MEDIA INFORMATION PACKET
PORTLAND ACTION LAB
AND OCCUPY PORTLAND
DAY OF ACTION
#F29
This document online at portlandactionlab.org/press-room/press-packet/
1
Day-of Press Release
FOR IMMEDIATE RELEASE
FEBRUARY 29, 2012
CONTACT: Kari Koch
[email protected], (503) 489-7353
Portland and 70 Cities Nationwide Stand up to Corporate Greed and ALEC
Today Portlanders joined concerned citizens, students, and Occupiers in over seventy cities across the nation
to target corporations and legislators involved in the American Legislative Exchange Council (ALEC). The
largest corporations in America, including ExxonMobil, Bank of America, BP, Monsanto, Pfizer, and Walmart
use ALEC to funnel donations to legislators and craft bills benefiting their membership over the well-being of
ordinary people. Responding to a national call from Occupy Portland, this is the Occupy Movement’s largest
coordinated action this year, confronting ALEC corporations in the cities in which they do business throughout
the nation.
“ALEC writes legislation focused on amassing more profit for the wealthiest 1% at the expense of our
communities. We took action today to challenge this destructive organization and to empower communities
rather than corporations,” said Kari Koch of Portland Action Lab.
Portlanders gathered at 11:30 AM at SW Naito and Ankeny before marching and making stops at nonviolent
actions organized by some 15 social justice, environmental, and anti-capitalist groups. Many long-standing
community groups, working under the banner “Portland Action Lab,” assisted in organizing the day, including
Rising Tide, the Animal Defense League, We Are Oregon, Jobs with Justice, the Portland Central American
Solidarity Committee. All of the actions targeted corporations involved with the American Legislative Exchange
Council.
ALEC is comprised of state and federal government legislators and many of America’s biggest corporations. In
ALEC task-forces and committees, lobbyists work directly with legislators to draft and advance cookie-cutter
“model” bills that serve the interests of the corporations rather than people. According to ALEC’s figures, nearly
10% of state laws originate from their efforts. Wisconsin Act 10, attacking public employee unions, mirrors
ALEC’s anti-union agenda and was introduced by Governor Scott Walker, an ALEC member from 1993-2002.
Arizona’s widely criticized anti-immigrant legislation (SB1070) also has roots in ALEC model legislation.
“The decisions affecting our communities should be made democratically, not through a corrupt system that
hides the influence of the very corporations that benefit at our expense. ALEC is representative of a failed
system in which profit and greed are dominant over everything else,” said Nicholas Caleb of Occupy Portland.
Stay up to the minute on Twitter using #F29 and follow @F29pdx. Updates on actions throughout the day are
available via liveblogging on the shutdownthecorporations.org national website.
###
2
About the Portland Action Lab
We emerged from Occupy Portland’s N17: Occupy the Banks, part of an Occupy Wall Street national day of
action. Inspired by the success of that action, we chose to continue working together as the Action Lab within
the Occupy Portland movement. We organize as a spokes council of community organizations - including the
Portland Central American Solidarity Committee, the Animal Defense League, We are Oregon, Rising Tide and
other affinity groups and interested individuals eager to bring coordinated direct action to Portland and beyond.
Interested groups and individuals are welcome to join us.
Our Perspective
The corporations, which run our government, place profit over people, self-interest over justice, and domination
over equality. Corporations do not seek consent to extract wealth and power from the people and the Earth.
Foreclosure, hunger, climate change, unemployment, lack of health care, biodiversity loss,
xenophobia/immigrant detention, animal exploitation, prison population growth and so many other issues that
are facing us are not unrelated problems. They are connected.
These problems stem from the dominant culture’s obsession with profit, individual maximization, consumption
and greed, which corporations only take to their logical and frightening conclusion. These tenets reinforce other
intersecting systems of oppression: race, gender, sexuality, class and domination over nature. These
interconnections can be seen in how women and people of color are the most drastically and
disproportionately effected by societies ills. We cannot work from a narrow economic perspective alone.
The future of our species and the planet requires our cooperation. As long as individual gain and corporate
greed constitute the foundation of our economic, social and political systems, they will inevitably lead to
injustice, destruction and consolidation of power. In the dominant culture, profit is primary over relationships
with one another. Profit is primary over our relationship with the environment and other species. Profit is
primary over community. In this justice, liberty and a livable future are casualties.
We are one of a multitude of global movements taking direct action against oppression, marginalization,
poverty, violence and domination and for a more just and sustainable world. We take direct action as a means
of obstructing practices we protest and reclaiming our agency in creating the world we live in. Direct action
manifests in many ways such as sit-ins, strikes, blockades, boycotts, banner drops, culture jamming, and
performance. The roots of direct action are deep and range from Susan B. Anthony and Martin Luther King Jr.
to Rachel Corrie and Tim DeChristopher. Our social fabric is woven with direct action from the Boston Tea
Party, to the Silent Sentinels’ pickets for women’s suffrage, the NW timber workers strike of 1935, SNCC sit-ins
and the Freedom Rides, the occupation of Alcatraz, actions against nuclear power and weapons, the forest
defense movement and the shutdown of the WTO in Seattle. Direct action is a tool for building a new
foundation based upon cooperation, mutual aid, and social as well as ecologically connected community.
