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utah
Utah's Anti-Trans Bathroom Snitch Line Flooded With 'Bogus' Complaints
State Auditor John Dougall said that "concerned citizens should directly contact the bill sponsor, Rep. Birkeland," who doubled down on her support for the recently enacted law.
May 08, 2024
In just a week since its launch, Utah's " snitch line" for a new law restricting transgender people's access to some bathrooms and changing facilities was inundated with around 10,000 "bogus" reports, state Auditor John Dougall revealed Tuesday.
Dougall, a Republican running to represent the state's 3rd Congressional District, shared the figure with Utah News Dispatch and released a lengthy statement detailing his office's efforts to comply with House Bill 257, which GOP legislators passed and Gov. Spencer Cox signed earlier this year.
The law prohibits trans students in K-12 public schools from using bathrooms or changing rooms that align with their gender identity, according to an online resource from the ACLU of Utah and Equality Utah. The restrictions also apply to changing rooms in government-owned or -controlled buildings—such as the Utah Capitol and city or county recreation centers—but not to the facilities in private spaces such as restaurants, shopping malls, or theaters.
Since Dougall's office launched the online complaint form last week, Utahans and other opponents of H.B. 257 have posted the link on social media with messages like, " You know what to do." Some people even shared screenshots of their fake submissions.
Among the critics of the form was state Sen. Jennifer Plumb (D-9), who
said on social media last week: "Apparently Utah's solution to people feeling unsafe in restrooms is to encourage folks to take photos of and focus extreme attention on the private parts of others who are taking care of a biological need to eliminate waste? What could possibly go wrong?"
Dougall responded that "our hotline has historically allowed complainant to upload additional supporting information. My office has no interest in those types of photos which, of course you know, would be illegal." The auditor went back and forth with Plumb, who stressed that "these 'hotline' reporting spaces are what make people unsafe."
In his Tuesday statement, Dougall said that he has not received "a single legitimate complaint" and that his office "only investigates alleged violations of the statute by government entities" and "will not investigate the actions of any private individuals."
"The office created the complaint form to comply with a statutory mandate—a role we did not request. Indeed, no auditor sets out to become a bathroom monitor," Dougall continued. He noted that "the bill was rushed to final passage" and neither its sponsor, state Rep. Kera Birkeland (R-4), "nor any other legislator consulted with this office regarding this newly mandated obligation."
"I recognize that many Utahns feel trampled by an invasive and overly aggressive Legislature that too often fails to seek input from those most affected," he added. "The Legislature crafted these public policies, and only the Legislature can revise them. Concerned citizens should directly contact the bill sponsor, Rep. Birkeland, and other legislators at le.utah.gov."
Responding to Dougall's statement on social media Tuesday, Birkeland
said in part that "it's not surprising that activists are taking the time to send false reports" and "backlash from this legislation was completely expected."
"But that isn't a distraction from the importance of the legislation," she added, claiming that the law protects women and girls, and that opposition to it comes from "a loud and vocal minority."
Since North Carolina passed the nation's first bathroom bill in 2016, similar laws and other state-level legislation attacking various trans rights have been advanced by Republican lawmakers throughout the United States, often provoking legal challenges.
As trans journalist Erin Reed, who tracks anti-trans legislation across the country, highlighted Tuesday:
The ordeal over the bathroom reporting tool in Utah mirrors problems seen in many other anti-trans bathroom laws targeting transgender adults. These laws are extremely difficult to enforce. Questions of enforcement were brought up often in the debate, with many pointing out that you can't always tell who is transgender. This sentiment was shared in the Senate Business and Labor Committee by Dustin Parmley, a public defender, who stated: "This bill is impossible to enforce. It relies on citizens to determine if someone is feminine or masculine enough to use it. The exceptions are for hidden conditions, such as someone's surgery or birth certificate. It will lead to unnecessary police investigations."
"Other attempts to create such forms have similarly failed,
such as in Virginia, where Gov. Glenn Youngkin's tip line was flooded with complaints about Beowulf, or in Missouri, where scripts for the Bee Movie were sent in," Reed noted. "In this case, it appears that when faced with problems enforcing anti-trans laws, the state of Utah attempted to sidestep the issue by abdicating the responsibility of enforcement to its citizens."
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Complaint of the Great Salt Lake
I’m down to 900 square miles now; I’ve been told that if things stay this way, I’ll be gone in five years.
