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Showing posts with label SEXUAL HARASSMENT. Show all posts
Showing posts with label SEXUAL HARASSMENT. Show all posts

Tuesday, November 23, 2021

RSN: Andreas Malm | The Moral Case for Destroying Fossil Fuel Infrastructure

 


 

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A makeshift
Andreas Malm | The Moral Case for Destroying Fossil Fuel Infrastructure
Andreas Malm, Guardian UK
Malm writes: "The climate struggle has entered a new phase."

If someone has planted a time bomb in your home, you are entitled to dismantle it. The same applies to our planet

The climate struggle has entered a new phase. It is marked by a search for different tactics: something that cannot be so easily ignored, a mode of action that disrupts business-as-usual for real, some way to pull the emergency brake. This search has only just begun, but the signs are there.

In Berlin, half a dozen young climate activists calling themselves ‘The Last Generation’ recently went on a hunger strike, eventually refusing liquids and becoming quite frail before calling the action off. But there are other things than our own bodies that can be shut down. In conjunction with this summer’s Ende Gelände camp against fossil gas, a group calling itself ‘Fridays for sabotage’ claimed responsibility for rupturing a piece of gas infrastructure and urged the movement to embrace this tactic: ‘There are many places of destruction, but just as many places of possible resistance.’ This followed the development of a veritable archipelago of forest occupations in Germany, some of which have damaged equipment for coal extraction.

To stay in the global north, the long and bitter struggles of Indigenous peoples against never-ending new pipeline projects in Canada and the US have spawned some desperate militancy: trains carrying crude oil have been derailed by activists mimicking the signal of emergency brakes.

Fossil capital should take notice. New forms of resistance are coming.

Parts of the earth are becoming unliveable. Facts like that, however, are in no real need of repetition. By now everyone knows, at some level of their consciousness, what is at stake. And still our governments allow fossil fuel companies to expand their installations for taking oil and gas and coal out of the ground. They cannot even bring themselves to stop showering such companies with trillions of dollars of subsidies.

One doesn’t need to look at rogue denialists like Bolsonaro or Trump or, for that matter, the far-right government of Modi, which presides over a transition to ever-more fossil fuels: any well-mannered state will do.

Take France, whose president poses as the most enlightened climate diplomat. The largest private company headquartered in that nation, Total, will this year commence construction of the East Africa Crude Oil Pipeline, slated to be the longest in the world, cross 230 rivers, bisect 12 forest reserves and drive 100,000 people from their land: all to carry even more crude oil to the world-economy for burning. Macron backs the pipeline as an amazing opportunity to increase ‘French economic presence’ in the region.

Or take the US, where Biden is surpassing his predecessor in generosity to fossil fuel companies, showering them with drilling licenses at a pace not seen since George W Bush. Two dozen fossil fuel projects – new pipelines, new gas terminals – underway in that country would alone cause emissions equal to 404 coal-fired power-plants.

As for the UK government, it remains committed to ‘maximising economic recovery’ of oil and gas in the North Sea – pumping out as much of it as possible, that is. Germany expands its autobahn and coal mines. ExxonMobil barrels on with a high-risk off-shore drilling project in a very delicate marine ecosystem in Guyana. Between 2020 and 2022, Shell will have put 21 new major oil and gas projects online.

Overall, the production of fossil fuels needs to be brought down to zero as fast as humanely possible, but in the real world, producers are planning to increase extraction as if there is no tomorrow. One recent paper shows that the bulk of all known reserves must be left in the ground for there to be at least a slim chance of avoiding more than 1.5C degrees of warming; to be more exact, by 2050, some 90% of all the coal would have to remain untouched, 60% of the oil, 60% of the gas, 99% of the unconventional oil.

But these are, the researchers stress, likely to be underestimates, since the modelling is based on a 50% chance of meeting the 1.5C degrees target and does not include feedback mechanisms. If the chance is raised to 70 or 80% and the recursive loops of a climate system breakdown – notably forest fires – were accounted for, even more would have to stay underground: nearly all fossil fuels, starting about tomorrow. By its very nature, fossil capital cannot countenance such a limit. Compulsively, uninhibitedly, it instead digs around for more and more to extract and then some more.

For every day that passes, this conclusion receives further confirmation: the ruling classes of this world are constitutionally incapable of responding to the catastrophe in any other way than by expediting it. Unfortunately, COP26 did not produce any compelling reasons to revise that conclusion. Less than a week after the end of the summit, the Biden administration held the largest federal offshore drilling auction in US history.

There is little to suggest that any other government signing the Glasgow Pact will behave differently.

So what do we do?

We could destroy the machines that destroy this planet. If someone has planted a time bomb in your home, you are entitled to dismantle it. More to the point, if someone has placed an incendiary device inside the high-rise building where you live, and if the foundations are already on fire and people are dying in the cellars, then many would believe that you have an obligation to put the device out of action.

This is the moral case which, I would argue, justifies destroying fossil fuel property. That is completely separate from harming human bodies, for which there is no moral case.

And this particular moral case for direct action is, I believe, overwhelmingly strong, if the realities of the climate catastrophe are recognised. On that premise, how could the physical integrity of fossil fuel property possibly be given precedence? Boris Johnson recently made what might generously be interpreted as an attempt to do so, when he defended the Cambo oilfield, one in the endless series of fresh investments in fossil fuel infrastructure of the kind we just can’t live with: “we can’t just tear up contracts”, he said.

In this view, a contract with an entrepreneur for augmenting the device sending the flames ever higher must be honoured. It takes priority over any other concern. Just why it should have that sanctity, however, seems to me exceedingly difficult to tell.

In the meantime, we can observe that slowing down the climate catastrophe means, by definition, the destruction of fossil capital: there can be no more profiting from fossil fuels. And if governments are incapable of initiating this work, because they take their orders from the top floors, then others should do so. Not because activists can accomplish the abolition of fossil fuels – only states have that potential – but because their role is to ratchet up the pressure for it.

So could the climate movement in the global north achieve its goals by sending cadres or crowds to actually tear machines apart? An unassailable ethical imperative does not necessarily translate into efficacious action. We have received this lesson from the highways of the UK, where the main achievement of Insulate Britain has been rising fury from working-class people on the way to their jobs.

We are deep into the catastrophe; the hour is late, but the escalation has only just begun. We don’t know what exactly will work. The one thing we can be certain of is this: we are in a death spiral, we have to break out of it, and we must try something more. The days of gentle protest may be long over.


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Roger Stone and Alex Jones Subpoenaed by House Committee Investigating Jan 6 AttackRoger Stone, left, and Alex Jones hold a press conference before attending a House Judiciary Committee hearing. (photo: Bill Clark/CQ-Roll Call/Getty Images)


Roger Stone and Alex Jones Subpoenaed by House Committee Investigating Jan 6 Attack
Jacqueline Alemany and Tom Hamburger, The Washington Post
Excerpt: "The committee has asked Stone and Jones to provide testimony by Dec. 17 and Dec. 18, respectively, and to provide the panel with requested documents by Dec. 6."

The House select committee investigating the Jan. 6 attack on the Capitol issued subpoenas Monday to more people involved with the Stop the Steal rally, including conspiracy theorist and right-wing media figure Alex Jones and longtime Donald Trump ally Roger Stone.

The committee has asked Stone and Jones to provide testimony by Dec. 17 and Dec. 18, respectively, and to provide the panel with requested documents by Dec. 6.

Rep. Bennie G. Thompson (D-Miss.), the committee’s chairman, wrote that Jones’s coordination with Cindy Chafian and Caroline Wren in organizing the rally that preceded the attack on the Capitol, along with his promotion of Trump’s false claims of election fraud and urging of people to travel to Washington for the Jan. 6 rally, make him a person of interest.

Thompson cites Stone’s appearance at rallies on Jan. 5 at the Supreme Court and Freedom Plaza as reason for the subpoena, along with his use of “Oath Keepers as personal security guards, several of whom were reportedly involved in the attack on the Capitol and at least one of whom has been indicted.”

The roles that the high-profile right-wing figures played in the Jan. 6 Capitol breach — and their potential ties to those who committed violence in the riot — are also being investigated by the Justice Department and the FBI. The investigation is ongoing.

Investigators have been working to determine whether Stone and Jones, the host of Infowars, should face potential criminal charges for influencing Capitol rioters through their networks and actions.