Together, through action, we will create a new future.
3
Corporate Targets
Clarification
and
Contact
Information
for
Further
Comment
and
If you are seeking information on an action, group or target not listed below, contact the Portland Action Lab
media team at [email protected] or (503) 489-7353
Corporate target
Group
Contact
Person
Contact info
BP, Chevron, ConocoPhillips, ExxonMobil and Shell
Bike Swarm
Jeff Horton
213-926-9604
TBA: Contact Portland Action Lab media team 503-489-7453
ADL
Courtney
Eastman
209.559.0577
TBA: Contact Portland Action Lab media team 503-489-7453
EPIC
Mindee Morgan
503-891-8036
McDonalds, Taco Bell, FedEx, Walgreens, Shell, and Bank of
America in the Lloyd District area
Friends of the Peace House
Bryson Lafferty
503-577-4040
Verizon
Jobs with Justice
Madelyn Elder
503-421-5492
TBA: Contact Portland Action Lab media team 503-489-7453
Portland Central American
Solidarity Committee
Abigail Singer
503-736-7916
McDonald’s
Occupy Portland Food and
Garden Team
Adam
Brockman
503-208-3119
Blue Cross Blue Shield
Radical Caucus
Isobel
503-985-6779
TBA: Contact Portland Action Lab media team 503-489-7453
We Are Oregon
Angus Maguire
503-333-2497
4
Quotes from the Ground
Fossil fuel
companies
Jeff Horton:
“The US government gives ALEC's fossil fuel companies an estimated $10 Billion annually while they made over
$73 Billion in profits in 2010. “ "The PDX Bike Swarm is visiting local Portland gas stations to bring awareness to
customers demand an end to subsidies now!"
ALEC
Bryson Lafferty:
“In the Lloyd District, in solidarity with the Occupy movement, the Metanoia Peace House and Friends are
disrupting business as usual for several corporate members of the American Legislative Exchange Council, to shine
the light and educate others on the secretive inner workings of this organization and its toxic influence it has on
democracy.”
Verizon
Chris Phillips of Portland Jobs With Justice who, as Verizon CEO Ivan Seidenberg, was under arrest outside the
SW Broadway Verizon store:
“Despite making record profits, enhanced by actual tax rebates, Verizon has insisted on attacking the benefits of its
wired workers. The attacks on healthcare benefits, benefits for injured workers, sick pay and outsourcing of jobs are
unacceptable and set a dangerous precedent. The company must bargain fairly”.
McDonald’s
Adam Brockman of the Occupy Portland Food & Garden Team:
"Through ALEC, McDonald's pushes legislation to make factory farming and environmental destruction less
regulated and more profitable. The McSoup Kitchen is serving outside McDonald's today to expose this connection
while providing sustainable alternatives to the industrial food system and feeding the community free, healthy, and
delicious food."
McDonald’s
In 1996, McDonald's and other ALEC corporations voted to adopt a model bill called the “Right To Farm Act”. This
bill, when adopted by a state, would severely restrict lawsuits against factory farms for water pollution, animal
mistreatment, noxious odors, and contamination from chemical farming. All 50 states have since adopted Right to
Farm bills, and many states have adopted bills similar or identical to ALEC's model bill.
Blue Cross
Blue Shield
David Pursley, protester:
"Most Americans agree that health care is a fundamental human right and that it is in the best interest of society to
provide medical care to everybody. Yet Blue Cross Blue Shield has been working behind the scenes to actually
draft legislation to undermine recent health care reforms. So we are showing Portland’s Regence branch how to
make their own stated values mean something -- by resigning from ALEC.”
Fossil fuel
companies
Isobel Charlé with the Rising Tide Climate Justice Bloc:
“While taking its orders from some of the nastiest climate criminals such as Exxon Mobil, BP and Peabody Energy,
ALEC is at the wheel steering the planet into climate chaos. We are out in the streets today with an enormous wave
demonstrating the power of the people rising up to crush corporate power!”
5
ALEC: The Quick Version
The American Legislative Exchange Council, or ALEC, is a national organization (legally a 501(c)(3) non-profit
corporation) that operates as a mediator for legislators and the world’s largest corporations. ALEC’s plans and
activities are a closely guarded secret. The knowledge that is public about ALEC comes from whistleblowers
who have risked their jobs and careers to expose ALEC to the world.
What ALEC Does
ALEC is how the biggest corporations directly intervene in the democratic process for their own benefit.
ALEC’s basic function is to make sure that state and federal laws are passed that generate corporate profits
and block passage of consumer, labor, and environmental protections that would stand in the way of its
members’ profits. Corporate members work with member legislators to write “model legislation” which
these member lawmakers will introduce as bills to their legislatures as if they were their own work product.
ALEC claims that about 10% of bills passed in state legislatures across the country are inspired by their
model legislation.