Apr 06, 2024
I have a story for you this April about how your tax dollars work. It may not be obvious at the start, but be patient. I need to tell it to you before it’s too late.
In the old days, my waters filled 3,000 square miles, and the streams flowing to me from the Wasatch Mountains kept me full. Along my banks were millions of brine flies that would get into people’s teeth, but the flies fed the birds and the birds fed any creatures willing to hunt them. Though my waters were unfit for people to drink and would pickle any washing in them, there was salt there worth people’s taking. The Shoshone and Ute who visited me took what they needed and otherwise left me alone. It was hard for them to live near me anyway, but we got along. They respected me, and I stayed full.
After a while, the Mormons came, fleeing campaigns of religious cleansing further east. In all his shrewdness, Brigham Young reckoned that no one else would want to settle anywhere near me. You know the rest pretty well. The Mormons were well organized and resourceful enough to build farms along my streams, and they prospered well enough to supply wagon trains going further west to Oregon and California and eventually set up a state. They knew the limits of the land, and for a time, there was no quarrel between the settlers and me.
Once upon a time we got along. No more.
By and by, more settlers arrived. The community grew, and people discovered they could mine my salt and so a commercial industry in salt started. More people came, and industry grew. Motor vehicles followed, with more and more burning of oil and gas. Farmers in the area discovered they could grow high grade alfalfa for export, but that required mechanization and lots of fresh water. As commercial agriculture took more and more water from my streams, the people and I became rivals, and the atmosphere itself began to change.
Utah’s delegation in Congress made sure all this evident prosperity was well supported in Washington. There were plenty of subsidies for the fossil fuels needed to drive this commerce, and for the commerce in armament which grew in size across the nation after 1945. Very few of your lawmakers seemed to mind. The subsidies continued, and the air started to go crazy.
By the 2000s, endless war had begun, and still goes on, along with the Long Drought. There’s less snow in the Wasatch Mountains, and less water in my streams, though no less insistence on it from the alfalfa. Your recent federal effort to rescue the climate, though well-meant, is puny compared to the support your government gives the oil and gas devouring military establishment and the wars it supports in Gaza and Ukraine, where the Earth weeps.
I’m down to 900 square miles now. My waters are less deep. I don’t feel very good, and can’t shake it. I’ve been told that if things stay this way, I’ll be gone in five years. These days, any one of you could count dead birds by the hundreds along my shores, and smell them. The bed on which I now toss and turn has salt in it, but most of it is arsenic-laced toxic dust. When it blows into the air, which it does more and more often, you people breathe it in, especially in the poorest neighborhoods nearest me. Now that the air over Salt Lake City has turned brown, emphysema, Alzheimer’s, and ALS follow. What your leaders call national security makes you sick, and your taxes pay for it, in spite of yourselves.
Once upon a time we got along. No more. Around your country and around the world, you don’t even get along among yourselves, and too many of you have talked yourselves into believing there’s no way out. So much for policy that comes from diseased minds. You sicken, and I die.
Unless you do something about it. I can’t. But you can. No more diseased minds. Wise up. Let Iowa, where the Mormons rested on their way west, grow alfalfa for export. Get free of coal and oil and endless warfare, and maybe the air will be less crazy. Care for one another, because each of you depends on everyone else to meet your needs. Covid-19 should have taught you at least that much.
Even in the Long Drought, there’ll be enough water left in my streams for the rest of your farms, and some for me to drink if you treat my streams with some respect. Once I get well, our quarrels will end. There’ll be no more of my poison dust in the air, and you can take some of my salt for yourselves, just like in the old days. And maybe the Ute and Shoshone will come for a visit.
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US Appeals Court Halts 'Climate Bomb' Oil Rail Project Over Environmental Concerns
"This is an enormous victory for our shared climate, the Colorado River and the communities that rely on it for clean water, abundant fish and recreation," said one campaigner.
Aug 18, 2023
U.S. Green groups and some Democratic politicians on Friday celebrated a federal appellate court's ruling that pauses the development of the Uinta Basin Railway, a project that would connect Utah's oil fields to the national railway network.
"The court's rejection of this oil railway and its ensuing environmental damage is a victory for the climate, public health, and wild landscapes," said WildEarth Guardians legal director Samantha Ruscavage-Barz. "The public shouldn't have to shoulder the costs of the railway's environmental degradation while the fossil fuel industry reaps unprecedented profits from dirty energy."
