The Doctor Is In: Schmoke Inches Toward His “Medicalization” Approach to Drug Reform

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By Van Smith

Published in City Paper, Apr. 13, 1994

With two recent political and legislative breakthroughs for Mayor Kurt Schmoke, Baltimore is becoming a model city for drug reform. In March, a $2.3 million federally funded Substance Abuse Treatment and Education Program (STEP), or “drug court,” began diverting nonviolent drug criminals from prisons to treatment programs. And on April 5, the Maryland State legislature passed a bill exempting Baltimore City from certain drug-paraphernalia laws and approving funding for a needle-exchange program called the AIDS Prevention Pilot Program. In a reversal of his earlier stance, Governor William Donald Schaefer supported the bill and is expected to sign it. The success of these two initiatives is a major priority for Schmoke, who is out to prove that what he calls a “medicalization” approach is the best solution for our multiple woes of drugs, crime, and AIDS.

The drug court and the rest of Schmoke’s immediate drug-reform measures appear to enjoy wide support here in Baltimore City. The City Council is almost unanimously behind the mayor’s initiatives. Baltimore’s public-health and drug-treatment providers, who stand to gain funding and stature from the initiatives, also generally approve of them. The new police commissioner, Tom Frazier, says needle exchange, the drug court, and expanded treatment will make his job easier. And of course Baltimore’s heroin and cocaine addicts – who make up about six percent of the population, according to Bureau of the Census figures – are all for it.

In fact, one gets the impression that the mayor’s local drug-reform agenda has been falling into place with relative ease. People tend to see needle exchange, the drug court, and expanded treatment as almost clinical prescriptions for treating the symptoms of the drug crisis.

It is Schmoke’s national long-term drug policy, with its overtones of decriminalization, that has attracted strong and vocal opposition.

By now, everybody knows that Schmoke advocates some form of drug decriminalization. To a lot of people, that strategy sounds so radical on the surface that they aren’t very interested in the details. For example, Lieutenant Leander Nevin, president of the Baltimore City Fraternal Order of Police, says the bottom line is that Schmoke “wants to legalize drugs and give away free needles,” and asks sarcastically, “It’s socialism, right?”

To Michael Gimbel, director of the Baltimore County Office of Substance Abuse, the details of decriminalization are insignificant compared to the impact of even talking about it. He sees a direct correlation between rising drug use in high schools and the whole debate over decriminalization, which Schmoke has persistently publicized for six years now.

“I think this whole discussion is more hurtful than helpful,” Gimbel says. “I have to deal with the kids today who believe in legalization only because the mayor or the rap group Cypress Hill said so. For the last ten years we have seen major decreases [in drug use] and changes of attitude. Now all of the sudden these kids are changing the way they looking at [legalization]. I have to deal with that, and I blame it on the legalization debate.”

Barring some undetected tectonic shift in public opinion over the last six years, Nevin and Gimbel are right in line with most Marylanders’ opinions of legalization. In 1988, The Evening Sun contracted a public-opinion research firm to survey a random sample of Marylanders over 18 years old to ask them whether they support drug legalization. The results were basically the same for Baltimore as for the whole state: less than 20 percent were for legalization, and more than 70 percent were opposed to it.

In spite of this opposition, Schmoke has high hopes for his long-term, national strategy, which he clearly does not want associated with the term legalization.

“My approach is not legalization, that is, the sale of drugs in the private market,” he told an audience of doctors and nurses at the Johns Hopkins School of Hygiene and Public Health in March. Rather, he proposes lifting a corner of the current blanket prohibition on illegal drugs by drawing addicts into the public-health system, where they could be maintained, if necessary, using drugs made available through a government market.

“The government, not private traffickers, would control the price, distribution, purity, and access to particular substances, which we already do with prescription drugs,” Schmoke told the audience. “This, mind you, would take most of the profit out of street-level drug trafficking, and it is the profits that drive crime. Addicts would be treated and, if necessary, maintained under medical auspices. In my view, street crime would go down, children would find it harder, not easier, to get their hands on drugs, and law-enforcement officials would concentrate on the highest echelons of drug-trafficking enterprises.”

Schmoke’s zeal for reform is coupled with a hardened distaste for drug prohibition.

“Drug prohibition is a policy that has now turned millions of addicts into criminals, spawned a huge international drug-trafficking enterprise, and brought unrelenting violence to many of our urban neighborhoods,” Schmoke said. “It was a flawed strategy when it began, and it is still a flawed strategy now.”

Legalization or not, the mayor’s approach is roundly dismissed by people who think any fiddling with drug prohibition would, as a sociobiologist might say, damage the antidrug “chromosomes” that have been grafted into society’s DNA sequence over the last few generations. One such person is Dr. Lee P. Brown, the director of President Clinton’s Office of National Drug Control Policy. In a statement on drug legalization last December, after U.S. Surgeon General Joycelyn Elders suggested that legalization would reduce crime, Brown commented that “[a]ny change in the current policy of prohibiting drug use would seriously impair antidrug education efforts, drug-free community programs, drug-free workplace programs, and the overall national effort to reduce the level of drug use and its consequences.”

Local opposition to Schmoke’s call to change national drug laws is every bit as pointed as the Washington establishment’s. Gimbel protests that decriminalization “is a real intellectual pipe dream, and it scares me because the mayor is very articulate in selling this program.” City Councilman Martin O’Malley, of the Third District, thinks it “just amounts to so much more intellectual bullshit.” Joyce Malepka, founder of the Silver Spring antidrug lobbying group called Maryland Voters for a Responsible Drug Policy, says, “There is no intellectual argument about legalizing drugs because anyone who is that short-sighted isn’t really experienced, and if that is the case, then there is certainly no business talking about it.”

One objection that Schmoke’s medicalization opponents make is that a prescription-based drug-treatment system for addicts would be ripe for abuse. Steve Dnitrian, vice president of the Partnership for a Drug-Free America, in New York City, argues that legal drugs are already abused and a wider array of them would lead to greater use and abuse.

“Take a look at the drugs that are already regulated medically, such as Valium,” Dnitrian says, by way of illustration. “Are they abused? Heavily. Medicalization would be the same thing. You would just be adding a couple of more flavors to the vast array of products we have right now to alter reality. If you make available a product that is not readily available, it is going to get used. Even people who favor decriminalization acknowledge that drug use would go up dramatically.”

Still, Schmoke has so far managed to buck the antidecriminalization establishment and remain in office. How has he done it?

One explanation is that his drug-reform strategy is multi-faceted and comprehensive, so many who oppose him on decriminalization or needle exchange agree with many of his other drug-reform ideas. For instance, his crusade for drug treatment on demand and the creation of drug courts is lauded from all corners, including by Malepka and Gimbel, President Clinton, and the antidrug advertising venture Partnership for a Drug-Free America.

Schmoke hasn’t got this far by smart policymaking alone, however. Part of it was political drive: he is on the line with this medicalization talk, so he has been campaigning hard to prove his is right; if he can’t, he risks losing legitimacy with the public. Frank DeFillipo, a political columnist for The Evening Sun, says, “Schmoke has a lot to defend. He is going to have to go out and defend that issue in the mayoral race, and there are compelling arguments against what he is advocating.”

On the mayor’s side are a significant number of individual legislators, doctors, lawyers, judges, and religious leaders – powerful people with connections to organizations that can effect change. Schmoke feels that the average voter may also be coming around to agree that we need a new strategy against drugs, crime, and AIDS, and that medicalization should be given a sporting chance. Depending on how he plays this issue during the upcoming mayoral campaign, Schmoke may bet his future in political office on that perceived trend. He has been making every effort to swing the Zeitgeist around. Given the poll-pending strength of his supporters, he just might be able to do it.

“My sense is that the majority of Baltimoreans may disagree with my conclusion about the need for medicalization and decriminalization,” Schmoke acknowledges, “but that they agree that I should raise this issue and am glad that I didn’t change my mind. And the overwhelming majority of people believe that the current approach is not working, but they are not sure which way we should go.”

Schmoke hopes to make medicalization an asset at the polls by plugging the effectiveness of the needle-exchange program and the drug court, although he is not sure the results will be in by election time. To bolster his position, he says he will stump medicalization as effective in its own right but even better when combined with community development and community policing initiatives.

“All those things add up to positive impacts,” Schmoke says, “and that is what I’m hoping will happen in the communities.”

Schmoke is confident that all of his attention to detail will pay off politically, because he is well prepared to discuss and defend his proposals. In short, he has a plan, so the burden of proof is on the opposition to propose a better one.

“I think that if somebody is going to raise it as an issue in the election and be critical of my positions,” Schmoke challenges, “then they are going to have to have an alternative, a substantive alternative that will be attractive to the citizenry.”

Mary Pat Clarke, Schmoke’s challenger in next year’s mayoral race, does not plan on making medicalization an issue in the election.

“It is not a local issue,” Clarke points out. “It can’t be solved locally. The real issue is the here and the now and the livability of Baltimore City. If it is an issue in the mayoral race, it will be so only because [Schmoke] makes it one.” The bottom line to Clarke is that medicalization “is not something that we can do [on a local level], it is only something that we can talk about,” and too much talk means too little action. “You can’t use these discussions as an excuse to abandon the treatment programs that exist today,” Clarke argues.

She has particular misgivings about Schmoke’s new STEP, or drug court, program, which has already enrolled more than a dozen addicts and plans to divert 600 nonviolent drug criminals to treatment in its first year. Although she supports the initiative, Clarke fears that the city’s troubled drug-treatment system is ill equipped to handle the new program.

“To talk about a drug court without a rehabilitated and refunded treatment system,” Clarke asserts, “is just to create another level of logjam, frustrations, and problems. Expanded and improved treatment is an imperative before we create a drug court and an entire new system that would fall to pieces without the backup required.”

Baltimore City State’s Attorney Stuart O. Simms, however, points out that funding for the STEP program will cover drug treatment for participants. Also, by freeing up prison space and court dockets, Simms estimates that “in one year, the cost savings of such a program will be $1.8 million.” This money can help fund an expanded treatment system.

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The STEP program is modeled after the drug court in Miami, where only about one in 10 participants have been rearrested during the year following their treatment. To better the chances of the defendants’ success in beating the monkeys off their backs, the STEP program, in addition to drug treatment, provides job training, academic services, life-skills programs, job placement, and other support. It is a one-stop shop for getting your act together. All you have to do is get arrested.

Richard Farr, a cocaine addict, says people might do just that in order to get the treatment they need.

“There are a lot of people out there now who want to get into a drug program, but they can’t,” observes Farr, “so I guess you got to get caught to get into a program. It doesn’t seem right, but it sounds like that’s what you got to do.”

State’s Attorney Simms urges addicts tempted to take this route to “contact the Baltimore Substance Abuse Systems [the city’s treatment referral system] and try to see if they can get involved through the city health department. That is painstaking, that is slow, and I agree that the answer is insufficient.”

Mary Pat Clarke is more optimistic about the mayor’s AIDS Prevention Pilot Program. The $160,000 program is designed for 750 to 1,000 intravenous-drug-using participants, who will be able to exchange dirty needles for clean ones on a one-for-one basis. Another $250,000 has been dedicated for approximately 100 drug-treatment slots reserved for needle-exchange participants. Schmoke expects a needle-exchange program in Baltimore to have results similar to one in New Haven, Connecticut, where needle exchange is credited with a one-third decline in the rate of new HIV infections.

“From a public-health perspective, it is rational,” says Clarke. “Like most of us, I obviously have my concerns about the message it sends, but I think that the public-health issues are imperative. I hope that it will be successful in Baltimore City.”

Baltimore City police commissioner Tom Frazier agrees that “needle exchange is a good thing both in terms of human suffering and public-health costs.”

Clarke and Frazier are joined in support of needle exchange by many experts in the medical community. The Baltimore City Medical Society and the Medical and Chirurgical Faculty of Maryland, the city and state medical societies, respectively, are both behind the measure as a way to control the spread of AIDS without increasing drug abuse. And Dr. Michael Fingerhood, assistant professor of medicine at Johns Hopkins and medical director of the Detox Inpatient Unit at Francis Scott Key Medical Center, says, “Most of the people in primary care who take care of people with HIV without a doubt are in favor of needle exchange.”

Dr. David Vlahov, associate professor of epidemiology at the Johns Hopkins University School of Public Health, who has been studying the natural history HIV infection among about 600 HIV-infected IV-drug users in Baltimore since 1988, is a fervent supporter of needle exchange. Vlahov points out that there are 39 needle-exchange programs operating in the United States, that there have been numerous studies of needle exchange, including studies by the Centers for Disease Control and Prevention and the U.S. General Accounting Office, and that the results are favorable.

“Looking across the date from a variety of different studies,” Vlahov said as he shared the Hopkins stage with Schmoke in March, “the results have been that needle-exchange programs do not encourage people to start drug use, they do not encourage current drug users to inject more frequently, they do not encourage former users to restart drug use, and they do not encourage needle sharing. So a lot of these concerns that people have had are thwarted by the data that have come forth from these studies.”

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The Governor’s Executive Advisory Council, which advises and reports to Governor Schaefer on public-policy issues, just plain disagrees. Last spring it submitted a “Presentation in Opposition to Needle and Syringe Exchange Programs” to the Governor’s Drug and Alcohol Abuse Commission, the body responsible for helping to form and implement the governor’s drug-and-alcohol-abuse policies. The report concludes that the evidence on needle exchange is shaky, and “the real risk of doing real harm is too great.”

The council argues, based on what its chairman, Marshall Meyer, calls “a lot of data, research, study, and common sense,” that need-exchange programs are not safe. The list of risks include sending the wrong message about drug use, causing increased drug use and conversion to injection drugs, assisting criminal behavior, subverting drug-treatment efforts, and increasing the likelihood of “needle stick accidents.”

The council also questions whether needle exchange will work. Focusing just on needles, the report points out, overlooks the roles that other injection paraphernalia and that unsafe sex play in transmitting HIV.

“Facilitating drug use, through the provision of needles, is not likely to result in safe sexual behavior,” the report states, so it concludes that needle exchange may exacerbate the spread of sexually transmitted HIV. Finally, the council noted “that needle exchange programs are having very limited success in reaching, and even less success in keeping, the highest risk users.”

Some representatives in Baltimore’s City Council are concerned not only about mixed messages regarding condoning drug use, but also that the needle-exchange program won’t work. Councilwoman Paula Johnson Branch, of the Second District, feels that “the concept is okay, if addicts would turn the needles in and use clean needles, but I don’t think that will happen. I don’t think addicts are responsible enough to do that.”

Councilman Nick D’Adamo, of the First District, agrees: “Needle exchange is iffy to me, because if a drug user on the corner is going to shoot up, I don’t think he’ll be looking for a clean needle. I think he is going to use whatever is there at the time.”

Tony Whiting, an IV-drug addict living in a homeless shelter run by Street Voice, an advocacy group for addicts, thinks the council members are wrong on this score.

“People will use brand-new needles if they have them,” Whiting insists. “Even the ones who don’t care want to use brand-new needles because they are easy to use, they don’t clog, and it makes the whole process a whole lot easier. Any addict would rather have a brand-new set than something used any day.”

Fellow Street Smart denizen and drug addict Richard Farr basically agrees with Whiting.

“Not everybody will go to get a clean needle every time, but the majority of them would,” he predicts. “Maybe if there was a place where they could go to get clean needles, then a lot of [needle sharing] would be eliminated. Not all of it, but a lot of it would.”

Whether addicts will use the program is not the issue for some people; the issue is the extent to which the needle exchange amounts to legalization.

“It’s a bizarre thing to do,” Joyce Malepka says. She argues that “it’s Draconian to give someone who injects heroin needles to continue that process. We see it as a giant step toward legalization.”

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Mary Pat Clarke feels that for now, Schmoke’s visions may be delusions.

“If he can help to improve and enlarge the treatment system in Baltimore City, I would support that,” Clarke says, “but the council has been looking at the current programs and is beginning to meet with [drug treatment] providers and explore the gaps. The providers are out there, underfunded and struggling to survive and handle their caseload, and it is a system in crisis. They are overloaded, they are underfunded, and the city has failed to supply an adequate system of coordination to really assist.”

At least part of the problem is the miniscule amount of funding that comes from the city itself for drug treatment: the figure hovers around $150,000 per year, or about one percent of the total drug-treatment budget for Baltimore City. Because of this meager contribution, some people believe that Schmoke is merely canting when he calls for more treatment.

“He’s been talking like this for so many years,” Michael Gimbel says, “but how much money has he put in his budget to back up his word that he really believes in treatment? Baltimore City gets millions right now from the state for drug treatment, and the city puts virtually nothing in. Yet he wants to go to Annapolis and say, ‘My top priority is needle exchange.’ Why isn’t his top priority treatment for everybody? That is hypocrisy. That is politics, so I can’t respect that.”

Politics or not, if Schmoke manages to get 10,000 new federally funded treatment slots, it will be a coup for the beleaguered Baltimore treatment community.

According to “Baltimore’s Drug Problem,” published by the Abell Foundation, which has funded or carried out many studies about local issues for the city government, “drug treatment experts in Baltimore City suggest that the number of treatment slots needs to be increased, conservatively, by three-fold.” Since there are currently 5,300 treatment slots, Schmoke’s proposal would almost meet the target.

The mayor is seeking a meeting with Clinton Administration officials to discuss his drug-treatment proposal. In the meantime, alternative funding may be found from two other federal sources: Clinton’s crime bill, if passed by Congress, will provide more money for drug treatment, and U.S. Attorney Janet Reno has created a new block-grant program that can be used for either policing or drug treatment.

“Both of those together don’t make up ten thousand [treatment slots],” Schmoke says, “but they would allow us to almost double the number of slot that we have now.”

Despite Schmoke’s optimism, the operable word when it comes to expanded federal funding for drug treatment in Baltimore City is if. And if Schmoke doesn’t produce the proposed treatment slots, then Baltimore’s addicts will continue queuing up on the treatment waiting list and continue to rob, steal, smoke, and shoot up until they can get effective treatment for their disease. According to “Baltimore’s Drug Problem,” on any given day there are about 730 addicts on the treatment waiting list, and only one out of 10 Baltimore substances abusers who want help can get it.

Since 1988, when Schmoke opened a national debate over drug decriminalization, he has done his fair share of talking about providing the help addicts need. Now he has started to take steps to do something about it. He is determined to prove that his medicine works, and if he stays in office another term, Baltimore is destined to be the testing ground.

Schmoke, casting himself as the good doctor, has donned the white lab coat and drawn up the syringe, and Baltimore, gravely ill from the combined effects of drugs, crime, and AIDS, is rolling up its sleeve to take the dose. But will the good doctor find a vein?

 

Around the Block: The Colorful Past, Controversial Present, and Uncertain Future of Baltimore’s Red-Light District

By Van Smith

Published in City Paper, Feb. 2, 2000

Our values have changed,” Joanne Attman proclaims.

Attman and her husband, Ely Attman, own the building at 425 E. Baltimore St., and are thus the landlords of Club Harem, a strip club in Baltimore’s red-light district, the Block. “There’s nothing wrong with sex,” she says in a telephone interview. “There just isn’t. It’s an adult thing, and as long as it stays an adult thing, that’s all that’s important.

“You know,” she continues, “we’ve come a long way, and people do not view sex as a bad thing if they can do all that’s on the Internet, do what they do on TV, and on the phone. So, as far as the Block, the Block is benign.”

The Attmans, like most of the owners of Block property and businesses, do not live in Baltimore City. Their abode, most recently assessed at more than $225,000, is in a new development in Pikesville. Being a nice, suburban couple, the Attmans probably don’t often come down to the Block and look around; as Joanne Attman says, “We don’t really pay any attention to it.” Like most landlords, they just get a check from their tenants and make the necessary improvements to their property. End of story.

But if the Attmans were paying more attention to what’s happening on the Block, they’d know that its problems have little to do with the morality of sex among adults. The area is besieged by negative publicity over drug dealing, prostitution, employment of underage dancers, and the threatening atmosphere some civic and business leaders contend the Block creates in the middle of the downtown business district.

If they were paying attention, the Attmans would know that last May four pipe bombs were found and defused in the Diamond Lounge, a few doors down from their Block property. They’d know that a club next door to their building, the Circus Bar, was ordered to sell its liquor license last October after a former doorman, convicted of dealing drugs from the club, told the Baltimore City Board of License Commissioners (aka the liquor board) that he thought it was “part of my duties” to sell cocaine from the bar. They’d know that in July 1998, the 408 Club was cited by the liquor board for employing two 16-year-old Baltimore County high-school students as dancers and using three rooms above the bar for prostitution. And they’d know that these incidents are just the tip of the iceberg. (For a fuller accounting of Block property owners and the records of businesses there, see “What’s Around the Block”.)

But Joanne Attman doesn’t want to hear about it. “That’s ludicrous,” she says of the idea that a Block employee considered drug dealing part of his job. “You can go anywhere and buy drugs anywhere in the city. You can buy them at school. They’re being sold everywhere. So to focus in on the Block is absolutely ludicrous.” She is adamant that the action on the Block is essentially harmless: “You know, most of the people down there are there to make a living and that’s what they’re doing–a clean living.” With that, the interview ends abruptly.
The way people make their living on the Block isn’t causing ripples just in City Hall and law-enforcement circles; it is fast becoming a divisive issue within the red-light district’s business community itself. Today, two separate entities–Baltimore Entertainment Center Inc. (BEC) and Downtown Entertainment Inc.–claim to represent the interests of Block businesses. Both groups, at least on the face of it, share the same goal: to clean up the Block’s act so that its businesses can work with city leaders to promote the district as a destination for tourists and conventioneers. But their respective members don’t see eye to eye on how to achieve that aim, according to Block sources.

Today, Baltimore Entertainment Center is effectively defunct, although it is still recognized by many on the Block as an ongoing concern. BEC was formed in February 1997 and until a few months ago was represented by Baltimore attorney Claude Edward Hitchcock, a confidant of former Mayor Kurt Schmoke. At the time the group was launched, Hitchcock said it represented a “new breed of owner and operator on the Block” that is “trying to become better citizens and better neighbors.” Hitchcock resigned as BEC’s attorney in September; the following month, the group forfeited its right to operate in Maryland due to its failure to file property-tax returns–a rectifiable situation, should the taxes be brought up to date. (Attempts to speak with Frank Boston III, reportedly BEC’s new attorney, were unsuccessful.)

Days after Hitchcock left BEC, Downtown Entertainment was formed, with Hitchcock as its lawyer and Jacob “Jack” Gresser–the owner of the Gayety Building, a Block landmark, and another former BEC guiding force–as president. Gresser says Downtown Entertainment wants “to go in the direction of a partnership with the city, in respect of getting involved in the conventions that are coming to town, where the city will advertise these particular businesses in their convention brochures and throw the business our way, if possible.” Ultimately, Gresser says, he wants the Block to become like Bourbon Street, New Orleans’ famous playground of vice. So far, eight to 10 of the Block’s two dozen adult-entertainment establishments have joined the new group, he says.

Gresser says the splintering of BEC occurred over the course of last year, culminating about six months ago–“That’s when we decided to go our different ways.” While he’s loath to speak for those who haven’t joined Downtown Entertainment, he says there are “two distinct, different views of how people want to run their business down on the Block. Everybody runs their business differently. Everyone has a responsibility to run their business properly. I would just like to see everyone get together and go in one direction. We really don’t need this diversification.”