ALEC in Oregon
Despite being the 27th most populous state in the USA, Oregon politicians receive the third highest dollar
amount in ALEC member contributions in the nation at $16.2 million annually. Only California and Arizona
receive more.1
To put this in perspective, consider that Washington State, with a population nearly double that of Oregon,
receives less than half that amount at only $6.5 million.2 Montana, with a population roughly a quarter of
Oregon’s, receives only $166,000, nearly 100 times less than Oregon’s share of ALEC funds.3 There are
currently 14 known ALEC members in Oregon and we are also the home to the 2011 ALEC Legislator of the
Year, Gene Whisnant (R-Sunriver).
ALEC in the 2012 Oregon Legislative Short Session
ALEC members have been busy in this short legislative session, killing bills that would have helped ordinary
Oregonians in these harsh economic times. Four bills drew our attention in the special session.
●
●
●
●
SB 1552 and SB 1564, two mortgage relief bills, were watered down and then killed in committee by
2011 ALEC Legislator of the Year and ALEC State Chairman, Gene Whisnant, after he took $1000
from bankers.4
HB 4142, also killed in committee by ALEC lawmakers, would have created a demand for recycled
paper made in Oregon and would have created jobs at the state’s paper mills.
HB 4109 would have saved taxpayers money by putting in place competitive bidding to ensure the
lowest possible prices for generic drugs. It was killed in committee after big donations to ALEC
legislators.
Finally, SB 1534, known as the “anti-Occupy bill” was introduced to essentially criminalize organizing
protest actions of the type that Occupy has been conducting since the fall.5 Lawmakers were
handsomely rewarded by ALEC corporations for their contributions in this process.
1
http://cldc.org/2012/02/12/alec-101/ (stats in video)
Id.
3
Id.
4
https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=1159171;
https://secure.sos.state.or.us/orestar/sooDetail.do?cneCommitteeId=4653
2
6
ALEC’s role in subverting democracy may be visualized as a feedback loop. The graphic below highlights the
ways that ALEC members in the legislature, large corporations and individual donors, through ALEC, work
together to rig the political system for the 1%.
5
http://cldc.org/2012/02/12/alec-101/ (stats in video)
7
Table of Contents
Day-of Press Release
2
About the Portland Action Lab
3
Contact Information for Further Comment and Clarification
4
Approved Quotes
5
ALEC: The Quick Version
6
Table of Contents
8
Abstract
9
Assertion of Political and Human Rights
9
What Do You Hope to Accomplish With This Action?
10
Why Oppose the American Legislative Exchange Council?
11
Case Study - Arizona Senate Bill 1070 or “The Racial Profiling Bill”
ALEC is a Force in Oregon
13
13
Case Study - SB 1552 and 1564 or the “Foreclosure Relief Bills”
15
Case Study - Oregon House Bill 4142 or “the Buy Oregon
Recycled Paper Bill”
16
Case Study - House Bill 4109 or “Competitive Bidding for
Generic Drugs Bill”
16
Case Study - Oregon Senate Bill 1534 or “the Twitter Felony Bill”
19
Appendix
20
A.
Petition to Oregon Legislators
20
B.
Measure 47 Resolution
21
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Abstract
The American Legislative Exchange Council (ALEC) is financed by the largest multinational
corporations operating within the United States, including: ExxonMobil, Bank of America, British
Petroleum, Monsanto, Pfizer, and Wal-Mart.6 These corporations utilize ALEC to buy off legislators and
pass pre-written legislation that benefits only the interests of corporations at the expense of ordinary
people. Although many legislators openly flaunt their association with ALEC, the way the system
actually works is a highly protected secret. ALEC’s operations are only now being brought to light as
more and more incriminating documents are released by whistleblowers and as researchers connect
the dots. This model of government, which allows corporations and special interests to drown out and
dominate average citizens, has run its course. We are peacefully demanding true representation;
government of, by, and for the people.
Assertion of Human and Political Rights
Despite the Portland Police Bureau’s assertions to the contrary, we claim permits for our day of action. Our
permits for the day consist of the Constitutions of the State of Oregon and the United States of America:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances."
- Constitution of the United States of America, First Amendment.
"No law shall be passed restraining the free expression of opinion, or restricting the right to
speak, write, or print freely on any subject whatever; but every person shall be responsible for
the abuse of this right."
- Oregon Constitution, Section 8 (Freedom of speech and press)
“We declare that all men, when they form a social compact are equal in right: that all power is
inherent in the people, and all free governments are founded on their authority, and instituted for
their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish
the government in such manner as they may think proper.”
- Oregon Constitution, Section 1 (Natural rights inherent in people)
Our rights to engage in peaceful and non-violent political demonstration are inalienable and our actions reflect
the spirit of the most cherished traditions of The United States of America and the State of Oregon.
6
http://www.sourcewatch.org/index.php?title=ALEC_Corporations
9
What Do You Hope to Accomplish With This Action?
