Delaware
RISE salutes Rep. Paul Baumbach for bills on Medicare privatization for Delaware retirees
3-minute read
A special heartfelt thank you to state Rep. Paul Baumbach from all retirees and RISE members for HB 281 and HB 282. Just look at all those sponsors he has gotten onboard and more have signed on since he prefiled:
As far back as mid-August in 2022, when Councilwoman Lisa Diller and I decided to found RISE Delaware, we realized that it would take a massive, organized effort on everyone’s part to stop the state of Delaware from imposing its Medicare Advantage plan on its current and future retirees. Joined by Connie Merlet we decided to formally create and incorporate the entity “Retirees Investing in Social Equity” known as RISE Delaware.
We agreed that retirees must organize and force a change in the Carney administration’s plan to privatize Medicare. The state plan being proposed at that time would impede the health care access for over 28,000 state pensioners including state of Delaware retirees and retired Delaware teachers, as well as college and university faculty covered through the state of Delaware’s health benefits — including police and firefighters and other first responders. Please refer to my guest post of Aug. 18, 2022 in the Delaware State News for more details.
RISE Delaware organized its first rally on Oct. 4, 2022 at the Lewis Redding Building in Wilmington and despite a driving rainstorm more than 50 people showed up to protest the proposal to take away their promised benefits. We scheduled another rally on Oct. 12, 2022 in Dover at Legislative Hall and more than 150 people attended to support and vocalize their opposition to the Medicare privatization plan that the administration was threatening them with. RISE hosted numerous other rallies and engagement sessions with legislators. On June 13, 2023, we held a rally in Dover at Legislative Hall with well more than 150 people in attendance. The Delaware State News did an excellent job of covering these rallies and an important point was raised. As a RISE cofounder and rally organizer I was obligated to remind those in attendance not to rely on ongoing litigation for their benefits to be honored, instead insisting that retirees reach out to their elected officials to take legislative action. This is what I said:
“The battle is not going to be won solely by the courts. It’s going to be by laws changing towards taking action. So, as much as we need to fight in the courts to preserve, at least temporarily, our rights, that is not where the war is going to be won.”
During 2023, RISE Delaware held several other rallies against Medicare Advantage throughout the state. The rallies and social media efforts have helped the organization develop a network of retirees who have generously supported the legal efforts of RISE.
Despite the success of the lawsuit granting our organization a temporary stay of the Medicare Advantage mandate, we. At RISE, had always been aware that a permanent solution to stopping this privatization effort would have to come via legislators passing laws that would guarantee fairness and health care access for all current retirees and spouses and for future retirees.
More perspective: Enough is enough: Delaware retirees deserve health benefits they were promised
Now I’d like to recognize and thank a special legislator, Baumbach, who, as the vice chair of the Retiree Healthcare Benefits Advisory Subcommittee, also realized that a permanent solution would have to be made in law. Baumbach took legislation that state Rep. William Carson Jr. and I had worked on together and crafted into a more formidable and doable group of bills that would benefit all retirees current and future. These bills are HB 281 and HB 282. I cannot overestimate the debt of gratitude all of us retirees owe to Baumbach but be assured that now is the time for all RISE members, activists, and supporters to email, hard-mail and call their representatives and senators and tell them to support and vote for these two very important pieces of legislation.
John Kowalko is a retired state representative who represented the 25th district and is a cofounder of RISE.
Delaware
Snake-infested lakes and ponds in Delaware. What to know before you go
Slithery intruder makes appearance on beach
A huge snake was spotted making its way across the beach in Ocean City, Maryland. Luckily, the reptile was not venomous.
It could be one of your worst nightmares.
You’re enjoying a summer day in the water when you feel something brush past your leg. You turn, and there’s a snake.
While the chances of that scenario playing out are highly unlikely, there is a good chance the waters you enjoy playing in are also inhabited by snakes.
The danger level might not be as high as Florida’s, but it’s still something to be aware of when you go into the outdoors.
Here’s a look at the snake-infested lakes and ponds in Delaware, according to worldatlas.com.
Nanticoke River
The Nanticoke River runs 64 miles from southern Delaware to the Chesapeake Bay, winding through marshlands, forests, and farmland along the way. The habitat is perfect for the Northern watersnake. The snakes are nonvenomous, but they will defensively strike if you corner them or try to hold them.
The Brandywine
This is where you need to be very careful. The Eastern copperhead is a confirmed and documented presence, and a small group exists at Alapocas Run State Park along the water near Wilmington. The snakes won’t chase you, but if you step too close or don’t see them, they will strike. You should watch your step near log piles and rocky outcrops.
Millsboro Pond
Millsboro Pond is the home to perch, black crappie and frogs, which is the perfect food for snakes including northern water snakes, plain-bellied water snakes, queen snakes and common ribbon snakes.
The Eastern copperhead lives in southern Sussex County, which includes the pond. However, sightings are rare. It’s something to watch out for when you are at the pond.
Lums Pond
The pond, located in Lums Pond State Park, has numerous varieties of snakes. However, the inlets and small islands are perfect for northern water snakes to bask in the sun. The snakes thrive on fish and amphibians and benefit from the surrounding forest and wetlands.