In a statement, Stone said he had yet to receive the subpoena but denied any responsibility for the violence on Jan. 6.

“I have said time and time again that I had no advance knowledge of the events that took place at the Capitol on that day,” he said. “Any statement, claim, insinuation, or report alleging, or even implying, that I had any involvement in or knowledge, whether advance or contemporaneous, about the commission of any unlawful acts by any person or group in or around the U.S. Capitol or anywhere in Washington, D.C. on January 6, 2021, is categorically false.”

Stone, a longtime confidant of Trump, has amplified the former president’s false claims that the 2020 election was stolen and rife with voter fraud in the weeks leading up to the attack.

Records and documents previously reviewed by The Washington Post show that Jones and Stone have promoted extremist groups such as the Proud Boys and Oath Keepers and have ties to some individuals who have already been charged by the government with coordinating and planning certain parts of the breach.

Jones has spread numerous false claims about a variety of topics over the years, and courts have recently ruled he must pay damages in lawsuits filed by the families of eight people killed in the 2012 mass shooting at Sandy Hook Elementary School after he falsely said the deadly attack was a “hoax.”

Jones did not respond to a request for comment.

The committee has also subpoenaed conservative activists Dustin Stockton and Jennifer Lawrence — a couple with ties to some of the rally organizers who have already been subpoenaed by the committee. The committee letters cite Stockton and Lawrence’s work with Women for America First in organizing rallies held after the November 2020 election “in support of then-President Trump and his allegations of election fraud, up through and including the rally held on the Ellipse in Washington, D.C. on January 6, 2021.”

Stockton and Lawrence released a statement accusing the committee of not acting in good faith for subpoenaing them during the week of Thanksgiving.

“In the many months since January 6th we have granted many reporters and outlets extensive on-the-record interviews because we are committed to getting to the truth about what happened,” they wrote. “We remain committed to that transparency and pray for the opportunity to share our experiences to the public without the taint of misinformation that has become customary.”

Taylor Budowich, a current spokesperson for Trump, was also subpoenaed Monday and has been asked to produce documents and appear for a deposition Dec. 16. The committee cited Budowich efforts that included “directing to the 501(c) (4) organization approximately $200,000 from a source or sources that was not disclosed to the organization to pay for the advertising campaign” for the Jan. 6 rally. He did not respond to a request for comment.


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Becerra Defends HHS Rules Aimed at Reining In Surprise Medical BillsHealth and Human Services Secretary Xavier Becerra. (photo: Greg Nash/NYT)

Becerra Defends HHS Rules Aimed at Reining In Surprise Medical Bills
Michael McAuliff, NPR
McAuliff writes: "Overpriced doctors and other medical providers who can't charge a reasonable rate for their services could be put out of business when new rules against surprise medical bills take effect in January."

Overpriced doctors and other medical providers who can't charge a reasonable rate for their services could be put out of business when new rules against surprise medical bills take effect in January, and that's a good thing, Health and Human Services Secretary Xavier Becerra says in defending the regulations.

The proposed rules represent the Biden administration's plan to carry out the No Surprises Act, which Congress passed to spare patients from the shockingly high bills they get when one or more of their providers unexpectedly turn out to be outside their insurance plan's network.

The law — set to go into effect Jan. 1 — shields patients from those bills, requiring providers and insurers to work out how much the physicians or hospitals should be paid, first through negotiation and then, if they can't agree, arbitration.

Doctor groups and some medical associations, however, have lashed out at the interim final rules that HHS unveiled last month, saying they favor insurance companies in the arbitration phase. That's because although the rules tell arbiters to take many factors into account, they are instructed to start with a benchmark largely determined by insurers: the median rate negotiated for similar services among in-network providers.

The bottom line is protecting patients

The doctor groups say giving the insurers the upper hand will let them drive payment rates down and potentially force doctors out of networks or even out of business, reducing access to health care.

The department has heard those concerns, Becerra says, but the bottom line is protecting patients. Medical providers who have taken advantage of a complicated system to charge exorbitant rates will have to bear their share of the cost, he says, or close if they can't.

"I don't think when someone is overcharging that it's going to hurt the overcharger to now have to [accept] a fair price," Becerra says. "Those who are overcharging either have to tighten their belt and do it better, or they don't last in the business."

"It's not fair to say that we have to let someone gouge us in order for them to be in business," he adds.

Nonetheless, Becerra says he does not foresee a wave of closures, or diminished access for consumers. Instead, he suggests, a competitive, market-driven process will find a balance, especially when consumers know better what they are paying for.

"We're willing to pay a fair price," he says but emphasizes that "I'll pay for the best, but I don't want to have to pay for the best and then three times more on top of that and get blindsided by the bill."

The sticking point: How high bills are negotiated and arbitrated

Becerra also points to a report on surprise medical bills the HHS released Monday and that was provided to Kaiser Health News in advance, highlighting the impacts of negotiation and arbitration laws already in effect in 18 states.

The report, which aggregates previous research, found people getting hit with surprise bills averaging $1,219 for anesthesiologists, $2,633 for surgical assistants, $744 for childbirth and north of $24,000 for air ambulances.

In the states that use benchmarks similar to what doctors are suggesting HHS use instead of the agency's current proposal — such as New York and New Jersey — the report found costs rising. New York, for example, has a "baseball-style" system in which the arbiter chooses between the offers presented by the provider and the insurer, although the arbiter is told to consider the offer closest to the 80th percentile of charges. "Since the amount providers charge is typically much higher than the actual negotiated rate, this approach risks leading to significantly higher overall costs," the report finds. In New Jersey, billed charges or "usual and customary" rates are considered.

"When the arbitration process is wide open, no boundaries, at the end of the day health care costs go up, not down," Becerra says of the methods doctors prefer. "We want costs to go down. And so we want to set up a system that helps provide the guideposts to keep us efficient, transparent and cost-effective."

The system chosen by the Biden administration is expected to push insurance premiums down by 0.5% to 1%, the Congressional Budget Office estimates.

"Everyone has to give a little to get to a good place," Becerra says. "That sweet spot, I hope, is one where patients ... are extracted from that food fight. And if there continues to be a food fight, the arbitration process will help settle it in a way that is efficient, but it also will lead to lower costs."

While the administration chose a benchmark that physician and hospital groups don't like, the law does specify that other factors should be considered in setting the price for a medical procedure or service, such as a provider's experience, the market and the complexity of a case. Becerra said those factors help ensure arbitration is fair.

"What we simply did was set up a rule that says, 'Show the evidence,'" Becerra says. "It has to be relevant, material evidence. And let the best person win in that fight in arbitration."

The interim final rules were published Oct. 7, giving stakeholders 60 days to comment and seek changes. More than 150 members of Congress, many of them doctors, have asked HHS and other relevant federal agencies to reconsider before the law takes effect Jan. 1. These lawmakers charge that the administration is not adhering to the spirit of the compromises Congress made in passing the law.

Rules that are this far along tend to go into effect with little or no changes, but Becerra says his department is still listening. "If we think there's a need to make any changes, we are prepared to do so," the secretary says.

The HHS report also notes that the law requires extensive monthly and annual reporting to regulators and Congress, once it takes effect, to determine if the regulations are out of whack or have undesirable consequences like those the physicians are warning of.

Becerra says he thinks the rules strike the right balance, favoring not insurers or doctors, but the people who need medical care.

"We want it to be transparent, so we can lead to more competition and keep costs low. Not just for the payer, the insurer; not just for the provider, the hospital or doctor; but for the patients especially," he says.


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Deb Haaland Seeks Protection for Ancient Navajo SitesSecretary of the Interior Deb Haaland. (photo: Tom Williams/CQ-Roll Call/Getty Images)

Deb Haaland Seeks Protection for Ancient Navajo Sites
Susan Montoy Bryan, Associated Press
Bryan writes: "On Monday, U.S. Interior Secretary Deb Haaland joined pueblo leaders at [Chaco Culture National Historical Park] to reflect on her office's announcement last week that it would seek to withdraw federal land holdings within 10 miles (16 kilometers) of its boundary."

A few big rigs carried oilfield equipment on a winding road near Chaco Culture National Historical Park, cutting through desert badlands and sage. Mobile homes and traditional Navajo dwellings dotted the landscape, with a smattering of natural gas wells visible in the distance.