That “diversification” has created to some bad blood. “This has not been a walk in the park,” Hitchcock says. “I mean, I’ve gotten calls here in the office on my voice mail, you know, the use of the ‘N’ word, and ‘Who the fuck do you think you are?’ and all. One guy who was a part of [Downtown Entertainment] got his windows bashed in–both in his business and his car–and his family got threatening phone calls over the telephone at home. I’ve gotten it all. I mean, this has not been easy.”

Neither Gresser nor Hitchcock will go into detail about the causes of the split. Other sources familiar with the situation, who spoke on condition of anonymity, are less cagey–they claim the split is between clubs that host prostitution and clubs that don’t.

“Apparently the difference is private rooms, no private rooms,” says one source. “If there are no private rooms, then you obviously can’t have prostitution on the site.” The clubs without private rooms are the ones moving into Downtown Entertainment, he says.

Sources say the new group also wants police officers currently on the Block beat rotated out. “The policemen around there have been around there for years and have a bunch of friendships,” one source says. “If you are there too long, familiarity can breed bad things.”

Hitchcock says Downtown Entertainment has “scheduled an appointment to talk with the new police commissioner [Ronald Daniel] to basically introduce this new organization to him, to give him a feel for what we intend to do, how we intend to run the businesses, [and] to affirm or reaffirm with him our willingness to be cooperative with the Baltimore City Police Department. In fact, we encourage the police department to be active–fair, but active–on the Block.”

Police spokesperson Robert Weinhold says Daniel “has had conversations with representatives from the Block” and recognizes that they want to make the red-light district as crime-free as possible. “We would expect the efforts of the Block representatives to continue, and that all of the establishments and the citizens who work there will be law-abiding in their business efforts.”

Eventually, Hitchcock says, Downtown Entertainment will seek a meeting with Mayor Martin O’Malley, but it has yet to broach the subject with him. For the time being, the new mayor’s approach to managing the situation on the Block remains a mystery. Despite assurances that he would grant an interview for this article, repeated attempts to set up such a meeting were unsuccessful. O’Malley’s press secretary, Tony White, eventually explained that the mayor has yet to formulate his opinions about the Block district and therefore would rather not discuss it at this time.

“Being the entertainment mogul that he is, he’s thinking about” the Block, White says, but this thinking “hasn’t come to fruition yet.”

It would be a stretch to suggest that contributions to O’Malley’s mayoral campaign last year will have a direct impact on his eventual stance. But several Block interests did pledge support for his candidacy, in all likelihood out of a desire to foster access to and good relations with their potent neighbor in City Hall.

Between July and October of 1999, Block interests donated $6,400 to O’Malley’s cause, according to campaign-finance reports. One of Gresser’s businesses, Custom House News, gave $1,000, as did PP&G, which co-owns the strip club Norma Jean’s and is headed by Pete Koroneos, secretary and treasurer of Downtown Entertainment. The law firm O’Malley worked for before he became mayor gave $2,000 to his campaign, and one of its partners, Joseph Omansky, has long represented Block interests. The remaining $2,400 came from other Block lawyers, owners, liquor licensees, and an accountant.
The Block’s generosity toward politicians is a long-established tradition–probably as old as the Block itself. The district sprang up almost immediately after the Great Baltimore Fire of 1904, with the Gayety Theater (opened in 1906 at its present site at 403 E. Baltimore St.) becoming its first landmark. Initially, penny arcades and vaudeville venues dominated, but after the repeal of Prohibition the area took off as a dense concentration of bars and burlesque houses.

During the World War II years and into the 1950s, the Block’s reputation spread nationally as striptease acts became the main attraction at many of the nightclubs and, as two out-of-town reporters wrote in 1951, “any and all forms of vice are tolerated and protected. There is a price for everything, and it’s not much.”

With all of the fun and money being generated on the Block, heat from law enforcement was turned up. Various congressional inquiries and grand-jury investigations fingered the Block as an organized-crime stronghold in the 1950s and ’60s, a place where the rackets, gambling and prostitution in particular, thrived and fueled corruption and violence. Even during its heyday–so romanticized by a legion of old-time Baltimoreans and local scribes–the Block was a dangerous place that spawned crime sprees and fear and trepidation among hand-wringing city residents.

If the 1960s were bad on the Block from a criminal-justice standpoint, the ’70s were much worse. Julius “The Lord” Salsbury, the acknowledged king of Block rackets, was finally convicted on federal charges in 1969, only to flee the country the following year. (Never brought to justice, he remains a legendary fugitive.) But with the end of Salsbury’s reign–and perhaps because of the destabilizing effect of his absence–came an era of unprecedented violence in the district. When crime fighters did try to put the screws to the Block, they often ended up embarrassing themselves: A 1971 raid by federal agents produced little in the way of convictions and made law-enforcement appear groundlessly zealous in pursuit of justice for Block racketeers.

With downtown’s renewal into a modern entertainment district, however, the Block gained a sense of legitimacy, due largely to rose-colored memories of its former glory and its faded Damon Runyonesque character. Then-Mayor William Donald Schaefer spared the Block from his wide-swinging wrecking ball as he rebuilt downtown, and in 1977 it received a special designation as an entertainment district. But the Block’s salad days were long gone; drugs and sleaziness continued to define its identity into the 1980s and ’90s.

As Schaefer moved from City Hall to the State House, his tolerance for the Block wore down. Late in his second term as governor, he ordered a four-month investigation of crime on the Block that culminated in a January 1994 Maryland State Police raid in which some 500 state troopers descended on the district and shut it down. Initially, the governor and his troopers made great claims–one drug kingpin and three distributors had been nabbed, an arsenal of guns had been confiscated, the back of criminal interests on the Block had been irreparably broken. But attempts to prosecute those arrested fell apart amid allegations of improprieties and faulty techniques among the investigators. Once again, law enforcement was left red-faced by its flawed attack on the tenderloin.

Schaefer’s raid occurred as his mayoral successor, Kurt Schmoke, was in the midst of his own attempt to put the Block out of his misery, by buying it out and relocating businesses. This economic attack failed, however–community leaders around the city feared porn shops and strip clubs would spring up in their backyards. Ultimately, after a flood of contributions to Schmoke’s campaign committee from Block interests in late 1996, a détente was reached. Fronted by the Schmoke-friendly Hitchcock–who had previously represented other downtown business interests that hoped to end the Block once and for all–Block operators received a respite as City Hall promised to await improvements promised by the newly formed Baltimore Entertainment Center.

The city held up its commitment, providing physical improvements such as new brick sidewalks in 1997, but so far the businesses haven’t held up their end of the bargain by substantially cleaning up their acts. If and how O’Malley reacts remains to be seen.

The mayor may still be forming his ideas on the future of the Block, but a new regulatory era is already underway. In November, the city liquor board started enforcing new rules that hold the threat of revocation of adult-entertainment licenses should club employees commit too many violations.

Hitchcock says Downtown Entertainment welcomes the restrictions. “We frankly saw it as tightening of the regulations in a fashion that we all agreed needed to happen,” he says. “We’ve had some very damaging rulings by the liquor board against some of those clubs down there. People are getting the message–you know, you do this stuff and you will lose your livelihood, period, end of story. You may be able to appeal it until it gets to some point of finality, but the liquor board’s not playing about this because they have taken on a responsibility and their credibility is on the line.”

Perhaps even more significant than the new regulations, from a business standpoint, is a January 1999 court ruling that full nudity is legal at adult-entertainment establishments that opened before 1993. The ruling arose when the Spectrum Gentlemen’s Club in East Baltimore appealed a nude-dancing violation and found a loophole in the law, which had been interpreted to require that dancers be partially clothed while performing. The decision was handed down by Circuit Court Judge Richard Rombro, in his last judicial act before retiring from the bench. (Unnoticed at the time was the fact that the judge’s nephew, Stuart Rombro, is an attorney who represents Gresser’s Custom House News.) Regardless, it’s been good for business on the Block.

Hitchcock downplays the ruling’s practical significance. “There’s no real difference,” he says. “I mean, yeah, rather than you put a little star on the nipple, you can take the star off now.” But he acknowledges that Baltimore strip clubs have become a “more marketable and a bigger revenue-generating business because you can basically say it’s nude dancing.”

And a more marketable Block is a boon for Baltimore, says City Council member Nicholas D’Adamo, a Democrat whose 1st District includes the Block and many other adult-entertainment venues.

“Let’s be honest,” asserts D’Adamo, who acknowledges that he patronizes Block establishments now and again. “Is it a plus for the city of Baltimore? I think it is. I think for out-of-towners to come to the city, it could be a stop on their agenda if they’re staying downtown.” He further maintains that Block businesses employ some 1,000 workers and should be recognized as job-providers.

Of the allegations of vice associated with Block clubs, the council member says, “I think the press has blown it out of proportion. Sure, there are problems down there. But I think there are problems in every bar. It’s just a matter of what you consider a problem. So why pick on the Block?

“You show me a person a week’s being killed on the Block, or a person a week’s being stabbed and almost died–you show me numbers like that, we got a problem,” D’Adamo continues. “But goddammit, there’s a lot of streets in this city that have these problems that are a lot worse than the Block. We need to address that first.” And, for the time being, it appears that’s exactly what the city’s going to do.

Nic Fit: Puffing Through the Great Vape Debate

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By Van Smith

Published in City Paper, Apr. 9, 2014

Image from http://vaping360.com/what-is-vaping/

Recently, I started huffing vapors produced by heating up compounds used in some types of antifreeze. If swallowed, the liquid I’m vaporizing can be poisonous, even fatal, especially to children. No one yet knows what the long-term health effects of inhaling this stuff will be, yet it is cheap, widely available, glamorized in advertisements, and almost completely unregulated by the authorities. In some major cities, all of Arkansas, New Jersey, North Dakota, and Utah, and a growing list of towns and counties, it’s illegal to huff this stuff wherever it’s illegal to smoke tobacco.

So why am I using it? It sounds strange, even counterintuitive perhaps, but I’m using it to improve my health.

It is called “vaping,” and the devices I’m using to “vape” are called electronic cigarettes or “e-cigs,” whose rechargeable batteries heat up “e-juice” to release vapors I inhale. The flavored e-juice I use in my new e-cigs contains nicotine, though not all e-juices do. The more I’ve vaped, the fewer cigarettes I’ve been smoking. My smoke-weary lungs have been feeling increasingly better as a result, though my decades-long nicotine addiction continues-for now.

The e-cig industry was hatched in China about a decade ago, and arrived in the U.S. in the mid-2000s. Its remarkably rapid growth has been happening so fast, it’s hard to track, but Wells Fargo Securities, in a series of recent reports put out by its “Tobacco Talk” survey team, now estimates it to be a $2.2 billion industry. The team predicts that it will reach $10 billion by 2017, and that by 2023, one of the biggest tobacco companies, Reynolds American, will realize $5.2 billion in e-cig revenue, compared to $3.1 billion it will reap from peddling traditional cigarettes.

Big bankers, in other words, are banking on the idea that e-cigs will be bigger than cigarettes within a decade. In Maryland, scores of retail vape stores and online e-cig businesses have sprung up in the past year, while three have opened in Baltimore City since last summer, with a fourth scheduled to open this month.

I followed e-cig media coverage for more than a year before making the leap. Navigating the rabbit hole of e-cig information is dizzying, as one is see-sawed from scary messages (Its ingredients are used in antifreeze! E-juice kills babies!) to rational claims that the technology reduces harm among cigarette smokers. While many questions remain about the long-term effects of inhaling the vapors from e-juice’s ingredients-propylene glycol (PG), vegetable glycerin (VG), and the flavorings infused in them-the ingredients themselves are common and approved as safe for use in food by the U.S. Food and Drug Administration (FDA). Both PG and VG are used in antifreezes designed to reduce harm from accidental ingestion, such as those used in machinery involved in food production. Nicotine, meanwhile, is a powerful and addictive stimulant that can be highly toxic, so the recent rise in reported poisonings from e-juice has prompted a media frenzy-and the widespread use of child-proof caps by e-juice makers and warnings by industry leaders that users should take smart, responsible steps to ensure e-juice doesn’t get ingested by children and pets.

The Centers for Disease Control and Prevention (CDC) on April 4 issued a press release saying that there have been 2,405 e-cig nicotine-poisoning calls to poison centers from September 2010, when there was one call, to February 2014, when there were 215, and more than half of them pertained to kids under 5 years old. To put this in context, though, poison control centers got more that 20,000 calls in 2012 alone about people poisoned by ingesting fluoride toothpaste, and almost all of them involved children 5 or younger.

Inhaled e-cig vapors have been shown in studies to have trace amounts of some harmful compounds-formaldehyde and acrolein, in particular-at levels far below those found in smoke from burning tobacco. As a review of such studies by Drexel University public health professor Igor Burstyn concluded last summer, “no evidence” currently exists that vaping exposes users to contaminants “that would warrant health concerns by the standards that are used to ensure safety of workplaces,” and “exposures of bystanders are likely to be orders of magnitude less, and thus pose no apparent concern.”

The FDA intends to regulate e-cigs by deeming them tobacco products under the Family Smoking Prevention and Tobacco Control Act of 2009, but the nine-step process of doing so is currently stuck on step four, as the White House Office of Management and Budget reviews whatever the FDA is currently proposing. In the meantime, the FDA says in a statement emailed to City Paper that “further research is needed to assess the potential public health benefits and risks of electronic cigarettes.”

The public-health community is divided on the issue. Some revered medical institutions, like the Mayo Clinic in Minnesota, advise against using e-cigs; Mayo says on its web site that “until more is known about the potential risks, the safe play is to say no to electronic cigarettes,” while pointing those who want to quit smoking to the “many FDA-approved medications that have been shown to be safe and effective for this purpose.” Other public-health experts see great promise in e-cigs as a safer alternative to smoking that can help people quit, often more effectively than other FDA-approved options.

Burstyn, in a recent interview with City Paper, says, “If all smokers switched to vaping, it would be the equivalent of them quitting, and it would change the world for the better, in my opinion.” He adds that “all serious scientists are pretty much in agreement that e-cigarettes are the way to go,” while public health professionals who say otherwise “are doing harm, clearly-every time a smoker doesn’t switch to e-cigarettes because of their advice. It’s smoking! One of the most harmful things we do, and so widespread. Their opposition to e-cigs is ideology, it’s not science, and in the end you need to listen to the quality of their arguments and use your own brain.”

In January in the Journal of the American Medical Association, an opinion piece by David Abrams of the Schroeder Institute for Tobacco Research and Policy Studies at the Johns Hopkins Bloomberg School of Public Health aired the same concerns about the risk of ideology trumping science in the public health community’s reception of e-cigs.

“If e-cigarettes represent the new frontier,” Abrams wrote, “tobacco control experts must be open to new strategies. Statements based on ideology and insufficient evidence could prevent the use of this opportunity before it becomes established as part of harm reduction strategy.” Regulatory overreach, he suggested, “might support the established tobacco industry, whose rapid entry into the marketplace and history of making potentially misleading claims of harm reduction could promote poly-use of all their tobacco products, and thus perpetuate sales of conventional cigarettes well into the next century rather than speed their obsolescence.” He added that “independent manufacturers of e-cigarettes could compete with tobacco companies and make the cigarette obsolete, just as digital cameras made film obsolete”-a prospect he calls “an extraordinary opportunity to end the cigarette century well before the 100th anniversary” of the first 1964 U.S. Surgeon General’s Report on smoking and health.

The controversy over the relative risks of e-cig versus cigarette use “makes no sense to me,” adds Michael Siegel, a physician and public health professor at Boston University. “I’d rather have people use a safer product than a dangerous one,” he tells City Paper in a recent phone interview, adding, “there’s no question [e-cigs are] safer than smoking.” He estimates that e-cigs are currently “saving maybe thousands or tens of thousands of lives” of people who are quitting smoking by using them, and adds that “it’s quite shocking to me, actually, when public-health advocates don’t applaud people quitting in this way. It’s the most promising innovation in my 25-year career.”

The just-released 2014 U.S. Surgeon General’s Report generally withholds judgment on e-cigs but allows that they are likely to be helpful as cigarette use-which the report blames for nearly 21 million premature deaths since 1964, and which, according to the CDC, was down from 42.4 percent of adults in 1965 to almost 18.1 percent in 2012-continues to be stamped out. “The promotion of electronic cigarettes,” the report states, “is much more likely to be beneficial in an environment where the appeal, accessibility, promotion, and use of cigarettes are being rapidly reduced.”

Convinced that vaping wasn’t going to kill me faster than cigarettes, and might actually prolong my life if I could successfully replace cigarettes with e-cigs, on Feb. 16 I went to the Vapory (thevapory.net), Baltimore’s first bricks-and-mortar “vape” shop on Preston Street in Midtown, and paid $57.46, taxes included, for a starter kit and two bottles of tobacco-flavored e-juice.

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The Vapory is in the basement of 19 W. Preston St., so customers step down from the sidewalk to enter the small shop. Its aquamarine walls are crowded with framed prints of old art. Arrayed on nearly all available surfaces are curios: Victorian statuary, skulls, a small bronze of William Donald Schaefer, and figurines of the RCA dog, a caped Robin, and the Super Mario Brothers. The wares for sale-vaping devices, some of them strikingly similar in appearance to the hyposprays made famous by Star Trek’s Dr. Leonard H. “Bones” McCoy, plus accoutrements like carrying cases and colorful tips and tanks, plus rows and rows of e-juice bottles-are in glass display cases. A small table and a couple of chairs are set up for sampling different flavors of e-juices. As if one needed to get more comfortable in this calm, cluttered, bohemian environment, there are two couches in the corner to settle into.

“All out of Thug Juice, but I’m getting more soon,” the Vapory’s owner, 49-year-old Adam Fordham, tells a customer. Flavored with grape, watermelon, and menthol, Thug Juice is one of Fordham’s best-selling e-juices, he says. Made by Bellingham, Wash.-based Mt. Baker Vapor, it’s one of the two brands he carries, the other being Richmond, Va.-based Avail Vapor.

Fordham, a heavyset dandy of a man with a shock of swept-back greying blond hair, used to be an incorrigible smoker. “I was two packs a day for 29 years,” he says, “and I was never going to quit, because I enjoyed it that much.” He first tried vaping, he says, “so I could smoke and drink at a bar,” and “I was very surprised that it replicated” smoking so well. Then “cheapness kicked in,” he continues, as “I saw how much money I was saving. And that’s what really did it for me-especially for someone who never had any intention of quitting smoking. So when that last carton of Marlboros had run out, I didn’t buy any more. And now I’m nearing my one-year anniversary of no cigarettes. I’ve had four drags since, and I couldn’t stand it.”

Fordham opened the Vapory on July 27, 2013, after a long career in what he calls “materials management and supply operations. My first job was as a stockboy at Woolworth’s, and I hardly ever left that. I did it for University of Maryland, did it for Johns Hopkins, and then I was working for a hospital that closed, so I was actually unemployed when I opened the shop. No one was answering my resumes, but I had a short little severance, and I saw how the business was growing, so I thought if I could find a decent space, I could open in time to be the first one in the city.”

The kit Fordham sold to me was manufactured by Shenzhen, China-based Innokin Technology Co. and included two rechargeable batteries, a USB cable and plug for recharging them, and five “cartomizers” that you fill with e-juice and screw into the sleek, black batteries. The cartomizers are clear tanks topped by form-fitting tips and wicks inside them that carry the e-juice to the battery, which, when you push a button to turn it on, vaporizes the e-juice, allowing you to inhale the fumes through the tip. When the cartomizer runs low on e-juice, you add more from the bottles.

The nicotine content of the 25 milliliters (ml) of e-juice I bought from the Vapory-18 milligrams (mg) per ml-means it is the nicotine-equivalent of approximately 375 cigarettes, since each cigarette delivers about 1.2 mg of nicotine (an admittedly rough estimate). Thus, for a little less than $60, I purchased the ability to vape about the same amount of nicotine as I would take in by smoking almost 19 packs of cigarettes costing about $7.50 each-or $140, give or take a few bucks.

This was clearly a huge bargain compared to smoking cigarettes, and the potential savings grew eye-popping as the weeks passed. In March, I went to Bmore Vapes (bmorevapes.com) on Light Street in Federal Hill-the second vape shop to open in the city-and purchased three 10-ml bottles of e-juice containing 24 mg/ml of nicotine, flavored to taste like rum, whiskey, and honey-infused tobacco. Their higher nicotine concentration means each bottle contains the nicotine-equivalent of 10 packs of cigarettes. The three bottles cost about $15, potentially replacing about $225 worth of smokes.

I added to my e-juice collection at Gypsy Vape (gypsy-vape.com), a recently opened shop just inside the Beltway on Route 40 West, by buying three 12-mg nicotine bottles flavored to taste like spiced tobacco, rum, and caramel coffee. Then I returned to the Vapory to buy three more cartomizers for another $15, so I could have eight cartomizers to match my eight flavors.

All told, I’ve spent a little over $100 to become a well-stocked vaper-and my e-juice supplies, which look likely to last me for months to come, contain the same amount of nicotine as roughly 1,275 cigarettes, or about 64 packs, which would have cost me in the neighborhood of $500.

I’m about six weeks into vaping now, and I’m still buying and smoking cigarettes. But the amount I’m smoking has regularly decreased as I’ve come to enjoy vaping more and more to satisfy my need for nicotine. Whereas I used to smoke a half-pack a day, usually a little more, I recently re-upped after taking five days to go through a pack. So I’m at about four cigarettes a day: one in the morning, two during the day, and one before bed. That’s puts me within reach of quitting entirely-which I now intend to do, since, unlike ever before in my long smoking career, it seems like a reasonably obtainable goal.

When I tell Fordham I’m still smoking, albeit less and less, he tries to encourage me by gently shaming me. “What’s the point?” he says. “Segue, dude, you gotta segue.”

Stories about customers who’ve successfully quit smoking start flowing out of Fordham. “I have one guy, he smoked as much as me,” he recalls. “He came in on my second day in business, and he hasn’t smoked since, and since then people come in because they know Larry quit.”

Asked to describe the demographics of his shop’s customers, Fordham says: “It’s like smoking, there’s hardly a demographic because it’s everybody-all races, walks of life.” And he’s clearly satisfied with the sociability of his new career. “I’ve definitely met a fascinating bunch of people since I started this,” he says, before telling an anecdote to illustrate the unlikely camaraderie that arises among those in the vape culture.

“I had one customer who was in here, a University of Baltimore law student,” Fordham recalls. “Then in came this artist who does drag once in a while, these MICA students, and there was a PhD candidate at Hopkins. They all came in about the same time, and everyone’s just really talking about vaping.”

“The UB student,” Fordham continues, “after everyone else left, he was like, ‘You know, I don’t think in any other social situation we would have had a conversation, even if we were in the same bar as each other, which is unlikely. But we’re all talking about this vape, and it’s completely different from the normal crowd I would have met. And these are all people who have started vaping and quit smoking, and almost every one of them is surprised, because they’ve all tried to quit before, and nothing ever worked. And when it works for them, they are very supportive of everybody else.'”

The most prevalent types of e-cigs, known as “cigalikes,” are sold at convenience stores and gas stations, with brand names like blu, NJoy, and Blaze, often in either disposable or rechargeable models. They cost about $5 to $10 each for disposables, or $20 to $70 for rechargeable kits, and offer fewer varieties of flavors, often packaged in cartridges rather than e-juice bottles for use in refillable cartomizers. So cigalikes are more expensive to use over time than the e-cigs sold at vape stores, which cater to those looking to customize their vaping experience with a variety of higher-powered technology and nearly limitless flavor options.

