved populations means populations who face barriers in accessing and using victim services, and includes populations underserved because of geographic location, religion, sexual orientation, gender identity, underserved racial and ethnic populations, populations underserved because of special needs (such as language barriers, disabilities, alienage status, or age), and any other population determined to be underserved by the Attorney General or by the Secretary of Health and Human Services, as appropriate.

These are the rules Congressional Republicans set up and these are the rules North Carolina contractually agreed to play by when they took VAWA funding. When North Carolina declared that they’d refuse to honor their contractual obligations, the DOJ announced they would sue North Carolina.

With regard to Title IX, when the University of North Carolina took Title IX funding, they signed a contract stating that they wouldn’t discriminate based upon gender identity. In keeping with Title IX policy, the University of North Carolina has a Title IX coordinator. Her name is Elizabeth Hall. Here’s what the Department of Education’s 2015  Title IX Resource Guide for Title IX coordinators states:

Title IX protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination, including discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity. All students (as well as other persons) at recipient institutions are protected by Title IX—regardless of their sex, sexual orientation, gender identity, part- or full-time status, disability, race, or national origin—in all aspects of a recipient’s educational programs and activities. - Page 1

And

The Title IX coordinator should also help ensure that transgender students are treated consistent with their gender identity in the context of single-sex classes. – Page 22

Again, North Carolina knew exactly what it was agreeing to when it entered into a contract with the Department of Education to receive Title IX funding. The only actual story here is that North Carolina wants the special right to receive funding under federal contracts they’ve declared they’ve no intention of honoring.

If defaulting on federal contracts North Carolina knowingly signed is the actual story behind the DOJ’s suit, why is the media only interested in talking about “dueling lawsuits,”  the “transgender debate,” or how there’s ambiguity to the DOJ’s suit? If gender identity was codified into law passed by a Republican Congress, why is the media perpetuating the myth that Congress hasn’t addressed the issue of “gender identity” discrimination yet?

Â

Cristan Williams is the Editor-in-chief of The TransAdvocate and a trans historian and pioneer in addressing the practical needs of the transgender community.

This article was originally published at The TransAdvocate and is reprinted here by permission. 

Image: Screenshot via YouTube

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Watch: Fourth Grade Student Says Uvalde Police Told Children to Yell ‘Help’ – Shooter Shot One Child Who Did

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What appears to be an increasingly clear understanding of how police in Uvalde, Texas handled the Robb Elementary School mass shooting – by not going inside for at least one hour – is being made even more horrific by reported actions of police once they finally entered the school.

One fourth grade child spoke with local CBS affiliate KENS 5, describing what happened inside the school at one point.

The shooter “shot the next person’s door. We have a door in the middle. He opened it. He came in and he crouched a little bit and he said, he said, ‘It’s time to die,'” the boy told KENS 5.

“When I heard the shooting through the door, I told my friend to hide under something so he won’t find us,” the child, whose name is not being released, told KENS 5. “I was hiding hard. And I was telling my friend to not talk because he is going to hear us.”

“When the cops came, the cop said: ‘Yell if you need help!’ And one of the persons in my class said ‘help.’ The guy overheard and he came in and shot her,” the boy said. “The cop barged into that classroom. The guy shot at the cop. And the cops started shooting.”

(Transcript via KENS 5, video below appears slightly edited.)

Some have noted that since the 1999 Columbine, Colorado school shooting when 12 students and a teacher were slaughtered, police practice has been to storm the school to not give the shooter time to kill more children, and to allow those wounded to get medical attention to hopefully save more lives. That does not appear to have happened.

Presuming the child’s recollection is accurate, it appears one or more officers telling children to yell “help” may have led to at least one child being wounded or killed.


 

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CNN Reporter Refuses to Accept Texas Official’s Claims About Uvalde Shooting: ‘Why Don’t You Clear All of This Up Now?’

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There is an increasing concern among legal experts, security experts, and law enforcement experts about the way police in Uvalde, Texas handled the Robb Elementary School massacre where 21 people were shot and killed, and another 17 reportedly were wounded.

Two days after the mass shooting witness accounts, photos, and videos are circulating that appear to show police waited between 40 minutes and one hour before either entering the school or confronting the shooter, who was killed not by police but by federal agents on the scene. Some are suggesting that valuable time may have led to more death.