This swath of northwestern New Mexico has been at the center of a decades-long battle over oil and gas development.

On Monday, U.S. Interior Secretary Deb Haaland joined pueblo leaders at the park to reflect on her office's announcement last week that it would seek to withdraw federal land holdings within 10 miles (16 kilometers) of its boundary, making the area off-limits to oil and gas leasing for 20 years.

The action halts new leases in the area for the next two years while federal officials consider the proposed withdrawal.

“This celebration is decades in the making,” Haaland said. “Some would even say millennia in the making.”

While the Chaco area holds significance for many Indigenous people in the Southwest, the Navajo Nation oversees much of the land that makes up the jurisdictional checkerboard surrounding the national park. Some belongs to individual Navajos who were allotted land by the federal government generations ago.

Navajo leaders support preserving parts of the area but have said individual allottees stand to lose an important income source if the land is made off-limits to development. They're calling for a smaller buffer of federal land around the park as a compromise to protect Navajo financial interests.

The rough road to the park was lined with brightly colored signs Monday in support of the allottees, many noting the importance of oil and gas development to their livelihoods.

“Our land, our minerals. We support oil and gas," read one sign.

Another said Haaland hasn't met with allottees. Haaland told reporters later Interior officials have spoken with allottees.

Environmentalists, Democratic politicians and other tribes had been pressuring Haaland — the first Native American to lead a U.S. Cabinet agency — to protect a broad swath of land beyond the park.

A former Democratic congresswoman from New Mexico, Haaland sponsored legislation during her U.S. House term to curb oil and gas drilling. She has called the area sacred, saying it has deep meaning for those whose ancestors once called the high desert home.

“This is a living landscape,” Haaland said Monday. “You can feel it in the sun, the clouds and the wind. It’s not difficult to imagine centuries ago children running around the open space, people moving in and out of doorways, singing in their harvest or preparing food for seasons to come — a busy, thriving community.”

A World Heritage site, Chaco is thought to be the center of what was once a hub of Indigenous civilization. Within the park, walls of stacked stone jut up from the bottom of the canyon, some perfectly aligned with the seasonal movements of the sun and moon. Circular subterranean rooms called kivas are cut into the desert floor.

More discoveries are waiting to be made outside the park, archaeologists have said.

The fight over drilling beyond the park has spanned multiple presidential administrations. The Trump and Obama administrations also put on hold leases adjacent to the park through agency actions, but activists want the area permanently protected.

The Biden administration and Haaland's agency have vowed to consult with tribes over the next two years as the withdrawal proposal is considered, but top Navajo leaders already have suggested they're being ignored. Noticeably absent Monday were the highest elected leaders of the tribe's legislative and executive branches.

Navajo Nation Council Delegate Daniel Tso talked about the significant cultural ties that Navajos have to the area and cited concerns about increasing traffic, dust and other pollution that stems from oil and gas development. He called the recent executive orders a “giant step.”

“It creates a process where we have to continue to stand up for the land, stand up for the air, stand up for the water, stand up for the sacred,” he said.

Other tribal lawmakers and allottees have called for congressional field hearings to be held before any decisions are made.

“The Interior Department unilaterally made this withdrawal proposal without proper tribal consultation, now directly affecting our families on the Navajo Nation. The (Bureau of Land Management) now wants to initiate formal tribal consultation after the fact,” Navajo Council Delegate Mark Freeland said last week following Haaland's announcement.

Navajo Council Speaker Seth Damon also has said the Biden administration needs to respect tribal sovereignty and the government-to-government relationship it has with the tribe.

Federal officials said the ban on new petroleum leasing in the area will not affect existing leases or rights and would not apply to minerals owned by private, state or tribal entities. The Navajo allottees have argued it wouldn't be economical for companies to continue development just on their land.

Navajo officials also noted that Congress commissioned a cultural resource investigation of the area to be performed by experts. That work is ongoing, and they suggested the Biden administration wait until those results are compiled before initiating the 20-year withdrawal.

Haaland encouraged people to help inform land management going forward. She said she couldn't help but think of her grandmother's home in Mesita Village, in Laguna Pueblo, when she looked at how carefully the stones were set at Chaco to build the walls that enveloped its residents and visitors with great care and love.

“The responsibility we all have to our future generations is to take care of our American heritage and to model our care of the earth after the people who once lived among these beautiful structures,” she said.


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Damning State Report: 'Overwhelming Evidence' Cuomo Was Sexual HarasserAndrew Cuomo. (photo: Spencer Platt/Getty Images)

Damning State Report: 'Overwhelming Evidence' Cuomo Was Sexual Harasser
Kana Ruhalter, The Daily Beast
Ruhalter writes: "The New York State Assembly Judiciary Committee released the findings of a highly anticipated investigation into disgraced former Gov. Andrew Cuomo."

The New York State Assembly Judiciary Committee released the findings of a highly anticipated investigation into disgraced former Gov. Andrew Cuomo, concluding there is “overwhelming evidence that the former Governor engaged in sexual harassment.” The repot details a state trooper’s allegations against Cuomo, as well as Brittany Commisso’s account of sexual harassment. The report also highlights how the staff’s work on Cuomo’s controversial pandemic book, American Crisis, was conducted during work hours and not voluntarily as the governor had claimed. Cuomo personally pocketed at least $5.2 million from the book. The report also addresses the Cuomo administration’s lack of transparency regarding the COVID-19 crisis and how many people in nursing homes died as a result of the pandemic.

“This has been a profoundly sad chapter in New York’s history,” said New York State Assembly Speaker Carl Heastie, adding that they will “continue to cooperate with all relevant investigative bodies to provide them with the evidence we have uncovered.” Chairman Charles Lavine thanked members of the investigative committee and deemed Cuomo’s conduct “extremely disturbing and indicative of someone who is not fit for office.” He encouraged implementing a more “ethical and responsible” government, saying, “New Yorkers deserve no less.”


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Ecuador: Court Convenes Historic Hearing in Indigenous Territory on Land Consent IssueWaorani women are seen lining up with some 300 other visitors, forming a corridor to welcome the Constitutional Court judges the morning of the hearing on November 15, 2021. (photo: Kimberley Brown/Mongabay)

Ecuador: Court Convenes Historic Hearing in Indigenous Territory on Land Consent Issue
Kimberley Brown, Mongabay
Brown writes: "Early on the morning of Nov. 15, five Constitutional Court judges arrived by canoe to the Indigenous Cofan community of Sinangoe in Ecuador's northern Amazon rainforest."

Early on the morning of Nov. 15, five Constitutional Court judges arrived by canoe to the Indigenous Cofan community of Sinangoe in Ecuador’s northern Amazon rainforest, wearing rubber boots and loose clothing to weather the intense jungle heat. This visit marked the first time in the country’s history that judges from the highest court have held a hearing in Indigenous territory, in an attempt to make the judicial system more accessible for those who normally can’t travel to courtrooms in the cities.

“I’m very excited because this is something historic, I have never heard of [judges] going to a hearing in a community,” Alexandra Narvaez, a resident of Sinangoe and president of the women’s association Shamecco, told Mongabay before the hearing began.

In previous hearings and other procedures in the city, “Only 10 people go, the whole community cannot go. So this hearing, we are all going to talk,” she said. “Our opinion is important.”

The hearing itself was part of the court’s process to review Ecuador’s free, prior and informed consultation process, or FPIC, using as a basis of analysis Sinangoe’s 2018 lawsuit, when the community sued the government for selling mining concessions on their territory without consulting with the community first, and won.

According to Ecuador’s constitution, Indigenous and tribal communities have a right to the process of FPIC before any extraction or infrastructure activity is planned on or near their land. In looking at Sinangoe’s case, the Constitutional Court will assess whether the consultation process, as it works today, adheres to these rights. If the court decides that it doesn’t, it could set new standards for consultation, which could grant Indigenous communities greater autonomy over their own land.

“This isn’t only good for us, but also for other communities and can guide them to defend their territory, to defend the decision they take,” said Nixon Andy, former coordinator of the Cofan guardia, or self-defense group, adding, “if Indigenous communities say ‘no mining’ it means no mining.”