Despite the higher cost over time of disposables and fewer choices, some cigalike users have found them quite useful for quitting smoking. “I was a smoker for ten-plus years,” explains Adam Sahhar, captain of Urban Pirates, which runs playful excursions on the faux-pirate ship Fearless out of Fells Point. “Most days I would smoke a whole pack of cigarettes,” he continues, and “when I decided that I could no longer justify the cost, smell, and harm to my body anymore, I decided to try the blu disposable brand, to work my way off smoking. I stopped smoking cigarettes altogether within a week and have not lit up in over a month.” He adds that using blus “is cheaper and has saved me over $100 in one month.”

Sahhar’s experience with cigalikes may have once been more common than mine, involving cartomizers and a host of tasty flavors. But vape culture centered on what is purveyed online and at vape stores rather than cigalikes from convenience stores is a growing phenomenon. The Wells Fargo Securities team in late March estimated that roughly 60 percent of all e-cig sales is happening in this hard-to-track segment of the economy, and puts the number of vape stores in the U.S. at about 5,000.

In Maryland, the Legal Resource Center for Public Health Policy at the University of Maryland School of Law has tried to keep tabs on the growth of vape shops. Its deputy director, William Tilburg, says, “I don’t have a comprehensive list,” but “the list we have” amounts to “32 bricks-and-mortar shops around the state.”

City Paper‘s attempt to create a list based on new business filings at the Maryland Department of Assessments & Taxation (MDAT), where anyone starting a business goes to file incorporation or trade-name application papers, is also incomplete by necessity. But it indicates that the vape-shop explosion in the Free State is remarkably active-and that Tilburg’s crew has some catching up to do.

Joining the parade of newly forming Maryland vape businesses in March were the Vape Shop in Sykesville, the Vapor Kingdom in Glen Burnie, MD Vapor in Thurmont, Vaperista in Easton, the Vapor Vault in White Plains, Vapor Trails in Hagerstown, Vapeculture in Gaithersburg, Vape Puffin Stuff in Cheltenham, Vape Jungle in Owings Mills, and DC Vapor and Vapor VII in Germantown. In February, there was Gypsy Vape, Vape Exchange in Germantown, Vapor Worldwide in Bethesda, The Vapepad in Odenton, and Vapin Time in College Park. And in January came the Vaper’s Knoll in Pasadena, All Day Vapors in Reisterstown, Vapor-Tek in Elkridge, Vapestore USA in Essex, Vaper-Café Timonium, Vapor Gators in Stevensville, and Vaporrise USA in Hagerstown.

That’s 23 new vaping enterprises in Maryland since the beginning of the year, and is likely not the complete picture. In Baltimore City, for instance, sisters Margee Brooks and Monica Schubel opened Mystic Vape (mystic-vape.com) earlier this year on Falls Road in Hampden, becoming the city’s third vape shop. “These shops are popping up all over,” says Brooks, who was attracted to the prospect of opening one by Schubel, who quit smoking by using e-cigs. “I knew nothing about it before then,” Brooks continues, “but I came into this business saying, you know what, financially this is going to work. I believe in it.”

A fourth city vape shop, District Charm Vapory, is set to open on Washington Boulevard in Pigtown on April 11, according to an email from Rachel Alexander, who co-owns the business with Laura Greeley.

The pace appears to be picking up, since City Paper‘s MDAT business-filings search counted over 30 new vape businesses forming in Maryland in all of 2013. Last year’s new arrivals included the Vapor Hut in Oakland, the Vape Vine and Mean Street Vapor in Glen Burnie, Vape Bros in Ellicott City, the Vape Lounge in Bel Air, Vaping Apes in Forestville, Vape Social in Rockville, Great White Vape in Arnold, Vapor Jacks in Silver Spring, Vape Daddy in Damascus, and Vaporiot in Dundalk.

Clearly, Maryland’s vape scene is burgeoning as customers look for more choice and convenience. To Fordham, what he’s been seeing among his growing customer base is surprising: “It’s the closest thing to religious converts that I can think of.” He’s also surprised at his own transformation: “I never thought I’d be, like, turned into an advocate, you know, some kind of activist or something. I just didn’t see that coming.”

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“I never wanted to be an activist in my life, for anything. For anything. It never even crossed my mind,” says 43-year-old Ron Ward, an attorney who last year opened up The Vapers’ Edge, a vape shop in Parkville. “And then I started these things,” he says, holding up his e-cig, “and here’s the answer to a problem that I’ve been looking for my entire life. And within six months I was an activist, full on. It’s exciting, and being a vendor is very exciting. It’s like throwing the rope back over the fence for people, to help them find an alternative to smoking. And they’re thankful. I have people thank me during the course of the day.”

Ward is a board member of CASAA, the acronym for the Consumer Advocates for Smoke-free Alternatives Association, and now finds himself calling and writing legislators weighing how to regulate e-cigs. He did so in Maryland, urging the state not to institute a proposed ban on e-cig sales while supporting a measure to prohibit sales to minors, and both bills ended up how he’d hoped they would.

As vaping grows more widespread and acceptable, Ward says, “there is power in numbers. We’re very enthused” as the vaping community grows more organized. “Vapers aren’t like smokers,” he says, observing that, “when the smoking ban went down” in 2007 in Maryland, “there weren’t hundreds of smokers descending upon Annapolis to fight against these bills. Vapers are very enthusiastic and want to get involved. So the more vapers we have on board, the more numbers we have, the more we can fight these bans.”

Carl Phillips, a public-health scientist and longtime proponent of tobacco harm reduction who serves as CASAA’s scientific director, believes proposed bans and heavy-handed regulation that may threaten to undermine the e-cig industry are being aided by an inherent irony resulting from an important federal appellate-court decision in 2011 that essentially bars e-cig manufacturers from making claims that their products can help people quit smoking.

“It would be enormously beneficial if they could just tell the truth,” Phillips says, “but instead they have to resort to messages about how it’s a cool alternative to smoking. They are stuck advertising this way, and then they are criticized for using these marketing tactics.”

Boston University’s Siegel agrees, saying that allowing e-cig makers to “make a therapeutic claim is the best thing they could do, since it would allow these companies to inform consumers that they are safer than cigarettes, which is the truth. Instead, companies go to other tactics-how sexy it is, how you can use these where you can’t smoke.”

Siegel points out that “many decisions in public health are made in the absence of complete data”-a real problem for e-cigs since “they just came on the market and there hasn’t been enough time for thorough study yet”-yet “no one is claiming they have short-term effects, the only question is long-term effects, and it takes a very long time to establish what they might be.” New drugs are approved by FDA and “put on the market without any understanding of their long-term effects all the time,” he adds, so such decisions “often have to be made with uncertainties.” The bottom line, he says, is, “we should be doing everything in our power to combat smoking, and e-cigarettes are helping many, many people do just that.”

Here in Baltimore, Bmore Vapes owner Cornelius Sylvester says he’s seen it all when it comes to the controversies over e-cigs. He’s been in the business since 2009, when he started out working for Max Cigs, an e-cig company based in Texas, where he was living at the time. “Now that it’s popular,” Sylvester says, “everyone’s putting out so much misinformation, it’s crazy. Is it 100 percent safe? Nope, but nothing is. But is it safer? Is it a safe alternative? Yeah, it is.”

Sylvester and industry activists like CASAA’s Phillips and Ward agree that the e-cig industry needs regulation, but they’re worried that whatever gets put in place could threaten e-cigs’ availability to consumers whose health could be improved and lives lengthened by using them to quit smoking.

“There should be guidelines,” Sylvester says, “a lot of just basic regulations for this industry that would make everything so much simpler and promote safety.” He worries that, instead, “it’s going to be, take out as many small people like me as possible, replace them with electronic cigarettes in small pen styles from the big tobacco companies, and let the big pharmaceutical companies, who have rival quit-smoking products, do the dirty work and come down and wipe us out. All that’ll be left are the big tobacco companies, who are going to work with the FDA to do it this way, and pretty much take over the market.”

Time will tell whether Sylvester’s pessimistic vision turns out to be prescient or misplaced. In the meantime, though, his business is booming. He says he now has nine employees and will need more as he expands to a new, bigger location in Baltimore County, and another in the planning stages at Arundel Mills Mall. He says some small e-cig companies’ growth is staggering.

“I know one guy, I sold him his first e-cigarette in Texas,” Sylvester says. “Since then, he opened up his own store, doing online sales, and he did over $50 million last year. I’m like, wow.”

“The people you’re talking to are already the converts,” says Pamela Clark, a public health research professor who is director of the new University of Maryland Tobacco Center of Regulatory Science (UMD-TCRS), when I mention the raft of stories vape connoisseurs have told me about people quitting smoking by switching to vaping.

“They’re the born-again breathers, and they’re passionate,” Clark continues. “They’re the ones who show up and testify at government hearings. They’re really part of the subculture, and they go to vape fests and are technologically oriented and disdainful of cigalikes,” which increasingly are produced by big tobacco companies. “The tobacco industry is not involved with” the vape stores’ products so far, which she calls “very funky looking,” and she believes that “many of [their customers] were never smokers.”

She worries, though, that the rise in vape culture “may re-normalize smoking” thanks to “advertising on television,” turning back the ebb tide that cigarette use has seen for decades until now, when “it’s down below 20 percent of the population,” while also reversing the decline in teen smoking. On the other hand, she says, putting the brakes on e-cigs’ growth presents an “ethical dilemma,” because “a lot of people will anecdotally quit with them,” presenting a “problem of denying these things from people who want to quit.”

Clark, who says she got her first grant to study e-cigs in 2011, is guiding UMD-TCRS as it embarks on major new e-cig research funded last year by the National Institutes of Health in collaboration with the FDA. Some of the defenders of vape culture cited this forthcoming study when, in March, the Economic Matters Committee of the Maryland House of Delegates held a hearing on House Bill 1291, which sought to ban vaping wherever smoking is already banned by law in Maryland.

Cheryl Zolnierek, who goes by the nickname “Vape Mom” as vice president of Maryland Vapers (mdvapers.org), a group that hosts social meet-ups and an online community of vapers and vendors, asked the committee to “please, wait until this study is released, see what they have to say,” before passing an indoor-vaping ban. Lobbyist Bruce Bereano, representing the Association of Tobacco and Candy Wholesalers in opposing the bill, urged the committee to “await objective, concrete scientific facts and evidence before acting” and pointed out that Prince George’s County, which had been considering passing an indoor-vaping ban last year, decided it would hold off until the Clark-led study produced results.

The bill’s sponsor, state Del. Aruna Miller (D-Montgomery County), told the committee to “err on the side of public safety” and allow the proposal to go forward to a floor vote, since it’s “like the wild, wild West out there” with “no FDA oversight.” She claimed that “many of these studies that have been conducted” are “not conclusive” as to the risks of vaping, which may be a “gateway product” leading nonsmokers to pick up cigarettes.

Joining Miller in support of the bill was Donald Shell, head of the Maryland Department of Health and Mental Hygiene’s Cancer and Chronic Disease Bureau, who said that reported e-cig “nicotine overdoses” in Maryland had increased from seven calls in 2012, two involving children, to 11 in 2013, nine of them kids. He added that “we are not clear what the potential risk is at this time” from vaping.

Del. Melvin Stukes (D-Baltimore City) signed on as a co-sponsor of Miller’s bill, and says in an interview with City Paper that “nobody knows what’s coming from these things,” adding, “I did hear there are some things involved with the vapors that are hazardous.” Another co-sponsor, Del. Dan Morhaim (D-Baltimore County), who is a physician, adds that he’s heard e-cigs “help people quit” smoking, but “that’s not proven,” adding, “it’s always good to err on the side of caution until the facts are clear.”

But at the committee hearing, vaping proponents argued that enough is already known to avoid banning the convenient use of this promising smoking-cessation technology. “Vaping is 99 percent less risky than smoking,” said CASAA’s Phillips. The suggestion that “a bystander would be harmed” by vaping is “misguided,” he said, since the toxicity of vaping “is far below the level to create any health concern,” and “that’s the exposure to the user herself.” People who switch from smoking to vaping, Phillips continued, “are reducing their health risk almost as much as if they’d quit cold turkey,” and if Maryland law was changed to “take away that convenience” of vaping indoors in public places-like bars, restaurants, and even vape shops-“more people will keep smoking and die from it.”

Also testifying against the bill was Bill Godshall, the founder of SmokeFree Pennsylvania and a CASAA advisor, who said the bill, if passed, would “protect cigarette markets” by creating disincentives for smokers to start vaping, a practice that he estimates has “replaced about one billion packs of cigarettes in the U.S. in the past five years,” while “last year, U.S. cigarette sales dropped by 4.6 percent as e-cigarette sales skyrocketed to replace them.” The more vaping goes mainstream, the more it “denormalizes cigarette smoking,” Godshall argued, adding that just as e-cigs have burgeoned, “teen smoking has declined to record lows.”

Godshall’s teen-smoking point was meant to counter widely cited data from the CDC, which he mentioned to the committee, finding that high-schoolers’ e-cig use rose from 1.5 percent to 2.8 percent from 2011 to 2012. When these findings were released, CDC director Tom Frieden surmised publicly that they raise the specter that e-cigs are a gateway to cigarette smoking. But the CDC also found that 9 out of 10 high-schoolers who reported vaping were already cigarette smokers and that teen smoking overall had declined-facts they released belatedly, and which suggest that many vaping high-schoolers may be dual users on the road to quitting cigarettes or have already fully switched to vaping.

Boston University’s Siegel found CDC’s behavior in releasing its data in successive bites highly suspect, writing on his blog, The Rest of the Story: Tobacco News Analysis and Commentary (tobaccoanalysis.blogspot.com), that “CDC officials certainly had plenty of opportunity to let the public know that there was no discernible increase in cigarette smoking among youth concomitant with the observed increase in e-cigarette use,” and the fact they reported the former only after the media rippled with news of the latter, suggests they’ve come to “a pre-determined conclusion that e-cigarettes are evil.”

In the end, the Economic Matters Committee voted 19 to 3 to stop Maryland’s proposed indoor-vaping ban in its tracks. Bereano, in an interview after the vote, says it’s likely the majority struck the bill down “because they are sensitive to business and cautious about government regulation of business and business products,” especially since, given the reliability of information currently available, “they couldn’t call vaping dangerous and harmful.” Stukes, though, says that while the proposal is “dead for now, it will be back next year.”

“I smoked 31 years,” says Rick Willard, a 47-year-old retired Baltimore City cop. “I was doing almost two packs a day. I would raid houses with a cigarette in my mouth. In Edmondson Village, my nickname was the Marlboro Man. I always had a cigarette. I would chase a bad guy down the street for a couple of blocks, and I’d have to stop and smoke a cigarette to kick-start my lungs.”

Willard is telling war stories of his days as a chronic smoker while sitting in the lounge area of Gypsy Vape, a shop he recently opened with his longtime friend and fellow former Baltimore cop Kevin Hoff. “I tried the patch, gum, Chantix, hypnosis-everything you could imagine to quit smoking,” Willard continues. He discovered e-cigs about five years ago, he says, and “quit smoking 100 percent on January 17 of 2013.” He says he’s cut the nicotine content of the e-juices he vapes to 6 mg/ml, sometimes as low as 3 mg/ml, and “I could probably go to zero,” but, “I have no intention of quitting.” But “once you switch all the way,” he continues, “after a couple of weeks, you’re going to see a difference in how you feel. I could barely walk up a flight of steps without getting winded before. Now, I can run five miles. I feel better all over, my whole body.”

Hoff, a longtime Goth and Renaissance Festival enthusiast, says, “I vape no nicotine. I have no wish to vape nicotine, and half the vapers out there don’t vape nicotine.” He was “a hookah smoker before I got into vaping,” he explains, but grew worried about “what they put in that charcoal” used in hookahs, and “how much of that is still getting through the water filter.” So he switched to vaping-and now he enjoys something that may be the only aspect of vape culture that is controversial among vapers themselves.

It’s called “cloud chasing,” and it involves exhaling mass quantities of thick vapor, enough to fill a room, much like a theatrical fog machine can. Those who build the e-cigs that can do it have to be hard-core geeks about the vaping technology. When I ask Hoff what he uses to chase clouds, he says this: “I’m running a 20-gauge, four-wrap wire on an IGO-W drip atomizer that subohms at about anywhere from .06 to .13.” This is how cloud chasers talk.

Ron Ward, the lawyer with the Parkville vape shop, tries to be tolerant about cloud chasers. “I’m libertarian by nature,” he explains, so, “I have no problem with it at all.” But he clearly does, based on what he says next: “If you do blow industrial size clouds of vapor in public, it’s going to ruin it for the rest of us. It’s going to be what they point to when they say these things should be banned indoors, because people are being disrespectful. It honestly creates such an immense amount of vapor that it could be offensive to a lot of people. It’s offensive to me, and I’m a vaper.”

Cloud chasing “started in the Phillipines,” Ward continues, “I’d say it’s been a year and a half, and it’s become very, very popular. Culturally, it seems to be mostly young people and hobbyists, people in their 20s who like to rebuild things and want to build something that makes the most vapor.”

Or people like 48-year-old Hoff, who says he wore a blue Mohawk for part of his six years on the police force, and the last thing most people would think when looking at him is “ex-cop.” But Willard, who looks every bit the ex-cop, echoes Ward’s concerns. While cloud chasers “do it everywhere” because “it’s fun and they enjoy it,” Willard says, “sometimes people aren’t responsible. If they really thought about the future of vaping, they wouldn’t sit in a Chuck-E-Cheese and subohm and blow a cloud, because the perception of that cloud, after years of indoctrination of what smoke is, people don’t understand it. And then they get fearful for their kids.”

But the geek factor involved in cloud chasing is indicative of a larger theme in hardcore vape culture, one in which, unlike with people trying to quit smoking, nicotine isn’t really part of the picture.

“Probably 50 percent of our customers don’t even do nicotine,” Hoff explains. “A lot are people who were into hookahs, without nicotine, so we supply non-nicotine e-juice to a lot of people who just enjoy vaping, who just have a pastime where they sit around and socialize. Now, a lot of young people are going to vape shops the way, when I was younger, we used to bar-hop. It’s kind of like a hobby to a lot of people, and they go around and collect things, build things, look at things, collect the different mods, the different drippers”-component parts of high-end e-cigs that people build themselves, so they can control the ohms and voltage of the batteries and the amount of e-juice delivered.

“It’s a whole different subculture that is literally springing up overnight,” Hoff says. “I can’t remember a subculture that sprang up this quickly.”

But “our primary customers,” Hoff adds, “are people who want to quit smoking. They’ve tried everything. They come here, and we sell them just the basic kit to get started on their journey. And it works. They’re surprised that they’re not doing cigarettes anymore, and the thought of smoking turns their stomach.”

Hoff’s wife, Jennifer Langenfelder, pipes in: “One thing I don’t miss is smelling like a cigarette.” She was a pack-a-day smoker until the shop opened, three weeks earlier, and hasn’t had one since. “It’s gotten to the point where I can smell it on somebody, and it just makes me want to gag. You get to the point where it just smells and tastes disgusting.”

“That’s how we can tell if our customers are being honest or not about quitting,” Hoff concludes. “You don’t get that smell, you know it’s working.”

For now, I still carry that smell-though less so, given that I’m smoking only three or four cigarettes a day. I look forward to the day I can go to the Vapory or Gypsy Vape or Bmore Vapes, and they’ll notice I don’t reek.

The Quiet Revolution: Can Heather Mizeur Ride Maryland’s Wave of Progressive Politics to the Governor’s Office?

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By Van Smith

Published in City Paper, Jan. 15, 2014

Photo: commons.wikimedia.org

More than a quarter-century has passed since Maryland’s last truly competitive Democratic primary for governor in 1986, when Attorney General Stephen Sachs lost to Baltimore Mayor William Donald Schaefer. So this year’s polling on June 24 will be historic, simply because two statewide elected leaders – Lieutenant Governor Anthony Brown and Attorney General Doug Gansler – are on the ballot. Complicating their efforts to attract the most votes from Maryland’s roughly 2 million registered Democrats is a third bona fide candidate: 41-year-old state Del. Heather Mizeur of Montgomery County, a state legislator with sterling credentials as a Democratic Party activist.

City Paper met with Mizeur at the Starbucks on Church Circle in Annapolis to discuss her candidacy. The sit-down occurred on the first day of this year’s General Assembly session-apt timing, given Maryland’s increasingly apparent leftward leanings in recent years, passing laws to repeal the death penalty, ramp up gun control, extend marriage rights to same-sex couples, and grant in-state tuition to some undocumented immigrants.

While Brown and Gansler grapple, Mizeur’s candidacy seems to be tapping into this leftward trend by proposing to legalize and tax marijuana to pay for universal pre-K public education, to raise the minimum wage by nearly $10 per hour over the next decade, and to provide small-business tax relief while closing loopholes that let large out-of-state companies off the tax hook. The small-town Illinois native with working-class roots has toiled in the partisan vineyards since the 1990s: as a staffer for three Congressional Democrats; as domestic-policy director for then-U.S. Sen. John Kerry when he ran in the 2004 presidential election; as a Takoma Park city councilwoman; as a superdelegate to the 2008 Democratic National Convention; as a 2009 appointee to the Democratic National Committee’s executive committee; and as a veteran of seven (and counting) Maryland General Assembly sessions.

If elected, Mizeur would be many firsts for Maryland: the first woman governor, the first openly gay governor, and the first same-sex married governor. She would also be the first governor elected using the state’s public-financing mechanism for statewide campaigns, an arrangement that constrains campaign spending but opens up a funding level that might otherwise have been elusive, given the well-established money-pumping machines working for Brown and Gansler.

City Paper: The clock is ticking, with a June primary.

Heather Mizeur: It is, but we take a pause now for a 90-day legislative session with great expectations on what we can get done to make a difference in peoples’ lives. We seem to be unified in trying to increase the minimum wage, and I’m hoping we’ll also get paid sick leave and some small-business tax relief. We don’t have to have either-or economic policy. We can pay people a living wage and have paid sick leave while also providing tax relief to our small businesses as long as we close some corporate tax loopholes that are allowing a handful of multi-state companies to hide their earnings outside of the state and avoid paying any taxes. I think we’re going to be able to make some progress on marijuana policy reform and hopefully protect us from unregulated shale-gas drilling. It’s a big agenda.

CP: Does it change the dynamic, being a candidate running against the lieutenant governor and the attorney general during the session?

HM: I’m sure there’ll be some elbows thrown trying to keep people from being seen as successful. That’s not how I come at this. I come at this as a public servant. I don’t view my opponents in the campaign as my enemies. We’re all good people, trying to get good things done for the state. We just have vastly different visions for where we take Maryland. I’m definitely looking forward to being the one that helps set the agenda for what that will be starting in 2015.

CP: You strike me as the extra-establishment progressive candidate.

HM: What do you mean by that?

CP: You came up in the Democratic establishment and right now, with your candidacy, you are challenging it.

HM: Very much so, because in Maryland our next governor should not always be dictated by who’s standing next in line. The way it typically has worked in Maryland is, once a governor gets elected, insiders start looking at who appears to be next in line and funneling money and building favors and establishing deeper relationships to get in good with them. When a candidate like me looks at getting in, I’m technically supposed to look at the millions of dollars in their bank accounts or the endorsements they’ve already lined up years ago, and say, “Well, I can’t compete against that, I should never get in.” That perpetuates a system of advancing the person next in line to protect the status quo.

My campaign is about re-empowering the people so they have alternatives and choices and can come together and say, “We have a different vision. We believe in something else than what is spoon-fed to us that we’re expected to go along with.” We’re in it to win it, and we’re incredibly thrilled with the support of a robust grassroots base all across the state.

CP: This race doesn’t seem to be a coronation, though, and sometimes those coronations don’t work, like in Kathleen Kennedy Townsend’s case in 2002. You worked on Townsend’s campaign, right?

