Showing posts with label coronavirus. Show all posts
Showing posts with label coronavirus. Show all posts

Tuesday, November 26, 2024

Greedy Grocers: Exploiting Customers and Workers with Impunity

Adam Smith theorized that price competition on products and labor would allow the self-interests of the buyers and sellers to result in unintended beneficial consequences. For one thing, price gouging would not happen because, assuming low barriers to enter the market to sell, competitors would quickly drop their prices and gain market share. That grocery prices did not fall after the supply-shocks, including in shipping and hiring workers, ended with the end of the coronavirus pandemic in early 2023 is a pretty good indication that the grocery (and meat producer) industry was not competitive. Oligarchic markets—those in which just a few, often times very large, sellers exist—are devoid of the competitive mechanism that would otherwise maintain prices that are fair to buyers. That is, not only do competitive markets efficiently allocate goods and services at prices that connect supply to demand; such markets can also satisfy the ethical virtue of justice as fairness. Smith was not shy in admitted that a government willing to stand up to big companies is necessary to keep a market from slipping into the decadence of an oligopoly and especially a monopoly. I contend that both Americans and their elected representatives were blind, perhaps conveniently so given the power of large companies in American governments, both during the coronavirus pandemic, which ran from roughly 2020 to 2022, and even afterwards as Kroger and Albertsons colluded at the expense (literally) of their respective customers and workers.  

On February 26, 2024, about a year after the coronavirus pandemic ended in the United States, the Federal Trade Commission “sued to block the largest proposed supermarket merger in U.S. history—Kroger Company’s $24.6 billion acquisition of the Albertsons Companies, Inc.—alleging that the deal is anticompetitive.”[1] While testifying to a Federal Trade Commission attorney ,  Andy Groff, Kroger's senior director for pricing, said the grocery giant had raised prices for eggs and milk beyond inflation levels. In an internal email to other Kroger executives, he had written, "On milk and eggs, retail inflation has been significantly higher than cost inflation."[2] Of course, the company’s strategy was to try to discredit Groff rather than assume responsibility for having taken advantage of the pandemic. It was telling, however, that at least at Albertsons, including its Safeway division, the practice of weekly discounts shown on the shelves was greatly diminished. So, we can add ending discounts to price gouging to understand the true sticker shock that customers encountered.

The price gouging alone was “not at all surprising," Drew Powers, the founder of Illinois-based Powers Financial Group, has said. Economists had “long indicated that the grocery sector, which is composed of only a few chains like Kroger and Walmart, was benefiting from supply chain disruptions during the pandemic, allowing the companies to hike prices beyond what was necessary to retain profits. According to Alex Beene, a financial literacy instructor, "Supply chain issues, rising shipping costs, and increased wages certainly played their part in the higher prices we're currently seeing. However, the admission some prices were elevated simply because businesses knew they could doesn't help the case for those arguing price gouging isn't an issue."[3]  

Perhaps even more disturbing, but much more subtly, Kroger and Albertsons did not lower prices after the unique economic context of the pandemic had ended. In fact, both companies saw record profits into 2024 and a generally increasing trend from 2010 that belies any claim to have needed to raise prices during the pandemic to stay in business. In fact, the profits during the pandemic were greater than in 2018-2020, and record profits as of January 31, 2024. Not coincidentally, the grocers provided customers with just a slight reduction in prices of food items in 2024 even though the huge increases during the pandemic had been said to be specific to it. This demonstrates that the industry had ceased to operate in a competitive market. The following graphs from Metatrends.net of gross profits for the years (January 1) 2009 - (January 31) 2024 tell the tale, a picture being proverbially said to be worth a thousand words. 

Kroger (left) and Albertsons (right) Gross Profit ($)

That Albertsons increased prices excessively during 2022 can be inferred from the fact that the company's net income that year increased 51% from 2021 even though the pandemic was still occurring. In July, 2024, Newsweek stated the following: “Companies across multiple industries have been posting record profits since the [coronavirus pandemic] while consumers have faced the highest inflation in recent history. The math can only point to companies raising prices above the general level of inflation. As the old saying goes, 'Never let a good crisis go to waste.'"[4] And never let the end of a crisis be the end of the party, for the excuses can run their natural course if the herd animals (and their leaders) are gullible (and corrupt) enough.