More than 300 Indigenous leaders traveled to Sinangoe to show support for the hearing and consultation review process, and quickly filled the normally calm and quiet community. People traveled from all over the Amazon, and other areas in the country where territorial conflicts are prevalent with mining, oil and other infrastructure projects.

Oswaldo Nenquimo, Indigenous Waorani leader from the province of Pastaza, says their group traveled two days to attend the hearing: one day by canoe to reach the jungle city of Puyo farther south, and another day by bus. The Waorani community won their own historic lawsuit against the government in 2019 over a consultation process to sell their territory for oil exploitation, which the community said was fraudulent, and judges agreed.

“We have come almost two days to be part of this, to present our strength and wisdom and to support this process of struggle of Sinangoe, and to link our thoughts in this hearing,” Nenquimo told Mongabay. The Constitutional Court has also selected the Waorani case as part of its review, but has not yet set a date for the hearing.

For the community and their visitors, the day began at 4 a.m., not with coffee, but rather with a traditional Cofan drink called yoko, derived from the bark of a special vine with the same name found only in the Amazon. Mixed with water, it provides a burst of energy. This is part of the daily routine of the Cofan guardia.

When the five judges arrived at around 9 a.m., they were greeted by the community with a traditional Kichwa fire ceremony and a cleansing by a Cofan taita, or spiritual healer, to clear away bad energies.

The hearing lasted nearly four hours, during which the six of the nine Constitutional Court judges (five of whom were present, and a sixth who appeared via Zoom) heard testimony from 10 people from the Cofan community, as well as the other ministries involved in the original lawsuit. The Ministry of Energy and Nonrenewable Natural Resources were the only ones with representatives also present in the community, while the Ministry of Environment, Water and Ecological Transition, the Ministry of Energy and Non-Renewable Natural Resources and the Attorney-General’s Office also tuned in via Zoom.

Judges then heard testimony from other communities about their own territorial conflicts, stemming, they say, from a failed FPIC process.

Representatives from the Ministry of Energy and Nonrenewable Natural Resources refused to comment directly to Mongabay on the process. But during the hearing, one of their attorneys, Eduardo AndrĂ©s Chang Dávila, told judges that the Constitutional Court must also protect the rights of the state to manage its strategic sectors, such as oil and mining, which is also outlined in the constitution, calling such sectors a “fundamental pillar of the development of the country.”

Both oil and mining combined account for more than 8% of Ecuador’s GDP. Earlier this year, President Guillermo Lasso called for the rapid expansion of both sectors (as Decree 95 and 151), to address the country’s economic woes that have seen unemployment and poverty rise during the pandemic.

Lina Maria Espinosa, senior attorney with Amazon Frontlines, the environmental NGO that has been supporting the Sinangoe community with their legal process, said expediting these industries “obviously generates pressure on Indigenous territories.”

She called the current hearing with the Constitutional Court a “historic opportunity” for the court to listen to communities and adequately interpret their rights.

“The challenge for the court is to make that qualitative leap from consultation to consent,” she told Mongabay, calling the current FPIC process an empty formality. “The only way to protect and guarantee the life of the peoples and their territories is through consent.”

The Constitutional Court will now review the evidence, but it is unclear when a ruling can be expected.

This article was originally published on Mongabay.


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RCMP Arrests Dozens of Land Defenders, and 2 Journalists, at Wet'suwet'en StandoffA Wet'suwet'en land defender under arrest. (photo: Jesse Winter)


RCMP Arrests Dozens of Land Defenders, and 2 Journalists, at Wet'suwet'en Standoff
Anya Zoledziowski, VICE
Zoledziowski writes: "According to reports, RCMP descended on a resistance camp on Friday as part of its multi-day raid."

It’s the third year in a row police have enforced injunctions in the area using militarized force.

Canada’s federal police have arrested about 30 people, including Indigenous elders and land defenders and two journalists, during multiple raids on Wet’suwet’en territory in northeastern British Columbia, where a dispute against a natural gas pipeline has been raging for years.

According to reports, RCMP descended on a resistance camp on Friday as part of its multi-day raid. The camp, erected on Sept. 25, had stalled Coastal GasLink’s efforts to drill a tunnel for their $6.6 billion pipeline under the sacred Wedzin Kwa river. Two freelance journalists, Amber Bracken and Michael Toledano, were arrested on site. Bracken was on assignment for the Narwhal, an online environmental magazine, and Toledano is a documentary filmmaker who has been on site for years. The journalists are still being detained and are awaiting a bail hearing in Prince George.

“RCMP has gone outside the law in its efforts to prevent the press from covering events taking place in the public interest. It is an absolute disgrace,” the Canadian Association of Journalists said in a statement Saturday.

Last Sunday, pipeline resistance leaders with the Wet’suwet’en Gidimt’en Clan evoked an eviction order, first issued by hereditary chiefs in 2020, to Coastal GasLink workers, giving them eight hours to “peacefully” leave the territory.

“Wetlands have been destroyed. Our animals have been sick. We need to protect what is left for all the future generations,” said Sleydo’, also known as Molly Wickham, a spokesperson with Gidimt’en.

After the deadline passed, they seized a Coastal GasLink excavator and dug up a road—the only route that gave access to several work sites and camps housing about 500 people, the Narwhal reported.

Four days later, police moved in and enforced a B.C. Supreme Court injunction order, which protects the pipeline’s development. According to the Narwhal and APTN, police used canine units and were armed with snipers and assault rifles. Sleydo’ was among those arrested out of about 30 Indigenous land defenders and leaders.

Wet'suwet'en elected officials have approved the pipeline project, but hereditary chiefs, viewed by many as the rightful leaders, haven’t. In early 2020, their supporters blocked critical infrastructure across Canada in a national display of solidarity.

According to Sleydo’, Wet’suwet’en hereditary chiefs have never ceded, surrendered, or lost title to their territory in war. “That means that what they say goes,” Sleydo’ said.

Many, including Gidimt’en Clan, say Wet’suwet’en hereditary chiefs have a constitutional right—affirmed by the Supreme Court of Canada’s 1997 Delgamuukw decision—to reject energy projects on their territory.

The decision affirmed Wet’suwet’en land title rights, but also said they are “not absolute.”

It’s the third year in a row police have enforced injunctions in the area using militarized force.

Police told the media they read out the injunction order and issued several warnings before forcibly making arrests. They said they also have had to clear felled trees and equipment from roadways to make them passable for construction workers.

Wet’suwet’en hereditary chiefs issued a joint statement last week condemning the police actions.

“RCMP should be assisting flood victims and communities, not out invading our Territory and arresting our peaceful people and supporters,” they said.

The raids occurred as the province grappled with a catastrophic storm that flooded several communities, destroyed highways, and killed at least four people.

Supporters of Wet’suwet’en hereditary chiefs mobilized across Canada over the weekend.Editorial Guide

Last year, a reporter for VICE World News was detained while reporting on the RCMP raids.


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RSN: FOCUS: ESPN | Racism and Misogyny Alleged Against NBA Owner Robert Sarver

 


 

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One current business operations employee told ESPN: 'If the commissioner comes in and investigates to see what the f--- is going on in Phoenix, [he] would be appalled.' (photo: Mark J. Rebilas/USA TODAY)
FOCUS: ESPN | Racism and Misogyny Alleged Against NBA Owner Robert Sarver
Baxter Holmes, ESPN
Holmes writes: "There were warning signs from the beginning."

ON THE EVENING of Oct. 30, 2016, at Talking Stick Resort Arena in downtown Phoenix, Earl Watson, in just his third game as the Suns' head coach, faced a tall task: beat the powerhouse Golden State Warriors.

The young Phoenix Suns team had been toiling at the bottom of the NBA's standings for years, missing the playoffs for six straight seasons while churning through head coaches. Watson was the fourth in as many years. Still, the Suns were playing the eventual NBA champions close, even leading by 13 in the first half. But it didn't last. The Warriors took control in the fourth quarter and cemented a 106-100 win, dropping the Suns to 0-3.

After the loss, Suns majority owner Robert Sarver entered the coaches locker room, Watson told ESPN.

"You know, why does Draymond Green get to run up the court and say [N-word]," Sarver, who is white, allegedly said, repeating the N-word several times in a row.

"You can't say that," Watson, who is Black and Hispanic, told Sarver.

"Why?" Sarver replied. "Draymond Green says [N-word]."