Law enforcement also appear to not have a grasp on exactly what happened, with numerous reports revealing some officers were focused on subduing not the gunman but parents desperate for police to take action.

There are also concerns that not only police inaction may have led to more death, but police action may have as well:

Former U.S. Attorney Joyce Vance, a well-known MSNBC/NBC News legal analyst rightly says “we’re clearly going to have to wait” for accurate information, but notes what the public is being told “Doesn’t make sense.”

One reporter apparently agreed that information being given to the public did not make sense.

CNN’s Shimon Prokupecz, who attended Thursday afternoon’s Uvalde press conference and was not ready to accept what he apparently felt was police stonewalling.

“You guys have said that he was barricaded,” Prokupecz said, referring to the shooter. “Can you explain to us how he was barricaded and why you guys cannot breach that door?”

“So, I have taken all your questions into consideration. We will be doing updates,” replied Victor Escalon, from the Texas Dept. of Public Safety, according to a Mediaite transcript. “We will be doing updates to answer those questions.”

“You should be able to answer that question now, sir,” Prokupecz, clearly not satisfied, responded.

“What is your name?” Escalon asked.

“Shimon Prokupecz from CNN. We’ve been given a lot of bad information, so why don’t you clear all of this up now and explain to us how it is that your officers who were in there for an hour, yes, rescuing people, but yet no one was able to get inside that room,” Prokupecz continued.

“Shimon, we will circle back with you. We want to give you the why. That’s our job. Give us time. I’m taking your questions back to talk to the team,” Escalon replied.

Watch:

RELATED: Questions Swirl About Uvalde Police as Photos, Videos, Witness Accounts Appear to Tell Story of Inaction During Massacre

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Questions Swirl About Uvalde Police as Photos, Videos, Witness Accounts Appear to Tell Story of Inaction During Massacre

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Barely days after 19 elementary school children and two teachers were shot to death by an 18-year old with two AR-15 style assault rifles, questions are swirling about the actions of local law enforcement, supported by video and photos apparently taken by those who were outside Robb Elementary School during the massacre. NCRM has not confirmed the authenticity of the photos or videos posted to social media.

“Frustrated onlookers urged police officers to charge into the Texas elementary school where a gunman’s rampage killed 19 children and two teachers, witnesses said Wednesday, as investigators worked to track the massacre that lasted upwards of 40 minutes and ended when the 18-year-old shooter was killed by a Border Patrol team,” the Associated Press reports.

“Go in there! Go in there!” nearby women shouted at the officers soon after the attack began, said Juan Carranza, 24, who saw the scene from outside his house, across the street from Robb Elementary School in the close-knit town of Uvalde. Carranza said the officers did not go in.

Multiple reports state police waited outside for those 40 minutes, or more, before taking action to neutralize the shooter. During that time, some have noted, it’s possible children who had been shot died of their wounds rather than receiving medical attention.

CNN’s Chief National Security Correspondent Jim Sciutto:

Veteran journalist Soledad O’Brien:

Indeed, additional reports appear to show not only did police not storm the school, for reasons yet unknown, they appear to have prevented desperate parents from doing anything to help save their children, even using force, including a taser, to stop them. And in one case (below,) from the account of one of the children who survived published by CBS affiliate KENS5, police action may have led to the death of one of the students.

VICE News reports “Texas law enforcement officials are being strangely opaque about what actually happened during the shooting at Robb Elementary in Uvalde, Texas.”

“When asked how much time passed between the gunman arriving at the school and the gunman being killed, Texas’ Director of Public Safety Steve McCraw offered an indefinite response.”

“Forty minutes, an hour,” he said. “But I don’t want to give you a particular timeline.”

VICE adds that “officers ‘were responsible’ for containing the gunman in a classroom, McCraw said. (Spokespersons for the Texas Department of Public Safety had repeatedly told news outlets earlier that the suspect barricaded himself into the classroom and immediately started shooting.)”

NBC News correspondent covering national security and intelligence Ken Dilanian:

Matt Novak, a senior writer at the tech site Gizmodo, posted these tweets:

This one is tragic:

Sawyer Hackett, a senior advisor to Julián Castro, the former Obama HUD Secretary and former Mayor of San Antonio, Texas, reposted these videos and offers some commentary:

Even this editor from the right wing website Daily Caller says “it appears the police did everything wrong once the shooter was in the room.”

 

 

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