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Last week, Gov. Matt Bevin filed a lengthy legal brief—the second from his administration—to vigorously defend the recently enacted House Bill 2, which requires physicians to offer an ultrasound to patients prior to performing an abortion, describe the developing child that is depicted and allow the heartbeat to be heard.
Yesterday was the deadline for Kentucky Attorney General Andy Beshear to file a brief ahead of a Feb. 16 hearing before U.S. District Judge David Hale on a requested temporary restraining order, and he unsurprisingly failed to do so.
Despite claims that he has taken “the most aggressive action possible,” Beshear’s actions show otherwise. Three weeks ago, he simply filed a one-page brief asserting his office was “taking no position” on House Bill 2 and when invited by the Judge to file a supplemental brief by Feb. 9, he failed to file anything. Beshear has not lifted a finger to defend the constitutionality of HB 2.
He continues to cling to the nuance that he is defending the statute because his office has entered an appearance for himself and a state agency. However, he has made no effort to actually defend the statute. He is failing to defend Kentucky law and the unborn children and expecting mothers it was enacted to protect—the basic job of the attorney general of the Commonwealth.
“I find it tragically ironic that while Attorney General Beshear boasts about protecting Kentucky’s families and children, he is shirking his duty when it comes to protecting the most vulnerable among us,” said Communications Director Amanda Stamper.
He recently asked to be removed as a defendant, saying nothing in the law says his office has the duty or authority to enforce it.
However, even the ACLU in a reply memorandum noted that Beshear’s argument is incorrect “because it ignores the broad power the Attorney General wields under existing Kentucky law to enforce state statutes and to initiate actions in which the Commonwealth has an interest.”
House Bill 2 was passed by the Kentucky General Assembly last month with 83 percent bipartisan support.
Note: Click here to download copy of legal briefs.
Flanked by more than a dozen state legislators and an overflow crowd filling three levels of the Capitol rotunda, Gov. Matt Bevin today ceremonially signed two historic pro-life measures during the Kentucky Right to Life Association’s “Rally for Life.”
Gov. Bevin commemorated the recently enacted Senate Bill 5 and House Bill 2, which both passed with broad bipartisan support in the first week of this year’s General Assembly.
He applauded legislators for their unwavering commitment to protect the most vulnerable members of society and noted that despite political controversy, “the sanctity of human life is worth fighting for.”
“We have a chance to lead this nation from a moral and spiritual perspective that is desperately needed,” said Gov. Bevin. “We must continue to fight this scourge that is the taking of innocent life. It’s worth it, America is worth it, and Kentucky is going to lead the way.”
Senate Bill 5 prohibits physicians from terminating pregnancies after 20 weeks of gestation—a timeframe in which experts say that a fetus can feel pain. House Bill 2 requires physicians to offer an ultrasound to patients prior to performing an abortion, allowing women to make a truly informed medical decision. (Patients may choose not to have the ultrasound by signing a form to opt out.)
“Kentucky citizens elected the members of the General Assembly to pass responsible legislation that falls in line with Kentucky values,” said Senate President Robert Stivers. “Senate Bill 5, along with House Bill 2, protects the integrity and intrinsic value of human life. It is our duty as elected leaders to protect our most vulnerable, and we have made steps towards accomplishing that goal by passing this momentous legislation.”
“Studies have shown over and over that unborn children at 20 weeks of gestation are sensitive to pain,” said Sen. Brandon Smith, primary sponsor of Senate Bill 5. “The Pain Capable Unborn Child Act offers one more protection to those who cannot protect themselves. Kentuckians value the sanctity of life, and I am proud that we in the Kentucky Senate are committed to safeguarding the lives of all our citizens.”
“This session, common sense legislation to protect life and provide women with appropriate medical information has passed the Kentucky General Assembly,” said Rep. Addia Wuchner, chair of the House Health and Family Services Committee. “Just like our passage of an informed consent bill last session, this bill demonstrates a further commitment from the House to providing women with all of the medical information available before undergoing an abortion.”