"You can't f---ing say that," Watson said again.

The anecdote offers a glimpse into conduct that, sources told ESPN, Sarver has often exhibited since buying the Suns in 2004. Interviews with more than 70 former and current Suns employees throughout Sarver's 17-year tenure describe a toxic and sometimes hostile workplace under Sarver. Some told ESPN that he has used racially insensitive language repeatedly in the office. Employees recounted conduct they felt was inappropriate and misogynistic, including Sarver once passing around a picture of his wife in a bikini to employees and speaking about times his wife performed oral sex on him. Some said the longtime owner fostered an environment in which employees felt they were his property, even once asking one woman whether he "owned" her to determine whether she worked for the Suns.

"The level of misogyny and racism is beyond the pale," one Suns co-owner said about Sarver. "It's embarrassing as an owner."

Said a former Suns basketball executive: "There's literally nothing you could tell me about him from a misogynistic or race standpoint that would surprise me."

Through his legal team, Sarver denied using racially insensitive language. "I've never called anyone or any group of people the N-word, or referred to anyone or any group of people by the N-word, either verbally or in writing. I don't use that word. It is abhorrent and ugly and denigrating and against everything I believe in."

Sarver did acknowledge using the word once many years ago. "On one occasion a player used the N-word to describe the importance of having each others' back," Sarver said through his attorneys. "I responded by saying, 'I wouldn't say n---a, I would say that we're in the foxhole together.' An assistant coach approached me a short time after and told me that I shouldn't say the word, even if I were quoting someone else. I immediately apologized and haven't said it ever again. The N-word has never been a part of my vocabulary."

In the case of the Oct. 30, 2016, game versus the Warriors, Sarver and his lawyers wrote that Sarver did not have that conversation with Watson but had one with a Suns player who had received a technical foul for what they said was using the N-word during the game. Sarver said he encouraged the player to appeal the technical foul because Green had used the word in the game -- the technical foul was later rescinded by the league.

Sarver denied Watson's characterization of the incident: "This is absolutely untrue. I remember the game and topic clearly. I of course never used the word myself. During this conversation, I said 'N-word' without saying the full word. The word itself never crossed my lips.

"Let me be crystal clear: I never once suggested on that night (or ever) that I should be able to say the N-word because a player or a Black person uses it."

The player, through his agent, told ESPN that he thinks using the N-word might have contributed to the technical foul but does not recall speaking to Sarver that night. Watson told ESPN there was no player in the room when Sarver made the comment.

Multiple current and former employees also told ESPN about conduct by other members of the Suns leadership team that they felt contributed to a toxic and sometimes hostile work environment. While none said Sarver was involved in those incidents, many felt that Sarver's own conduct contributed to a culture that affected how some other managers within the organization treated their employees.

ESPN has asked Sarver on multiple occasions to be interviewed about his tenure in Phoenix. ESPN also sent Sarver and the Suns organization written questions. The outreaches spawned a flurry of activity. Some of it was public: On Oct. 22, Sarver and the Suns sent three statements to ESPN, and tweeted versions of them, denying any improper behavior. Sarver also hired a law firm, which ultimately sent four letters to ESPN's legal department.

In addition to Sarver, ESPN reached out to other Suns employees, including general manager James Jones, who issued a one-sentence statement: "None of what's been said describes the Robert Sarver I know, respect and like -- it just doesn't."

Jason Rowley, president and CEO of the Suns, defended Sarver: "This story is completely outrageous and false. It doesn't represent -- at all -- the Robert Sarver I've worked alongside of for 15 years. He's not a racist and he's not a sexist."

NBA spokesperson Mike Bass said the league has not "received a complaint of misconduct at the Suns organization through any of our processes, including our confidential workplace misconduct hotline or other correspondence."

NBPA executive director Michele Roberts said she was not aware of any reports from players of misconduct by Sarver or the Suns. "Apart from [point guard Chris Paul] and James Jones, we have not had much official contact with the team and none that I can think of with Sarver."

Current and former Suns employees told ESPN that Sarver is known to say he is "brutal to work for," a line he has repeated over the years, even in job interviews. Sarver has told executives they were "paid a lot of money to put up with my s---."

"If the commissioner comes in and investigates to see what the f--- is going on in Phoenix," one current business operations employee told ESPN, "[he] would be appalled."

THERE WERE WARNING signs from the beginning.

The Suns were coming off a 29-53 season in 2004, and an early major decision for Sarver centered on signing the team's top free agent that summer, Steve Nash.

A recruiting pitch was set for the start of free agency. Among Sarver and others, attendees included Nash's agent Bill Duffy and 2003 Rookie of the Year Amar'e Stoudemire, both of whom are Black. Three people in the room told ESPN that, during the meeting, Sarver made a comment they felt was racially insensitive; they could not recall specifics but said they felt he too loosely used the term "Black guy" during the conversation.

Ultimately, the Suns got their target, but "we signed Steve Nash despite Robert," said a basketball executive who was there.

Sarver's lawyers told ESPN the anecdote was too vague and happened too long ago to address specifically, but they did note that nothing racially inappropriate was said and that 73% of NBA players in 2004 were Black. "Thus, those conversations certainly would have referenced Black men." Sarver, they said, was "integral" to signing Nash.

It was one of the first instances in which Sarver's conduct raised questions among employees.

At least a half-dozen Suns staffers recounted to ESPN instances of Sarver hearing a story from a Black player and then using the same language when retelling it, down to the usage of the N-word.

"You're like, 'Whoa! Robert, you can't do that,'" said one former basketball executive. Another former Suns head coach said such instances were commonplace. A Black basketball operations staffer told ESPN he has heard Sarver say the N-word multiple times.

Sarver once used the N-word when trying to explain to a staffer why he preferred hiring Lindsey Hunter over Dan Majerle as head coach in 2013, according to a high-level executive who heard the remark. Hunter was a first-year Suns player development coordinator while Majerle was in his fifth year as a Suns associate head coach.

"These [N-words] need a [N-word]," Sarver told the staffer of his largely Black team, according to the executive.

Sarver again cited race as the reason the team needed to hire Watson as head coach in 2016, a former Suns basketball executive said: A young Black coach could better relate to Black players, Sarver reasoned, and could "speak their language."

Through legal representation, Sarver denied the allegation about Hunter, saying he never used the N-word and "never used words to that effect," and said race was never discussed during Watson's hiring process.

Before the 2017-18 season, a tense front-office situation provided another glimpse into interactions with Sarver employees felt were racially insensitive. Late in the previous season, point guard Eric Bledsoe had been benched in a tanking effort led by Sarver, former basketball operations staffers said. Issues with the benching percolated into the offseason, when Bledsoe was eligible for a contract extension.

Contract talks eventually led Bledsoe's Klutch Sports agent, Rich Paul, to communicate directly with Sarver -- the Suns owner didn't want to extend Bledsoe's contract in part due to concerns about Bledsoe's durability, plus concerns that the team had performed poorly with him as the starting point guard, according to sources at the time. Paul responded to Sarver's remarks by saying that he knew basketball and that they "weren't talking about tennis," Sarver's childhood sport.

Sarver erupted at the dig, according to two people with knowledge of the interaction, telling Paul he was going to fire Watson as the team's head coach if Watson didn't sever ties with Klutch, which had been representing Watson, within 10 days - just after the start of the season.

Watson said that Sarver's ultimatum quickly reached him. He asked Sarver if he was serious.

"Yeah, I will f---ing fire you," Sarver told Watson. "You have 10 days to think about it. Don't wait too long."

Watson said he explained to Sarver the optics of a white owner asking a Black coach to fire an agency led by a Black agent, Paul.

"Yeah, I understand what race you two are," Sarver replied, according to Watson. "So I'm asking you, How bad do you want your job?"

Watson said he told Sarver that he wasn't going to fire Klutch.

"You can do whatever you want," Watson said he told Sarver. "You own this team, but my culture is not for sale. And I'm not for sale."

Through legal representation, Sarver said his issue with Klutch was solely due to a conflict of interest -- that a coach and a player could not be represented by the same agent. Sarver denied that the conversation had anything to do with race.

Watson, when told of Sarver's response, said: "Rich [Paul] was never my agent." Watson was represented by Klutch Sports, which is owned by Paul.