Americans across the political spectrum are outraged over the corporate capture of their democracy.7 It is now
commonplace, almost to the point of cliche, to observe that special interests control our government. We are
all basically aware that secretive groups are subverting our democracy and we understand that they’ve done it
for far too long. The Shut Down the Corporations direct action will draw urgent attention to the corrosive
influence of corporations on our legislative process, particularly through ALEC. Our actions will disrupt the
businesses of those who have made it their mission to erode our democracy. Through direct action, we seek to
achieve a shift in consciousness that reveals our innate capacity to empower ourselves -- to reclaim
democracy and permanently shift power out of the hands of the 1% and back to our communities.
We are taking action today because there is an enormous concentration of power in our society. Corporations
and lobbying organizations like ALEC wield their power to manipulate our lives for the maximization of their
profits. We are confronting ALEC and corporate power so that we can decentralize power to communities. In
order to obtain a sustainable future that satisfies human needs, communities must be empowered to determine
their own destinies, based on their own needs and interests, and not the interests of corporations. Today, over
70 cities, including Sydney, Australia and Mexico City, have signed up to oppose ALEC and its corporate allies.
The more journalistic scrutiny ALEC and its allies receive, and the more the public is aware of the way in which
the scheme works, the less influence corporations will have over the lawmaking process. Most people are not
aware of how far corporate influence extends into the halls of government. That ALEC and its members have
not been a source of constant investigation is a failure on the part of the mainstream news media. We are
hopeful that our actions will spur others to peek under the veil and conduct the quality of research and
journalism that the American public deserves.
In addition to disrupting business as usual with the #F29 direct action (organized by the Portland Action Lab),
Occupy Portland has sent a petition to all known ALEC lawmakers in Oregon demanding that they cut all ties
with ALEC and the corporations who fund it.8 It is an outrage that politicians readily conspire to subvert the
public political process for the benefit of unelected corporate actors who care only about profit. Securing
longevity of career or an easy transition into a cushy private sector job is not a legitimate rationale for this
dereliction of duty. It is worse that this relationship has been so long concealed from the public. Some of these
legislators don’t even see the problem with these associations and may even think a relationship with ALEC is
a positive thing. It is time to let them know that the people of Oregon do not want ALEC and special interest
lobbyists writing and influencing the creation of our laws.
Also, as an effort to solve the debacle that is the undue influence of special interests over Oregon elections,
Occupy Portland has approved a resolution calling on Attorney General John Kroger and Secretary of State
Kate Brown to enforce the provisions of Measure 47.9 The measure, passed by voter initiative in 2006, would
place strong limits on campaign contributions and would sharply decrease the direct influence of special
interests over the electoral process. Occupy Portland will continue to investigate and advance solutions to the
institutionalized bribery that has become the status quo in government.
Finally, we hope that concerned citizens and journalists will join us in calling for an investigation into whether
ALEC has violated federal tax laws by failing to abstain from direct political activities as it is required to do as a
501(c)(3) non-profit.10 Because ALEC is such a secretive organization, it is hard to say definitively whether it
has broken the law. This matter deserves serious investigation by journalists and government authorities alike.
7
http://www.washingtonpost.com/wp-dyn/content/article/2010/02/17/AR2010021701151.html
This petition is available as Appendix A at the end of this document.
9
This resolution is available as Appendix B at the end of this document.
10
http://www.irs.gov/charities/charitable/article/0,,id=96099,00.html
8
10
We cannot expect a democratic government to perform its duty to the public when so much energy is going
into subverting that function. We are therefore calling for dialogue, investigation, and prosecution of ALEC in
order to restore our system of government. This nefarious organization, ALEC, must be disbanded.
Americans are forced to spend each day fighting for survival - keeping our families together, fending off
foreclosure, making sure our children can attend school, and holding on to our jobs amidst a global depression.
Corporate rule allows the 1% to profit from the suffering of the 99%, shredding the very fabric that binds our
communities together. United in action, and with a unified voice, today we say ENOUGH!
Why Oppose the American Legislative Exchange Council?
ALEC is a highly secretive “membership” organization (legally a 501(c)(3) non-profit corporation) utilized by the
1% to subvert state and federal legislatures -- the democratic bodies that govern our nation. Much more than a
simple lobbying group, ALEC members -- almost entirely Republicans11 -- conspire with corporate lawyers and
lobbyists to draft generic model legislation that is written solely to increase the profits of large corporations who
fund the organization. Legislators take this generic legislation, sometimes altering it slightly to fit the context of
a specific jurisdiction, and introduce the bills as if they wrote them. Of the 862 bills introduced in every state
each year, 180 are written by ALEC, but legislators do not openly identify them. The public is not made aware
that their lawmakers are advancing the agendas of unelected corporate interests. ALEC and its willing
legislators take great pains to keep this process as confusing as possible. Oftentimes, model legislation is only
revealed when a whistleblower is courageous enough to leak ALEC documents. It is then the painstaking task
of researchers to match up model legislation to what has been introduced and passed in legislatures all over
the country.