That a grocery-store worker filed a class-action lawsuit against both Kroger and Albertsons in Colorado on November 25, 2024 for having colluded “against striking employees to keep pay and benefits down” may indicate that the giant chains took advantage of workers too.[5] The suit alleges that “the two competitors reached an illicit agreement not to poach employees or customers during a 2022 work stoppage.” This “gave Kroger an upper hand against its employees’ union during contract talks,” and Albertson too would likely benefit as it had the same union.[6] The word most erroneous here is competitors, and if Kroger and Albertsons were not competing for employees or customers, then it would have been easy for both managements to raise prices, essentially creating inflation (i.e., above costs and a reasonable profit), in taking advantage of the pandemic turned into a rationale for higher prices and then of societal expectations that price increases would happen and be legitimate.

That Kamala Harris ran for U.S. president in 2024 with only vague promises to help consumers with high food prices rather than a bold promise to wipe off the Sherman Anti-trust Act to apply it to break up both Kroger and Albertsons is so glaring that it could (and should) be asked whether, or to what extent, that industry, as well as the concentrated meat-producer industry, was made financial contributions to Harris’ campaign. Even President Biden’s decision to oppose the merger of those two companies ignored the likely possibility that the grocery (and meat-producer) industry was already too concentrated (i.e., oligopolistic) for price competition to have lowered food prices after the pandemic.  Both the president and the vice president (i.e., Harris) were too snug with the status quo, and perhaps relatedly too influenced, financially and otherwise, by the grocery (as well as meat-producing and even restaurant) industry. That the profits of Kroger and Albertson grew not only during the pandemic, but also in its wake, especially as compared with the pre-pandemic numbers, should have been an obvious indication that Adam Smith’s apotheotic competitive-market model could no longer operate due to the enormous sizes and few number of grocery chains in the United States. Enough voters may have been angry at Biden and Harris for not using the judiciary to restore competition—only acting to oppose the merger—to vote for Harris even though Trump would not likely apply anti-trust law even to the merger. A similar rationale concerning Biden and Harris actively supporting Israel militarily even after the UN’s top court had ruled that the occupation violated international law can be applied for why Harris lost. Enough of the American electorates wanted boldness in place of status-quo timidity that they were willing to vote against Harris and even for Trump even while disagreeing with his bold policies, such as on stopping illegal immigration.



1. “FTC Challenges Kroger’s Acquisition of Albertsons,” FTC Press Release, February 26, 2024.
2. Suzanne Blake, “Kroger Executive Admits Company Gouged Prices Above Inflation,” Newsweek, August 31, 2024.
3. Ibid.
4. Ibid. 
5. Dave Jamieson, “Worker Sues Kroger and Albertsons, Alleging Collusion Against Union,” The Huffington Post, November 26, 2024.
6. Ibid.  

Friday, November 5, 2021

Compromising Public Health for a States' Rights Ideology: The Governor of Arizona Nullified a Federal Law during a Pandemic

On October 27, 2021, I rode on two mass transit buses in Phoenix, Arizona. Both drivers were knowingly and willfully violating the federal regulation (42 CFR sec.s 70-71), which requires transit operators to wear masks during the pandemic even when they are situated behind a plexiglass barrier. One of the drivers, whom I had twice before seen not wearing a mask, again had lowered the plexiglass window pane between the driver and customers paying.  The first time, I had asked her to put a mask on, given the federal regulation and her proximity to the passengers boarding. Replying as if making an announcement, she said, “If anyone feels unsafe on the bus, they can get off and wait for the next bus.” That prompted a passenger to insult me. The company subsequently backed up the driver's refusal by saying that the federal law doesn't apply to buses in Arizona. It did, so the company violated federal law with impunity.

 

I reported this incident to the regional bus authority and the city of Phoenix. Nevertheless I saw her maskless more than a week later and then during the following week. I did receive a voicemail from TransDev, a bus-operating company contracted by Metro Valley, informing me that regardless of the federal law, the company policy does not require bus drivers to wear masks. In fact, a representative from Metro Valley defiantly declared on a subsequent phone call that drivers can let maskless passengers board—again, in violation of federal law. Company policy apparently can nullify federal regulations in Arizona, a U.S. state with special needs. 