One snake to watch for is the ringneck snake. It has a mild venom and its teeth have trouble puncturing human skin, but for those with venom allergies, you should treat it like any other venomous species.
Trap Pond
Trap Pond, located in Trap Pond State Park, is noted for its cypress swamp. The bald cypress trees and the tree’s root structure provide a great hiding place and basking spot for eastern garter snakes and northern water snakes.
Silver Lake
Located in Dover, Silver Lake is lined with trees and vegetation, making it a great place for snakes. The northern water snake is seen here, but eastern kingsnakes are also occasionally seen in the wooded areas of the lake.
Garrison Lake
Garrison Lake is a popular spot in Kent County for fishing and boating. The marshy areas and dense vegetation are perfect habitats for northern water snakes, eastern garter snakes and eastern rat snakes. The wetlands are attractive to snakes due to the abundance of prey and the availability of cover.
Red Mills Pond
Red Mills Pond, located near Lewes, has a rich biodiversity supporting numerous amphibians and small mammals, which attract snakes. Among the snakes you may see in and around the pond are the northern water snake, eastern ribbon snake and eastern ribbon snake.
Delaware
Delaware Online wins investigative reporting prize, 17 other awards
Del lawmakers discuss bill requiring teachers work with valid licenses
The bill is a response to revelations a school therapist fabricated his credentials before he was charged with sexual abuse of a child.
Delaware Online/The News Journal won the A-Mark Prize for Investigative Journalism for its reporting revealing hundreds of invalid teacher licenses in Delaware.
The work by reporters Kelly Powers and Esteban Parra led to lawmakers proposing a bill that would tighten licensing requirements for public school employees and penalize districts that retain unlicensed staff.
The judges cited the work for “meticulous and thorough reporting” and “a fair and balanced presentation of the situation.”
The A‑Mark prize honors excellence in watchdog and accountability reporting. It is backed by The A‑Mark Foundation, a nonpartisan nonprofit supporting investigative and unbiased social‑issue journalism, in partnership with the Maryland‑Delaware‑DC Press Association.
“The reporting from Kelly Powers and Esteban Parra reflects the very best of investigative journalism in Delaware – thorough, fair and impactful,’’ said Mike Feeley, executive editor of The News Journal and Delaware Online. “We are proud to see their work awarded with the inaugural A-Mark Prize in a highly competitive field.
“I congratulate all of Delaware Online’s award winners in this year’s MDDC Awards for their commitment to journalism that strengthens our communities,’’ Feeley said.
Delaware Online/The News Journal won a total of 18 awards May 8 at the MDDC Press Association’s annual conference.
The MDDC Awards recognizes news publications from Maryland, Delaware and the District of Columbia. For each category, a first- and second-place winner is chosen based on circulation divisions. A part of the largest-circulation division, Delaware Online/The News Journal competes against news sites like the Baltimore Sun, Baltimore Banner and Washington Post.
Here is the list of winners, with links to the stories that took home the prizes.
Best of Show
- News-Driven Art or Illustration: Luis Solano, “American’s deadliest habit”
First Place
Second Place
- Feature Story: Non-Profile: Xerxes Wilson, “Why this Delaware prison is making tattooing part of its educational programming”
- Sports Feature Story: Brandon Holveck, Martin Frank, “Eagles’ Saquon Barkley’s historic season built on selflessness, generational athleticism”
- Local Column: Critical Thinking: Xerxes Wilson, “Broken bones, brick walls and searching for accountability”
- Sports Photo (Feature): Benjamin Chambers, “Delaware wins 61-31 against UTEP in Conference USA regular season finale”
- Public Service Reporting: Krys’tal Griffin, “While these Delaware riders depend on Paratransit, the service still lags post-pandemic”
- Breaking News: The News Journal staff, “Delaware State trooper killed by shooter prevented other deaths, state officials say”
- News Page Design: Luis Solano, “American’s deadliest habit”
- Page 1 Design: Stephanie Lindholm, “Musical haven in Delaware”
- Continuing Reporting: Kelly Powers, Shane Brennan, “Your property taxes are changing. What Delaware homeowners should know about new laws”
- General Website Excellence, The News Journal
Delaware
Lawsuit says Delaware prisoners forced to ‘marinate’ in pepper spray
What to know about jury duty in Delaware
Here are some tips and information about what to do when you receive a jury summons in the mail in Delaware.
A lawsuit seeking to represent all people locked up by Delaware claims that prisoners are routinely left to “marinate” in a high-concentration pepper spray.
The lawsuit filed May 7 in Delaware Court of Chancery seeks an injunction barring correction officials from using the spray until leaders enforce rules the lawsuit says require staff to decontaminate prisoners after they are targeted.
In interviews, state prisoners have frequently described officers’ use of so-called OC spray, a more concentrated form of pepper spray only available to law enforcement, as cruel. Prisoners say the spray is deployed unnecessarily, recklessly, frequently and causes intense burning on the skin and through the respiratory system.