"Guess who did my contract when I got hired to be a head coach [with the Suns]? Klutch," Watson said. "If Klutch did my contract, wouldn't [the Suns] have just told me, 'We can't sign you because it's a conflict of interest?' They did my interim contract, and they did my other contract. They did two contracts for me."

The Suns lost their first three games of the season by a combined 92 points. Watson's final game as head coach was a 130-88 loss to the Clippers; Sarver fired him the next day.

"It's almost like an ownership thing," Watson told ESPN. "He wants people to call him and beg him."

In Watson's first year leading the bench in Phoenix, Sarver asked about the state of the organization and where Watson thought it could improve. Watson told Sarver that it suffered from a lack of diversity.

"I don't like diversity," Sarver replied, according to Watson and a basketball operations staffer with knowledge of the interaction.

Sarver said to Watson that having a diverse staff made it hard for people to agree. A lack of diversity among the organization's highest ranks was an issue that a number of employees voiced to their superiors, including to Sarver, multiple employees said. "Everybody knows that our diversity here is s---," one current business employee said.

Through legal representation, the Suns said the organization "has a long history of prioritizing racial diversity since Mr. Sarver purchased an ownership interest in the team." The Suns also said that in 2020 they emphasized increasing diversity among the team's business leadership. The Suns said they have filled executive-level and VP-level positions across the organization with people from under-represented backgrounds, adding that the "Suns and Mercury employ Black people at more than three times the rate of their demographic representation in Maricopa County." They also pointed out that "six of their last 10 head coaches were Black, including the current head coach Monty Williams, and GM James Jones. These men were hired because they were the best applicants to fill their respective positions."

Watson said one of his final interactions with Sarver was explaining how Watson believed the owner's outbursts negatively affected every aspect of the franchise, from the players' performance on the court to the coaches' ability to do their jobs on the bench to the front office's ability to make sound basketball decisions to the way the Suns were officiated.

During Sarver's tenure, the Suns have cycled through nine head coaches -- including seven in an eight-year span -- and eight general managers.

"I said, 'The only common denominator is you,'" Watson recalled. "'This cemetery runs deep of coaches, GMs, players. You're the only common thread. It's you.'"

Watson said he told Sarver that he was toxic and that the Suns were toxic because of him.

Sarver screamed back.

"You're f---ing toxic!"

Through his legal representation, Sarver said: "One of the reasons we parted ways with Mr. Watson was because of the toxic work environment under his leadership during his tenure as head coach. There was an incredible amount of conflict on the team between Mr. Watson and the front office.

"I don't specifically remember using the quote referenced ... but during the conversation I did use colorful language, and did refer to Mr. Watson as toxic."

Said general manager Jones, through Sarver's attorneys: "On multiple occasions, I observed Earl engage in behavior and use language that was extremely unprofessional and offensive. That does not align with who we are."

EARLY IN HIS tenure as owner, Sarver once tried to impress upon employees how big of a Suns fan he was and how excited he was to lead the organization. After all, he had been attending games since he was 8 years old.

In one meeting, to drive home his point, Sarver passed around a picture of his wife in a Suns bikini, multiple former longtime employees told ESPN.

One former executive who was in the meeting said, "We're passing it around like a hot potato. Like, what in the hell are we supposed to do with this? That was just, you know, one early glimpse at the man."

Sarver responded through his legal team: "This is a perfect example of how things get twisted," he said. "In the first year of my ownership, a local apparel retailer had recently been awarded the license to sell official NBA branded swimwear. The retailer sent my wife and me a sample along with a brochure, and I took a picture of her in the sample. I took the brochure and picture of her and gave it to the people at the Suns in charge of overseeing merchandise with the message: 'Here's the catalog, this is what the swimsuit looks like, and if you have any interest in carrying this line in the team shop, then here's the number to call.'"

More than a dozen employees recalled Sarver making lewd comments in all-staff meetings, including discussing times when his wife would perform oral sex on him. Four former employees said that in several all-staff meetings Sarver claimed he needed to wear Magnum or extra-large condoms. Former employees said he asked players about their sex lives and the sexual prowess of their significant others.

"Women have very little value," one female former staffer said she felt. "Women are possessions. And I think we're nowhere close to where he thinks men are."

Through his legal team, Sarver denied talking about his sex life with employees and said he had "absolutely not" talked about condoms.

Before the 2008-09 season, a pregnant Suns employee who was helping coordinate the 2009 NBA All-Star Game in Phoenix was told by Sarver that she wouldn't be able to continue in that role, two employees with knowledge of his remarks said. The two employees said Sarver explained that the woman would be breastfeeding and would need to be home with her newborn.

"It was so out of line and so inappropriate," one of the employees familiar with the remark said.

Some employees believed that such a move would have violated discrimination and employment laws, and the two employees said other members of Suns management quickly rebuked Sarver and told the female employee she would remain in her role.

Sarver, through his legal team, denied ever saying such a thing: "In the context of potential accommodations, I told her, in no uncertain terms, that the Suns were 100% behind her, and that we were prepared to provide support for her, whatever that meant. I remember discussing potential temporary adjustments to her schedule and the best way to tackle the All-Star weekend with these considerations in mind. She worked during the All-Star game."

"If the commissioner comes in and investigates to see what the f--- is going on in Phoenix, [he] would be appalled." One current Suns business operations employee

In March 2011, Sarver berated that same female former employee over a tribute video to honor then-Suns executive Rick Welts, according to two employees with knowledge of the interaction. Sarver's issue was that he wasn't featured more prominently in the video and that, instead, it featured more of former Suns owner Jerry Colangelo, who hired Welts. At one point, the woman broke down in tears, to which Sarver said, "Why do all you women around here cry so much?"

Sarver, through his attorneys, said that the incident did not happen and that he doesn't "remember a single instance that an employee ever cried in front of me." As for the video, he said he "certainly would not have objected to including Mr. Colangelo in a tribute video."

Soon after the incident, multiple female former Suns employees said Sarver asked some of them to have lunch with women who worked at a bank he oversaw as CEO. The perception among some female employees was that he believed some women with the Suns weren't as tough as the women who worked at the bank.

"So humiliating," one female former employee said she felt about the arranged lunch.

Sarver, through his attorneys, said, "Networking relationships between the Suns and the bank have been encouraged for men and women. I think it's really productive for everyone when there's collaboration among stakeholders and the opportunity to share best practices with folks that you wouldn't necessarily talk to in the normal course of business."

A female former marketing employee said Sarver would frequently use language such as, "Do I own you? Are you one of mine?"

"He makes you feel like you belong to him," the employee said.

Several employees recalled separate instances in which Sarver referred to staffers and players as "inventory."

Sarver, through his legal team, denied using such language.

Said one former executive, "[His mentality is], 'If you don't like it, there's the door, you can get the f--- out of here."

DURING THE 2009-10 season, Sarver entered the Suns' training room and saw reserve forward Taylor Griffin, older brother of NBA forward Blake Griffin, lifting weights. He noticed that the 6-foot-7, nearly 240-pound Griffin, who had been a serious weightlifter dating back to high school, didn't have hair on his legs.

Sarver, according to two people who witnessed the interaction, asked Griffin whether he shaved his legs. Griffin said he did. Sarver then asked, "Do you shave your balls, too?" One basketball operations staffer said Sarver separately asked the question of others in the organization several years later.

Sarver, through his legal team, said: "I don't remember using those exact words, but I did make a joking reference to men's grooming habits with Taylor Griffin once in the locker room. I remember that Taylor laughed at my comment."

When reached for comment, Griffin told ESPN, "At the time, I took it as a joke. Looking back on it in the context of today, for a leader of a company or the owner of a team to say such a thing is inappropriate."

Multiple employees told ESPN about demeaning sexual comments and conduct by Sarver that made them feel uncomfortable, even as attempted humor.

During the 2012-13 season, two former longtime staffers said, Sarver addressed players before they headed to Los Angeles for a game. The team had performed poorly there, and there were rumblings that players were enjoying the nightlife to the point that it was hindering their play. Sarver, addressing the players, offered to fly women to Los Angeles -- the implication was clearly sexual -- if players promised to be in bed at a reasonable hour before the next day's game. The gesture wasn't taken seriously, a former staffer who was in attendance said, but standing within earshot was a female staffer who was mortified.