Even though the FBI told me that it looks to local law enforcement agencies to enforce federal regulations, a supervisor at one of the police sub-stations told me that his department would not enforce the regulation. “Oh, so they want to dump it on us,” he said. Astonishingly, he claimed that only law passed by his state’s legislature is “real law in Arizona.” About a week later, a police transit supervisor told me that the chief of police had told the non-supervisory patrol employees not to enforce the federal regulation, and this directive had come down from the governor.

As shocking as such corruption is, the immature, even pathological behavior of the second maskless bus driver I witnessed on the morning of October 27, 2021 told me after I had asked her to put on a mask that she didn’t care if a federal regulation requires drivers to wear masks. “I don’t care. Go ahead, call the FBI,” she said with a daring tone of presumed impunity. She also encouraged me to call the local police after I said I would contact them too. “They don’t wear masks either,” she shouted. Yes, shouted. I replied that I was ending the conversation, which she ignored until I went to the back of the bus. She then accused me of threatening her. “Get off my bus!” she exclaimed angrily even though she kept the bus in motion. She was clearly making up an excuse to get me in trouble for having asked her to comply with U.S. law. What a strange, absurd mentality, at least outside of Arizona. Not surprisingly, she had let a maskless man ride. While walking to the back door to exit the bus, the maskless old male passenger felt entitled pick up the baton from the driver and shout “I’m vaccinated; I don’t have to wear a mask” at me. I knew he was ignorant so I did not comment. Nevertheless, she kept shouting his presumed factoid to me as he got closer. After he left, the driver once again began shouting insults at me, having dismissed my statement that I was done with the conversation. She called me a dumbass and a weirdo, and told me in a dismissive and hostile tone, “Go back to your institution!” My stop was coming up, so I could not get off the bus, but I did not want to hear any more from the childish driving having a temper-tantrum. So I began repeating, “I don’t talk to local creepers.” I had said this to the maskless passenger too.  “I won’t let you ride on my bus ever again,” the driver said. It is significant that she referred to her bus, in repeating, “I won’t let you ride my bus ever again,” when in actuality the city of Phoenix owns the bus and she does not have the authority to ban anyone from ever riding “her” bus ever again. Even were the bus her own, she would still be required to follow federal law, though she clearly believed otherwise.  She even put her two hands to her ears while operating the bus like a kid would do, and angrily repeated, “I know you are, I know you are,” after I declared that I do not talk with local creepers.  It was surreal that any bus driver would behave like a four year-old. “What are you in kindergarden?” I replied. Even when I was walking out of the bus and then outside of the bus, the driver was yelling insults, so I continued repeating my line. It was incredibly pathetic that a four year-old’s mentality would stop her temper-tantrum only to pick up her phone to call her supervisor, and yet the bus company’s customer service does not allow passengers to speak with a supervisor of the drivers in real time even when a driver is not only abusing his or her authority, but is having a temper-tantrum. It is precisely because the drivers know that they can misbehave with impunity that they go on the offensive even more by claiming that a passenger is misbehaving. It is not surprising that drivers tend to presume impunity in violating a federal regulation geared to ending a pandemic. It is not surprising that several drivers in 2020 and 2021 felt entitled to ignore the local and federal laws, respectively, requiring that passengers and drivers wear masks. Some drivers actually wore their masks to cover only the chin area as if that constituted compliance. Arizona’s pre-college education ranked 49th out of the 50 states at the time. Go figure. Presumptive arrogance combined with astounding ignorance is a toxic combination.