Since taking office, Gov. Bevin has signed three important pieces of pro-life legislation into law. In addition to this year’s measures, he signed Senate Bill 4 (“informed consent”) in 2016, requiring medical personnel to provide face-to-face consultation to women 24 hours before an abortion is performed.
Citing $9 billion in investments – ranging from new libraries in Okolona and the east end, to restoration of Colonial Gardens in the south end, to 23 new hotels in and around downtown – Mayor Greg Fischer focused his seventh annual State of the City address on Louisville as “one rising American city.”
“Our city overall has achieved a level of prosperity unlike anything in recent memory,” he said in remarks made during a Downtown Rotary Club luncheon held at the Baxter Community Center at Beecher Terrace.
But there is work yet to do, he said, noting that, “To take our place alongside great global cities, we have to ensure that prosperity spreads throughout our city.”
(Read Mayor Fischer’s entire speech here)
In his six years in office, the Mayor has rotated the location for the State of City address throughout the community. This year’s location was a nod to one of Louisville Metro Government’s biggest recent announcements – a $29.5 million federal grant to redevelop the Russell neighborhood, which Mayor Fischer said is “a tremendous and important opportunity” that will have ripple effects throughout the city.
In a speech that centered on economic and job growth throughout Louisville’s many diverse neighborhoods, the Mayor noted that Russell has a proud past and a promising future.
“I can’t think of a better place from which to examine where we’ve been, where we are, and where we’re going,” he said.
In an overview to open his speech, he said the city has seen:
- Creation of 61,000 new jobs and 2,600 new businesses;
- Our unemployment rate drop from more than 10 percent to 3.5 percent, the lowest in 15 years;
- Our median wage, adjusted for the cost of living, increase every year since 2008. In 2015 alone, more than 10,000 Louisvillians lifted themselves out of poverty, and more than 7,000 Louisville families joined the middle class.
As he took his audience on a virtual tour of the city, the Mayor highlighted the $320 million Omni Louisville Hotel in downtown; new restaurants and businesses in NuLu, Butchertown, Sheppard Square and Portland; and library expansions and construction in south Louisville, St. Matthews and east Jefferson County.
He noted that Louisville has become a top-tier tourist destination, welcoming over 24 million tourist visits a year, largely thanks to Bourbonism, which brings people to the city year-round for restaurant and distillery experiences on our Urban Bourbon trail.
He also highlighted the city’s commitment to affordable housing, as witnessed by a $2.5 million allocation for the Affordable Housing Trust Fund this fiscal year, and $12 million in loans and support from Louisville CARES to develop more affordable units in all corners of our community.
Emphasizing Metro’s focus on jobs and economic development, the Mayor discussed the Global Louisville Action Plan, which lays out strategies to attract, retain and grow our foreign-born population. “A great city must be a global city,” he said. “We need people who can help us think, work, connect and compete globally.”
The Mayor also announced during his speech that:
- He is asking the Metro Council to add hookah and e-cigarettes to the city’s Smoke Free ordinance.
- The Compassionate School Project, which began with three Jefferson County Public Schools in 2015, is expanding to 25 schools next year.
- Metro Government has received a $100,000 grant from the National Endowment for the Humanities to support the Cultural Pass, which provides the city’s children with free access to dozens of our city’s great cultural institutions.
Mayor Fischer closed his remarks by urging Louisville’s residents to take an active part in helping the city succeed.
“The people who have the greatest power to shape the future of Louisville are the people of Louisville,” he said. And, “To make the most of that power, we must face the opportunities and challenges before us together, as one community. Our fates are as connected as our streets and the air we breathe.”
Earlier this week, Attorney General Andy Beshear joined the director of his Office of Victims Advocacy, Gretchen Hunt, and 27 survivors of violent crime in the state Capitol Rotunda to announce the formation of a Survivors Council.
Members of the council will advise and assist the Office of Attorney General on matters related to victims of crime, including advancing victim-centered services, trainings and policy, and raising awareness.