HM: I was Joe Kennedy’s legislative director, her brother, when he was in Congress. Toward the end of that campaign, he asked if I would consider going and helping his sister’s campaign out. And I was very interested for a variety of reasons in trying to help out that effort.

 

CP: The primary, a lot of people seemed to be interested-but I’m blanking on who actually ran against her.

HM: Nobody. That was the problem. [Actually, Robert Fustero ran against her, getting 20 percent of the vote.] There were a handful of people who were interested in running, but they took a look at money, endorsements, all those things, and decided not to run. I think contested primaries are good for democracy, to engage the electorate to feel ownership over the process. But even a contested primary is usually the next-in-line guys duking it out. It’s not someone like me, who’s seen as jumping the line and not waiting your turn.

I just reject the notion that these elections should be about whose turn it is. This is about the problems our state faces, how to address those problems, and an ability to capture the imagination of the electorate to come together to stand for what is the right course of action. How’s that ever going to be addressed by just looking at who thinks it’s their political birthright by virtue of, “I’ve done this job, and now it’s my turn to do that job”?

When people ask me, “Well, why don’t you run for comptroller or why didn’t you be someone’s running mate?,” I say, “Because that is me trying to set a pathway for my career, and that’s not what this is about.” This is about being in a place and time where my ideas and my willingness to address the challenges facing us are better than the competition. So I am a better candidate and I will be a better governor, and it’s time for me to step forward and give voters that option.

CP: Every state has its own nuanced political geography, but Maryland is essentially three states: the Eastern Shore, Western Maryland, and the Baltimore-Washington corridor, where most of the population lives. You seem to represent a progressive set of beliefs that is often shared by well-educated people in the Baltimore-Washington corridor. How do you address your progressive politics to those parts of the state that don’t share those ideas?

HM: I actually reject the notion that progressive values and ideas are only shared by people of a certain educational attainment or living in a certain region of the state. Progressive values come from a place of being willing to make progress on problems that have plagued us for too long and the solutions have been too risk-averse. I do believe in a one-Maryland approach to governing. I am not just campaigning in the Baltimore-Washington corridor. I think that it is convenient to try to take a progressive viewpoint and put it in the box of one region or another, but I’m finding the depth of support for the ideas that I’m discussing across the board.

Some people might disagree with me on some of the specifics I’m advancing, but they are backing my candidacy because they find it refreshing for a candidate to actually stand up and say what he or she believes. I’m taking very bold, principled stances on a range of issues, providing clear, in-depth policy proposals for the public to determine if they want to support my candidacy based on what I believe. I add a lot of pragmatism to my progressive stances.

People all across the state want to be able to earn a decent salary. Where the concern has been is, you can’t do that without hurting small businesses. Yes, I’m pushing for a living wage, and I’m bringing to the table tax relief for small businesses, but I’m also for holding corporations accountable for their fair share. That might be called a progressive priority, but it is just about fundamental fairness in expecting all of us to play by the same rules. And our failed war on drugs, the impact that marijuana prohibition has had on people’s lives, is something that is resonating in every corner of the state.

I’m not offering up campaign slogans and empty promises and things that will help us do just enough to have a bumper sticker to get reelected in four years. I’m coming in to make transformational change happen, and I’m giving a very clear road map on how I will accomplish it, and that’s exciting a base of people to be engaged and involved in a candidacy that is going all the way to win. I am finding that that spark is catching fire. I have Republicans, Greens, independents reaching out to our office about changing their voter registrations, because they have to under our current system, just to have the opportunity to vote for me because they see this as a real shift in what has been politics as usual in Annapolis.

CP: What types of positions are you finding that people respect, even if they disagree with them?

HM: I have some people say, “I don’t smoke marijuana, not sure I’m all that cracked up about the policy, a little bit worried about a stoner on every corner. But when I hear you connecting the dots to the larger negative impact these laws have on people’s lives and that they detract money from law enforcement focusing on more serious and violent crime, it starts to make sense.” And this new revenue source can go to something they do believe in-having universal pre-K for 3- and 4-year-olds, which people understand is expensive, that’s why we don’t have it. It’s not because people in Annapolis are opposed to educating our toddlers. It’s a really expensive thing to do, and no one’s been able to find an appropriate revenue source to pay for it. Changing our drug policy and dedicating that revenue to something that will lift our communities up in a really positive way will benefit everyone by eliminating the achievement gap in our schools and making sure every child enters kindergarten ready to learn.

CP: And the other candidates, are you saying they are prone to platitudes and slogans and lack clear policy proposals?

HM: I think that the style and substance of the three campaigns are very, very different, and the voters are seeing those differences very clearly.

CP: What sets you apart from Brown, for instance?

HM: I was opposed to the casino-gaming expansion as a lazy form of economic development because there are better ways to create jobs that lift our communities up, like putting people to work rebuilding our schools. He was a big backer and supporter of that approach. We have seemingly parted ways on marijuana policy. I fought against the teacher pension-shift last year because we have one policy requirement in our constitution, and it’s related to giving our children an outstanding K-through-12 public education, and we can’t do that without attracting and retaining the best qualified educators in the nation.

I just have a different set of priorities. We share a priority of giving our kids access to universal pre-K, but we differ vastly on how we would go about doing it. He would rely on low-income families losing money in casinos, and his whole plan is predicated on casino revenue hitting a certain threshold to be able to implement it. My proposal is a more stable revenue source that will guarantee that we can follow through.

 

We’ve both spent eight years in the legislature, and I’d put my record up against his or anyone else’s in this race. Past is prologue, so what have you gotten done in the job you already had? I’ve pushed through a bill that allowed young adults to stay on their families’ health plans through age 25 four years before it was rolled into national health reform. I had legislation to identify and enroll 50,000 of our eligible but uninsured children. I’ve worked across the aisle to get a family-planning expansion passed for 35,000 more women by convincing my GOP colleagues that it’s a win-win for us by lowering the abortion rate and saving the state money while improving maternal health outcomes. I did expansion of coverage for foster kids, led the charge on trying to make sure we protect ourselves against fracking in the state, and marriage equality.

As you can tell, I’m uncomfortable with the question. It is not the kind of campaign I’m running. I don’t want to win by convincing everyone that there is something wrong or ineffective about the other people in the race. I want to win by everyone realizing that I’d be a better governor. Some of the way that gets done is by drawing contrasts, and I’m probably not a great politician from that perspective. Where I come from, from a place of spirituality, doesn’t fit well with trying to make someone else look lesser in order for you to look better. I think people are resonating with the positive campaign that I am running, and the issues that I’m advancing, and I think we’ve done a better job of having a clearer road map on a range of large issues on how our administration would tackle them.

CP: Name recognition is kind of the name of the game when it comes to electoral politics. Yours is still very low.

HM: Suffice it to say that the polls that have been talked about publicly so far were out before I had a chance to make my mark on this race. We started out in July with an early theme of wanting to build and strengthen commitment to public service, and using that as an initial ground force of people. So we built playgrounds, painted schools, read to school kids, cleaned up marshlands, rebuilt homes with Habitat for Humanity in Frederick. While doing that work, we started rolling out our policy initiatives in late October. There’s been no polling done since we’ve done all the great work on our education platform, our detailed 10-point jobs- and economic-development plan, our marijuana-legalization proposal, public financing of campaigns, big environmental initiatives, principals for fixing the flawed implementation of the Affordable Care Act. We are very confident that our message is growing, our support is growing, my name recognition is growing. We’re going to have what it takes to win this election.

CP: Have you been doing any internal polling of your own?

HM: Because of our decision to become a publicly financed campaign, it is very restrictive on how much money we can raise and spend. We have had to make some unconventional decisions on where we spend our money and need to really wait to spend most of our resources on the last efforts. So we are not afforded the same luxury of being able to do consistent polling. But I do benefit from knowing of other polls that are happening around the state, and people tell me that jaws are dropping when the results are coming in, that there’s been some good movement.

CP: Equality Maryland has endorsed Brown. That must’ve been a disappointment.

HM: Of course. There is no ticket that has done more for the LGBT community than ours. Not only me, as an open LGBT member of the caucus who fought for this in a very personal way-my own marriage was at stake-but without Delman Coates [Mizuer’s running mate, who is senior pastor of Mount Ennon Baptist Church in Prince George’s County], I don’t know if that would have won the vote at the end of the day in the legislature if there hadn’t been some black clergy that came forward to say it was an important civil rights issue, that we had to separate church and state, that the church can still teach whatever it wants to teach, but we have to treat everyone equally under the law. And Delman helped lead that.

It’s a puzzling selection, but there’s a lot of politics that come into play. The supporters of these organizations anticipate the selection to be based on who they think the best governor will be, who’s been the best on their issues. But people are starting to realize that those decisions tend to more often be centered on who looks like they’re going to win. And who has that crystal ball right now, right? There’s still six months left in the campaign.

I would say this even if they had endorsed me: No community is monolithic, and no one votes based on how an organization recommends that somebody vote. At the end of the day, it is still incumbent upon the candidates to run the best campaigns to inspire and motivate people to vote for them. And I’m very confident of the level of support I have in the LGBT community in Maryland.

CP: You’ve been reaching out to voters of a diversity of ideologies, but in terms of the Maryland electorate’s progressivism, does it seem to be growing?

HM: Maryland has always been more progressive than its leadership. We saw that with the Marriage Equality Act and the Dream Act. We had to fight like the dickens to get both of those bills passed with very razor-thin margins because of the conservative prevailing ideology in the legislative bodies. Then both ballot initiatives won with strong support from the people, not just from the places where people expected it. Marriage equality didn’t just win in big urban areas. There were six jurisdictions that voted for it by majority. So I think the voters of Maryland have been incredibly progressive and have been hoping for their leadership to catch up. My candidacy is offering an opportunity to come out of the closet, if you will.

CP: What is the core problem that’s being addressed in your suite of progressive policy prescriptions?

HM: Economic justice is the biggest one. We have a growing spread of the haves and have-nots, and I think the progressive movement is not just about the people at the bottom rungs, yet that is an important voice-people in poverty who are most vulnerable need a political class fighting on their behalf. But our middle class is seemingly being eviscerated, and we’ve got to make sure that middle-class families are able to earn more and are taxed less. Under this administration, the millionaires’ tax was allowed to expire while taxes were increased on families making between $100,000 and $150,000 a year. That’s backwards from how I see the world, and my tax plan would reverse that.

 

CP: How are you going to play it in Baltimore City?

HM: We’re working on that every day, and even before I thought about running for governor, I was building relationships in Baltimore City when I walked through city schools and saw the deplorable conditions and started to work with the Baltimore Education Coalition and BUILD and the ACLU Education Reform Project on creating the strategy that became known as Transform Baltimore, to bring in the school construction revenue for the city. I wrote an op-ed with Tom Wilcox of the Baltimore Community Foundation in October of 2011 in The Baltimore Sun that carved the framework and path for the success that we got in the 2013 session.

I was very involved in fighting the administration’s plan to build a youth jail in the city. They wanted to build a 120-bed facility at a cost of $70 million, and I was among the early voices saying we have to end our focus on mass incarceration and the crib-to-prison pipeline and just always looking to build more jails for kids rather than creating affirmative opportunities for them.

In our early-childhood education plan, we have a critical component of fixing the child-care subsidies so that truly middle-class families have access to affordable child care and investments in after-school initiatives and summer programs for our kids. Those are the biggest investments of anything we’ve proposed in this race. They are very big, comprehensive plans that I’ve been talking about how to pay for, but it’s about setting priorities and those are my priorities.

There is no candidate from the city, and I think we’re all working to establish a presence and a base of support. And we will have a robust “Baltimore for Mizeur-Coates” organization that helps us with all of our house parties and community events. I think some of the earned media that we’ve been able to generate in the Baltimore market on our policy ideas has helped. We’re having these conversations directly with the people, and I’m very pleased with the growing support. We’ve got more time left in this campaign than what we’ve already invested in it, to keep up the momentum.

CP: The biggest potential for gaining success in Baltimore City is boosting participation, because turnout is typically so low.

HM: We’re looking at probably less than 500,000 people who turn out for this primary election, statewide. Sad but true.

CP: How do you solve that problem?

HM: By getting people energized and motivated and believing in politics again, that it’s not a dirty profession, that it’s not politicians trading favors with their best corporate sponsors and special-interest pals. That’s part of the reason we made the decision to do public campaign financing. We knew we’d have enough to compete and win under the rules, but it was as important to reestablish trust with the electorate and restore integrity in the process. You don’t have to become part of the problem to win, you don’t have to play by the same rules that have turned everybody off. You can do it differently, build trust with the voters, and have them engage in the process again.

Not only will that be part of our campaign’s theme, but it will be how we govern after we win, showing what can happen when engaged communities come together to awaken our higher selves. We all have dreams. We all have things we believe in. We all have a vision for the kind of community that we want to live in together. Somewhere along the line we stopped talking about that, stopped sharing those dreams, because we stopped believing in each other and our ability to make it happen. We’re going to prove in this campaign that that’s possible again.

Old Business: Martin O’Malley’s Failed Promise As Baltimore Mayor Will Stay With Him, No Matter Who Wins The Governor’s Race

By Van Smith

Published by City Paper, Nov. 1 2006

book

In the summer of 1999, when then-City Councilman Martin O’Malley was running for mayor of Baltimore at age 36, he wrote With Change There Is Hope: A Blueprint for Baltimore’s Future. It was a two-part, two-booklet title (pictured), one bound in a green cover, the other blue. They were handed out far and wide during the last weeks of the 1999 campaign. O’Malley dubbed them collectively as “my epistle” or “my book,” and separately as “the Green Book” and “the Blue Book.”

Today, With Change There Is Hope represents a sweeping archive of O’Malley’s promises to voters. In politics, that’s a contract, a document that sets down what’s expected of the victor in return for votes. There is no penalty for failing to uphold the contract, but when its terms aren’t met, elections–such as the gubernatorial one that will decide between Democrat O’Malley, Republican incumbent Robert Ehrlich, and Green Party candidate Ed Boyd on Nov. 7–can result either in punishment or forgiveness.

Baltimore’s voters held up their end of the bargain with O’Malley when they first backed him seven years ago. O’Malley was expected to deliver–a lot. He’d set his plan down in the 40-page Green Book, which focused on crime reduction, and the 80-page Blue Book, which covered everything else–and how all of it is tied to the crime rate. Those who supported O’Malley’s re-election in the 2004 election did so despite the fact that many of his pledges remained unmet. Now, joined by voters in the rest of the state, they will decide whether to back him again in his bid for governor. O’Malley still owes Baltimore. If he wins the election, he’ll be expected to pay it back from the statehouse. If he loses, he’ll work off his debt at City Hall.

O’Malley focuses on the debt paid, not the debt remaining, as he makes the campaign rounds for governor. He has plenty of accomplishments with which to fill speeches. The main one, perhaps, was described in an Oct. 5 speech at the Johns Hopkins University Bloomberg School of Public Health: “Instead of wallowing in a culture of failure and excuses, we came together to take on the tough challenges and made progress.”

Running to replace Ehrlich this year, O’Malley recites a concisely packaged 10-point plan instead of handing out lengthy manifestos. Copies of With Change There Is Hope are hard to come by today. They are not available online. Google its title with the word “Baltimore,” and all that comes up is a link to City Paper‘s 2002 Best of Baltimore “Best Scandal: Police Corruption” blurb. But O’Malley’s 7-year-old collection of green and blue IOUs remains in the archives of history, ready to be dusted off once again.

“My approach as mayor will focus on two basic concepts–urgency and accountability,” he wrote in the Blue Book’s conclusion, after setting the bar for his own performance. He wanted change, urgently, and change came after he became mayor. But it often came not as promised, or sometimes not at all. That’s not surprising, given O’Malley’s great expectations. Urgency is hard to measure (he certainly seemed urgent), but accountability is O’Malley’s middle name. Now he’s accountable for how things changed, or have not.

Just as the mayor’s CitiStat program tries to keep city agencies on their toes by measuring government activities, journalists can apply statistical yardsticks to O’Malley’s promises. There are two sources of information for this exercise: what O’Malley said would happen, and what happened according to the numbers and known circumstances. (Numerous phone messages and e-mails to the mayor’s communications director, Steve Kearney, and O’Malley spokespersons Rick Abbruzzese and Raquel Guillory, were not returned.) Given the vast landscape of his panoramic vision for Baltimore in With Change There Is Hope, it’s best to begin by concentrating, as O’Malley did when he first ran for mayor, on a single issue: crime, and how everything hinges on it.

 

O’Malley’s June 23, 1999, mayoral campaign announcement speech, delivered at the corner of Harford Road and the Alameda, drew a small crowd. He made up for the lack of attention by using the speech’s text as the Green Book’s opener: “My name is Martin O’Malley. I believe I can turn this city around by making it a safer place, and I mean to begin doing it now.”

First, though, O’Malley had to get elected, and right off the bat his credibility was questioned. He told a story in the speech about having been to the same corner the previous midnight, when he was approached by a drug dealer, who asked, “What do you want?” The exchange gave O’Malley a rhetorical hook for his announcement.

“That’s a question,” the would-be mayor said to 30 or so supporters gathered to hear his speech, “that each of us in this city needs to answer in this important election year.”

Sun columnist Dan Rodricks suspected the hook was hogwash and immediately got on the case. Rodricks visited the neighborhood and found a resident who said that Harford Road and the Alameda is not a drug corner, but a “hackin’ corner” where “guys hang out lookin’ for rides.” O’Malley told Rodricks “it’s no big deal,” and explained that the guy on the corner who gave him his “What do you want?” line for the speech “was doing that hand motion they do when the markets open. It’s a notorious corner. That’s what they do there.” But, Rodricks reported, O’Malley “can’t say for sure that the young guy wanted to sell him drugs. It’s a hunch.” The columnist gave O’Malley’s poetic license its propers: “Good stuff, councilman. Even without that Monday-midnight story.”

O’Malley is prone to hunches, and has thus far benefited from people forgiving him when they don’t pan out. His main hunch as a councilman with mayoral ambitions was that if you solve the crime problem, everything else will fall into place. From O’Malley’s perspective, the revival of schools, housing, health, jobs, population, investment, tax revenues, the real-estate market–in short, all that makes cities tick–depended on public safety, government’s primary responsibility. He waxed on this theme in the Green Book, asking voters to “Imagine how quickly our great City will come back to life when we get hold of public safety and start closing down our expanding drug markets.” He pointed to other cities, such as New York, as crime-fighting models and suggested we simply copy what worked elsewhere.

In a 1999 phone interview about his crime plan, O’Malley was emphatic. “There is no way to create jobs or to improve the business environment if the only businesses expanding are these open-air drug markets. So that’s first and foremost,” he asserted. “It affects everything.” He went on to spell out his policing strategy, which had various names: “quality of life,” “zero tolerance,” and “broken windows.” The idea, he said, was to “improve the reality of public safety” by “changing enforcement priorities, by redefining the mission of the police as restoring public order on our corners and improving quality of life on our corners. When you do that the bigger crimes become easier to solve and easier to deter, and you drive the drug markets indoors, which drives down the random violence that is inflating our numbers to be some of the worst in the nation.”

At O’Malley’s announcement, he called the corner where he was standing an “open-air drug market,” and promised within six months to make it and nine others like it “things of our city’s past.” He added that “in the second year, 20 more open-air drug markets will likewise be shut down, and thus will the people of this city easily measure our success or failure.”

After six months in office, in a letter to The Sun, the mayor explained that he’d taken care of the 10 drug corners. And he described how it had happened: Police, city inspectors, and public-works crews had tidied them up, pronto. It was that easy.

The two-year mark in 2002, by which time O’Malley promised 20 more cleaned-up corners came and went without fanfare. As 2003 began, public frustration about the continuing crime problem was evident.

“We still have open-air drug markets on our corners,” City Councilman Bernard “Jack” Young (D-12th District)–usually, like most members of the council, an O’Malley ally–told the Baltimore Afro American in late January 2003. “Point-blank, nothing’s changed. We’re paying all of this overtime to the police. Where is the change?” O’Malley’s hunch was being called into question.

The experience of crime in Baltimore neighborhoods is as varied as the neighborhoods themselves. What feels to many like improvements under Mayor O’Malley–seemingly safer and clearly more prosperous communities around the waterfront, along the north-south axis of Charles Street, along the Northeast Baltimore thoroughfares of Belair and Harford roads, and in certain other key neighborhoods like Hampden–feels to others like it’s not happening in their neighborhoods. Because the improvements are concentrated in waterfront neighborhoods and the central north-south spine of the city, they are more evident than the sluggish expanses of the east and west sides, where change has come more slowly, if at all.

With or without dramatic crime reductions, though, the city has been rebounding in many ways, and O’Malley’s re-election in 2004 affirmed and affixed the notion that he was doing alright as mayor. Many understood that he would soon run for governor. Once he announced his candidacy for state office, O’Malley’s record as mayor became Republicans’ main message when promoting Ehrlich. They can do that because O’Malley’s hunch hasn’t worked itself out yet.

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If O’Malley was wrong about crime being the foremost determinant of the city’s fortunes, then there’s room for forgiveness. Crime in many ways has trended downward, particularly in some parts of the city and for some types of crime. But low interest rates, not reduced bloodshed, likely had more to do with the city’s improved performance under O’Malley.

In the Blue Book, O’Malley noted that in 1999 “City houses fetch roughly one half of what they do in Baltimore County,” because of the prevalence of crime in the city. Since 1999, “thanks to reductions in crime and increased investment in the city, average home values in Baltimore have risen 120%,” according to O’Malley’s campaign web site.

Crime reductions may have helped, but the key factor was the residential real-estate market boom created by historically low interest rates and rising demand. The 2004 median sales price for a Baltimore single-family home was $130,500, compared to $215,000 in Baltimore County. Thus, instead of city houses selling for half the value of county houses, under O’Malley they began selling at about 60 percent of what county houses get. The value of city single-family homes gained slightly more than 35 percent between 2002 and 2004, an amount a tad higher than in Baltimore County.

Real-estate values and tax revenues tend to rise and fall together, and they both jumped under O’Malley, as expected during times of cheap money. In 2000, city revenues stood at about $1.4 billion. In 2004, they broke $2 billion, and stood at $2.1 billion in 2005. Increasing real-estate values helped a lot on the property-tax front, aided by new taxes instituted by O’Malley.

The level of private investment in the city, likewise, has increased substantially. Little scaffolding and few cranes were part of Baltimore’s streetscape in the 1990s, but they are common sights today. The O’Malley administration says the value of development activity under way in 2005 was estimated to be $2 billion, whereas ongoing projects in 2000 added up to a little less than $900 million.

O’Malley’s gubernatorial campaign biography states that, as mayor, he has “promoted job growth by attracting over $10 billion in economic development” and “nearly ended Baltimore’s decades-long population loss.” But jobs and population declined in the city, and unemployment rose from 5.9 percent in 2000 to 7.1 percent in 2005. Job loss from 1999 to ’04 hit Baltimore hard, taking away about 40,000 jobs–the most among Maryland’s 24 jurisdictions, as was the city’s loss of about 15,000 residents from 2000 to ’05. A 2002 U.S. Census snapshot of the city’s unemployment situation pointed out key disparities: While the overall unemployment rate was 6.8 percent, white men were at 2.1 percent and black men at 11.8 percent. The city made the top-10 list in the country for average weekly wage growth in 2005, but at the same time lost more jobs–5,800–than almost all of the 323 large cities and counties studied. While the city’s employment outlook hits some harder than others, the jobs that remain are paying better, and the loss of jobs went along with ongoing loss in population.