I submit that this last driver was so brazen at least in part because there really is no accountability in the local mass transit system, which includes Metro Valley, the regional transit authority and TransDev, a private subcontractor that operates the buses, which are owned by the city of Phoenix. Both Metro Valley and TransDev have told me that their policies allowing maskless riders and drivers invalidate the federal law. By the way, a local police patrol employee informed me (when he was off duty) that bus drivers are not federal employees to the federal law does not apply to them. “So you locals are ok with the federal money you get from the feds for your mass transit, but that doesn’t obligate you to follow their regulations,” I concluded. He gave a thumbs up. Three weeks earlier, a patrol supervisor informed me that the only “real law in Arizona is that which goes through the state legislature.” There is virtually no enforcement of masks on the light rail by security guards either. They illegally impersonate police officers by wearing silver badges, yet have admitted that Metro Valley won’t allow them to enforce the local ordinance in 2020 and the federal regulation in 2021. I think the guards are more interested in intimidating passengers to feel the pleasure of being dominant (albeit certainly not superior in any way) than in enforcing even federal law.

It is strange seeing three or four guards on one half of a car yet not one of the Allied Security employees are enforcing the federal law as it is even stated on on-board signs declaring, “Per Federal Law, Masks Are Required.” Once when I heard a train’s operator make an announcement at every stop, I pressed a red button at an intercom with the driver. The drivers want passengers to report problems, so it was ironic that a young black guard rushed to me (I had not seen him in the back) and demanded to know what I had been talking about. I asked him twice to lift his mask from his chin to cover his mouth and nose. He obviously felt entitled to break the law even though signs on the doors and windows were obvious. Without even waiting for me to answer his question, he became very hostile toward me and declared that if he ever sees me use the intercom again, he would kick me off the train. As I was leaving the train, I passed by the operator’s open window. “Of course we want you to use the intercom to report things like you did—that many passengers are ignoring my announcement!” I asked her to report the guard.

In short, the arrogance, corruption, and incompetence at the state, city and mass transit levels at least in Phoenix are such that someone who is not used to such a sordid, ignorant, and hostile culture cannot but be astonished—jaws-dropped astonished. Not only does the bus company ignore reports of illegal behavior; the company claims that its policy, which contradicts federal law, is the only thing that the company acknowledges as valid. How could anyone at a company believe that a company policy nullifies a federal law? How could a police chief tell her police force not to enforce a federal law, when according to the U.S. Department of Justice, the F.B.I. routinely relies on local law enforcement to play a role in enforcing federal law. Yet in Phoenix, Arizona, a police supervisor specializing on transit refused to acknowledge that state officials ever enforce federal law. “They want their laws enforced? They will have to send feds to enforce them.”