ALEC and its corporate sponsors are responsible for some of the most anti-democratic, repressive, and
discriminatory legislation to pass through the halls of government. ALEC wrote the anti-union bill that caused
massive protests in Wisconsin, as well as the widely criticized Racial Profiling bill (SB1070) that passed in
Arizona, leading to massive protests in over 70 American cities.12 The public is never informed that a group
representing the most privileged people in America is drafting the legislation that disempowers the most
vulnerable. The ALEC phenomenon is a prime example of corrupt corporations bribing our elected officials,
imposing their will on the public, hijacking the democratic process, and hiding behind technical distortions.
The ALEC model is best understood as a feedback loop where multinational corporations enlist lobbyists and
lawyers to find compliant legislators, who then conspire to write laws which create corporate profits out of tax
revenue, at the expense of the public. Then, instead of paying their profits to the rank and file workers, these
corporations fund huge executive bonuses and finance more bribes to create more “model” legislation. The
legislators are enticed with subtle perks, awards, “indirect” campaign contributions (from the corporations who
fund ALEC), and well-paid private sector jobs after they retire from public (dis)service.
11
12
http://www.sourcewatch.org/index.php?title=ALEC_Politicians
http://www.cbc.ca/news/world/story/2010/05/01/arizona-immigration-law-protests.html
11
One of the major functional strengths of the ALEC model is that it enlists the loyalties of legislators without
coercion. Instead of seeing themselves as conspirators against democracy, ALEC gives lawmakers
distinguished service awards and honorary titles that help them feel like they might actually be the defenders
American values. ALEC thus provides a propaganda mechanism, re-framing “freedom” to mean their own
freedom to dominate and corrupt, thus insidiously undermining our democracy by co-opting its terminology.
Once the time, attention, and loyalty of legislators is ensured, they can no longer be bothered to spend it with
their real constituents. Try setting a meeting with legislators and you will understand -- they are just too busy.
Why? Because they’ve become an extension of the corporate boardroom.
The logic of ALEC’s strategy is clear: create laws that benefit member corporations, knock down laws that hurt
their bottom line, and create a smokescreen that shields the organization and its corporate donors from direct
scrutiny. This is why ALEC is organized as a 501(c)(3) non-profit organization even while its activities are
clearly political and clearly aimed at lobbying. While ALEC’s activities have not yet been proven to be illegal,
there is very good reason to think that they are, making serious investigation urgently needed. ALEC’s efforts
to conceal its immense influence over the legislative process makes a complete mockery of open, transparent,
12
and impartial government. It is designed by the wealthiest 1% to act in the interests of that 1%, and against the
interests of an already marginalized, unrepresented, and desperate public. In an age of absurd corporate
influence over government, ALEC is the clearest manifestation of how the few can control the many.
Case Study - Arizona Senate Bill 1070 or “The Racial Profiling Bill”
In 2010, Arizona passed Senate Bill 1070, also known as “the Racial Profiling Bill”.13 This law has since
become the poster-child for a very scary “business model” in which racism, scapegoating, and fear of the
“other” drive a prison industry that profits from incarceration and deportation. For instance, the Corrections
Corporation of America (CCA), which has a contract with the U.S. Immigration and Customs Enforcement
Agency (ICE) for detainment, makes at least $11 million a month in Arizona alone.14
The Racial Profiling Bill was written, named, and shuttled through the legislature by ALEC, with generous help
from CCA -- one of its registered members.15 In a police training video distributed state-wide, 15,000 officers
are advised, “No officer should ever say, ‘Show me your papers,’ that’s just rude.”16 The Corrections
Corporation of America must be a very proud sponsor.
As of 2009, 30% of all the inmates in Arizona were incarcerated in prisons run by private corporations.17
Thanks to ALEC, these same corporations are now able to pass laws.
This is a prime example of how ALEC’s money buys access to ours -- reducing our freedoms in the process.
ALEC has successfully pushed mandatory minimum sentences, limitations on parole, and increased sentences
for repeat offenders. ALEC corporations are doing business in every state, and nearly every city in the United
States. And as the next section will show, Oregon is a prime target of ALEC’s effort to subvert democracy.
ALEC is a Force in Oregon
Despite being the 27th most populous state in the USA, Oregon politicians receive the third highest dollar
amount in ALEC member contributions in the nation at $16.2 million annually. Only California and Arizona
receive more. To put this in perspective, consider that Washington State, with a population nearly double that
of Oregon, receives less than half -- only $6.5 million. Montana, with a population roughly a quarter of
Oregon’s, receives only $166,000, nearly 100 times less than Oregon’s share of ALEC funds.18 This
disproportionate spending begs the question, what makes Oregon so worth the cost of obtaining special
influence?
Oregon’s economy largely centers on agriculture and natural resource extraction and many of the ALEC bills
introduced in Oregon oppose environmental regulations. Because Oregon is a bellwether state in this regard,
13
The public justification pointed to drug-violence from Mexico, but accoring to Phoenix’s KPHO, FBI statistics showed a
significant drop in violent crime over the previous 6 years. Even arrests for illegal border crossings were down by half
since 2004.