The jobs lost under O’Malley came on the heels of all the jobs lost before him. In the Blue Book, O’Malley painted a bleak picture of the Kurt Schmoke years, describing job declines in manufacturing, transportation, retail, banking, and hospitals. The situation hardly improved after O’Malley was elected. Between 2001 and ’04, Baltimore lost nearly 5 percent of its jobs. A quarter of its manufacturing jobs, 15 percent of its banking and finance jobs, 5 percent of its retail jobs–all disappeared in a four-year span. The drop in public employment was pronounced, especially local government jobs, which fell by nearly 4,000 positions, more than 12 percent. Only three sectors posted major job gains: hospitals, educational services, and the hotel and restaurant industry.

Under Mayor Schmoke, the city lost an average of 722 jobs per month, O’Malley calculated in the Blue Book. Between 2001 and ’04 under O’Malley, the city lost an average of 432 jobs per month. That’s a dramatic improvement, but it is still a drastic rate of job loss–especially when the surrounding counties are alive with job growth. The Blue Book pointed out that the surrounding counties posted a gain of 104,000 jobs when Schmoke was mayor, an average of 963 new jobs each month. Between 2001 and ’04, with O’Malley as mayor, the surrounding counties added nearly 63,500 new jobs, an average of 1,322 jobs per month.

Thus, while the city’s job loss has slowed under O’Malley, it has not reversed, as O’Malley predicted. And the surrounding counties’ job growth accelerated by about 40 percent. Baltimore remains the hole in the doughnut of regional employment trends.

The public schools, well, they’re still a mess, but there are bright spots. As the city’s population declines, so does school enrollment–by an average of 2,900 students per year since O’Malley became mayor, bringing the total down to about 85,000. While some of the trends in standardized test scores are good, many others are not. Graduation rates are up for seniors getting a regular education, but down dramatically for the increasing share of students in special education. The money spent to achieve these results has increased dramatically on a cost-per-student basis, and has been the target of near-permanent scandal over the school system’s financial accountability.

In the Blue Book, O’Malley reported that in 1997 only 16.6 percent of third-graders’ scores were “satisfactory” under the state reading tests. This statistic is recited again on O’Malley’s campaign web site, and updated with the claim that O’Malley “helped 61% of the third graders meet those state standards last year.” The standardized tests were changed in 2002. Under the new ones, the percent of third-graders with “proficient” reading scores has risen annually, from 38 percent in 2003 to 59 percent in ’06, when the statewide scores had risen from 50 percent to 63 percent. The same happened with third-grade math scores, with the percent of proficient third-graders rising to 52 today from 40 in 2003, when the statewide scores had jumped only four points, from 50 to 54. That’s some of the good news.

Some of the bad news is that only 2 percent of special-education high-school students passed the high-school English standardized test in 2005. That 2.1 percent passed in 2006 is nothing to brag about, since it indicates that students in the city’s large special-education program don’t have much of an education to look forward to.

As students continue in school, their improved scores in earlier grades should be reflected in improvements as they reach higher grades. In some cases, this has happened, but not in others. The third-grade class of 2004, for instance, was tested again as fifth-graders this year, when its proficiency in math and reading both were significantly higher than those of prior fifth-grade classes. But the sixth-grade class of 2004, which was entering first grade when O’Malley was elected mayor, is another story. When the class reached eighth-grade this year, its share of students scoring proficiently dropped in both math and reading compared to its sixth-grade scores.

O’Malley’s Blue Book measured city schools’ graduation rates harshly, saying that “only 25 percent of ninth graders . . . ever graduate. This is unacceptable.” The percent of regular-education 12th-graders graduating is rising, from 58 percent in 2002 to 64 percent today. But the drop in the share of special-education 12th-graders graduating went from 65 percent in 2002 to 35 percent today.

When running for mayor, O’Malley’s intentions about special education were clear: He wanted significant improvements, and a reduction in the size of the program. He said that, at the time, 18 percent of the student population was enrolled in special education, and he wanted that number to drop to 13. By 2000, it had dropped to 17 percent, which is where it remained in 2005. Meanwhile, by O’Malley’s figures from his first mayoral campaign, the cost of educating each special-education student per year was $9,680. Since then, it has increased by a fifth, and stands at $11,722 per student.

In his governor’s campaign biography, O’Malley expresses pride in city schools, claiming that “for the past three years, elementary school students have posted higher scores in reading, language arts, and mathematics at every grade level.” That’s an accomplishment that would make any mayor proud. But O’Malley, by law, does not control the city school system. As mayor, he is an equal partner with the state in its success or failure–an equal partner with the government headed by his gubernatorial opponent, Robert Ehrlich. “Our children should not suffer due to adult disagreements,” O’Malley wrote in the Blue Book. “In the future, Baltimore should, once again, take greater responsibility for our school system. But we also must build continually on the partnership we have established with Annapolis–it is in the best interest of our children.”

The city-state partnership has suffered from scandal after scandal arising from lack of accountability in recent years, leaving the city school system in such a shambles that it is surprising some children are able to learn adequately. Neither the city nor the state has stepped up to take unilateral responsibility, though their collective responsibility is there for all to see. O’Malley takes credit for the good where he can–with some improved test scores in some grades–and, either as governor or as mayor, may be in a position to do more for at least a couple more years. But he’ll also have to live with the bad, until the system gets fixed.

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Baltimore under O’Malley is a mixed bag of results, and it’s hard to say changes in the crime rate made it so. By the raw numbers, though, Baltimore is safer now than when O’Malley started. In the first six months of 2000, when he was working off his obligation to clear the 10 corners, the city logged 141 murders, 161 rapes, 3,010 robberies, and 4,530 aggravated assaults, including 700 nonfatal shootings. In 2005, the totals from January to June were much rosier. Murder was down 3 percent, rape had dropped by more than half, robbery saw a 40 percent reduction, and aggravated assaults were reduced nearly a quarter, including a near 30 percent drop in shootings. The same number of under-18-year-olds–47–were murdered in 2002 as were in 1996, but in the first 10 months of this year 22 kids were killed, and all of last year saw only 14 juvenile homicides, so the situation appears to be getting less bloody for Baltimore’s teens.

Yet, despite these numbers and O’Malley’s optimism and declarations of success, frustrations and distrust about the prevalence of crime abound. Some of O’Malley’s crime numbers remain under the pall of a state effort to audit his numbers this year, an effort that the mayor rebuffed. And O’Malley’s earlier use of an audit of the 1999 figures to establish the baseline for his claims of crime reduction has been called into question.

O’Malley’s handpicked benchmarks in the Green Book set a high bar, and, although he didn’t meet many of them, they often moved in the direction he promised. His Green Book said public-safety improvements in the first two years of the O’Malley administration, for instance, should reflect New York’s as it first adopted quality-of-life policing under Mayor Rudolph Giuliani in the mid-1990s. When Giuliani was first starting out, murder went down 40 percent, robbery 30 percent, burglary a quarter, and rape by 8 percent, according to the Green Book’s figures.

By three of these measures, O’Malley fell short. His first two years saw nearly a fifth fewer murders and burglaries, and a quarter fewer robberies–all smaller drops than what Giuliani delivered. (Given the doubts about the Baltimore’s 1999 crime numbers, 1998 was used as the base year for this analysis, giving O’Malley three years to accomplish what Giuliani did in two.) But on the fourth category, rape, O’Malley achieved a reduction of about 40 percent, more than five times larger than New York’s. Rape later became a category of crime suspected in 2003 of being under-reported by Baltimore police, and, after an audit, a 15 percent upward correction in the 2002 numbers was ordered.

O’Malley’s second-guessed crime numbers have historical poignancy. When he was a councilman, O’Malley made a name for himself by proving that then-Mayor Schmoke’s police department was cooking its books to augment its mid-1990s crime-reduction claims. Today’s data-accuracy doubts suggest that perhaps O’Malley’s police department somehow has been aping the bad behavior of Schmoke’s department, though hard evidence of this has yet to arrive. Pending future findings, which themselves may end up subject to charges of inaccuracy, the numbers O’Malley’s police department reported to the FBI are the best available data about Baltimore crime.

The raw numbers about crime reduction that O’Malley likes to cite, though, tend not to take into account the decline in the city’s population. Do so, and Baltimore’s murder rate goes from 40.3 murders for every 100,000 residents in 2000 to 42 in 2005. Thus, it makes sense that many people believe Baltimore remains as murderous as it was before O’Malley became mayor–because Baltimore was, in fact, a bit more murderous, per capita, in 2005 than it was in 2000.

O’Malley pledged in the Green Book to make Baltimore a lot less murderous, by taking the toll down to 175 homicides in 2002. This bold goal helped him get elected 1999, when there were 305 murders. But when 2002 closed out, there were 78 more homicides than he’d promised. Boston, a city of a little less than 600,000 people, and one which the Green Book points to as a model for Baltimore to follow, had 60 murders that year, by way of comparison.

Baltimore’s crime rates look bad when compared to other large U.S. cities, and the numbers hardly improved from 2000 to 2005. After five years of O’Malley, there were 17.6 violent crimes for every 1,000 Baltimore residents in 2005, nearly 80 percent more than the big-city average. In 2000, as in 2005, the city’s murder rate was nearly three times higher than the average for cities of between a half-million and a million people. Robberies in 2000 were 2.6 times more common in Baltimore than in other large cities, and aggravated assaults (including shootings) were 2.2 times more prevalent. Five years into the O’Malley administration, the violence had fallen off, but still occurred at nearly double the rates in other large cities.

In With Change There Is Hope, O’Malley observed that “Baltimore is today the fourth deadliest city in the nation, and the city’s murder rate is seven times higher than in the average city.” Time hasn’t changed much in that regard. In 2005, Baltimore’s murder rate was still seven times the average for U.S. cities. In the 2005 Detroit mayoral race, the fact that only Baltimore had a higher murder rate than Detroit was put in play on the campaign trail. This year, in a ranking against 31 other cities with populations over a half-million, Baltimore was second most dangerous, with Detroit earning the top dishonor.

Where violence is concentrated is where the greatest crime reductions are possible. Traditionally in contemporary Baltimore, the brunt of the violence has disproportionately fallen on the Eastern and Western police districts, compared to the other seven districts. After a period of increasing violence in O’Malley’s first term, it is here, in the Eastern and Western districts, where crime numbers show improvements–fulfilling some of the expectations O’Malley created.

From 1999 to ’02, the share of the citywide homicides happening in the Eastern and Western districts rose from nearly 30 percent to more than 40 percent. Murders were dropping in the city (from 305 in 1999 to 253 in 2002), yet these two districts were showing substantial increases in their body count. That’s now changed. In 2005, the Eastern and Western’s combined tally had dropped 30 percent from 2002’s level, while the rest of the city’s homicides had jumped up a quarter. The burden is shared now by four other districts–the Southern, Southwestern, Northern, and Southeastern–joining the Western with more murders in 2005 than they’d had in 1999.

The recent geographical shift in Baltimore homicides suggests O’Malley in some ways is starting to mirror Giuliani’s 1990s crime-fighting success in New York. In 1999, just before O’Malley declared for mayor, the New Republic ran a cover story on Giuliani that examined an important trend in the Big Apple’s crime reduction: The sharpest crime drops were seen in the area’s that needed them the most. Harlem’s crime fell 61 percent between 1994 and ’98, for example, and East New York’s murders went from 110 in 1993 to 37 in ’98. Similarly, in Baltimore, the Eastern and Western police districts have recently shown substantial improvements, although several other districts have experienced increases in crime.

Overall, though, the picture on the crime front is pretty bleak compared to O’Malley’s expectations and how it compares to the rest of urban America. “With public will, energy and political leadership,” O’Malley wrote in the Blue Book in 1999, “Baltimore will join the ranks of America’s great rejuvenated cities that are growing safer, larger, and more diverse . . . That is my pledge.” Now it’s seven years later, and Baltimore continues to earn its title as one of the most violent cities in America.

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Unlike his crime figures, O’Malley’s budget figures aren’t a matter for debate. In the Green Book, O’Malley indicated that the added cost of his crime plan was, well, nothing, or not much more. “The real solution in Baltimore is not to double size of the broken system,” he wrote about the police department, “but to implement the simple procedural reforms that will make greater use of the substantial resources already in place.” And in the 1999 phone interview, he said crime reductions under his watch would cover the reform costs, explaining that he planned to “increase city revenues by making this city a dramatically safer place quickly, and thereby reversing our loss of population.” He predicted that crime reduction would pay for everything, and then he pulled a George Bush I, promising that “I am dead-set opposed to raising taxes.”

The upshot from the police budget trends is this: a growing proportion of cops at desks, costing a larger amount of money. The department’s budget went up 25 percent from 2002 to ’07, the current fiscal year. Two parts of the departmental budget went up more than 100 percent: Administrative Direction and Control jumped from to $15.5 million to $32 million, while money for the Office of Criminal Justice Policy more than tripled, from $3.5 million to $12 million. Together, the administrative and policy slices of the police pie grew from 7 to 13 percent, while all other parts of the department saw their slices shrink. Though the overall budget went up, department-wide staffing levels dropped by nearly 5 percent from 2002 to today. Administrative staffing jumped nearly 8 percent–the only kind of police staffing that grew. Yet O’Malley’s campaign web site states that he “put more cops on the streets as part of a comprehensive plan to reduce crime.”

The five-year growth of the police budget wasn’t paid for with revenue resulting from an increased city population, as O’Malley had predicted. Population continued to fall, though more slowly. Rather, money was available to expand the police budget because of rising real-estate values and the mayor’s new taxes on energy, cell phones, and real-estate transactions, O’Malley’s prior no-new-taxes pledge notwithstanding. Because of the additional revenues, he was able to keep some promises.

O’Malley vowed in the Green Book to increase funding for the State’s Attorney’s Office “as long as it stays committed to the path of reform, and committed to keeping repeat violent offenders off the street.” The city’s contribution to State’s Attorney Patricia Jessamy’s office has been boosted from $21.6 million in 2002 to $30.4 million today, a more than 40 percent raise that has allowed staffing levels for prosecutions to increase by 55 positions.

The mayor has been true to drug treatment, too. “Since 1996, annual funding for drug treatment in Baltimore has doubled from $16.5 million to $33 million,” O’Malley wrote in the Green Book, indicating this is a positive trend he’d like to continue. And he has. Drug treatment funding under O’Malley increased to $53 million in 2005.

Teen motherhood and other health indicators affect crime trends over the long term, and O’Malley aimed to oversee their decline. He pointed out that in 1997 “nearly 10 percent” of city girls aged 15 to 19 had babies. There was a steep decline after O’Malley took office, and in 2004 the proportion of girls that age who had babies was 6.8 percent. He wanted infant mortality to decline, reporting that the city in 1997 lost newborns at a rate of 14.4 babies per 1,000 live births, “nearly double the state’s rate,” he wrote. It dropped significantly. In 2005, the infant mortality rate had declined to 11.3, half again as high as the state’s.

O’Malley pointed out in the Green Book–as Jay Leno was saying, too, on The Tonight Show at the time–that Baltimore is “the syphilis capital of the United States.” As O’Malley wrote those words, the syphilis rate was in steep decline. In 1999, Indianapolis became the syphilis capital, after Baltimore’s rate had dropped 45 percent in one year. In 2002, Baltimore was ranked 11th among U.S. cities, with an incidence rate of 18.6 cases per 100,000 people. That year, 120 cases were reported. But the disease jumped sharply in 2004, when 209 cases were reported for a rate of 33.2, placing Baltimore third in the nation, behind San Francisco and Atlanta.

Two other sexually transmissible diseases were mentioned in O’Malley’s book, gonorrhea and chlamydia. Baltimore “is rated number two in the U.S. for active cases of gonorrhea,” he wrote at the time. It has dropped significantly since then, but Baltimore was still the fourth-highest city on the list for active cases of gonorrhea in 2004, the most recent ranking available. When O’Malley sought to become mayor, he explained that Baltimore’s national rank was “third for active cases of chlamydia.” The city’s chlamydia rate has actually risen significantly since then, yet its national ranking dropped to seventh highest–an improvement, of sorts.

O’Malley recently summed up his disease-fighting record much more succinctly, and no less truthfully: “Syphillis [sic] is down 75% since 1997 and Gonorrhea is down 45% since 1995.” These surgically selected statistics are posted, along with the rest of O’Malley’s Oct. 5 Hopkins speech, on his campaign web site (www.martinomalley.com).

Baltimore’s improved status on drug-related emergency-room visits, an important indicator of drug abuse, is impressive, but still marginal in the national context. In 1999, O’Malley wrote that Baltimore is “rated number one in the nation for hospital emergency room admissions involving substance abuse.” In 2005, it was tied with New York and Boston for third in the nation.

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But O’Malley failed on some important other promises, such as the one about reducing the need to arrest people. The Green Book was adamant about giving police expanded power to issue civil citations for minor crimes, which was expected to free the courts of petty cases. “Through the use of citations–which make fewer arrests necessary–and courthouse reforms that keep innocent people and minor criminals from languishing in jail for weeks before trial,” O’Malley predicted that “fewer people may actually be locked up using quality-of-life policing strategies.” At the very least, he promised that “quality-of-life policing does not mean arresting and locking up our city’s young men indiscriminately.”

Under Schmoke, there had been 70,000 arrests in 1997 and 85,000 in 1998. After several years of quality-of-life police work, in 2004 O’Malley’s expanded civil-citation powers were put in place. In 2005, city police logged around 100,000 arrests. In 2006, the city was sued by the American Civil Liberties Union and the National Association for the Advancement of Colored People, who raised charges of widespread indiscriminate arrests. So much for the less-arrests theory of zero-tolerance policing.

O’Malley’s record on police corruption and misconduct has a level of intrigue appropriate to the cloak-and-dagger milieu of internal investigations. His campaign pledges on the issue were zealous. “We know,” he wrote in the Green Book, “that when the police are encouraged to be more assertive, government must become more assertive and open in its policing of the police.” He’d been complaining about police corruption and misconduct under Schmoke’s commissioners for years, and yet “our problem has only gotten worse,” he insisted, adding that “There is nothing more harmful to effective law enforcement, and more devastating to the morale of law-abiding citizens and law enforcement officers, than police misconduct.”

To fight it, O’Malley pledged in the Green Book to “open the Police Department’s internal investigation process, to assure the public that police problems are not being swept under the rug by colleagues’ complicity.”

Immediately after gaining City Hall, O’Malley asked outside consultants to look at the department’s problems. Among their tasks was a survey of police personnel about street-level corruption, which showed that 23 percent of the department believed that more than a quarter of its officers were “involved in stealing money or drugs from drug dealers.” The survey put numbers on the idea that the Baltimore police had a corruption problem.

And yet nothing much happened. Not for years. There were two corruption arrests that didn’t pan out. The case against officer Brian Sewell, suspected in 2000 of planting drugs on an innocent suspect, became suspicious when police evidence against him disappeared during a break-in at internal investigators’ offices, and the charges were dropped by prosecutors in 2001. Officer Jacqueline Folio, accused of a false drug arrest, was found not guilty in a 2003 criminal trial, and the department’s administrative case against her was so full of exculpatory evidence and apparent attempts at cover-ups that she was cleared entirely–and settled her own lawsuit against the city over the whole, career-ending episode. At the end of 2003, police said they had conducted 202 “random integrity tests” to catch bad cops since 2000, yet the only cops nabbed were Sewell and Folio.

The quiet continued. In early January of this year, The Washington Post reported that O’Malley had been booed at a legislative hearing over his department’s high volume of arrests, and that the mayor countered that aggressive arrests would be reflected in increased misconduct complaints, which were down. He was soon to lose the use of that argument at hearings, for 2006 quickly became a memorable year in the annals of Baltimore police misbehavior.

Two days after the legislative hearing, on Jan. 6, a city grand jury charged three officers with rape, unearthing evidence that their undercover squad was corrupt in other ways as well. In April, a federal jury convicted two Baltimore police detectives for robbing drug dealers, a city grand jury charged an officer with stealing rims off a car belonging to an arrested citizen, and an officer caught a gambling conviction. In July, two officers were charged in Baltimore County in separate crimes–fraud and theft in one case, and burglary and stalking in the other. And in August, a Baltimore officer was charged with identity theft in Pennsylvania.

As a councilman and mayoral candidate, O’Malley was passionate about the idea that the police department needed a housecleaning. Police officers “after all are only human,” he said in the 1999 phone interview, so they must be policed “to insure that temptation, unchecked anger, and prejudice do not tarnish the moral authority necessary for a police department to effectively perform its job.” After five years of relative quiet punctuated by weak corruption cases under O’Malley, what he predicted in 1999–“well publicized arrests of clusters of officers who are lured away by the easy money and lucrative money of the drug trade,” as he put it in a 1999 phone interview–is finally coming true.

 

The Green Book set down an anecdote about Schmoke’s police commissioner Thomas Frazier coming before the City Council in September 1996, on the heels of councilman O’Malley’s return from New York to study its policing strategies. “You don’t have to tell me about zero tolerance. I know what they do in New York,” Frazier was quoted as saying. “They’re doing the same thing I started doing here with Greenmount Avenue–close down the open-air drug markets, drive them indoors, and you reduce the violence. . . . I have to be a team player. When we start closing down the open-air drug markets, the judges complain that we’re crowding their courts and the Mayor makes me back off. . . . Tell the judges. I’m only one piece of this criminal justice system.”

And so is Mayor O’Malley only one piece of the city’s public-safety complex, though you’d never know that from reading the Green Book. To get elected, he made it seem like he was a one-man crime-fighting machine, that all he had to do was hire a police commissioner to deploy known policing strategies proven successful in other cities, and it would all fall in place–an instant urban revival. It’s doubtful any mayor could have met the expectations O’Malley set for himself, much less one who hasn’t gone through four police commissioners and three interim commissioners the way O’Malley has. Still, he scored points for seeming to try and for being in power when interest rates dropped. This Nov. 7, the state’s voters will decide whether he tried hard enough. Either way, he still owes.

Dream Team? Comptroller-Elect’s Transition Team Raises Eyebrows

By Van Smith

Published in City Paper, Nov. 29, 1995

Comptroller-elect Joan Pratt has chosen Julius Henson, her campaign manager, and state Senator Larry Young to help lead a team of about 25 people that will direct her transition from private life as a certified public accountant to the holder of the third-highest position in city government. Both men contributed to Pratt’s campaign. Henson is also widely believed to be Pratt’s choice for city real-estate officer, an appointment that has been vacant since Arthur Held’s term expired on June 30.

Henson, who chairs the transition team, ran Pratt’s campaign against retired state Senator Julian Lapides, the early favorite who lost the Democratic primary in September by nearly 10,000 votes. In addition to volunteering as campaign manager, Henson gave $1,400 to the Pratt campaign, plus another $1,065 that was donated by one of his companies, the Wild Geese Company. (These totals are based on campaign-finance reports covering the period up until two weeks before the September primary. As of November 24, Pratt had not filed a copy of her October 27 report in Baltimore, as she is required to do under state election laws.)

About the real-estate-office position, Henson says Pratt “has not made any decisions about that yet. If she does offer it to me, I’ll consider it.” The city real-estate officer is responsible for the disposition of all city real estate, including acquisitions and sales, leases, contracts, and tax sales of properties with delinquent accounts.

Pratt and Henson were business partners in a real-estate investment company, Henson & Pratt, Inc., and in 2112 Etting Street Limited Partnership, among other partnerships. Through these concerns, Pratt and Henson together owned nine residential properties. In August, Pratt transferred her stock in the partnership to Henson.

