Opinion: Missouri GOP Gutted Missouri’s Civil Rights Law

Senate Bill 43, signed by Gov Greitens, guts Missouri’s civil rights protections:

The governor’s signature on Senate Bill 43, for which Greitens had not publicly stated his support, will require workers who claim discrimination in wrongful-termination suits to prove that bias was the explicit reason they were fired. The current standard requires only that dismissed workers prove that bias merely was a contributing factor.

“I’ve met with passionate advocates on both sides of SB 43,” Greitens said. “I respect all of them. I’ve listened to every side. I believe we need to bring Missouri’s standards in line with 38 other states and the federal government.”

The new law applies a “motivating factor” standard for employment discrimination cases, which Greitens’ office said is in keeping with standards used by the U.S. Equal Employment Opportunity Commission in analyzing claims under the Civil Rights Act of 1964 and the Americans with Disabilities Act.

The measure changes Missouri’s whistleblower laws — including removing protections for state employees — and limits punitive damages for victims of workplace discrimination.

The bill also says employees can’t sue the individual who engaged in discriminatory actions. They can sue only the business itself.(KC Star)

The applies to all discrimination, not just employment. Housing, public accommodation, etc are all changed. As a gay disabled person this is troubling.

Despite high-profile opposition from civil rights groups, a personal friend and Democratic lawmakers, Gov. Eric Greitens approved a measure that will require people to explicitly prove their race, sex or other protected status actually motivated their boss or colleague to mistreat them to win an employment discrimination case.

[snip]

Missouri workers currently need only prove their protected status was a “contributing factor” to prevail in court. For example, if a Hispanic plaintiff is fired for being late for work while white workers show up late and aren’t fired, the Hispanic employee could ask a jury to compare the treatment and contend that race “contributed” to the boss’s decision.

Under the new law, which goes into effect Aug. 28, such an employee would need to meet a higher standard: The worker would have to show that race explicitly “motivated” mistreatment through, for example, written documentation of racist comments. (Post-Dispatch)

To  prove motivation in a discrimination case is nearly impossible.  Therefore, I applaud the National NAACP for backing the Missouri NAACP Travel Advisory, as a way to call attention to what is happening. They and other groups should boycott Missouri until this is reversed.

Readers were split in the recent Sunday Poll:

Q: Agree or disagree: The NAACP travel advisory is unnecessary and should be pulled

• Strongly agree 9 [23.68%]
• Agree 5 [13.16%]
• Somewhat agree 4 [10.53%]
• Neither agree or disagree 2 [5.26%]
• Somewhat disagree 0 [0%]
• Disagree 7 [18.42%]
• Strongly disagree 10 [26.32%]
• Unsure/No Answer 1 [2.63%]

Everyone reading this falls into at least one protected class, but your legal options to address discrimination will soon be limited.

— Steve Patterson

The Gateway Transportation Center Is Now Amshack #3

St. Louis’ first Union Station opened in 1875. but proved too small very quickly. The significantly larger Union Station we know at 18th & Market opened 19 years later on September 1, 1894.

The busy days of Union Station lasted through WWII, but then saw declines.

As airliners became the preferred mode of long-distance travel and railroad passenger services declined in the 1950s and 1960s, the massive station became obsolete and too expensive to maintain for its original purpose. With the takeover of national rail passenger service by Amtrak in 1971, passenger train service to St. Louis was reduced to only three trains a day. Amtrak stopped using Union Station on October 31, 1978; the six trains daily did not justify such a large facility. The last to leave Union Station was a Chicago-bound Inter-American. Passenger service shifted to an “Amshack” one block east, now the site of the Gateway Multimodal Transportation Center. (Wikipedia)

Ticket sales stopped inside the main building for a while, moving to a temporary building under the big train shed. But in 1978 service was moved to the first of two buildings commonly known as “amshack”. The first was a glorified portable building. complete with T1-11 siding.   The 2nd Amshack was of concrete block, opened in December 2004, still exists.

Amtrak service is in the Gateway Transportation Center, just East of Amshack #2, now used by Amtrak workers.

The Gateway Transportation Center is the City of St. Louis’ state of-the-art multimodal transportation hub. It is conveniently located in the heart of downtown St. Louis where Amtrak passenger train, Greyhound bus, and Metro light rail and bus service converge. This new facility provides passengers with a clean, safe, and friendly transportation center featuring 24-hour operations staff and security. (St. Louis Comptroller)

I was there on November 21, 2008 when St, Louis opened the new Gateway Transpiration Center with Amtrak & Greyhound bus. Megabus is a recent addition.

Since opening, I’ve used all three  — Megabus, Greyhound, and Amtrak. In the last 5 years I’ve had at least a dozen round trips from this facility. Most recently returning on Amtrak from Chicago on July 30th.

The Gateway Transportation Center is now, in my opinion, Amshack #3. It’s an embarrassing dump.

For at least 5 years the opener to the outside door leading from Civic Center MetroLink station hasn’t worked. Same with a urinal in the main men’s room. Our train from Chicago arrived about 15 minutes early on Sunday July 30th . The up escalator from the platform wasn’t working so everyone had to use the elevator up. Once over the tracks we needed to get down to the main station. The down escalators and elevator weren’t working — stairs were the only option. There were families with small children and I’m in my wheelchair. My husband goes down the stairs to see if anyone can help.