Monday, October 19, 2020

Coronavirus Reveals Dysfunctional Culture in Arizona

In mid-October, 2020, when the coronavirus was again peaking in E.U. states such as France and Germany and U.S. states such as Wisconsin and New Mexico, public health experts were worried about how the upcoming flu season would interact with the new virus, especially as people gather more indoors when outside temperatures turn colder. On October 15, 2020, for instance, seven U.S. states saw record numbers of hospitalizations, according to the Covid Tracking Project, and fourteen states set records for their seven-day averages of new daily cases, according to Johns Hopkins University.[1] France and Germany had already instituted nightly curfews. On October 16, Tier 2 Restrictions went into effect in London, which include urging people to avoid public transportation. Because physical distancing is not always possible on buses, subways, and light rail, universal mask wearing was crucial. According to IHME projections at the time, universal mask wearing in general “could save the lives of more than 70,000 Americans in the next three and a half months.”[2] With New Mexico’s chief executive referring to the coronavirus situation as “the most serious emergency that New Mexico has ever faced” on October 14, it was very troubling that Arizona, which borders New Mexico, had failed to enforce laws requiring masks on public transportation. This failure is extraordinary because of the mentality behind it.
On June 19, 2020, Maricopa County, which includes the Phoenix metropolitan area, had announced mask regulations approved by the Board of Supervisors. One of the regulations reads, “All riders and operators on public transportation must wear a mask.”[3] This bore directly on the light rail and buses, which Metro Valley, the transportation authority, either ran directly or through subcontracted operating companies and Allied Security. With enforcement of the new regulation being “the responsibility of law enforcement,”[4] Metro Valley announced that it would not use its employees and subcontracted security guards to enforce the regulation. In allowing passengers to board the buses and light rail without wearing masks, Metro Valley was actually breaking the law even during the “second wave” of the virus in June, 2020. In fact, it was not uncommon to see bus drivers and security guards either not wearing masks or wearing them around their chins rather than on their mouths and noses. It was especially common to see the riders wear masks covering only the chin.
Metro Valley’s excuse for not enforcing the “requirement,” which meant allowing passengers (and employees) to be on mass transit without wearing masks even though the regulation forbid it, was that some passengers (and employees) could not wear masks due to medical conditions like asthma. Allowing this exception to break the rule overall bespoke ignorance, stinginess, and laziness. Because at risk riders could have been accommodated with the modest requirement of having their respective physicians fill out a medical form that in turn would be necessary to obtain a special medical transit ID. Medical IDs were already issued to the disabled who had a medical provider fill out Metro Valley’s medical form. The transit authority did not have to emasculate the regulation and thus the public health on account of an exception. Talking to Metro Valley supervisors, I was struck by the near obsession on the exception to the extent that I could detect no awareness of making a requirement anything but, and in so doing, violating the regulation. Small minds should not rule large companies, for the consequent harm to the public can be large.
I was thrice flabbergasted when I listened on my phone to Metro Valley customer-service employees insist that masks were required on buses and light rail and that passengers could ride without masks was not incompatible with the requirement! Declarations by ignorance that cannot be wrong have a bad odor. Such ignorance has no legitimate basis in standing on stilts above customers (or anyone). When I pointed out the obvious point that allowing maskless riders on buses and trains means that masks are not required, the standard reply was actually corrective. “Masks are required. Riders will not be turned away for not wearing masks.” How can a mind possibly hold those two thoughts together as if they were consistent? Perhaps willful ignorance enjoys being corrective because of the little bit of power that can be enjoyed—so starved for the pleasure from power is the weak bird of prey, according to Friedrich Nietzsche.
Unfortunately, neither the county sheriff’s office nor the Phoenix police (nor that of at least one suburb) felt the need to enforce the county and various city laws on masks. “You need to call Metro Valley on that,” I was told as I sought comment. Even if Metro Valley had a policy of enforcing rather than breaking the regulation (and city laws) mandating masks on public transit, it was still the responsibility of law enforcement (i.e., not a transit company) to see that the regulation (and laws) are enforced. For law-enforcement agencies of municipal governments to rely on company policies conflates governmental law with organizational policies. The lack of accountability was staggering even as the coronavirus remained as a viable threat to the public health.
The political and educational cultures in Arizona were such that efforts to enforce the regulation and correct Metro Valley’s pathetic policy were especially important. On October 17, 2020 in a conference room at a resort at Scottsdale, a suburb of Phoenix, two presenters with QAnon “went on a long diatribe against people who wear masks to prevent the spread [of coronavirus]. It’s a way to control people, and a symbol of submission, they argued.”[5] It bears stating that in 2019, Arizona had ranked 49th out of the 50 American states on education prior to college. Unfortunately, a culture of ignorance can easily support and spread the message of QAnon in Arizona—“inventing an imaginary threat and ignoring the very real virus” in spite of all those people who had already died from the pathogen. Such a culture can also enable a vacuous “requirement” to be perpetuated as if it were really a requirement rather than an instance of reason turned against itself with impunity. In such a culture, a significant number of riders and employees, including bus drivers, can be expected to skirt their company’s policy on mask-wearing because it is a fraud anyway. Such employees need only have told their respective supervisors that a medical condition prevents the wearing of a surgical mask without any written documentation to support the validity of the claim. In such a culture, bus drivers would rather bar riders from sitting in the front half of the buses, meaning that the riders might not be able to keep apart spatially as per governmental and even Metro Valley’s own guidelines, than bother to wear masks while driving. Why could such drivers be required to wear plastic face guards if a legitimate medical reason exists for not wearing a surgical mask? Besides the culture of ignorance, one of a lack of regard for the public health (i.e., other people) is also part of the sordid culture that has been so ensconced in Arizona.

A Metro Valley employee and a rider covering their respective chins. 
Security employees exposing their noses and mouths contrary to company policy. It is no wonder that riders did so as well, or went without masks, even though they were "required."
At times, the bus rider on the right held his green towel by his teeth, as if this were equivalent to wearing a mask. Such minimalists were common on public transportation during the pandemic.