"He was goofing around," one staffer who was present said. "But little did he know, standing out in the hallway is one of our women staff members who cares for the family [of players and coaches]."

When the Suns were recruiting free agent LaMarcus Aldridge in the summer of 2015, the team knew that Aldridge had young children in Texas and that playing near them was appealing. During the recruitment, Sarver remarked to two basketball operations staffers that the Suns needed to have local strippers impregnated by NBA players so those players would have children in the Phoenix area and feel obliged to be closer to them, giving the Suns a potential edge in free agency, the now-former staffers said.

"A lot of the stuff he says is to get a big reaction. And who's going to tell him that he can't?" said one of the former staffers. "He speaks in threats. He likes that awkwardness. He likes people to know that he's in charge. He wants control. He wants control of every situation and every person."

Sarver, in a letter from his legal team, denied making either remark.

"The answer is a categorical, no. I never said anything like that. Period. Aldridge was debating whether to play for us or San Antonio. I learned that part of his decision to go to San Antonio was because he had family connections there. We were sorry to miss the opportunity to sign LaMarcus, and I lamented that fact."

Former Suns account executive David Bodzin said that in August 2014, Sarver pantsed him in front of more than 60 employees at the team's ALS Ice Bucket Challenge. A former senior basketball staffer and a former senior marketing employee confirmed this account to ESPN. In the aftermath, Bodzin said, an HR representative smirked and said, "Please don't sue us for sexual harassment."

"I had no idea what to say to that," Bodzin told ESPN. "What does a 25-year-old say in that situation? They say, 'OK.'

"I was shellshocked. And as I've thought about it more, every year that it has gone by that I've thought about it, makes me angrier that I didn't come forward about it. ... My power was minimal in that had I said something as just an account executive, I felt that I would have been blacklisted from the industry."

Through his attorneys, Sarver said: "I would like to apologize directly to David Bodzin. I remember this incident from seven years ago. I never meant to cause any harm or offense -- and I certainly did not mean to embarrass Mr. Bodzin. At the time, I thought this was taken as a joke by everyone in the room. I understood, a short time later, that this was inappropriate. This was purely on me, and it was a misguided attempt at humor."

AFTER A GAME in the 2018-19 season, Sarver fumed that rookie center Deandre Ayton -- the 2018 No. 1 pick -- had failed to record a block or a foul. Sarver slammed a stat sheet on the table in front of assistant coach Corliss Williamson, who had been working with Ayton. "In all my years, that's the first time I've ever seen an owner come in there and act like that with the coaching staff," Williamson said.

Williamson was a 6-foot-7, 245-pound former NBA champion with the Detroit Pistons whose NBA nickname was "The Big Nasty." Williamson, who grew up in Arkansas, said an older, white male owner aggressively confronting him -- a Black man from the South -- carried racial connotations for him.

"That's exactly where my mind went," Williamson told ESPN.

He sought out Sarver in the subsequent days, including visiting his office. Eventually, the two spoke briefly, and the tension subsided.

"I really wanted to make sure he didn't do something like that to someone else who didn't have a cooler head," Williamson said. "That's why I went looking for him."

It was far from the first time members of the coaching staff felt like Sarver had marginalized them. Watson remembers Sarver drawing up plays that didn't exist in the locker room. "He was asking [players] to set up a pick-and-roll in the middle of the paint. How is that even possible with three seconds and no spacing?"

On March 30, 2019, the Suns were home against a short-handed Memphis Grizzlies team. Center Richaun Holmes was out due to a migraine and Ayton had rolled his ankle late in the third quarter. In their absence, Grizzlies center Jonas Valanciunas dominated, scoring 14 of his 34 points in a decisive fourth quarter for a 120-115 Memphis win. The loss dropped the Suns to 17-60.

Immediately after the game, according to staffers, Sarver marched into the coaches locker room and unloaded, berating head coach Igor Kokoskov and his assistants, demanding answers as to why they didn't "make any adjustments" to stop the burly Grizzlies center.

Veteran assistant Joe Prunty, who did not respond to a request for comment, spoke up, saying the short-handed Suns had made several in-game adjustments -- fronting Valanciunas, doubling him on the catch, explaining other basketball minutiae.

"Joe starts throwing all the s--- at him, [and] the guy has no idea what any of that means," said one former coach, details that others in the room confirmed. Sarver, livid, marched toward the door and screamed "No adjustments!" on his way out.

The next month, Kokoskov, who declined to comment, and his assistants, less than a year into their tenure in Phoenix, were fired.

One former longtime staffer said similar outbursts happened so often that he lost count. "He was constantly meddling and trying to coach himself or go into the coaches' office and start drawing X's and O's on the board at halftime and tell them they need to do this, they need to do that."

Sarver's habit of second-guessing coaches included working with then-rookie Ayton on shooting 3-pointers, an element of Ayton's game the coaches didn't believe should be his focus, then-members of the coaching staff said.

In another instance that season, Sarver went into the training room to talk X's and O's with rookie guard Elie Okobo. Veteran guard Jamal Crawford left the room.

"He actually got up off the table and walked out of the room and said, 'I can't f---ing listen to this s---. I gotta get out of here,'" a second former staffer said. The former longtime staffer in the room confirmed the scene to ESPN. Crawford declined to comment.

One former Suns basketball operations staffer who interacted with Sarver regularly said he still deals with stress and anxiety from Sarver's verbal abuse and late-night phone calls -- to the point that the panic he felt still strikes anytime the phone rings late in the evenings. "I never felt comfortable there," the staffer said. "And I was there for a long time. ... I didn't even get fired. If that gives you any context -- I left on my own. There's no reason to be miserable every day anymore."

Sarver instituted unusual and frequent demands, former coaches and basketball operations staffers said, and during part of that 2018-19 season he told Kokoskov's staff that they shouldn't hold pens, papers, notebooks or anything in their hands on the sideline. They had to stand and cheer.

ESPN asked Sarver about his interactions with the team; the questions went unaddressed.

"It was a clown show," said one former basketball operations staffer. "Guys are jumping up and down looking ridiculous, and I'm getting texts from coaches around the league, like, 'What are you guys doing?'" Said another former basketball operations staffer, "It becomes more of a circus and, 'Let's stand up and clap and appease Robert as opposed to doing what our job actually is, which is trying to coach the basketball game.'" One clip of the coaching staff failing to fist-bump properly went viral.

MULTIPLE CURRENT AND former employees told ESPN that members of the Suns' executive team contributed to the workplace toxicity of the organization.

In 2017 two former employees said that a white male executive repeatedly called a Black co-worker "Carlton," in reference to the character from the '90s TV show "Fresh Prince of Bel-Air." In at least one instance, he jokingly told the co-worker to "do the Carlton" for him. The employees said the Black co-worker on multiple occasions told the white executive to stop calling him by that name and that he was not going to dance for him. "Super racist," one former employee said.

The executive, when reached by ESPN, denied telling the employee to dance and said he was never asked to stop calling the employee "Carlton," describing their relationship as "jovial" and "one of friendship and respect."

One female former employee said that after being physically assaulted by a male co-worker outside of the office, a female co-worker went to HR out of concern for the employee's safety. The two told ESPN that HR spoke with the alleged victim, ultimately deciding that simply moving her desk would resolve the issue. At that time, the alleged victim said there were two rows of desks -- with partitions separating each one -- and that hers was right next to the male co-worker's. They moved her to the second row. "I couldn't escape," she said, adding that if she stood up, he was right there, probably less than 10 feet away. "It was a joke. An absolute joke."

As far as the employee is aware, there was no investigation. The Suns told ESPN they could "take no action because both employees declined to speak with HR and because neither employee expressed an interest in having the Suns intervene concerning the dispute." The Suns denied ever instructing "either employee to 'move [their] desk' to resolve the domestic issue they were having."

In all, three people told ESPN the employee's desk location had indeed been moved.

A number of employees, especially women, described to ESPN being subjected to or witnessing verbal barrages from male executives.

"I think as women, when we come into sports, unfortunately, we're resigned to the fact that we'll be sexually harassed at some point," the female former marketing employee said. "But the part that was the worst for me is the verbal abuse and feeling like I wasn't human."

These public examples of mistreatment and disregard were a consistent source of concern for many women throughout the organization; female employees reported inappropriate comments by managers, according to multiple former employees.