Beshear said the Survivors Council brings together individuals who have survived the violent death of a family member, sexual assault, child sexual abuse, domestic violence, gun violence and other violent crimes to help improve responses to victims in the state.
“These survivors have persevered through the unimaginable, they have real courage and know firsthand what is needed to seek and ensure justice for victims,” said Beshear. “I am thankful to each member for their willingness to devote their time and passion to help pave a better way for other survivors.”
The council will be housed within Beshear’s Office of Victims Advocacy whose mission is to support victims’ rights and victim advocacy programs statewide. The work of the council will be woven into current office initiatives, including the Victim Assistance Conference, Victims’ Rights Day and ongoing training of law enforcement and prosecutors.
“Being victim-centered means that survivors have a seat at the table, not simply to share their story of victimization, but to share their wisdom and insight on how to make the process better for other victims,” said Gretchen Hunt, director of the Office of Victims Advocacy.
A selection of 27 survivor members occurred following an open nomination and application process conducted by the Office of Victims Advocacy.
“As a survivor of child marriage and sexual exploitation, I am thrilled to serve alongside other survivors on this council, knowing the diversity of our experiences will bring powerful contributions to our advocacy,” said council member Donna Pollard. “This council is critical for ensuring victims have the holistic support they deserve. Now is our time to prevent further victimization through improved legislation and educational means.”
“As the father of a survivor who was assaulted, I would like to thank Attorney General Beshear and Director Gretchen Hunt for the opportunity to serve in this endeavor,” said Bradford McClain, council member.
“After my 16-year-old son was shot and killed four years ago, I became disheartened, disappointed and realized there were little to no services or resources for victims’ families,” said council member Tonya Lindsey. “I am very humbled and honored to be appointed to the Survivors Council, where we will work to ensure a positive new direction for Kentucky, one that will better serve and accommodate the needs of victims. Who can tell you better what victims’ needs and concerns are than victims.”
The Survivors Council is the first of its kind in any Attorney General’s office nationwide and the United States Advisory Council on Human Trafficking served as inspiration for the council.
The council will meet quarterly and members can serve up to a two-year term.
Beshear said the Survivors Council announcement comes after a year of great progress on one of his office’s core missions of seeking justice for victims of sexual assault, human trafficking, violent crime and child abuse.
In 2016, Beshear made good on his promise to help end Kentucky’s sexual assault forensic exam (SAFE) kit backlog by providing $4.5 million in settlement money to lawmakers to fund requested Kentucky State Police crime lab upgrades.
Beshear’s office provided an additional $1 million from the settlement to aid law enforcement and prosecutors in conducting victim-centered investigations and prosecuting sexual assault offenders.
The office also held a SAFE summit and is currently helping to train those working to end Kentucky’s backlog.
Most recently, Beshear announced that his office is launching a collaborative research project with the University of Louisville to provide accountability in Kentucky’s efforts to address the backlog and provide justice to victims.
In addition to helping victims of sexual assault, Beshear established the AG’s office as the leading agency fighting human trafficking, a modern-day form of slavery that often involves children forced into sex or labor trading.
His office provided technical assistance on 32 potential human trafficking incidents, which helped identify at least two underage human trafficking victims, and became the first Kentucky government agency to receive a federal human trafficking grant.
In 2016, Beshear’s Cyber Crimes Unit fought back against child sexual abuse by working to arrest more online child predators than any year in the history of the office. The number of arrests, indictments and convictions last year totaled nearly 80.
The Survivors Council is the latest effort to ensure that the work of Kentucky’s Office of the Attorney General remains victim-centered and improves the safety and lives of Kentucky’s citizens.
Yesterday, Mayor Fischer gave a speech at the Rally For American Values. His speech was as follows:
“Thank you all for coming.
When we decided to hold this gathering, we knew we should do it at the Ali Center. Muhammad Ali provided us all with an inspiring example of courage, conviction and compassion. This native son of Louisville once said, “If you love God, you can’t love only some of his children.”
Can I hear an Amen?
We stand here today and raise our voices in support of the millions of patriotic Americans who left their native countries and now make their homes in Louisville and cities around the country. These are people who start businesses, join PTAs, pay taxes and make valuable contributions to their communities.