“Imagine taking a glass bottle, smashing it up and grinding it up and snorting that up your nose, then times that by 1,000,” said a former prisoner, William Davis, describing being sprayed during a previous interview about a similar use‑of‑force lawsuit involving Sussex Correctional Institution. “I felt it burn for days.”
Records obtained through a Freedom of Information Act request show OC spray — short for oleoresin capsicum — is used hundreds of times a year and is a frequent issue in Delaware prison lawsuits. The new ACLU lawsuit seeks class-action status on behalf of all Delaware prisoners and focuses on what happens after someone is sprayed.
The lawsuit claims officers routinely ignore training, policy and clear health risks by failing to properly flush and clean people after using OC spray. It argues the practice violates Delaware’s constitutional ban on “cruel” punishment.
Prisoners allege they were sprayed while handcuffed, naked or already subdued, including one who said officers sprayed him through his cell door while he was locked inside, and another who said he was forced during a strip search to touch his genitals and then his mouth after being sprayed.
In each of these episodes, the lawsuit states that prisoners were not properly decontaminated, some were left unattended, returned to a contaminated cell, left in clothes drenched in spray and some were not allowed to shower for a day or more after.
“Refusing to decontaminate prisoners is cruel because it subjects them to hours of needless suffering. Prolonged exposure is also potentially deadly,” the lawsuit states.
Delaware Department of Correction officials did not respond to requests for comment.
The allegations of the lawsuit are built partially on declarations from eight named plaintiffs in Delaware prisons. Additionally, it leans on video and deposition evidence from two other excessive force cases the ACLU is litigating on behalf of Delaware prisoners.
In those other cases, several officers have testified in depositions that they had not decontaminated individuals they sprayed and were unaware if others had, the new lawsuit states.
The lawsuit also cites Department of Correction training materials turned over in other lawsuits. Policy and training documents outline that OC spray is only to be used when no reasonable alternative is available, not as retaliation or punishment and in short bursts from a safe distance.
A training presentation describes the health risks of OC spray and says sprayed individuals should be moved to fresh air, assessed for medical conditions and repeatedly flushed and wiped to decontaminate them.
It notes that people who have been sprayed must be monitored. It underscores these instructions with a red skull and crossbones.
Other litigation: New lawsuit claims excessive force used by Delaware officers during September prison raids
In interviews, prisoners have reported that officers would “empty the can” in long bursts directed closely at their face. The named plaintiffs in the new lawsuit include asthmatic individuals who said they were denied their inhaler after being sprayed.
Besides pain, OC spray can cause difficulty breathing, gagging, heart distress and blindness. It can also induce a feeling of suffocation and helplessness, according to a department training presentation. Failure to decontaminate can cause blindness, respiratory failure and skin conditions, the lawsuit states.
If sprayed too close, the OC molecules can cause what’s known as “hydraulic needling of the eyes” where the spray causes lacerations, the complaint states, noting that multiple prisoners in other states have died after being sprayed.
The lawsuit also claims that officers deploy OC spray in numerous ways, which include a grenade, fogger, spray, muzzle blast rounds, as well as pepper balls fired from a weapon similar to a paintball gun.
One of the named plaintiffs was shot numerous times by a pepper ball gun, rupturing the globe of his right eye. A separate lawsuit filed on behalf of that prisoner was dismissed because he didn’t address written complaints about the episode through prescribed channels inside the prison.
Rather than seeking damages for federal constitutional violations, the lawsuit asks only for an injunction forcing changes to decontamination practices. And instead of following the typical federal-court path for prisoner-rights cases, it was filed in Delaware’s Court of Chancery — the state’s business court, where cases tend to move more quickly.
It names Department of Correction Commissioner Terra Taylor as its lone defendant, claiming that the department has knowingly failed to follow its own policy regarding the spray’s use.
It also cites a deposition given by Taylor in other litigation in which she states there is no specific process for decontaminating those targeted with OC, that she hasn’t taken any steps to require officers to do so, and that she doesn’t believe there is an obligation to do so.
Contact Xerxes Wilson at (302) 324-2787 or xwilson@delawareonline.com.
-
New York49 minutes agoMan Dies in Subway Attack; Mamdani Orders Inquiry Into Suspect’s Release From Bellevue
-
Detroit, MI1 hour agoPatchy dense fog turns to stronger thunderstorms for Metro Detroit to start the weekend
-
San Francisco, CA2 hours agoWhere to watch Pittsburgh Pirates vs San Francisco Giants: TV channel, start time, streaming for May 9
-
Dallas, TX2 hours agoFC Dallas vs Real Salt Lake Preview: Lineups, Storylines & What to Watch
-
Miami, FL2 hours agoMiami Area Gets First New Manufactured Home Community in Decades
-
Boston, MA2 hours ago
What we know about wrong-way driver killed in head-on collision with state trooper in Lynnfield – The Boston Globe
-
Denver, CO2 hours agoA Frontier plane hits a pedestrian during takeoff at Denver airport
-
Seattle, WA2 hours agoWhere to watch Seattle Mariners vs Chicago White Sox: TV channel, start time, streaming for May 9