The properties were in various states of disrepair in August, when Pratt and Henson each owned a 50 percent stake in the businesses. A recent visit to three properties on the 2100 block of Etting Street found two of them occupied by tenants whjo complained of Henson’s unresponsiveness to problems at their houses, which included rat holes in the kitchen, holes in the ceiling, unrepaired fire damage, and a jury-rigged furnace. The third house is vacant.

Though neither Pratt nor Henson will confirm it for the press, sources close to both say they have been romantically involved for several years. Mary Henson, Julius’ mother, says the diamond ring worn by Joan Pratt is a gift from Henson and confirmed their romantic relationship.

Mary Henson’s own relationship with her son has been difficult; in February 1993, she filed battery and attempted-theft charges against Julius Henson. She was 63 at the time. Her son was acquitted of the charges in June of that year.

In 1974, at age 25, Henson ran in the Democratic primary for clerk of the circuit court. He got more than 17,000 votes in the citywide race, but lost to John Hubble. Asked whether he gained any lessons from the experience that helped him in managing the Pratt campaign, he says, “Not really.” Henson says he doesn’t remember why he sought the office, except that “it was winnable, I guess.”

Young, who chairs the team’s committee on the office of the comptroller, was an early backer of Pratt’s campaign (and a $250 contributor). Henson says, “He may have been the only [state] senator who did not support Jack Lapides, so he has been a friend of the campaign.”

Young came up in politics under the tutelage of U.S. Representative Parren Mitchell in the 1970s and has emerged as a powerful West Baltimore political figure whose campaign organization has delivered votes effectively for Bill Clinton, Parris Glendening, Kurt Schmoke, and now Joan Pratt (who is also from West Baltimore). He chairs the Senate Executive Nominations Committee and the Health Subcommittee of the Senate Finance Committee.

Along with his political prominence, Young has been the subject of Baltimore City police attention over the years. As chronicled in David Simon’s book Homicide: A Year on the Killing Streets, Young was involved in a series of odd incidents in 1988: He injured his political aide’s arm by beating him with a tree limb, and he falsely reported being kidnapped, a misdemeanor charge of which he was acquitted after much embarrassing publicity.

In 1990, Young became a central figure (though officially not a suspect) in the murder investigation of his close personal friend, the Reverend Marvin Moore. The murder case is still open.

More recently, Young was caught up in the Willie Runyon political-fund-raising scandal during last year’s legal battle over the gubernatorial election. Young did not disclose the fact that he was an employee of Runyon’s American Ambulance and Oxygen Service, Inc., in his financial-disclosure form on file with the state ethics commission in Towson, in spite of the fact that he sits on a subcommittee that considers healthcare legislation that might affect Runyon’s business. Young retired from American Ambulance in June.

According to Henson, Pratt’s transition team is staffed voluntarily with professionals who have expertise in the areas of human resources, audits, real estate, communication, insurance, ethics, governmental relationships, public relations, and the historical role of the comptroller, and it will help arrange a proposed conference on economic empowerment and a proposed citizens advisory review board to scrutinize waste, fraud, and abuse. Each of these “areas of perusal” is assigned to a committee of the team.

As an example of what expertise the transition-team members bring to the table, Henson explains that “the woman looking at the city’s paging system, which falls under communication, she sells pagers to area hospitals.”

No other members of Pratt’s transition team have been named. However, Henson confirmed that he and two other men have met with members of the city office of real estate to discuss its functions. One of the men identified by Henson, Arnold Hawkins, is an attorney with Harbor Title Guarantee Company, and gave $1,000 to the Pratt campaign before the September primary.

Asked why he was asked to chair the transition team, Henson says, “If I was smart enough to win the election, I guess the comptroller-elect thought I was smart enough to chair the transition team.” Pratt did not return phone calls seeking comment for this story, and Henson said the comptroller-elect would not speak to City Paper.

Believe It … Or Not: Measuring O’Malley’s March on Baltimore

By Van Smith

Published by City Paper, Aug. 27, 2003

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Good news is never hard to find when mayors seek re-election. Former Mayor Kurt Schmoke’s last political campaign in 1995 published a whole book of good news about his administration’s then-ongoing efforts in Baltimore. As is now widely recognized, though, the bad news far outweighed the good during the Schmoke years, which were marked by a cerebral approach to governance that produced paltry results and left the city’s psyche stigmatized by failure.

Schmoke’s charismatic successor, Martin O’Malley, was elected in 1999 on an ambitious anti-crime platform and a promising slogan, “For Reform and Change.” He won with a strong mandate that created high expectations and a refreshing sense of hope for the city. As he now runs for re-election as the distinct favorite in the six-way Democratic primary, O’Malley croons earnestly about the upturn Baltimore has seen during his four years in office. While his new campaign slogan–“Because Better Isn’t Good Enough”–suggests that his record has shortcomings he is willing to acknowledge, he’s still found plenty to boast about. Here’s a taste of some of the O’Malley campaign’s bragging points, lifted from its promotional materials:

  • “Baltimore has, in just a few years, achieved the largest [violent-crime] reduction of any major city in America.
  • “Baltimore’s per pupil spending increased by 15 percent [since 1999] . . . improving from 6th to 2nd highest in the state.
  • “In 2002 alone, the Baltimore Development Corporation’s efforts brought 6,000 jobs to Baltimore.”

Also available to help boost civic optimism during this election season is the Believe campaign, a multimillion-dollar advertising effort underwritten largely by the nonprofit Baltimore Police Foundation. The campaign aims to empower Baltimoreans to overcome the ravages of illegal drugs, and its most visible impact has been the thousands of images of the word “believe” that have placarded the city since last year. Believe’s latest media blitz, which started this summer and is ongoing, charts and celebrates the city’s progress since 1999. That’s the year before O’Malley took the reins of City Hall. Thus, Believe’s current feel-good message is not only about Baltimore’s efforts to tamp down its violent drug culture but also about O’Malley’s record as mayor.

Amid this propaganda, it’s hard to know what to trust. Critical thinking, after all, demands an innate skepticism of messages in advertising, because campaigns, whether political or commercial, are designed to make use of advantageous information rather than present a balanced picture.

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For instance, one could reason that Baltimore’s chart-topping reduction in violent crime is less remarkable than it sounds because, as the most violent city in the United States in 1999 (now the second most violent, behind Detroit), positive trends here have a greater statistical impact than in other, less violent cities. And while per-pupil spending increased 15 percent overall between 1999 and 2002, school enrollment during that period declined by almost 9 percent. With fewer students entering the system each year, per-student spending would increase naturally with a flat budget–and dramatically so with the modest budget increases that have been secured during O’Malley’s tenure in City Hall.

As for the 6,000 new jobs in 2002, attributed to the work of the city’s quasi-public economic development agency, that’s a lot of slots in a city where the number of unemployed people hovers around 25,000. The fact remains, though, that there were nearly 2,000 more unemployed people in the city’s labor force this June than there were in the beginning of 2002. And the unemployment rate has risen slightly rather than dropped during the same period. These facts strongly suggest that those 6,000 jobs were not filled predominantly by city residents but by commuters from surrounding areas.

Thus, the O’Malley camp’s upbeat take on the last four years begs other relevant ways to plumb Baltimore’s progress–different gauges than O’Malley’s people are emphasizing, ones that instead look at facets of city life not necessarily found in the campaign leaflets. The following results are mixed, and thus will please O’Malley supporters and detractors alike. And they show that O’Malley’s assertion that “better isn’t good enough” is dead-on in summing up his first term. The city’s stock has risen, but there’s room for improvement.

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On election day 1999, Martin O’Malley was the beneficiary of a very important statistic when he chalked up 53 percent of the votes in what had shaken down to be a three-way, racially charged Democratic Primary pitting him, a white guy, against former City Councilman Carl Stokes and then-City Council President Lawrence Bell, both of whom are black. “There is more that unites us than divides us,” O’Malley often said that summer–a sentiment that, along with his bold promises to reduce crime using New York City’s successful approach as a model, resonated with an electorate that seemed exhausted from years of decline, violence, and divisiveness.

After the votes were counted, even some of those who worked against him were ebullient. “Martin O’Malley has a clear mandate from the entire city,” said former City Council president, 1995 mayoral candidate, and current 14th District City Council candidate Mary Pat Clarke, who supported Bell in the 1999 race. “This city, black and white, voted for Martin O’Malley. And it was not marginal. It was resounding. He has a mandate to lead the whole city. It’s a wondrous thing to behold.”

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O’Malley’s votes in that race, nonetheless, reflected the realities of the city’s stark divide between poor African-Americans and everyone else. The precincts that supported O’Malley–including many predominantly black precincts–were spread thickly across the city, with the exception of two, hard-to-ignore areas: the blighted, poverty-stricken swaths on the east and west sides, which form a butterfly-wing pattern with midtown at the center. These neighborhoods–Upton, Druid Heights, Sandtown-Winchester, Harlem Park, Rosemont, Poppleton, Edmondson Village, and others on the west side, and Middle East, Berea, Clifton Park, Jonestown, Greenmount West, and others on the east side–did not buy into the O’Malley agenda as it was spelled out during the ’99 campaign. Stokes or Bell won most of the votes in these butterfly wings, which are overwhelmingly black and are home to about a third of the city’s population.

These neighborhoods, more than any others in the city, have the most to gain from City Hall’s policies since they suffer most from Baltimore’s famous ills. Here, according to data published by the Baltimore Neighborhood Indicators Alliance (www. bnia. org), a Charles Village-based nonprofit that has taken on the Herculean task of collecting and analyzing myriad measures of Baltimore’s communities, a fifth of all serious crime is violent, vs. a 10th in the rest of the city. Here, more than a third of family households are headed by single mothers, vs. a fifth in the rest of the city. Here, about 60 percent of mothers receive first-trimester pre-natal care, vs. three-quarters of the mothers in the rest of the city. Here, nearly 40 percent of working people don’t use cars to get to their jobs, vs. less than 25 percent in the rest of the city. And here, out of every 1,000 juveniles, an average of 124 were arrested in 2001, vs. 95 in the rest of the city; the rate of juvenile arrests in these neighborhoods jumped to 142 per 1,000 juveniles in 2002. The list of disparities is long and poignant.

If, as his 1999 campaign materials noted, New York City was O’Malley’s model for success, then Baltimore’s poorest neighborhoods would benefit most from his policies, as happened during New York’s renaissance in the 1990s. Mayor Rudolph Giuliani’s approach–while widely vilified, largely because of the man’s brusque personality and a few horrific incidents involving his police force–was to commit resources where they were most needed, and thus he helped spur revival in Gotham’s most hard-pressed areas as well as its most prosperous. And, despite opinions to the contrary, Giuliani achieved these gains while reducing the number of police-involved shootings compared to his predecessor. So, has the approach worked in Baltimore under O’Malley’s guiding hand? Yes and no.

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There’s just no arguing the gains made in the critical early grades of the Baltimore City public schools during the last five years. Scores in the nationwide TerraNova standardized tests rose dramatically across the board between the 1998-’99 and 2002-’03 school years in the city’s elementary-school grades. And those gains, reflected in a recently released school system report, have been greatest in schools serving the city’s poorest neighborhoods–though the situation is reversed in scores for sixth-graders. The greatest climb in average percentile rankings was in poor areas’ second-grade reading scores, which jumped an average of 23.2 points in the five-year period, while the scores rose 17.1 points for second-graders in the rest of the city’s schools. Sixth-graders scores in the poor schools, though, climbed an average of 9.6 points, compared to 19.6 at all the other city schools.

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O’Malley attributes this overall success in part to expanding programs that target kids before they enter first grade. “We have gone from 109 full-day kindergarten classes to 297, reaching that mandate five years ahead of when the state wanted us to,” he cited during a recent interview with City Paper in his City Hall office. “And we’ve gone from one full-day pre-K program to 91.” He also pointed out that the school system’s efforts to standardize course content have helped, too, given that “a lot of kids are in three or four or five different schools in the course of a year, [and are faced] with a different curriculum every time.”

Kids living in poverty, O’Malley observes, have to prevail over more severe obstacles in order to learn well, so the greater improvements in test scores at schools serving poor children are that much more impressive. “The neighborhood environment from which our poor children are drawn have a lot bigger societal problems . . . [such as] violent crime, drug addiction, and the sort of societal abandonment, familial abandonment, that those things fuel, than in other areas of our city,” he said. “Unfortunately, [these students] have to overcome a lot more of the baggage that we as a society still allow to be heaped upon them through no fault of their own.

“So I don’t think it’s accidental that our kids are doing better in school as the city’s becoming safer and as more parents are getting into drug treatment,” he continued. “I think all of this works together. And the expectations for their success I think are greater than maybe they’ve been in years past.”

Of any single area under city government’s bailiwick, though, the school system is the one over which the mayor has the least direct influence. This is the result of a partial state takeover of city schools during Schmoke’s last term–a negotiated outcome to settle a long-litigated lawsuit. Thus, while O’Malley has some say over schools policy by virtue of his control over nine appointments to the 18-member school board and the city’s 23.5 percent contribution to the system’s 2002 budget, he can’t take full credit for its success or failure. Nonetheless, his limited clout in the schools arena means he can tout–with a measure of modesty–the remarkable rise in test scores as part of his record as mayor.

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By and large, the city’s poorest neighborhoods fall in two of the city’s nine police districts, the Eastern and the Western. Examining the crime numbers in these two districts in 1999 and 2002, vs. the other seven districts, turns up mixed results. According to police department data, overall violent crime in the Eastern and Western districts combined has dropped 31 percent from 1999 to 2002, while nonfatal shootings have dropped almost 38 percent. But murders rose nearly 15 percent in 2002 compared to 1999–and the two districts’ share of the city’s total number of homicides has increased from nearly 30 percent in 1999 to more than 41 percent in 2002.

Running the same analysis on 2003’s year-to-date figures in the Eastern and Western districts as of Aug. 9, vs. 1999’s numbers on the same date, show that the disparity is even greater this year. Murders are up 50 percent from 1999, while violent crime has dropped more than 42 percent and shootings more than 18 percent. According to the police department’s own statistics, the Eastern and Western districts have become less violent but far more deadly.

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“I had never seen these murder numbers broken down like this before,” O’Malley commented while reviewing these statistics. “It’s an interesting way to break them down.” But his response was to repeat Giuliani’s mantra: “We apply our resources to where the problems are.” And then he opened his crime-numbers notebook and recited figures showing that violent crime is down dramatically in every district, including the Eastern and Western.

“You know,” he added, “all of this is a work in progress. I’m not happy with 253.” That’s the number of murders committed citywide in 2002–a far cry from the 175 he had promised by that date during the 1999 campaign and during the first two years of his administration. “We’re going to continue to go down from there.”

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And the mayor got exercised over projections of this year’s final murder tally, which as of press time is on track to reach about 285 by the end of December. “Everybody always wants to project that year-end number,” he said with palpable disgust. “I mean, they want to do it in July. And a half a year’s left. And it is awful and it’s morbid and it’s cold to talk statistics. One homicide is one homicide too many.

“But we deploy our resources to where the problems are,” O’Malley continued, getting back to the disproportionate violence in the Eastern and Western districts. “And all of this, it is still young. The open-air drug trade in this city was allowed to grow and flourish and develop and become as acute as it did over a 25-year slide. And so we are going to continue to hammer it.”

Another area that O’Malley has targeted is police corruption. It’s a ticklish subject, and one on which he mounted his bully pulpit starting in 1993, when he was a young councilman. “The few bad apples are just that–the few,” he said in an impassioned speech on the council floor 10 years ago. “But there is not a single knowledgeable person in federal, state, or local law enforcement today who will deny that we have a growing problem with street-level corruption.”

During the 1999 campaign, O’Malley repeatedly stressed the importance of “policing the police,” and continued to fuel the perception that the corruption problem in the department was acute. And he asserted that the problem had been swept under the rug for years. After he was elected, he hired a consulting firm, the Maple/Linder Group of New York City, to do a full assessment of the police department, including an internal survey of sworn officers. The findings on corruption were eye-popping. “While 48.7 percent of respondents believe that five percent or less of . . . officers are stealing money or drugs from drug dealers,” the report reads, “23.2 percent believe the number is greater than a quarter of the department.” Based on the buzz O’Malley sounded, many in Baltimore expected to see heads starting to roll.

It never really happened. There was one infamous case–Agent Brian Sewell, who was accused of planting drugs on an innocent suspect as a result of a sting operation. But the case tanked when the alleged evidence against him was pilfered by the lead investigator in the case from a secret internal-investigations office in Essex around Christmas 2000. (The department used its administrative procedures to fire Sewell. He appealed successfully, winning the right to a new trial-board hearing, but agreed to leave the force rather than go through another proceeding. Sewell recently died in an accident at Andrews Air force Base, where he had been assigned for duty with the Maryland National Guard.)

Other than Sewell, police department spokesman Matt Jablow says only three other officers–Jacqueline Folio, Scott Fullwood, and an unnamed member of the force–failed the 217 drug-related integrity stings staged by the department’s Internal Affairs Division since the beginning of 2000. The unnamed officer, Jablow explained, “struck a deal” and retired, so the department is unwilling to reveal his name.

“We’ve been doing 100 integrity stings a year for the last few years,” O’Malley explained, somewhat apologetically. “Some of them are targeted, a lot of them are random. Like everything else we do in this department, there is plenty of room for improvement as far as how we police our police. We’re doing more of it than we ever have. We have not come across that sort of beehive’s nest of every officer on a shift in a particular precinct [involved in corruption], like they had in New York, where they had a couple of celebrated cases. But [police Commissioner Kevin] Clark believes that we can do those targeted stings even more effectively than we have done them in the past.

“You don’t start a new effort like that and have it perfect overnight,” he continued. “And obviously from some of the problems that we had in some of those prosecutions [e.g., the Sewell case], it was pretty apparent that this was something new for us. But I had been somewhat surprised not to find more of that, given the way the drug trade took over big swaths of the city. But we’ll continue to be on the lookout for it and to improve the effectiveness of the investigations.”

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In 1999, as O’Malley was running for mayor on an anti-crime platform, critics sometimes complained that he was a one-trick pony. Even his economic development ideas were built on crime-fighting. When asked during an interview that summer what the government’s role is in creating jobs and improving the business climate, for instance, he responded that “you do both of those things by first accomplishing job one of any organized government, which is public safety. I think there is no way to create jobs or to improve the business environment if the only businesses expanding are these open-air drug markets.”

But there was more to his plan than boosting law-enforcement. It also involved “having a mayor more actively involved with our lending institutions and letting them know where opportunities exist in this city,” he continued, “where they can make a dollar and where they can help build this city again. Businesses, their knock on city government isn’t a whole helluva lot different than citizens. Nobody returns their phone calls and nobody listens. So that’s what it’s all about.”

Today, O’Malley likes to talk about the $1.6 billion in new construction that he says is underway in Baltimore. Apparently, by that measure, his one-two punch of crime-fighting and massaging the investing class has worked pretty well. While unemployment remains high–the June figure for the city was 8.8 percent, compared to 5.2 percent for the metro region and 4.3 percent for Maryland overall–that’s largely out of his control, given the national economic recession that took hold in 2000, just as he was getting traction as the new mayor.

“We haven’t taken as severe a hit to our overall job base [during this recession] as other cities,” says Anirban Basu, an economist who heads the Fells Point-based consulting firm Optimal Solutions. “And that’s a radical departure from the recession of the early 1990s, when Baltimore was a laggard in recovering compared to other cities, which tended to come out strong during the rest of the decade. A lot of people expected a repeat performance this time, and that never materialized.” Basu attributes that in part to the wealth in the region, which means more businesses and individuals qualify to take advantage of the historically low interest rates on bank loans: “That’s why we have had such a terrific housing market in Baltimore City, which has the cheapest housing stock in the region, so it is likely people are going to look there first for deals. And many would-be renters have been empowered to buy homes.”

Baltimore’s relative prosperity amid a recession is hard to attribute directly to O’Malley’s efforts. But his efforts have certainly helped. While several formal economic-development strategies have been conceived during O’Malley’s four years in office, two were much ballyhooed early on. First, and the one that was promised often during his 1999 campaign, was to leverage the power of the Community Reinvestment Act (CRA), the federal law requiring banks to make loans in poorer neighborhoods from which they draw depositors. And the second, adopted after he gained office, was to grow the local technology industry in a drive that was dubbed “The Digital Harbor.”

It’s hard to quantify how effectively O’Malley has wielded the CRA to bring new investment to Baltimore. But the extent to which he’s succeeded at all is an achievement, because the CRA has become an increasingly impotent tool in recent years. The main trend that has weakened the CRA is the fact that national mortgage-lending companies have increasingly become the lender of choice for many homebuyers and for those refinancing their mortgages. Such companies generally do not have local branches where consumers make deposits, and thus are not subject to the CRA’s provisions.

So, while O’Malley talked a big CRA game during the 1999 campaign–saying, for instance, that he would use “that hammer of monitoring the banks and the threat that you’ll mess up their business and their ability to merge and do what banks like to do in this era”–his tone has been much more conciliatory toward the banks since he took office. “A lot more of our banks were more savvy [on the CRA front] than we had anticipated,” he explained recently.

Despite the CRA’s increasingly limited reach, several local banks that do take deposits from Baltimore have outstanding CRA ratings, and they’ve stepped up to the plate with sizable CRA-eligible loans for local development efforts. Most impressive has been the Bank of America, which, by O’Malley’s tally, has financed or invested in ongoing local projects to the tune of approximately $170 million.

And O’Malley can take credit for getting banks to help underwrite the efforts of the Community Development Finance Corp., a quasi-public lending institution that makes risky loans for redevelopment in low-income areas and that was riddled with scandal under Schmoke. “Quite frankly,” he explained, “many of [the banks] were very reluctant to do it unless we put better checks and balances in place to safeguard the value of their loans. But I had several one-on-one meetings with them and lots of phone calls, lots of lobbying, begging, arm-twisting. We changed the rules at CDFC in terms of giving the banks some greater voice in the loans that we make and some greater oversight. But we got the banks to re-up, and that was to the tune of $26 million that they put into the CDFC.”

In the heady early days of his administration, Digital Harbor quickly became the most heralded piece of O’Malley’s economic-development package. “Our working waterfront,” O’Malley proclaimed in an early-2000 speech before a large gathering of the centrist Democratic Leadership Council, a national group that promotes results-oriented governance, “once again has become our port to a new economy with dozens of Digital Harbor companies filling revitalized space formerly occupied by manufacturing and warehouse equipment. We have made recruiting, supporting, and growing tech companies our highest economic-development priority because the Digital Harbor is Baltimore’s future.”

Digital Harbor was just getting up and running in 2000 when the tech-industry bubble burst. While little positive news has been heard about it since the tech collapse, local tech-industry leaders remain upbeat. “Baltimore City has done extraordinarily well” given the industry’s downturn, says Penny Lewandowski, who directs the Greater Baltimore Technology Council, a trade group based in the American Can Company complex in Canton. “I can name only three companies that did not survive–Cycle Shark, Gr8, and Tide Point LLC.” Her rosy take has required a slight shift in perspective. “Digital Harbor,” she explains, “is not just about companies that are exclusively technology, but how technology affects traditional businesses as well. So, did the mayor make the right bet? Absolutely.”

Basu gives a less optimistic appraisal of the tech industry’s status in the city today, but he backs Lewandowski’s basic conclusions. “The collapse hasn’t been quite the bloodbath it’s been nationally,” he says, pointing out that the large infusion of federal research dollars into the local economy and regional tech industry’s reliance on those federal contracts have helped. “Federal-government contracts account for about 40 percent of the state’s tech-industry revenues, versus about 10 percent in Silicon Valley.”