I knew a ramp existed at the East end of the platform, used ro drive golf carts up to assist those who can’t walk the distance. I make it to the employee parking lot but the elevator I need to get up to the station is the same one I couldn’t use to get down. The only option was to “drive” my wheelchair out of the parking lot, through the gate, to the street.

Though Amtrak is just a tenant, it would’ve been nice had they told me the elevator was broken as they got me off the train. I want to know why something is always broken at the Gateway Transportation Center. Is the Comptroller’s office incapable of managing the building? Is proper maintenance beyond debt and rent?

For many travelers this is their first experience in St. Louis. Welcome.

— Steve Patterson

Sunday Poll: Is The NAACP Travel Advisory For Missouri Necessary?

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Recently the National NAACP recognized a Missouri NAACP travel advisory issued in June, relating to SB43, which changes the standards used in discrimination lawsuits. Governor Greitens signed the bill into law.

The organization is circulating a travel advisory after the state passed a law that Missouri’s NAACP conference says allows for legal discrimination. The warning cites several discriminatory incidents in Missouri, included as examples of “looming danger” in the state.

The NAACP says this is the first travel advisory ever issued by the organization, at the state or national level. The Missouri conference initially published the advisory in June, and it was recognized nationally at the NAACP’s annual convention last week. (CNN)

Here’s more:

Black travelers in the state are “subject to unnecessary search seizure and potential arrest,” the Missouri NAACP warned.

“Race, gender and color based crimes have a long history in Missouri,” the original advisory stated. “Warn your families, co-workers and anyone visiting Missouri to beware of the safety concerns.”

The advisory wasn’t just prompted by concerns about safety on the road. At the time, the state’s Republican governor had not announced whether he would sign or veto legislation that the NAACP has described as bringing back “Jim Crow.” (NPR)

Today’s poll question is about the issuance of a travel advisory.

This poll will close at 8pm.

— Steve Patterson

Reading: Resilient Cities, 2nd Edition: Overcoming Fossil Fuel Dependence

One could argue that St. Louis is resilient to have survived major population and job loss, in the center of a stagnant region. The cities presented in a new book. Resilient Cities, are very different places:

What does it mean to be a resilient city in the age of a changing climate and growing inequity? As urban populations grow, how do we create efficient transportation systems, access to healthy green space, and lower-carbon buildings for all citizens?
 
Peter Newman, Timothy Beatley, and Heather Boyer respond to these questions in the revised and updated edition of Resilient Cities. Since the first edition was published in 2009, interest in resilience has surged, in part due to increasingly frequent and deadly natural disasters, and in part due to the contribution of our cities to climate change. The number of new initiatives and approaches from citizens and all levels of government show the promise as well as the challenges of creating cities that are truly resilient.
 
The authors’ hopeful approach to creating cities that are not only resilient, but striving to become regenerative, is now organized around their characteristics of a resilient city. A resilient city is one that uses renewable and distributed energy; has an efficient and regenerative metabolism; offers inclusive and healthy places; fosters biophilic and naturally adaptive systems; is invested in disaster preparedness; and is designed around efficient urban fabrics that allow for sustainable mobility.
 
Resilient Cities, Second Edition reveals how the resilient city characteristics have been achieved in communities around the globe. The authors offer stories, insights, and inspiration for urban planners, policymakers, and professionals interested in creating more sustainable, equitable, and, eventually, regenerative cities. Most importantly, the book is about overcoming fear and generating hope in our cities. Cities will need to claim a different future that helps us regenerate the whole planet–this is the challenge of resilient cities. (Island Press)

The contents show you the organization:

• Introduction. Urban Resilience: Cities of Fear and Hope
• Chapter 1. Invest in Renewable and Distributed Energy
• Chapter 2. Create Sustainable Mobility Systems
• Chapter 3. Foster Inclusive and Healthy Cities
• Chapter 4. Shape Disaster Recovery for the Future
• Chapter 5. Build Biophilic Urbanism in the City and its Bioregion
• Chapter 6. Produce a More Cyclical and Regenerative Metabolism
• Conclusion. Growing Regeneratively

Great subjects.

— Steve Patterson

Readers: Metro Right To Highlight County Police Covering Cameras

In the recent Sunday Poll nearly seventy percent of those who voted don’t by the statement frim St. Louis County police chief Belmer.

Q: Agree or disagree: Media coverage of County police @ MetroLink is a ploy by Metro to get police powers.

• Strongly agree 1 [2.78%]
• Agree 1 [2.78%]
• Somewhat agree 4 [11.11%]
• Neither agree or disagree 1 [2.78%]
• Somewhat disagree 4 [11.11%]
• Disagree 9 [25%]
• Strongly disagree 12 [33.33%]
• Unsure/No Answer 4 [11.11%]

I do think Metro would like to its own police force, I also think the officers caught spending hours in a substation, rather than be out on platforms, need to face discipline. Belmer too.

What I’m not sure of is of Metro should have police powers. The security guards on platforms and in trains are pretty useless, an argument for them getting police power. On the other hand, abuse of power can come with police powers. The St. Louis region is already highly fragmented. Missouri & Illinois granting Metro, aka Bi-State Development, police powers increases fragmentation.

— Steve Patterson