One female former sales employee said a former Suns vice president, who appeared intoxicated, asked her how many members of her department she had slept with and about a specific coworker's penis.

"It was terrible because I had not had sexual interactions with anybody on [the staff], so that was very weird," she told ESPN. "And [it] also made me uncomfortable because my VP is asking me about my sexual history with other co-workers? That kind of thing was almost normal."

When contacted for comment, the executive said such questions were never raised with any employee.

One female former marketing employee describes sitting in meetings with senior leaders and hearing sexist remarks made about women, including the need to have women at certain events in low-cut tops. "And then I would say, 'This isn't a productive meeting for me. And I'm uncomfortable,'" the former employee said. "They would say, 'It's just a joke; get over it.'"

Current and former employees said women often did not feel valued and were ignored when they said so, a sentiment that led to frequent departures.

"Especially with the younger girls, I felt like I was abandoning them," said one female former employee. "I felt bad for leaving. It was hard. And so I was happy when [I learned] all of them are out of there."

"It breaks you," said another female former employee. "I'm hard to break, and it broke me."

"It wrecked my life," said a third female former employee. "I was contemplating suicide."

A current executive is among nearly a dozen who acknowledges seeking professional help to cope with anxiety, sleep loss and overall declining well-being working for the Suns.

"When I went to the psychologist, I cried a bucket of tears," the executive said. "And it's like that with a lot of us. It's just sad."

Even with the team's recent success, one current staffer said the team's culture has continued to decay.

"Now when employees should be having fun and should be enjoying the success," the staffer said, "the culture is lower than it's ever been."

EVEN THE SIMPLEST, most corporate tasks were met with widespread suspicion.

Former employees told ESPN that, in some cases, employees lied on team-administered surveys about working for the team because they feared retaliation or felt the exercise was pointless: "There was no way in hell I was going to answer that thing honestly," said one former human resources representative.

A second former HR rep said employees were told not to file complaints and that they shouldn't come to the HR office, that they should instead meet outside the office: "I would say, 'Let's go take a walk. Because if they see you being here, they're gonna come after you.'" Several employees said they were taking antidepressants and going on medical leave because of the issues they were having with superiors, according to the former rep.

Added the first former HR rep: "Unfortunately, HR is a place that most people come to, to get refuge from things that go on. You should be able to go there and get some help. [But] it's sort of a culture of complicity. Which I was a part of. And I hate saying that."

On multiple occasions some years ago, according to people with direct knowledge of the interactions, employees reported alleged issues to HR -- including a complaint against Sarver for alleged comments to a female employee about how she looked in a dress and alleged racial discrimination raised by a Black employee regarding promotions for white colleagues -- and were told soon after that they no longer fit in the organization.

"It wrecked my life. I was contemplating suicide." Female former Suns employee

Multiple staffers said they would not go to HR with complaints because they feared retaliation. "That is standard in our company," said a current business employee: "If something happens, don't go to HR."

Said another current staffer: "God no, that's the last place you go. Yeah, definitely don't go to HR with anything." The first former Suns HR rep confirms that this sentiment was common throughout the organization.

"You want to do right by the employee and make sure that they're not getting infringed upon," the first former HR rep said. "But ultimately, you're getting paid by the owner. So you're the police. And there were some times where I told people, 'You know, I'm not gonna tell you this on the record, and we need to go out to the parking lot or someplace, but I think you should sue.'"

When aggrieved workers said they had been considering legal action after being told that the organization would be parting ways with them, two former business operations employees said those people were often offered severance packages in exchange for signing nondisclosure agreements.

The second former HR rep said this approach was common: The organization would settle when an employee brought any sort of legal action, threatened to sue or raised issues that could lead to legal action. "They didn't want the press," the former rep said. "There were people that were wrongly terminated. And then the people who had the know-how to threaten to sue would get paid. But the ones who just couldn't maneuver that landscape would just go away."

The rep continued, "I would hope they would sue, because I knew they would get money. So whenever we [would] see the claims come in, I would just be like, 'Well, at least that person's going to get some money.'"

Although a few explored legal action, there were more who did not. Half a dozen former employees said they didn't pursue a lawsuit because they didn't have the financial resources for a legal battle to do so, or felt so worn down from their experience that they just wanted to move on.

"Ultimately, I was too afraid and exhausted to pursue it," a female former marketing employee said. "I even had my attorney offer to do the whole pro bono thing, but I was broken down so badly by then. I wasn't sleeping or eating or functioning well, so I felt it was easier to move on and take the offer. I regret not pursuing it."

GO TO THE Phoenix Suns' official career opportunities page and you'll see it: what the team calls its mission for prospective employees.

It reads: Our mission is to "Provide the Finest in Sports, Entertainment and Community Leadership," and our goals are to "Win Championships and Create Sustained Success." By uniting around the following ...

On the right side of the page, alongside a big, purple box, the team lists its values: Forward Thinking. Accountable. Mutual Respect. Integrity. Leadership. You Have Passion For Our Purpose.

The first letter of each bullet point spells out an acrostic: "FAMILY."

"That's our motto, right? That's what they shove down our throats," said one longtime staffer who recently left the team.

"If it involves revenue, OK, we're 'family values,'" said a current Suns executive. "But let me tell you, that is the biggest piece of s--- document they've got in that place."

Among the demands of ESPN by Sarver's legal representation was that ESPN contact 10 specific individuals about Sarver and the organization. Of those 10, ESPN had previously requested comment from three. Of the remaining seven, five responded and gave accounts of Sarver, using words like "demanding," "hard driving" and "relentless." They each said that in their own personal experiences they had not witnessed or heard of racist and misogynistic conduct by Sarver.

Suns chief financial officer and general manager of the Phoenix Mercury Jim Pitman said, "[Sarver] has been consistently on the side of women and the WNBA." Executive director for Phoenix Suns charities and vice president of social responsibility Sarah Krahenbuhl said, "[Sarver's] not easy by any stretch of the imagination, but how he pushes us is for the greater good."

Lon Babby, Suns president of basketball operations from 2010 to 2015, said: "Robert is surely a demanding and, at times, difficult manager to work for. But I can tell you as assuredly that he is not in any way shape or form a racist or guilty of any kind of sexual harassment or mistreatment of women."

Golden State coach Steve Kerr helped introduce Sarver to former NBA commissioner David Stern before Sarver bought the Suns in 2004. After serving as a consultant, Kerr was named the team's general manager in 2007, a position he left in 2010. He hasn't worked with the Suns in any capacity since that time. Kerr was a minority owner of the team from 2004 to 2014 when he divested a less-than-1% stake to coach the Warriors.

Of their time together from 2004 to 2010, Kerr told ESPN: "I never saw anything that suggested racism or misogyny, and I was very surprised to hear those allegations because that's not the person that I know."

Within the first decade of Sarver's tenure, a few members of the approximately 20-person ownership group explored having Sarver removed, according to people with knowledge of the inquiry. The operating agreement that sealed Sarver's position as the team's "governor" was quietly reviewed by outside legal counsel. But outside counsel soon relayed that Sarver's contract effectively prevented him from being removed absent serious criminal behavior or similarly egregious conduct.

One high-level former executive recalled being told that the language in the agreement was "bulletproof" and granted Sarver enough power that it would be very difficult to unseat him.

NBA spokesperson Mike Bass said the league office is not aware of any such activity by Suns minority owners.

Said one former Suns executive: "All of [the owners] in a different form or fashion would say Robert is a lucky charm in real estate. He's really good at what he does businesswise. ... So his discipline away from the game of basketball is what always pissed me off. Because he wasn't a f---ing dummy. Now, he's a misogynist and a racist, but he wasn't dumb. And he acted like a dummy around the game of basketball. And that was the thing that pissed me off so much because he was smart enough to know better."

"He's not clueless," said another member of the ownership group of Sarver's behavior. "He's doing it because of power."

Seventeen years in, after posting the NBA's second-best record last season at 51-21 and making the NBA Finals for the first time since 1993, Suns employees said Robert Sarver's behavior remains the same.

"It's bittersweet," a co-owner said of the team's resurgent success. "It just doesn't feel good to be involved with him."

The current executive discourages people from working at the Suns and knows others who do the same.

Said another current employee, "If I knew -- and I wish I knew what I was coming into -- I would have never taken the job here. Never."


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