The main reason for tech’s resilience in Baltimore in the face of a national downturn, Basu says, is that Baltimore had less to lose than other cities. “Baltimore has not been a hotbed of private-sector technology in much of its history,” he explains. “It was late in coming to the table–and then, just as the momentum was building, the tech industry goes bust.”

O’Malley’s focus in the tech arena also has shifted since the tech collapse–from information technology and telecommunications, which were the hardest hit areas, to biotechnology, which is a less mercurial beast. “What we are trying to do,” he explained, “is to create the expectation that in our already fairly diverse economy, that we are ready and have the natural resources–the colleges and universities and research institutions–to be able to grow that sector of the economy which could be called the new economy. And I think our area, where we have greater strengths than others, is going to be in biotech.” To that end, the city is soon to become home to two biotechnology parks–one on the east side and affiliated with Johns Hopkins University; the other on the west side, being developed by the University of Maryland.

City government’s role in all of this is not so much “the bricks-and-mortar visibility,” O’Malley said, but work-force development–investing in programs that will prepare city residents to participate in the new economy. And he’s more than happy, along with his technology coordinator, Mario Armstrong, to recite a list of new initiatives. First and foremost, O’Malley and Armstrong explain, is the radical gain in the ratio of students to computers in the classroom. “We used to be at 10 to 1, now we’re at three-and-a-half to one,” Armstrong said enthusiastically. “That was us making it a priority,” O’Malley continues, “Carmen [Russo, the outgoing city schools chief] not fighting us on being involved in it, a million dollars of general funds, and 6,000 computers from the Social Security Administration, which we paid to have retrofitted.”

Armstrong’s list of other programs and accomplishments is long and sounds impressive. The Hewlett-Packard Digital Village program aims to train teachers to use computers and incorporate them into class curriculum so students learn in a tech-savvy environment. Digital Village Hubs, which are after-school centers that provide public access to computers, have been established at three locations on the east side. Many of the city’s public-housing projects now have computer centers, and about 1,200 people a month are using them. Five computer-oriented Youth Opportunity Centers have been opened around the city, giving children more occasions to use computers after school. And three Digital Learning Labs have opened, which provide computer-training courses that, in June, taught almost 500 people how to use the technology.

Whether all of this activity actually results in a more job-ready work force for the city’s still-fledgling new economy is the question. As Basu says of the city’s work force-development initiatives, “it will be interesting to see how well it works, but it’s good to see they’re trying.”

It’s less clear that the O’malley administration has been trying on another front where he promised progress when he first ran for mayor: maximizing budget efficiency by reducing the amount of money granted to contractors for “extra work” on city contracts. “I think there are areas where we spend too much [city] money,” he said during a campaign interview four years ago. “One of those is in the letting of public-works contracts through the Board of Estimates. I think that the additional work orders and the inflation on those contracts really needs to be checked.”

Just to be clear, we’ll call what O’Malley was talking about “contract add-ons.” They are routinely passed by the city’s five-member Board of Estimates, which approves much of the city’s spending on a weekly basis and which is controlled by O’Malley by virtue of his seat on the board, plus two mayoral appointees. When the board approves a contract add-on, they are granting city contractors payments in addition to the amount of the original contract. The payments were the subject of occasional controversy during Schmoke’s tenure at City Hall, based on suspicions that some such payments were unnecessary and wasteful. After O’Malley came into office, City Councilman Nicholas D’Adamo Jr. in 2000 announced that, based on numbers he had obtained, the city had spent $99 million on such additional work in the previous five years–though he never completed his promised report on the problem.

Board of Estimates records of two three-year periods of city spending–1994-’96 under Schmoke, and 2000-’02 under O’Malley–reveal a mixed bag of progress on this front. While the board has granted fewer add-ons under O’Malley than they did under Schmoke and has reduced the number of contracts receiving additional work, the amounts granted have grown–especially when measured as a share of the total value of city contracts receiving additional payments. While the city spent $24.2 million on add-ons during the three-year period under Schmoke, it spent $27.4 million on such additional payments under O’Malley–and the add-ons’ share of the total value of contracts rose from 3.3 percent to 6.5 percent.

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The mayor’s office provided alternative figures to City Paper, but they don’t square with the records of the Board of Estimates, which were the basis for City Paper‘s analysis and which are the only source available for the public to independently research city spending patterns. Raquel Guillory, the mayor’s chief spokeswoman, told City Paper the total value of contracts from 1994 through ’96 was $323,649,981, with add-ons comprising 8.4 percent of that total, while the figures for 2000 through ’02 were $379,340,369 and 7.2 percent, respectively. Thus, the O’Malley administration’s numbers show efficiency–add-ons as a percentage of total contract amounts–has increased under O’Malley, while City Paper shows greatly increased inefficiency under O’Malley.

City Paper asked Guillory to explain how city government arrived at their figures. She said that the city’s numbers were derived from the sum total of construction contracts that came before the Board of Estimates for contract add-ons. City Paper based its figures on the sum total of all city contracts–including everything from waste-water treatment improvements to consulting work to digital mapping of the city.

Guillory also explains that two projects worked on under the O’Malley administration–extensive and glitch-riddled contracts on the police headquarters building and Hopkins Plaza downtown–were held over from the Schmoke administration and made up for a large amount of the extra work passed by the Board of Estimates during O’Malley’s term. Also, O’Malley adds, city managers have “been trying to do a better job in terms of the degree of detail that’s in the contracts to begin with, when they go out for bid,” explaining that “if we put out better contracts, we might get the job done for less, without these expensive overages.” So far, the Board of Estimate records don’t reflect the improvements O’Malley suggested have had a money-saving effect, because both the amount and the share of additional work have risen markedly compared to the Schmoke administration in the mid-1990s.

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In the heady days after winning the 1999 primary, O’Malley sat down with a reporter to discuss his victory. One of the many interesting facets of the story was the demise of the once-famous friendship between O’Malley and his longtime partner in politics, Lawrence Bell, whom he trounced at the ballot boxes. Bell, O’Malley believed, had messed up his electoral fortunes with a variety of missteps, but primarily by ditching his long-established political persona as an independent rebel and choosing instead to align himself with the established political forces behind Schmoke.

“I said,” O’Malley recalled in 1999, “‘Even if you are lucky enough to stumble into this thing backwards, you are not going to be able to usher in the sort of change the city needs by relying on the old warhorses. It won’t be possible.’ I said, ‘How you win also dictates how you are able to govern.’ I said, ‘If you win this way, you won’t be able to govern.'”

O’Malley’s 1999 mayoral campaign, in contrast to Bell’s, was marked by efficient fund-raising and spending, a hard-working and diverse cadre of workers, a focus on a few key issues, backing from a panoply of state leaders, and support from an energized public. Like Bell, though, he relied on old warhorses–even older than Bell’s. Not Schmoke’s people (though many of them have since come into the O’Malley fold), but those of his father-in-law, state Attorney General Joseph Curran Jr., and those of State Comptroller (and former mayor and governor) William Donald Schaefer, whose long-loyal cronies turned up in thick numbers in O’Malley’s 1999 campaign and have been well represented in O’Malley’s brain trust. Among them are lawyer-advisor Richard Berndt and former deputy mayor Laurie Schwartz, who left O’Malley’s cabinet last winter after serving since he was elected.

If O’Malley’s advice to Bell was accurate–that “how you win also dictates how you are able to govern”–then O’Malley’s admirably well-run 1999 campaign would lead to overall good governance with fundamental reform limited by his reliance on “old warhorses.” Either way, O’Malley now sums up his first four years in office with the half-apologetic campaign slogan “Because Better Isn’t Good Enough.” And now it’s up to the voters to decide whether–given his record of improved school-test scores, more deadly violence in poor neighborhoods, limited success fighting police corruption, greater private investment and work-force development efforts, and inefficient city contracts–better was in fact good enough. We’ll find out when the votes are tallied.

Holy War: Inside the Crusade to Kill Maryland’s New Marriage-Equality Law

By Van Smith

Published by City Paper, Oct. 3, 2012

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Maryland holds a special place in the legal history of same-sex marriage in America. In 1973, Maryland lawmakers reacted to marriage attempts by same-sex couples by enacting the nation’s first state law defining marriage as occurring between one man and one woman—what has since been dubbed the Defense of Marriage Act (DOMA), which became federal law in 1996.

This year, nearly two generations later, Maryland reversed course and passed the Civil Marriage Protection Act (CMPA), legalizing same-sex marriages. While public polls show it is increasingly popular nationwide and in Maryland, same-sex marriage is anathema to many for whom the Bible, which frowns on homosexuality, is “The Word,” setting God’s laws for all people. And for them, the National Organization for Marriage (NOM) is the best hope for keeping the biblical basis for marriage on the law books in Maryland and wherever else it is threatened.

Since forming in 2007 to back California’s Proposition 8, the successful constitutional-amendment referendum to end same-sex marriages there, NOM has been the driving force to keep gays and lesbians from gaining or maintaining the legal right to marry in America. With the passage of the CMPA in Maryland, NOM’s well-honed organizational prowess has come to the state in the form of the Maryland Marriage Alliance (MMA), on whose three-member board sits NOM’s executive director, Brian S. Brown.

MMA and NOM donated more than four-fifths of the money raised to support the highly successful petition drive that landed the CMPA on the Nov. 6 ballot as Question 6, which will decide whether the law survives. And MMA is the main group—joined by one other, Jump the Broom for Marriages (JBM)—registered to raise and spend campaign funds to defeat Question 6. The first campaign-finance reports of the ballot battle are due in October, so who’s raising and spending how much, and where the money’s coming from, remains to be seen.

In each of the 32 times same-sex marriage questions were on state ballots around the country, they have failed, and those opposed are determined to make sure that happens again this year in Maryland, as well as in the other three states—Maine, Minnesota, and Washington—that have ballot questions on the issue on Nov. 6.

The question is: How far will NOM, MMA, and JBM go in their attempt to kill the new law, given that polling shows a majority of Marylanders support gay marriage and a dwindling number oppose it?

The answer may never be entirely clear, since NOM goes to great lengths in its attempts to protect how it raises and spends money from public scrutiny. But based on NOM’s past conduct, its time-tested partnerships with anti-gay-marriage leaders in Maryland, and JBM’s ties to a Maryland political mover-and-shaker with scandal in his past, expect anti-gay-marriage tactics to get ugly in Maryland.

The ugliness has already shown its face in the rhetoric of NOM-tied preachers in Maryland. Perhaps the boldest statements have come from Bishop Harry R. Jackson Jr., of Hope Christian Church in Beltsville, where MMA Executive Director Derek McCoy is associate pastor. Jackson has linked gay marriage with “a Satanic plot to destroy our seed.”

Among longtime opponents of gay marriage in Maryland, such as state Del. Donald Dwyer (R-Anne Arundel County)—who has introduced legislation each year for nearly a decade that would make DOMA an amendment to the Maryland Constitution—and Michael Peroutka of the Institute on the Constitution (IOTC), a longtime Dwyer supporter, the use of venom against gays and lesbians is particularly overt.

In a February column on the IOTC’s web site, the American View, Peroutka praises Dwyer “valiantly fighting the desperate efforts of the sodomite lobby in Annapolis to redefine the God-given and God-ordained institution of marriage.” He then goes on to thank Dwyer for the way he testified against the CMPA, since it helped Peroutka realize something “that had eluded me.” That something was this, as memorialized in Dwyer’s written testimony:

“The reason why it is so desperately important to homosexuals to redefine marriage has little to do with ‘fairness’ and much to do with gaining access to straight, normal, decent Maryland children. . . . You see, homosexuals can’t reproduce. So they must recruit. The best place to recruit is in schools where they can have unfettered access to children. . . . Stripped of all its phony ‘fairness’ language, what is being pushed is nothing short of government-authorized perversion of Maryland children. It’s a license for child abuse.”

In August, Bishop Jackson echoed this point at Glenn Beck’s “Under God: Indivisible” conference in Texas, saying, in connection with the gay marriage issue, that “folks who cannot reproduce want to recruit your kids.”

After the CMPA passed in Annapolis, Peroutka wrote a column entitled “Maryland Legislature Commits Suicide.” In it, he concluded that “no earthly government body can redefine marriage any more than it can redefine the law of gravity” and that “no matter how much ink gets spilled on paper in Annapolis, no change has occurred in either the laws of gravity or the definition of marriage. . . . Until this Governor is impeached and until this legislature is recalled and replaced with citizens who know the law and the limits of civil jurisdiction, there is no reason to consider this a valid legislature or this a legitimate governor. Other than fear, I can think of no reason to further obey their dictates.”

In this environment among opponents of gay marriage, it was hardly surprising when Dennis Leatherman, pastor of the Mountain Lake Independent Baptist Church in Oakland, Md., said of gays during a May sermon: “Kill them all. Right? I will be very honest with you. My flesh kind of likes that idea.” Then he backed off, noting that such a notion “violates Scripture. It is wrong.”

On the other side of the marriage-equality question, potent backing for Question 6 has been found among prominent African-American pastors who agree with the Maryland NAACP, as well as its branches in Baltimore and Prince George’s County, that marriage equality is a civil rights issue. Many of them gathered to speak in support of Question 6 at a Sept. 21 press conference at the National Press Club in Washington, D.C.

The roster of African-American luminaries from churches across the country who came to the event included well-known names among the faithful, such as Dr. Otis Moss III, of Trinity United Church of Christ in Chicago; Dr. Amos C. Brown of the Third Baptist Church in San Francisco; Dr. Frederick D. Haynes III, of Friendship-West Baptist Church in Dallas; and Dr. Howard-John Wesley of Alfred Street Baptist Church in Alexandria, Va. Their arguments invoked the “equal protection under the law” clause of the 14th Amendment of the U.S. Constitution—the same clause that undergirded the legal arguments for civil rights causes that were so bitterly fought in U.S. history—and stressed the tradition of separation of church and state, pointing out that civil laws and religious tenets best not intermingle, including in questions of marriage.

All spoke passionately, with concise, tightly hewn moral and theological logic. The marquee name at the event was Rev. Al Sharpton, who delivered a short homily, pointing out that he’s been for same-sex marriage since 2003. But perhaps the tightest, most moving statement came from someone who may not be a household name: Dr. Brad R. Braxton of the Open Church in Baltimore.

“My support of marriage equality is an endorsement of justice and love,” Braxton began. “Marriage can be a moral good,” he continued, and “denying access to the fullness of that moral good on the basis of sexual orientation is politically unjust and morally inappropriate.” After acknowledging the diversity of views on the issue and emphasizing that they “need to be discussed and debated in a respectful manner,” Braxton said, “my enthusiastic support of this legislation is rooted in a sense of political justice.” He invoked the past, saying that “as an African-American Christian pastor and theologian, I feel a moral obligation to advocate for marriage equality” because “in this country’s history, African-Americans were once denied the right to marry and form families. As a descendent of people who were denied these rights, why would I want to deny gay and lesbian people these rights?”

Finally, Braxton spoke of the power and goodness of love. “Marriage equality is a celebration of love,” he said, and “in light of the hatred and hostility in our world, we should celebrate and protect the political right of two consenting adults to unite in love to form a family. Surely, relationships rooted in love, irrespective of one’s sexual orientation, strengthen the body politic and enhance the common good. If we genuinely want liberty and justice for all, then it is crucial for voters in Maryland to vote ‘Yes’ on Question 6 on this year’s ballot. A ‘Yes’ vote affirms that the small word—‘all’—is really big enough to include everyone.”

Other than engaging in the battle of words that marks any policy debate, opponents of same-sex marriage also employ litigation, which NOM has undertaken readily in other states—and which MMA has already put to use in Maryland.

Though only five years old, NOM has sued five times in federal court: in California, Maine, New York, Rhode Island, and Florida. Each time, it sought to overturn aspects of the states’ election laws in order to avoid campaign-finance reporting requirements, and each time, it failed. On its legal team for each case was James Bopp, the attorney who started the successful Citizens United lawsuit that prompted the U.S. Supreme Court decision that led to super PACs, which are allowed to raise unlimited amounts of money in politics.

So far, NOM and MMA have not attempted to undermine Maryland’s campaign-finance laws in the courts. But in August, MMA filed a lawsuit in Anne Arundel County Circuit Court, seeking to replace the ballot language of Question 6 and replace it with its own proposed language. In addition to MMA, the plaintiffs were its executive director and board member, Derek McCoy, and state Del. Emmett C. Burns (D-10th District), a Baltimore pastor. They withdrew their complaint in September, but what it says reveals much about how anti-Question 6 forces feel about the law they want overturned.

The approved ballot language for Question 6 reads:

Establishes that Maryland’s civil marriage laws allow gay and lesbian couples to obtain a civil marriage license, provided they are not otherwise prohibited from marrying; protects clergy from having to perform any particular marriage ceremony in violation of their religious beliefs; affirms that each religious faith has exclusive control over its own theological doctrine regarding who may marry within that faith; and provides that religious organizations and certain related entities are not required to provide goods, services, or benefits to an individual related to the celebration or promotion of marriage in violation of their religious beliefs.

Here is the language MMA proposed in its lawsuit:

Redefines marriage as between one man and one woman to allow gay and lesbian couples to marry; exposes clergy and certain non-profit charitable organizations which are not operated, supervised, or controlled by a religious organization to liability for refusing to perform same-sex marriage against their religious convictions; only provides limited exceptions to clergy from having to perform any particular marriage ceremony in violation of their religious beliefs; provides no protection for religious or other non-profit organizations that receive State and/or Federal funding for its programs from having to perform any particular marriage ceremony in violation of their religious beliefs; provides for a criminal charge of misdemeanor and on conviction is subject to a fine of up to $500.00.

The differences between the two are stark. The approved language emphasizes that clergy and religious organizations are explicitly protected from liability should they choose not to marry gay and lesbian couples. But the proposed MMA language says that’s not so, claiming that the law “exposes” clergy and others who perform marriage ceremony to liability, including criminal prosecution.

The only provisions for criminal penalties in the CMPA, though, pertain to individuals who marry their relatives. There is nothing in the law suggesting clergy or others who conduct marriage ceremonies are liable for anything, criminally or otherwise. That hasn’t stopped MMA from suggesting otherwise by using rhetorical devices designed to shed doubt on anything Question 6 supporters say.

On Sept. 23, after MMA dropped its lawsuit over the Question 6 language, McCoy took the stage at Manna Bible Baptist Church in Baltimore to speak about the law and MMA’s drive to defeat it. In the speech, which was posted on YouTube, McCoy admitted that the new law won’t penalize pastors and churches that don’t perform same-sex marriage ceremonies.

“What you’re going to hear is, ‘Well, that bill does not force pastors to marry anybody in their pulpits. It gives churches the free rein to do whatever they want to do. You don’t have to worry, this is only a civil marriage license.’ Most of the stuff you are going to hear on the other side, saying, ‘It’s not going to do this, and it’s not going to do this, this is civil marriage, and da-da-da,’” McCoy said, “I just want you to know, it’s just not true.”

Thus, when McCoy declared, “That is true, they will not come tomorrow and handcuff Pastor Gaines,” Manna’s leader, he had already gone to such great lengths to sow doubt about the other side’s veracity that his listeners may well believe that, in fact, something like that could happen if Question 6 passes. It’s a time-tested trick—when faced with opposing facts that are unassailable, undermine them with blanket assaults on the opponent’s honesty. When it works, believers take it as a matter of faith that the other side is simply wrong on every score.

City Paper attempted to reach McCoy for comment, but did not hear back from him by press time.

The anti-Question 6 forces in Maryland face formidable, well-heeled opponents. Four pro-Question 6 groups have formed: Freedom to Marry Maryland PAC, Human Rights Campaign National Marriage Fund, Marylanders for Marriage Equality, and Human Rights Campaign Maryland Families PAC. Their efforts are supported by Maryland’s NAACP, many prominent religious leaders of a variety of faiths, unions, and a healthy cross-section of the state’s political establishment, led by Maryland Governor Martin O’Malley. They also, in spirit at least, have the backing of President Barack Obama, who in May cited his Christian faith in announcing his support for allowing gays and lesbians to marry.

Even before Obama’s announcement, national public-opinion polling had been trending in favor of same-sex marriage, with majorities first appearing in 2010. Analysis of the results indicates that older, more religious, less educated residents of the South and Midwest are more likely to be opposed to legalizing same-sex marriage, while younger, less religious, more educated residents of the Northeast and West are more likely to be supportive. Also, support is more prevalent among women than men.

Obama’s opinion on the matter had dramatic consequences among Marylanders. In January, Gonzales Research and Marketing Strategies found that 49 percent of Marylanders supported legalizing same-sex marriages, while 47 percent opposed it, with a much larger margin among African-Americans, with 33 percent in favor and 60 percent opposed. In September, Gonzales found 51 percent would vote in favor of Question 6 and 43 percent would vote against, with 44 percent of African-Americans in favor and 52 percent opposed.

“Although a majority of black voters say they’ll vote against Question 6,” Gonzales’ poll summary states, “support is up from our January survey when only 33% favored same-sex marriage, suggesting public pronouncements in the interim from the President and others have had an ameliorative impact for proponents.”

In May, two weeks after Obama’s announcement, Public Policy Polling, a North Carolina firm, found even greater support. Fifty-seven percent said they would vote for Question 6, including 55 percent of African-Americans. As for intensity, 46 percent said they would vote yes on the ballot question and feel strongly about it, compared to 36 percent who said they would vote no and feel strongly about it.

“Maryland voters were already prepared to support marriage equality at the polls this fall even before President Obama’s announcement,” the firm’s summary states. “But now it appears the passage will come by a much stronger margin.”

McCoy, though, dismisses the polling. “Every poll is nothing but propaganda,” he said in May while announcing MMA’s successful petition drive. More dispassionate observers also doubt how well the results gauge how people will actually vote on Election Day. Richard Vatz, a Towson University communications professor, wrote in a letter to The Baltimore Sun in August that “five of the eight public polls conducted in the two months before California voters decided on Proposition 8” in 2008 “suggested that the measure would be defeated, perhaps by a wide margin. Instead, voters outlawed gay marriage, 53-47.” And in Maine in 2009, he continues, “most polls showed that voters favored same-sex marriage, in one case by double digits. But it was defeated, also 53-47.”

Vatz ventured to pose a reason why polling on same-sex marriage has so widely diverged from the results on Election Day: “Gay marriage is an issue in which polls don’t necessarily reflect what voters will actually do at the ballot because it is increasingly politically incorrect to oppose such nuptials.”

The national zeitgeist on same-sex marriage has indeed seemed to be shifting in its favor, which may make those who harbor doubts about opening up marriage to gays and lesbians keep their true feelings to themselves, so as not to seem politically incorrect, as Vatz suggests. Celebrity support has been growing, most recently evidenced by a New York fundraiser to help pass Maryland’s Question 6, hosted by O’Malley and attended by Hollywood stars like Susan Sarandon and John Waters, and political leaders across the partisan divide.

The cost of political incorrectness on marriage equality was made abundantly clear in the case of Emmett Burns, the Maryland state delegate who joined MMA’s lawsuit over the Question 6 ballot language. Shortly after Burns sent a letter in late August to Baltimore Ravens owner Steve Bisciotti, writing, “I find it inconceivable that one of your players, Mr. Brendon Ayanbadejo, would publicly endorse Same-Sex marriage, specifically, as a Raven [sic] football player,” he quickly backed off amid overwhelming negative public reaction—and may have unwittingly helped the supporters’ cause.