14
http://www.grassrootsleadership.org/blog/tag/cca/
15
http://colorlines.com/archives/2010/10/arizonas_draconian_and_constitutionally_suspect.html
The bill’s official title is “the Support our Law Enforcement and Safe Neighborhood Act”. A more appropriate title might
have been “the Enrich our Corporations and Detain our Neighbors Act.” A provision of the law requires that anyone
arrested be held by CCA until the federal government verifies their immigration status. Instructions to the police say “it’s
unclear whether this applies to arrests for any offense or just those involving possible illegal immigrants.” (see following
citation)
16
http://articles.latimes.com/2010/jul/02/nation/la-na-immigration-dvd-20100702
17
http://www.nytimes.com/2009/10/24/us/24prison.html
18
http://cldc.org/2012/02/12/alec-101/ (stats in video)
13
the lead it takes on such legislation that effectively sets the standard for the rest of the nation. By keeping the
Oregon bar as low as possible on environmental regulation, ALEC furtively influences environmental
regulations nationwide. The result of this influence is a promotion of the interests and profits of the wealthiest
corporations without regard to detrimental public health effects and degradation of the environment. And
because Oregon also leans progressively on health care, many proposed ALEC bills come up in opposition to
health care reforms that serve the general public rather than the private interests of pharmaceutical and health
industries. In other words, ALEC can advance its overall agenda by serving as a block in states that would
otherwise be a laboratory for successful progressive government.
Disturbingly, a large number of Oregon legislators are currently engaged in chummy relationships with ALEC.
One prominent ALEC member and Oregon State legislator, Gene Whisnant, received a national “honor” and
was selected as the 2011 ALEC State Legislator of the Year! At present, there are 14 Oregon State
legislators who are known to be members of ALEC.19 They are:
Rep. C. Gene Whisnant (R-53): ALEC State Chairman, International Relations Task Force
member, and 2011 ALEC State Legislator of the Year
Rep. John Huffman (R-59)
Rep. Matt Wingard (R-26).
Rep. Tim Freeman (R-2): ALEC Energy, Environment and Agriculture Task Force Member
Rep. Katerina E. Brewer (R-29): ALEC International Relations Task Force Member
Rep. Shawn Lindsay (R-30): ALEC Public Safety and Elections Task Force Member
Rep. Michael R. McLane (R-55): ALEC Tax and Fiscal Policy Task Force Member
Rep. Jason Conger (R-54): ALEC Civil Justice Task Force Member
Rep. Matthew Wand (R-49): ALEC Civil Justice Task Force Member
Rep. Wally Hicks (R-3): ALEC Civil Justice Task Force Member
Rep. Sal Esquivel (R-6)
Rep. Bill Kennemer (R-39)
Rep. Bruce Hanna (R-7)
Rep. Kim Thatcher (R-25)
However, just because a legislator is not an official ALEC member does mean that he or she is not being
influenced by the organization. Any state legislator who meets with a lobbyist of a company that funds ALEC is
subject to the same conflicts of interest. And even if they don’t meet with ALEC representatives, ALEC’s
influence still poisons the entire process.
Local law firms are also compromised by association with ALEC. Portland law firm (and lobbying outfit)
Lindsay, Hart, Neil & Weigler LLP handles a high volume of ALEC related work in Oregon. One of its
attorneys, Paul S. Cosgrove is one of two the state chairmen for ALEC. According to Cosgrove: “Government
impacts – sometimes positively, often negatively – all business endeavors. My work ensures that the good
impacts for my clients are maximized, and the bad ones are mitigated.” Translation for those who don’t
understand politi-speech: “At present, not all government assets are available for corporations to use for free. I
aim to change that.”
19
http://www.sourcewatch.org/index.php?title=ALEC_Politicians#Oregon_Legislators_with_ALEC_Ties
14
Case Study - Oregon Senate Bills 1552 & 1564 or “Foreclosure Relief Bills”
In the 2012 short session, Oregon legislators introduced several bills designed to give struggling homeowners
some leverage against aggressive bank foreclosures. The Senate moved first, passing 2 important bills. First
was SB 1552, which advanced pre-foreclosure mediation programs that have proved successful in 21 other
states. The bill easily passed, 26 - 4. SB 1564, which would have prevented banks from negotiating a
mortgage modification while simultaneously pursuing foreclosure, passed 20 - 10.
Both Senate Bills were directed to the House General Government and Consumer Protection Committee,
which is presided over by our 2011 ALEC State Legislator of the Year, Rep. Gene Whisnant. What transpired
is a perfect demonstration of how corporations conspire to defeat bills that would protect vulnerable groups
who cannot afford lobbyists.
At first, Whisnant simply blocked any action at all. As committee chair, he was well within his power to do this.
But why wouldn’t he want people to have a fighting chance in surviving a foreclosure action? Apparently, he
realized that there was enough public pressure to force him to act on the bills, so he proposed amendments to
the bills. These amendments effectively stripped the bills of any force by:
●
●
●
●
removing mandatory mediation,
eliminating the prohibition against negotiating while simultaneously proceeding with foreclosure,
legalizing all the "MERS" transactions retroactively, which are currently illegal under Oregon law,
removing the power of the Attorney General to pursue action against banks based on consumer
protection.