A bus driver wearing his mask to cover his chin. I called Metro Valley to report the unsafe practice, and yet two months later, the driver was still leaving his mouth and nose exposed (see photo immediately below). Moreover, the continued prevalence of drivers without masks or not wearing them correctly is an indication that Metro Valley and its subcontracted operator companies have been managerially incompetent in holding drivers accountable. The continued bad driving (e.g., stopping abruptly rather than coasting to a light already red) also points to managerial negligence. 

Two (of several) other bus drivers not wearing masks, hence violating company policy. Were they medically exempt, presumably they would be wearing face coverings instead. 

Seats being held/blocked contrary to Metro Valley's policy by drivers. A plastic divider between the drivers and the seats is supposed to be sufficient protection for the drivers. Their efforts at over-protection, incredibly even by maskless drivers, can be at the expense of passengers being able to maintain physical distance between each other. Even though restricting the seating violates company policy and the company is aware of the practice, accountability has been a problem. 

A security guard starring at me taking a picture (which is legal) perhaps to intimidate me while literally overlooking the maskless rider stretched out on three seats. Starring at innocent riders to intimidate them while ignoring infractions of train policies (e.g., lying over three seats) epitomizes the local police/security culture. 


Four security guards in one-half of a train car, and four in a train car on a routine basis. Such excessiveness intimidates paying customers and leaves other trains without any protection. This epitomizes the local police/security culture in which as many of three backup police cars are used for police giving a traffic ticket. Meanwhile, the police departments refuse to enforce the laws on mask-wearing in retail stores and on public transportation. Hence, "bipolar" aptly characterizes the culture, wherein minor matters deprioritize more important ones. 

A security employee prohibited by Metro Valley even to instruct riders how to wear masks correctly. 

Perhaps the overriding question is how such a badly managed mass transit company (including its subcontractors that operate the buses) could continue in such a condition of ineptitude. In 2019, I had shot lots of videos of aggressive bus drivers, bad driving (e.g., stomping on the brake pedal at the last minute), and excess security on some trains (hence with none in others). The city of Tempe’s Transportation director invited me to attend a meeting with Tempe’s transit director, representatives from Metro Valley and the director of one of the bus-operating subcontractor companies (First Trans) in the room. Reflecting the local culture, the director dismissed all of my videos because one of them shows speeding of only six miles-per-hour above the speed-limit. To my utter astonishment, the other people in the room let him get away with the illogical effort to invalidate all of the videos—even those showing aggressive bus drivers shouting at passengers (the drivers generally viewed their ridership as lower class than themselves, which would have to be pretty low). Tempe’s representative lied to the director, “The city of Tempe has no problem with the driving,” after only months earlier having told me that speeding is a real problem (to which I added hard braking). Perhaps bribes helped reinforce the pathetic inter-organizational culture there.
Also up for grabs is why the local law enforcement would decide not to enforce a law so relevant to the public’s safety/health, and let the mass transit company (and its contractors) violate the law by allowing passengers to ride without wearing masks. It seems that in Arizona, the local law enforcement agencies have too much discretion over which laws they will enforce. Anyone calling in a noise complaint there knows this to be true. 
Ironically, and reflective of the bipolar culture, residents in poor and middle-class areas have had to endure police departments' excess reliance on low-flying police helicopters, which have routinely interloped beyond their respective jurisdictions (such as a city helicopter flying over county land), flown outside of designated air corridors for fly-through traffic, and flown around more expensive neighborhoods.  
On the evening when I published this essay at a coffee shop, a police car passed by as I was about to go to the shopping center's parking lot, and a few minutes a police helicopter flew over diagonally. Both seemed to be on a routine basis and duplicative rather than on a coordinated search. Then a mile away, just after I had stopped at a grocery store, another police helicopter was making at least ten wide circles over a nice looking residential neighborhood before flying away. Then just before I reached my apartment, several miles away, I saw yet another police helicopter (with yet another in the distance). The next morning on my way to the coffee shop to edit this essay, I again saw a police helicopter. The local residents may be used to living in a police state, but we others are not and it doesn't take long for us to notice it on account of its excessiveness, just as we new-comers notice the proclivity of the local police departments to refuse to enforce certain laws. To be sure, surveillance and so many back-up police cars for traffic tickets do take up resources, including personnel. If half the effort were applied instead to enforcing masks on public transit when the E.U. and many U.S. Midwestern and Northeastern states were coronavirus hotspots, Arizona would have been in a better position going into the winter.  