The star-studded appeal of the same-sex marriage cause doesn’t stymie the zealous drive of its opponents in Maryland, though. Other than NOM, the MMA is supported by the Maryland Family Alliance, a nonprofit chaired by McCoy, and the Maryland Catholic Conference (MCC), which does public-policy advocacy on behalf of the Catholic Church. MCC spokeswoman Kathy Dempsey told The Sun recently that “our campaign is not about raising millions and millions from Hollywood and Madison Avenue,” an apparent dig at the fundraising strategy of Question 6 supporters.

While the opponents may not get fat checks from national celebrities, they do have prodigious resources. NOM’s involvement brings not only money but strategy—including, as revealed earlier this year, attempts to divide the African-American and gay-and-lesbian communities. The idea, according to a NOM memo that turned up as part of one of its federal lawsuits to evade campaign-finance disclosures, is to “drive a wedge between gays and blacks—two key Democratic constituencies. Find, equip, energize, and connect African American spokespeople for marriage; develop a media campaign around their objections to marriage as a civil right; provoke the gay marriage base into responding by denouncing these spokesmen and women as bigots.”

NOM’s strategy has been put in play in Maryland. McCoy has been “equipped” by NOM with direct employment as executive director of MMA—a salary he apparently needs, given the $32,586 federal tax lien filed against him by the IRS in 2011 in Prince George’s County Circuit Court. Jackson, too, has financial reasons to be “energized” about NOM’s agenda. NOM gave $20,000 to Jackson’s High Impact Leadership Coalition, which, along with NOM, bankrolled Jackson’s Stand4MarriageDC, which unsuccessfully sought to put Washington, D.C.’s law legalizing same-sex marriage up for referendum. (Stand4Marriage’s other donor, with a token amount, was Chuck Donovan of the Family Research Council, a conservative Christian lobbying group that the Southern Poverty Law Center has dubbed an anti-gay hate group.)

Evidence abounds of a media campaign objecting to the idea of same-sex marriage as a civil right, the second part of NOM’s three-part wedge strategy, as McCoy, Jackson, Burns, and many other African-American pastors have regularly turned to this theme in their public speaking.

As for the third element of NOM’s strategy, McCoy claimed at his speech at Manna Bible Baptist Church that “I’ve been told that I’m a racist, a bigot, a hater—and I said, ‘Wow, I never knew in my life that I’d be called those things.’” He did not, however, say who the name-callers were or where and when they made such statements.

Whether Jump the Broom for Marriages is also part of NOM’s Maryland operations remains to be seen: October’s campaign-finance reports should clarify whether NOM’s supporting the effort. JBM’s approach, though, will likely reflect the hardball political tactics of longtime Maryland political operative Julius Henson, who—after his May election-law conviction over the 2010 robo-calls scandal involving former Maryland governor Robert Ehrlich’s gubernatorial campaign—told the Maryland Gazette he’d be helping JBM. The group’s signs bear the telltale purple-and-yellow color scheme of many of Henson’s campaigns in the past, and its leadership includes many former Henson clients, including Lisa Joi Stancil, a former Baltimore City State’s Attorney candidate, and Deborah Claridy, who ran for Baltimore City sheriff in 2010.

Despite the positive polling, political clout, and celebrity backing Question 6 supporters are getting, NOM and MMA will continue to mount a memorable, combative campaign. Their motivation, after all, comes from above—as McCoy pointed out at his Manna speech.

“When we are in the Kingdom,” McCoy said, whipping himself and his audience into a fury, “we are supposed to be the third team on the field. We have a different rule book. This rule book is the Word of God,” so “our obligation is to be . . . the team that says no, we play by a different set of rules.” Just like “the prophets [who] spoke to the kings” in the Bible “about what God said, and what was good and what was bad, and what was right and what was wrong,” McCoy exhorted Manna’s congregation to “believe we have a voice of authority, and we can declare and decree.” Referring obliquely to Question 6 supporters, he said, “I get what they’re saying over here, but God says it differently,” adding, “we cannot let this go down on our watch.”

If Question 6 fails, McCoy will have reason to believe his words were prophetic.

Round Two: The feds take another whack at the Black Guerrilla Family prison gang in Baltimore

By Van Smith

Published in City Paper, Apr. 28, 2010

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Nearly a year to the day after 25 alleged members of the Black Guerrilla Family (BGF) prison gang were arrested under two federal indictments (“Guerrilla Warfare,” Mobtown Beat, Apr. 22, 2009), another 13 people were rounded up in Baltimore on April 12, accused of dealing drugs on the gang’s behalf. As with last year’s indictments (“Black-Booked,” Feature, Aug. 5, 2009), the government’s case includes accusations that BGF leaders in Maryland have attempted to cloak themselves in legitimacy as people who work to improve society, while actually conducting a criminal enterprise that includes selling drugs and stoking violence.

In the latest case (“Inside Out,” Mobtown Beat, Apr. 14), two of the defendants–Todd Duncan (pictured) and Ronald Scott–had jobs as anti-violence outreach workers for a West Baltimore nonprofit called Communities Organized to Improve Life (COIL). Baltimore Mayor Stephanie Rawlings-Blake reacted promptly: She announced on the same day as the arrests that city funding for Safe Streets, the anti-gang efforts undertaken by two Baltimore nonprofits, would be suspended immediately, pending an investigation into the program.

Though COIL had received Safe Streets government funding in 2007, the grants were not renewed; it nonetheless continued its gang-intervention efforts on its own. The city’s remaining Safe Streets programs are implemented by the Living Classrooms Foundation (in East Baltimore) and Family Health Centers of Baltimore (in South Baltimore).

Duncan, according to the 164-page search-warrant affidavit in the case, allegedly became “the overall commander for BGF operations throughout the entire Baltimore metropolitan area” last year. He ascended to the position, the affidavit says, “within months of the unsealing of the 2009 indictments,” which forced a change in the prison gang’s street-level structure in Baltimore.

By that time, Duncan already had two years under his belt as a COIL outreach worker, according to COIL Executive Director Stacy Smith’s statements in a video interview conducted the day of the arrests by BMore News (“COIL’s Director Reacts to Gang Indictment of Nonprofit’s Employees,” The News Hole, citypaper.com, April 22). The affidavit alleges that Duncan used his COIL cell phone to arrange heroin-dealing and other BGF-related activities, often while at his anti-gang job at COIL. Smith is referred to as “an active BGF member” in the affidavit, a contention she roundly denies in the video.

The Safe Streets program in East Baltimore has also been tarnished by the case, though no one connected to the organization has been charged. “Operation Safe Streets located in the McElderry Park and Madison East neighborhoods is controlled by the BGF, specifically Anthony Brown, aka ‘Gerimo,'” the affidavit states, relying on information from a confidential source. “BGF members released from prison can obtain employment from Operation Safe Streets.” Living Classrooms CEO/President James Piper Bond calls the inclusion of his group in the affidavit “disheartening” because “it’s been pretty impressive what these guys do to reduce violence in East Baltimore.

“I’ve never heard of Anthony Brown, and he has never worked for us and has nothing to do with Living Classrooms or Safe Streets,” Bond says. He calls the assertion that ex-inmates can get Safe Streets jobs upon their release “ridiculous.” He says his Safe Streets operation will be able to continue for “a few weeks” without city funding, and fears that the funding freeze is akin to “throwing out the baby with the bathwater.” Bond says that word of Safe Streets’ problems resulting from the indictment is traveling on the street, and that “it is not good” for the group’s ongoing anti-violence efforts.

Also listed in the affidavit as an “active BGF member” is Nathan “Bodie” Barksdale, whose nephew, Dante Barksdale, works for Safe Streets. Nathan Barksdale is a legendary Baltimore gangster whose exploits have become the subject of a film produced and directed by Kenneth Antonio “Bird” Jackson, also famous for his days in the drug game. “Hell, no!” says Barksdale, reached by phone at the number provided in the affidavit, when asked if he’s a BGF member.

“I ain’t no motherfuckin’ member,” he says. “When I was in prison, I mean, yeah–but that was 20 years ago. I’m a filmmaker. I’m pushing 50, man. I’m too old for that. That’s for teenagers.”

The probe into BGF’s criminal activities in Maryland, which court documents say started in September 2008 and has involved cooperators, physical surveillance, raids, and cell-phone monitoring, is being conducted by the U.S. Drug Enforcement Administration’s Special Investigations Group (DEA SIG). William Nickoles, a Baltimore Police Department detective assigned to DEA SIG, swore out the lengthy affidavit in last year’s BGF cases, as well as the current one.

The BGF’s attempts to appear legitimate by engaging in efforts to control the violence on Baltimore’s streets are detailed in the DEA SIG’s affidavit in the current case. One of the investigation’s sources says that, despite last year’s indictment of imprisoned BGF leader Eric Brown–which ceased the distribution of a self-improvement guide he published called The Black Book: Empowering Black Families and Communities–BGF has continued to gain the support and trust of civic leaders involved in trying to stem the bloodshed on Baltimore’s streets.

“Brown was able to convince several community leaders, including former Federal Bureau of Investigation agent Tyrone Powers, Andre Bundley, a former mayoral candidate, and Bridget Alston-Smith, who operated a nonprofit organization called Partners in Progress, of the message contained in the Black Book,” the affidavit states. “These individuals began assisting Eric Brown in teaching in prison the BGF and other prison gangs, the message of the Black Book.”

The Black Book was put out by Dee Dat Publishing, a company founded by Brown and co-defendant Deitra Davenport, a woman with no prior criminal record who had long worked as a nonprofit professional. The book espoused and expounded on the radical political tenets of BGF founder George Jackson, a Black Power proponent who was killed in a California prison incident in the early 1970s. But prosecutors say The Black Book was a propaganda tool used for BGF recruitment and that proceeds were used to underwrite the BGF’s criminal schemes. Brown and Davenport also founded a nonprofit, Harambee Jamaa, whose incorporation papers say it was formed to “liberate our people from poverty, crime, and prison.”

The affidavit adds that “Brown and other members hoped that, much in the same way BGF controlled prison violence through subtle coercion, control of the prison economy, extortion, and retaliation, members on the street could control the violence in Baltimore City. . .. [T]his would have the effect of legitimizing BGF, allow the enterprise to continue to earn money through drug trafficking, and taxing of others trafficking in drugs, as well as providing legitimate high-paying jobs to high-ranking members of the BGF funded by various government grants.”

Nationally, this isn’t the first time that nonprofit workers in anti-gang efforts have been implicated in gang-related crime. In Chicago in 2008, two anti-violence workers for CeaseFire, the model for Baltimore’s Safe Streets program, were indicted for drug dealing; the two, Juan Johnson and Harold Martinez, have since pleaded guilty. While working for CeaseFire, prosecutors said, Johnson “promoted controlled violence among gang members in an effort to avoid subsequent and random retaliatory murders.” In Los Angeles last year, Alex Sanchez, executive director of the gang-intervention group Homies Unidos, was indicted for murder in a gang RICO conspiracy; in court documents, prosecutors allege that Sanchez remained an active MS-13 gang leader, profiting from “the gang’s narcotics trafficking and regular extortion rackets,” even as he led Homies Unidos. In 2008 in Los Angeles, executive director of the anti-gang nonprofit No Guns, Hector Marroquin, pleaded guilty to gun-running, while Mario Corona, a gang interventionist with Communities in Schools, another nonprofit, pleaded no contest to drugs and firearms charges.

In Baltimore, the appearance of legitimacy among alleged BGF members doesn’t end with Duncan and Scott working for COIL. Several of the defendants in last year’s indictments had jobs: Four of them worked in the Maryland prison system. One, a recently released murder convict named Rainbow Williams, was a mentor for at-risk students at the Baltimore City Public Schools program run by Alston-Smith; another, Calvin Robinson, was a city Department of Public Works wastewater worker and the owner of a clothing store called the In and Out Boutique, located a block away from COIL near Baltimore’s historic Hollins Market. Tomeka Harris owned Club 410, a bar on Belair Road. Tyrone Dow, an alleged supplier of BGF drugs, was co-owner of a car-detailing shop next to the Belvedere Hotel in Mount Vernon.

But among the defendants in this year’s indictment, only Duncan, Scott, Sherice Foster, and Kimberly McIntosh appear to have been employed. Foster worked at the Safeway supermarket in Charles Village. McIntosh was a health-care worker at Total Health Care’s Larry Young Health Center in West Baltimore.

At first glance, according to information that came to light at McIntosh’s April 15 detention hearing (“Health-Care Worker Accused of Being at ‘Epicenter’ of Baltimore Crime as Shot-Caller for Black Guerrilla Family,” Mobtown Beat, citypaper.com, April 16), she cuts a sympathetic profile as a 41-year-old working mom raising four children. She has no criminal record, and though she admits to some casual pot smoking, she does not do hard drugs. But in Assistant U.S. Attorney James Wallner’s estimation, McIntosh is a stone-cold gangster who has been “at the epicenter of a substantial sector of criminal activity in Baltimore” on behalf of the BGF. He contends her home serves as a sort of BGF clubhouse, where large meetings are held and gang members mix up drugs for sale. He characterizes McIntosh as the gang’s financial manager, violence coordinator, and overseer of its heroin-distribution activities.

When DEA SIG agents raided McIntosh’s home on April 12, Wallner says they turned up “at least 18 gelatin capsules of heroin,” as well as BGF paperwork and other records, a police scanner, and a copy of The Black Book. At McIntosh’s desk at her Total Health Care job, they found more BGF documents and a set of “Second Chance body armor.” Wallner recounts evidence of McIntosh’s ties to incidents of violence, and of her being armed; he calls her an “undetectable bomb” should she be released pending trial, pointing out that DEA SIG’s unnamed sources could easily be identified and harmed.

McIntosh’s attorney, Marc Hall, does his best at the detention hearing to convey a law-abiding impression of his client, even while he calls the government’s evidence “compelling” and “very damning”–though he cautions that he hasn’t yet reviewed the wiretap recordings to look for frailties in the government’s contentions. But U.S. District Court magistrate judge Susan Gauvey deems McIntosh unfit for release.

“Eventually, your lawyer may say this is all blowing smoke,” Gauvey tells McIntosh, “but at this point it is impossible for us to be assured” that allowing McIntosh to await trail at home would not be dangerous.

The defendants in the current BGF indictment are awaiting arraignment. Their attorneys, as is usually the case, either didn’t return phone calls or declined to comment other than to assert their clients’ innocence.

New Black Guerrilla Family indictment shows inmates in charge of jails, adds to Maryland prison bureaucracy’s embarrassments

By Van Smith

Published in City Paper, Apr. 24, 2013

When the lat­est Black Guer­rilla Fam­ily (BGF) prison gang rack­e­teer­ing indict­ment was announced at an April 23 press con­fer­ence, detail­ing that 13 of the 25 defen­dants are Mary­land cor­rec­tional offi­cers (COs) who allegedly facil­i­tated the gang’s oper­a­tional takeover of two Bal­ti­more deten­tion facil­i­ties, their boss, Depart­ment of Pub­lic Safety and Cor­rec­tional Ser­vices (DPSCS) sec­re­tary Gary May­nard, noted the obvi­ous: that he had egg on his face.

It’s totally on me,” May­nard said, accord­ing to the Wash­ing­ton Post. “I don’t make any excuses,” he con­tin­ued, adding that “we will move up the chain of com­mand, and peo­ple will be held accountable.”

The last round of fed­eral BGF charges that included COs were handed down in 2009 and 2010, show­ing how DPSCS per­son­nel had worked to help the gang deal drugs, laun­der money, engage in extor­tion, and smug­gle con­tra­band into pris­ons. Despite the over­whelm­ing evi­dence of cor­rup­tion among COs that emerged in those cases, and other evi­dence emerg­ing from civil law­suits show­ing that, as far back as 2006, DPSCS had iden­ti­fied numer­ous COs as being mem­bers or affil­i­ates of gangs who helped facil­i­tate gang-related prison vio­lence, yet ordered the lieu­tenant who’d devel­oped the infor­ma­tion to stop writ­ing such reports, in 2010 the Mary­land Gen­eral Assem­bly passed a law giv­ing greater pro­tec­tions for COs accused of wrong­do­ing by estab­lish­ing a Cor­rec­tional Offi­cer Bill of Rights (COBR).

The cur­rent charges, spelled out in a 48-page indict­ment and detailed in a 67-page search-warrant affi­davit, are déjà vu all over again: drug-dealing, extor­tion, money laun­der­ing, smug­gling. The main dif­fer­ence seems to be that, this time, the BGF appar­ently has dropped all pre­tense of try­ing to be a pos­i­tive force for social change, as was its hall­mark in the 2009 and 2010 cases. Yet Maryland’s prison bureau­cracy under May­nard, who’s been in place since Gov. Mar­tin O’Malley (D) appointed him in 2007, has demon­strated rigid resis­tance to pos­i­tive reform, given its repeated his­tory of CO cor­rup­tion that has emerged in the courts. And, pre­dictably, the COBR has only made mat­ters worse — as the FBI makes clear in doc­u­ments filed in the most recent case.

Add the 13 COs charged fed­er­ally in the cur­rent BGF indict­ment to the 15 COs charged in an ongo­ing FBI civil-rights inves­ti­ga­tion into retal­ia­tory inmate beat­ings and sub­se­quent cover-up and obstruc­tion of jus­tice, alleged to be part of a cor­rupt cor­rec­tional cul­ture in Mary­land, and the total num­ber of COs cur­rently fac­ing fed­eral charges in Mary­land comes to 28. That’s not count­ing another CO fac­ing immigration-fraud charges, or the unknown num­ber of COs – includ­ing Michael McCain, charged with smug­gling drugs into prison – fac­ing state crim­i­nal charges tied to their offi­cial duties.

Maynard’s com­ments at the Apr. 23 press con­fer­ence sug­gest other shoes will drop in the BGF case, and how they drop will be intrigu­ing, since doc­u­ments in the cur­rent case sug­gest the accused COs merely car­ried out a scheme okayed by their supe­ri­ors. In the scheme, BGF leader Tavon White – an inmate and the lead defen­dant in the rack­e­teer­ing indict­ment – believed he, not DPSCS super­vi­sors, was the ulti­mate decider of what went down in the Bal­ti­more City Deten­tion Cen­ter (BCDC) and the Bal­ti­more City Book­ing Intake Cen­ter (BCBIC).

The search-warrant affi­davit in the case was signed by FBI spe­cial agent Sarah Lewis, whose boss, FBI spe­cial agent in charge Stephen Vogt, said in a state­ment that “in this case, the inmates lit­er­ally took over ‘the asy­lum,’ and the deten­tion cen­ters became safe havens for the BGF.” An “impor­tant cause” of this, Lewis writes in her affi­davit, “is the power that White and the BGF are granted by staff mem­bers at all levels.”

In in inter­cepted phone call White made to a friend, he claimed: “This is my jail, you under­stand that. I’m dead seri­ous. I make every final call in this jail, every­thing come to me.” On another call, White told co-defendant Adrena Rice, a CO: “I am the law. My word is law. So if I told any mother-fucking body they had to do this, hit a police, do this, kill a mother-fucker, any­thing, it got to get done. Period.”

Infor­ma­tion gleaned from inmates and DPSCS staff dur­ing the inves­ti­ga­tion “revealed that some prison offi­cials have infor­mal ver­bal under­stand­ings with White and other BGF lead­ers” that “BGF lead­ers reduce the vio­lence inside the prison, and, in exchange, the offi­cials turn a blind eye to con­tra­band smug­gling and actively pro­tect White and the BGF by warn­ing them of inves­ti­ga­tions and inter­dic­tion efforts.”

White’s heir-apparent as BGF leader in the deten­tion facil­i­ties was co-defendant Joseph Young, accord­ing to Lewis’ affi­davit, and on Nov. 12, 2012, Young spoke with another co-defendant, CO Kim­berly Den­nis, about a cor­rec­tions lieu­tenant. The call was inter­cepted on a wire­tap, and Lewis summed it up like this: “Recently the lieu­tenant pulled Young aside and told Young that the lieu­tenant knew Young would be tak­ing over con­trol of the prison if White was released from jail and agreed to let Young make money by sell­ing con­tra­band inside of BCDC if Young and BGF would keep down the inci­dence of prison violence.”

Lewis’ affi­davit also explains how the 2010 law estab­lish­ing COBR allowed cor­rup­tion to pro­lif­er­ate in an envi­ron­ment where bad con­duct goes on with rel­a­tive impunity. It estab­lished a dis­ci­pli­nary regime that “has proven to be very dif­fi­cult” to pur­sue within estab­lished dead­lines, “so cases are dropped,” she wrote, and thus “it is well known to COs that it is very unlikely that they will be fired or severely dis­ci­plined for smug­gling con­tra­band or frat­er­niz­ing with inmates.” Lewis con­cludes that “the inter­nal review process set up by COBR is inef­fec­tive as a deter­rent to COs smug­gling con­tra­band or get­ting sex­u­ally involved with BGF gang mem­bers at BCDC or BCBIC.”

An illus­tra­tive case is one of the co-defendants, Anto­nia Alli­son, a 27-year-old CO at BCDC. Alli­son was 20 when her alleged ties to inmate gangs were first doc­u­mented by DPSCS, in a Nov. 22. 2006, memo writ­ten by Lt. San­ti­ago Morales, then of the Crim­i­nal Intel­li­gence Unit of the DPSCS’ Divi­sion of Pre­trial and Deten­tion Ser­vices, to BCDC’s then-warden, William Fil­bert. Yet she remained employed at the same facil­ity, even though this was long before the COBR was estab­lished. Morales, on the other hand, was ordered to stop writ­ing reports about gang-tied COs, and ended up re-assigned shortly there­after to night shift at a non-investigative post.

Even after the Mary­land Attor­ney General’s Office defended Alli­son against charges that she’d facil­i­tated a bru­tal, gang-related attack against an inmate, Tashma McFad­den, who, when faced with threats of being killed by inmate gang-members for suing Alli­son, agreed to set­tle the case before trial, Alli­son remained on the job. The threat let­ter, which sur­faced in court fil­ings in 2010, described Alli­son as “our sis­ter” who is “doing right by us,” and “all she asked of her broth­ers was to keep her safe.”

Now, nearly seven years after Alli­son was first sus­pected by DPSCS as being cor­rupt, she’s finally fac­ing the real pos­si­bil­ity that she will no longer be allowed to carry the department’s badge.

Maynard’s pre­pared state­ment regard­ing the lat­est BGF indict­ment involv­ing COs says 99 per­cent of them “do their jobs with integrity, hon­esty, and respect,” and spins the embar­rass­ing turn of events by say­ing that “today’s indict­ment, along with those in the past, show that our Depart­ment will not stand idly by and let a few bad actors affect the secu­rity of our institutions.”

Yet his con­tention that only one per­cent of DPSCS staff is cor­rupt is belied by the FBI’s Lewis, whose inves­ti­ga­tion devel­oped an inmate source that described a very dif­fer­ent pic­ture: “the inmate esti­mated that 60 to 70% of the COs at BCDC are involved in con­tra­band smug­gling and/or hav­ing sex­ual rela­tion­ships with inmates.”

The Wash­ing­ton Post cov­er­age of the indict­ment says it “comes at a sen­si­tive time for” O’Malley, “who is weigh­ing a 2016 pres­i­den­tial bid” built in part by “his record as a ‘performance-driven’ man­ager of state gov­ern­ment,” and quoted a state­ment from O’Malley: “We have zero tol­er­ance for cor­rup­tion among cor­rec­tional offi­cers, and we will con­tinue striv­ing to make all cor­rec­tional facil­i­ties as secure as they can pos­si­bly be.”

Based on the avail­able court record of CO cor­rup­tion, it appears that Maryland’s “zero tol­er­ance” pol­icy hasn’t been working.