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The process of watering down a bill by amendment so that it is non-effective for its original purpose is called
"poisoning" the bills. Bills poisoned by amendment poisoned bills will never pass and die in committee. This is
what happened with SB 1552 & 1564.
Worst of all, Whisnant’s actions represented the type of institutional bribery that we demand an end to. On
January 31, the day before the session started, Rep. Whisnant took contributions from the banking interests
who stood to lose the most from the foreclosure bills; Bank of America ($500)20 and the Oregon Banker's PAC
($500)21. Because of the way that the system runs, one man, Gene Whisnant, was able to block Oregonians
from a chance to have fair negotiations with unscrupulous bankers who are taking their homes. His behavior is
so egregious that even the Oregonian took him to task.22 Adding insult to injury, it only took a measly $1000 to
sell out vulnerable Oregonians who could have stayed in their homes with a little help from the
legislature
20
https://secure.sos.state.or.us/orestar/gotoPublicTransactionDetail.do?tranRsn=1159171
https://secure.sos.state.or.us/orestar/sooDetail.do?cneCommitteeId=4653
22
http://www.oregonlive.com/opinion/index.ssf/2012/02/dying_for_help_on_the_house.html
21
16
Case Study - Oregon House Bill 4142 or “the Buy Oregon Recycled Paper Bill”
HB 4142 would have created a demand for recycled paper made in Oregon and would have created jobs at the
state’s paper mills. But ALEC corporations and the Koch Brothers disagreed. Apparently, they make more
money importing recycled paper from China. So again, ALEC lawmakers who took campaign contributions
from ALEC corporations, were instrumental in killing a progressive bill that would have helped Oregonians. In
these circumstances, the result is always the same: profits for multinational corporations over the interests of
Oregonians.
17
Case Study - House Bill 4109 or “Competitive Bidding for Generic Drugs Bill”
Everyone (except giant pharmaceutical companies) knows that the prescription drug market is a mess. In the
United States we pay far more for generic drugs than is necessary, considering they can be produced so
cheaply and rapidly. Government agencies like the Veterans Administration use competitive bidding to reduce
costs of prescription drug benefits. HB 4109 would have saved taxpayers money by putting in place
competitive bidding to ensure the lowest possible prices for generic drugs. Apparently, Big Pharma didn’t like
the idea very much -- a competitive bidding process would interrupt the monopolistic conditions and
unbelievable profits that the cartel currently enjoys -- so they threw money at their ALEC legislators to kill the
bill in committee. Again, when legislators respond primarily to the interests of corporations, the interests of the
public are not protected. Sick people have to pay more for drugs they made need to save their lives while drug
companies continue to reap astronomical profits off of their suffering.
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Case Study - Oregon Senate Bill 1534 or “the Twitter Felony Bill”
Earlier this year, Oregon State Senator Doug Whitsett (R-28), along with several cosponsors, introduced a bill
aimed at criminalizing the use of social media for organizing purposes. SB 1534 would have made it a felony to
use "electronic communication to solicit two or more persons to commit [a] specific crime at [a] specific time
and location."23 The punishment would have included up to 5 years in prison and a $125,000 fine. Had it
passed, anyone organizing a direct political action or protest over social media could have been charged with
(and convicted of) a felony.
While testifying against the bill, noted election attorney Dan Meek demonstrated that the proffered logic for the
law’s necessity made no sense:
“The chief sponsor of the bill, Senator Whitsett, claimed its purpose is to help stop use of the
internet to organize robberies at banks or stores. But such robberies are not misdemeanors. So
why does the bill make it a felony to send an electronic communication that suggests a
misdemeanor, such as engaging in civil disobedience?”24
Luckily, strong public outcry sounded the alarm and effective opposition stopped the legislation before it could
leave committee. Some local and national news outlets covered the story and noted the strange timing of the
bill, which made it look like a possible attack on the Occupy movement.25
Many suspect that ALEC is pushing legislation like this around the country. Rumor has it that in ALEC circles,
the model legislation behind SB 1534 is even being called the “anti-Occupy bill”.26 More investigation should be
conducted to make this connection definitive. For the more skeptical-minded, a very large and instructive set of
emails has recently been leaked by Anonymous (and published by Wikileaks), revealing the extremely
paranoid lens through which corporate America views global activism.27
23
https://docs.google.com/viewer?url=http://www.leg.state.or.us/12reg/measpdf/sb1500.dir/sb1534.intro.pdf&pli=1
http://www.oregonlive.com/politics/index.ssf/2012/02/attempt_to_criminalize_tweets.html (second comment)
25
http://motherjones.com/mojo/2012/02/oregon-bill-would-criminalize-twitter
26
http://cldc.org/2012/02/12/alec-101/ (stats in video)
27
http://www.commondreams.org/newswire/2012/02/26-0
24
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Appendix
The following two appendices are examples of other work within the Occupy Portland Movement that
come from different groups and which represent a diversity of ways in which corporate power is being
challenged.