[1] Christina Maxouris and Jason Hanna, “The US Has Reached 8 Million Covid-19 Cases, and the Pace of New Infections Signals a Tough Winter,” CNN.com, October 16, 2020.
[2] Ibid.
[3] “Board Approves Mask Regulations Due to Community Spread of COVID-19,” Maricopa County Communications Office, June 19, 2020.
[4] Ibid.
[5] Donie O’Sullivan, “Analysis: A CNN Reporter Went to Two Different QAnon Events. Here’s What He Found,” CNN.com, October 19, 2020 (accessed same day).


Thursday, July 9, 2020

Corona Crisis: Unethical and Criminal Businesses and Municipal Agencies Pervade in Phoenix, Arizona

On July 7, 2020, NBC News reported that Arizona had a record number of cases (105,094) and of deaths (1,927), with a four percent daily increase in reported cases. Also, coronavirus hospitalizations and related ventilators being used were also at record highs. A reporter with MSNBC stated, “Arizona is in crisis.” On the previous day, on MSNBC television, that same reporter had said, “Arizona is in free fall,” in that the number of cases was rising so fast. It had taken three months for the first 50,000 cases and only 23 days for the next 50,000. Observing that people were not wearing masks in downtown Scottsdale, he reported that “Arizona is out of control.” People there were not taking precautions, and the local and state authorities were not on top of the crisis. On June 22, 2020, a physician with the University of Arizona-Phoenix interviewed on The 11th Hour show on MSNBC asserted that the Arizonans who were saying, “No one is going to order me to wear a mask,” were being selfish because refusing to wear a mask, say on a bus or in a store or restaurant/bar puts other lives at risk. Also a salient ingredient of the crisis in Arizona was the anti-science contingent of the population. In an interview at the time, Alan Alda (of the TV show, MASH) pointed to “pockets of people who still think science is just another opinion” as having a mindset that “puts us all in danger.”[1] The rigors of scientific experiment, such as the use of control groups and random selection, render science closer to knowledge than are mere opinions based on ideology and a person’s own experience. Privileging one’s own ideology and experiences counts as self-embellishing, and perhaps even self-idolatry. Such people are not likely to accept knowledge that contradicts their respective opinions and experience. Living in Phoenix at the time, I had encountered a lot of anti-intellectualism and incompetence along with refusals to enforce virus-deterring policies and even laws. Just one year earlier, Arizona’s education system through High School (K-12) had been rated as 49 out of the 50 States. Combined with an ideology in which companies and individual residents should (which implies can) self-police themselves on physical-distancing and wearing face masks indoors in public and on public transportation,  the recipe is for a greater need for respirators. 
To be sure, Arizona got to the place of crisis in part because the governor had lifted the stay-at-home order and opened businesses on May 14, 2020. His choice was in line with the wishes of U.S. President Trump, who wanted a more productive U.S. economy that would facilitate the president’s re-election in the coming November. The spike in new cases began in Arizona after the governor allowed non-essential businesses, including bars, restaurants, and gyms, to reopen. Pressure from President Trump and a shared pro-business political ideology were likely factors in the Republican governor’s decision. Meanwhile, Arizona had more than its share of political ideologues who believed that business policy or a public law mandating physical distancing and mask-wearing were tyrannical overreaches even though government has a duty to keep its people safe. 

Does mandating the use of masks indoors in public constitute tyranny? Is God against public health? Are certain political ideologies blind to the health and safety of a people? Can what is generally viewed as outlandish in most democratic societies be mainstream, and thus virtually unchecked, in one particular society?

