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Archive for April, 2016

I don’t usually post here the opinion pieces I write, but this is not just local and in many ways not even just a state issue.

It’s a fact that boycotts are blunt instruments, particularly when aimed at an entire state. Allies as well as foes get hurt.

South Carolina businesses learned that during boycotts over display of the Confederate flag. Indiana businesses learned that during boycotts over that state’s short-lived “religious freedom” law that allowed businesses to refuse service to homosexuals.

A column in the New York Times by Linda-Marie Barrett of Malaprops Bookstore/Café in Asheville illustrates the collateral damage being done now to North Carolina businesses over House Bill 2’s repeal of anti-discrimination protections in various cities and its explicit allowance, by omission from the list of protected classes, of any kind of discrimination based on sexual orientation.

Barrett complains that despite her business’s stance against HB2, “Customers from other states tell us they won’t visit until the law is no more. More threatening to us financially and to our community culturally is the cancellation of events by authors.”

In her column she asks authors to reconsider boycotting North Carolina bookstores because the stores need the revenue that author visits bring, and their local customers need to be lifted up.

She has a point, but the whole point of a statewide boycott is the economic havoc it can wreak, ultimately impacting as many legislators’ districts as possible and the entire state economy as a whole to create a sense of urgency that otherwise would be missing. Appeals to compassion have limited effects, but the power of the purse is strong, which is why boycotts are so often effective.

Senate President Phil Berger, a living blunt instrument who is the ultimate force that would have to be overcome to repeal HB2, is a lawyer from the tiny town of Eden, in Rockingham County. What exactly could anyone boycott that he would care about? Not much. Even if there were something, Berger has proven to be a “my way or the highway” kind of fellow.

That means his political allies in the legislature have to be convinced to change their minds and risk Berger’s wrath. Without a boycott, how would anyone do that? Protests? Sit-ins? The “Moral Mondays” protests have well established that the legislators are utterly immune to such appeals. But many of them are businesspeople or live in districts with businesses that are being affected by the boycott, or else their pet projects will be affected by a decline in state revenue needed to support them.

The question is how many millions of dollars the state’s economy will have to lose — how many hundreds or thousands of new jobs have to be withdrawn by companies canceling plans to grow here — before enough of HB2’s backers are willing to admit the whole thing is a sham.

And that’s what the law is, a sham. There was no enforcement mechanism written into the feature of the law that its backers most vocally defend, the requirement for people to use the public restrooms that correspond with the sex identified on their birth certificate. Politicians have raised the false specter of sexual predation in the restroom, ironically by heterosexual men posing as women, to justify all the rest of the bill’s discriminatory elements (and its completely unrelated prohibition of local minimum-wage rules). Dallas Woodhouse, executive director of the North Carolina Republican Party, told the Washington Post, “Moms want to be able to send their 11-year-old daughters into the bathroom and not worry about grown men being in there.”

Woodhouse is right, mothers do want that — but HB2 does not a single thing to make sure no grown men are in the women’s room. The law puts no police in the restroom and takes no steps to actually control who uses which room. There was no way before HB2 to prevent a sexual predator from entering any restroom, and there remains no way under HB2 to prevent it. There also is no new punishment in HB2 for anyone caught in the act.

In other words, HB2 does nothing more than shout angrily into the wind. That’s why the outside world has heard only anger in its passage.

Passing the law had only one point: Creating passion in a voter base that is perceived as dispirited by the presidential campaign and that may not turn out in large numbers this fall.

But that backfired and made the state the target of national scorn, as did Gov. Pat McCrory’s ham-fisted executive order last week that left all of HB2’s major features intact even as he insisted, falsely, that he was acting to remove the reason for the boycott. All his executive order did was gift-wrap a reason for the national media to do more stories about the boycott, what prompted it and illustrate that McCrory’s order did nothing to change it.

It’s not fair that Malaprops and other businesses are being made to pay the price for a cynical election-year strategy, and it’s not fair that hundreds or thousands of North Carolinians will not be able to seek high-paying jobs with PayPal or Deutsche Bank or any of the other companies canceling their plans here.

But fairness was never the point behind HB2. Damage was. And damage it has wrought.

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