A.
Petition to Oregon Legislators
Dear Oregon Legislator,
It has come to our attention that you have a well-documented and ongoing association with the American
Legislative Exchange Council (ALEC). ALEC and its funders work to overwhelm the democratic process in the
State of Oregon.
ALEC, as you are well aware, is a “membership” organization that receives the tax benefits of a 501(c)(3) nonprofit organization. In practice, ALEC has been effective at pushing its corporate-designed political and
economic agenda on state legislatures through willing conduits such as yourself. This anti-environment, antilabor, anti-affordable-healthcare agenda is contrary to the interests of the general public. Though ALEC is not
technically a lobbying organization, and so escapes ethics laws that would otherwise apply, it is clear that the
goals of the organization are to bring legislators into intimate contact with corporate representatives who
operate on behalf the wealthiest and most privileged Americans. Though ALEC may not lobby directly and its
activities may be allowed in the legal sense, your continued participation in this secretive organization is an
offense to the State of Oregon as it makes a mockery of the spirit of our open and transparent system of
government.
Despite any nice sounding awards or personal perks a relationship with this organization may provide, your
association is inappropriate because it diverts your attentions away from the interests of most of the people
you are supposed to represent. You cannot serve two masters. Rather than hobnobbing at ALEC events, why
not try spending time with low income families who are struggling to make ends meet? Why not talk to some of
the homeless in your own town? Why not visit an emergency room where people are desperate for medical
care they can't afford? Such associations would give you a better understanding of problems in Oregon that
could allow you to conceive of real solutions, rather than just advancing some corporation's agenda. Simply
put, where you spend your time and with whom you associate is an important factor in deciding whose
interests you will legislate. You are associating with the wrong people.
For an elected legislator to submit model legislation, pre-written in secret by members of ALEC and subject to
the approval of their corporate sponsors, is a horrifying dereliction of duty. You were not elected so that you
could act as a funnel to transfer the wish list of corporate America into the legislature. Your constituents expect
that you will be drafting legislation in their interests, not simply cutting and pasting the desired laws of
America’s most privileged people. That you have failed to identify ALEC as the source of model legislation in
the past is contemptible. If your goal is simply to be a tool of corporate America, at least have the decency to
do it in the open. We demand that you cease this practice immediately and recommit yourself to transparency
in government. The public has grown tired of the corrupting influence of special interests and will no longer
tolerate it.
We demand that you publicly withdraw from ALEC, return any awards or commendations you may have
received in the past, and reimburse the state for any state funds you have used to attend their events or
advance their agenda. Further, we demand that you stop accepting campaign contributions from ALEC
members or their executives and return any such campaign contributions previously received. Failure to
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disassociate yourself with ALEC will be a serious electoral liability and source of personal shame as we
continue the campaign to educate Oregonians about this subversive organization.
Yours for a government of the people, not corporations,
The Solutions Committee of Occupy Portland
B.
Measure 47 Resolution
Establish as a position of Occupy Portland that Measure 47 should be immediately enforced by the responsible
government officers -- the Attorney General and the Secretary of State -- to rescue Oregon from domination by
big moneyed interests and allow the 99% to reclaim the government to pursue the transformation of our society
from corporate control to community control.
WHEREAS, Oregon citizens passed Measure 47 in 2006, a measure that enacted strict limits on political
campaign contributions and independent expenditures; and
WHEREAS, The Oregon Secretary of State and Attorney General have refused to enforce Measure 47, even
though no court has found any of it to be unconstitutional:
WHEREAS, campaign spending has reached absurd levels, making elections for the Oregon Legislature the
second most expensive per capita in the nation;
WHEREAS, special interest groups, Political Action Committees, lobbyists, “membership organizations” such
as the American Legislative Exchange Council, and the very wealthy have disproportionate advantages in
electing and influencing public officials in Oregon;
WHEREAS, campaign costs keep worthy candidates from running for office, because Oregon candidates are
now forced to treat campaign fundraising as an “arms race” to be won at all costs;
WHEREAS, candidates have become unduly beholden to large contributors and the special interests able to
contribute large amounts for their campaigns. Contributions to candidates in contests for statewide public
office and for the Oregon Legislature have increased from $4.2 million in 1996 to $57 million in 2010, when
less than 6% of the contributions were in amounts of $100 or under.
WHEREAS, the perpetual need to raise campaign funds consumes valuable time of elected officials and
candidates and discourages qualified persons from running for public office;
NOW, THEREFORE, BE IT RESOLVED, that Occupy Portland calls on Oregon Secretary of State Kate Brown
and Oregon Attorney General John Kroger (and all elected successors) to immediately enforce Measure 47 as
mandated by the electorate instead of arguing in court that that Measure 47 contains a bizarre and
unprecedented black hole that somehow consumes itself; and
BE IT FURTHER RESOLVED that that Occupy Portland calls on other Oregon Occupies, communities,
jurisdictions, and organizations to join with us in this action by passing similar Resolutions.
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