Although the ruling does not necessarily permanently block the project—which would cut through tribal land and a national forest—Carly Ferro, executive director of the Utah Sierra Club, similarly called the decision "a win for communities across the West and is critical for ensuring a sustainable climate future."
"From its onset, this project's process has been reckless and egregious. But today, the people and the planet prevailed," Ferro added. "We will continue to advocate for accountable processes to ensure a healthy environment where communities can live safely, and this win will help make that possible."
A coalition of advocacy groups and Eagle County, Colorado launched legal challenges to the project last year. Ruling on the consolidated case Friday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit vacated the Surface Transportation Board's (STB) December 2021 approval of the railway, along with the federal agency's related environmental impact statement (EIS) as well as a biological opinion (BiOp) from the U.S. Fish and Wildlife Service.
The panel found "numerous" violations of the National Environmental Policy Act "arising from the EIS, including the failures to: (1) quantify reasonably foreseeable upstream and downstream impacts on vegetation and special-status species of increased drilling in the Uinta Basin and increased oil train traffic along the Union Pacific Line, as well as the effects of oil refining on environmental justice communities the Gulf Coast; (2) take a hard look at wildfire risk as well as impacts on water resources downline; and (3) explain the lack of available information on local accident risk" in accordance with federal law, wrote Judge Robert Wilkins. "The EIS is further called into question since the BiOp failed to assess impacts on the Colorado River fishes downline."
As the The Colorado Sunreported Friday:
The Surface Transportation Board argued it did not have jurisdiction to address or enforce mitigation of impacts outside the 88-mile rail corridor.
The appeals court ordered the Surface Transportation Board to redo its environmental review of the project. But the court did not agree with Eagle County and the environmental groups led by the Center for Biological Diversity that the Uinta Basin Railway could lead to the opening of the long-dormant Tennessee Pass Line between Dotsero and Cañon City.
The court also did not wholly agree that the transportation board failed to adequately consider the climate impacts of burning the new crude, which could increase pollution and account for 1% of the nation's greenhouse gas emissions.
Still, the Center for Biological Diversity celebrated the decision, with senior campaigner Deeda Seed saying that "this is an enormous victory for our shared climate, the Colorado River, and the communities that rely on it for clean water, abundant fish, and recreation."
"The Uinta Basin Railway is a dangerous, polluting boondoggle that threatens people, wildlife, and our hope for a livable planet," Seed added. "The Biden administration needs to dismantle this climate bomb and throw it in the trash can where it belongs."
U.S. Sen. Michael Bennet and Congressman Joe Neguse, both Colorado Democrats, also welcomed the ruling in a joint statement.
"This ruling is excellent news," the pair said. "The approval process for the Uinta Basin Railway Project has been gravely insufficient, and did not properly account for the project's full risks to Colorado's communities, water, and environment. A new review must account for all harmful effects of this project on our state, including potential oil spills along the Colorado River and increased wildfire risk."
"An oil train derailment in the headwaters of the Colorado River would be catastrophic—not only to Colorado, but the 40 million Americans who rely on it," they added. "We're grateful for the leadership of Eagle County and the many organizations and local officials around Colorado who made their voices heard."
Speaking to Real Vail on Friday, Eagle County attorney Bryan Treu pointed to a Norfolk Southern that was carrying hazardous material when it derailed and burned in East Palestine, Ohio in February—an incident that has since fueled calls across the country for boosting rail safety rules and blocking projects like the Uinta Basin Railway.
"It seems like we read every month this last year about a derailment somewhere," said Treu. "So there's a lot to look at that. The circumstances have changed, and as this goes back to the Surface Transportation Board, they're going to be looking at all those things."
Reutersreported that while the STB declined to comment, "a spokesperson for the project—a public-private partnership that includes the Seven County Infrastructure Coalition, investor DHIP Group, and rail operator Rio Grande Pacific Corp—said developers are 'ready, willing, and capable of working' with regulators during additional reviews."
Meanwhile, some locals hope Friday's ruling is a step toward killing the project. Jonny Vasic, executive director for Utah Physicians for a Healthy Environment, said that "the people of Utah can breathe a sigh of relief. Hopefully this is the beginning of the end for the Uinta Basin Railway."
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