And last week’s travel ban on anyone entering the United States from seven Muslim-majority countries runs counter to the America we know and love: a strong, courageous, outward-looking, multicultural nation.
It’s our fundamental American values that truly make our country great: Equality. Justice. Opportunity. The rule of law, and the checks and balances that separate the greatest democracy in human history from countries whose experiments with freedom collapsed into tyranny and oppression.
The United States of America is the most powerful country on Earth in terms of our military, our economy, our public and private institutions, our already formidable ability to secure our homeland, and our influence on the world stage. But America’s greatest strength is not our capacity to intimidate, it is our ability to inspire.
This country was founded and formed by immigrants and their children. And for 240 years, America has drawn many of the best, brightest and bravest from around the world, and made a home for them and their families. In our city, we’re honored by the contributions of our immigrant community. People like …
- Marta Miranda. She’s the president and CEO of the Center for Women and Families. And part of Kentucky’s large and growing Cuban community, the Kentubanos.
- Dr. Muhammad Babar, a physician originally from Pakistan. Dr. Babar is one of our city’s and our nation’s strongest advocates for compassion and understanding among people of different faiths.
- And Dr. Alex Gerassimides – my wife. Her parents are Greek immigrants who fled civil war in their own country to come to America.
Immigrants of all faiths and nationalities are a valuable part of our community, and their work in an increasingly global world, their presence and connections to other countries, are even more valuable. I spent most of my career building businesses. That’s where I learned that to be the best at spurring innovation and growth, it’s essential to have input from people with diverse and global backgrounds.
My team and I embrace that same global mindset at Metro Government. That’s why Louisville is a welcoming city, where we owe much of our population growth to the foreign-born — with Latinos leading the way. Es importante que seamos unidos – It’s important that we are all united!
And we’ve taken action – establishing our Office for Globalization in 2011 to provide foreign-born Louisvillians with access to programs, services and opportunities for success. Compassion is one of our city values. And in Louisville, we define compassion as having respect for each and every person so they can reach their full human potential.
Part of reaching that full potential is being safe and secure in your home and community. That’s why LMPD is focused on public safety, and why we will not divert resources from that vital work to anything that will not make our city safer. LMPD does not have the authority to enforce federal immigration laws. And LMPD does not arrest people on the basis of their immigration status.
In Louisville, our compassion extends to our immigrant brothers and sisters from all countries and all religions. We also know that if the freedom of one group is compromised today, then we are all at risk tomorrow. Yes, there are threats to our country – like ISIS and Al-Qaeda and other groups – and we should continue our offensive against them – not their victims – most of whom are Muslims themselves! The fact that they may share a religion or nationality does not justify a shared indictment.
As a white Christian American man, I certainly hope that people don’t look at me and assume there is no meaningful difference between me and people like Timothy McVeigh, Dylann Roof or David Duke. We owe that same respect to our Muslim neighbors and colleagues. We owe that same respect to our Latino friends and families. We owe that same respect to everyone – not to stereotype or generalize based on ethnicity.
Because in a country founded on the principle that all men are created equal, we should all be judged, in the words of Dr. King, by the content of our character. And let’s understand something else. The economic prosperity we’re experiencing here in Louisville and in many parts of the country, simply isn’t reaching everyone the way it should. Some people are struggling. And that leads to frustration and anxiety.
But we have to face that reality together. And understand that our city must support both foreign-born and native-born Louisvillians. The future has room for all of us. And we need everyone on board. That means we have to talk to each other, listen to each other, and respect each other.
Because this is a pivotal moment – a decision point, where we will determine the course of our country and our world. Economic, social and technological changes present us with opportunities and challenges unlike anything we’ve ever seen.
That’s why gatherings like this do matter: It’s our duty to show our love for our country by reminding our country’s leaders that we fiercely believe in the American dream – for everyone. And we will not rest until it’s open to all. America must rise to this moment and lead global alliances that benefit people of all faiths and nations.
In this compassionate city, in the hometown of Muhammad Ali, we proclaim, with one voice, that we embrace our shared, global future. In Louisville, we stand together. We work together. And we rise together.
Thank you.”
Kentucky State Treasurer Allison Ball announced earlier this week that she has promoted her current Communications Director, OJ Oleka, to serve as Chief of Staff and Assistant State Treasurer.
“For the past year, OJ has shaped the message coming out of my office,” Treasurer Ball said in a statement. “He has been a leader in developing policy goals and has developed a strong understanding of all functions within Treasury. I’m confident in his ability to do the job.”
As Chief of Staff, Oleka will advise Treasurer Ball on policy and legislative issues, while also managing the day-to-day operations in Treasury.
“Treasurer Ball is one of best leaders in Kentucky,” Oleka said. “It is an honor to serve in this capacity.” Oleka is a Frankfort native; he has an MBA from Bellarmine University and a bachelor’s degree in Marketing from the University of Louisville, where he served as Student Body President and Chairman of the Board of Student Body Presidents. Oleka led the Unclaimed Property Division as Director during Treasurer Ball’s first year. Prior to joining Treasurer Ball’s staff, Oleka served in numerous private sector and non-profit management roles. Oleka will continue to maintain the communication duties within the office.
Treasurer Ball has also hired Samara Heavrin to serve as the Unclaimed Property Division Director. In addition to that role, Heavrin will assist in promoting Treasurer Ball’s new STABLE Kentucky initiative and other legislative priorities.
“Samara is a tremendous asset to our team,” Treasurer Ball said. “She is a hard worker and will bring an additional level of organization and a fresh perspective to our team.”
Heavrin is also a Kentucky native, with roots in Grayson County. Prior to joining Treasurer Ball, Heavrin worked for Senator Rand Paul in his Washington, D.C. office for two years, serving as Executive Assistant and leading the scheduling and logistics efforts. Prior to Senator Paul’s office, Heavrin worked for Congressman Brett Guthrie.
“It is great to be home working for such an accomplished public servant in Treasurer Ball,” Heavrin said. “I’m excited for this new opportunity.” Heavrin is a Western Kentucky University graduate with a degree in Advertising.
The appointments were made at the beginning of this year.
Secretary of State Alison Lundergan Grimes is beginning a tour of the state to hold conversations with Kentuckians about the state of the commonwealth’s civic health. The series of stops, which will be in every part of Kentucky, started Thursday at the University of Louisville.
“At the beginning of the year, my office released the second installment of Kentucky’s Civic Health Index, which revealed some alarming figures about the trust Kentuckians place in public institutions,” said Grimes. “We know that the more engaged people are, the more faith they are likely to have in important institutions such as media and government – and even in the people around them, like neighbors.”
The Index showed the commonwealth improved in national rankings in social connectedness, community engagement and voter registration since Grimes released the first report in 2012. But, it also showed that fewer than half of Kentuckians have confidence in media, a decline of more than 10 percent in three years, and fewer Kentuckians are trusting of their neighbors. Overall, Kentucky ranks 48th in the nation, ahead of only New Mexico (49th), Montana (50th) and Utah (51st), for public confidence in media.
Grimes has called on Kentucky’s elected officials – including legislators and constitutional officers – to help start down the road of restoring trust by signing a pledge to not share fake information and to call out inaccurate news and information to constituents. The Restore Trust in Kentucky pledge has already been signed by many officials, and Grimes is encouraging other Kentuckians to sign on at sos.ky.gov.
“Kentucky is at its best when everyone is engaged,” said Grimes. “This latest Index confirmed our work is not complete when it comes to improving the commonwealth’s civic health, and we are rededicating ourselves – with many partners – to formulating fresh strategies to help bridge participation and engagement gaps.”
The next stop on Grimes’ civic health tour is next week at Western Kentucky University, a partner in the release of the Civic Health Index. The roundtable discussion will be held Feb. 1, 3:30 p.m. CT, at the Faculty House.
The full Civic Health Index and related information is available at sos.ky.gov.