However, other salient factors leading to the crisis in Arizona as of early July are worthy of being mentioned. Such factors include the refusal of Arizonans overwhelmingly to maintain a physical distance from other people while in public—especially indoors, such as at retailers including grocery stores, department stores, and bars. Even before mid-May, when Arizona had been on lock-down, grocery store employees got away with regularly ignoring the store policies and state law on physical-distancing because neither the store managers nor public authorities (e.g., the local police, county Environmental Services dept, city government) would see that the policy or law was enforced. Store managers of two grocery chains blatantly told me that they were not enforcing their own physical-distancing policies and thus the state law. Even on July 9, 2020, when the state’s hospitals were nearing capacity from the virus, I was stunned at a Sprouts store to see neither customers nor employees paying any attention to the store’s own regularly-announced physical-distancing policy. From a business standpoint, refusing to follow or enforce a store policy goes beyond incompetence and sheer foolishness; fecklessness, I submit, was also in the mix.
Wearing masks indoors when in public became a local law in Phoenix in late June, 2020. A few days before July 4, 2020, I went to Target, a retail department-store chain, to return an item. As I entered the store, I saw a sign indicating that masks must be wore as per the local law. 


Inside the store, I asked the assistant manager helping me with the return what is done to customers who ignore the policy and law. “Oh, we can’t enforce that,” she said matter-of-factly. 
On the evening of July 4, I (stupidly) went to a bar/restaurant called Half-Moon Sports Grill for a burger. As I approached the establishment, I heard a group of customers leaving the “restaurant” wonder aloud, “No one in there is wearing a mask.” Yet I went inside anyway, though to an isolated table from which I could see the horse-shoe bar where neither masks were being worn nor physical distancing was being enforced (e.g. by spacing out the seating). The store’s policy violated the law on both counts. 

The seats had not been spaced out along the bar. Perhaps the manager was spaced out? Many people sitting at the bar and at the tables near me were not eating anything. Even actual drinking was sparse. The customers "nursing" their drinks could have removed masks to take periodic gulps or sips, as the case may be. 

Indeed, the governor had recently closed bars (and gyms) because they had been hotspots for transmission of the contagion. A waitress told me that masks were not required when people were sitting. The law, however, stated at the time that masks need not be worn while mouths are being used to eat or drink.  The manager of Half Moon must have assumed that anytime a customer is seated, he or she must be eating or drinking. This is not what I saw, and during a crisis wouldn’t it just make sense to err on the side of caution in interpreting the local law? I was especially shocked when the waitress came up to my table twice without wearing a mask; she had been walking without wearing a mask and she had apparently decided that physical distancing does not apply to herself.
So the next day, I gave the local police a tip. On a Sunday afternoon, the cops would go to the bar/restaurant to see if any violations were occurring. I offered to send the videotape I had shot inside the establishment, but the Phoenix police refused. So the matter being corrected depended on whether the bar was busy enough on a Sunday afternoon to show a violation. No one would ever guess that the matter was urgent and important; it was as if the police were oblivious to the unfolding health crisis. The police had obviously not been paying attention when the governor had only weeks early stated in a news conference that businesses refusing to enforce local and state measures would be dealt with. Instead, the police followed their typical minimalist enforcement routine. A minimalist mentality has no place during a crisis, except, it seems, in Arizona.
The local transit authority, Metro Valley Transit, already had a sordid reputation for enabling bus drivers who were hostile to paying customers and drove badly. In early July, the company showed just how incompetent it was by having signs and a company voice (phone) message indicating that masks were required on the buses and yet Oliver, a supervisor of the customer-service department, told me that because some passengers cannot wear masks for medical purposes (i.e., there were exceptions), the company was only recommending that masks be worn. That a requirement would be treated as optional because exceptions exist demonstrates gross managerial incompetence. Such incompetence (and narrow-minded rigidity) is apparently inert even to a societal crisis (e.g., sky-rocketing numbers of coronavirus cases). That is to say, more was involved than ignorance.



Masks being worn improperly, or "minimalist," quickly became popular in the Phoenix metro on the buses, with drivers looking the other way. In the photo just above, the driver had even contorted his mirror so as to see the passengers, and yet he did not even ask the passenger pictured to wear a mask in spite of there being a "Mask Are Required" ungrammatical sign facing the entry door. This is ironic, given the driver's intent to be able to watch as many passengers as possible. The pleasure of power seized at in weakness issues out in control, yet interestingly here without holding passengers accountable. 


On July 10, 2020, I was fortunate on my morning commute to be on a bus in which not only was the driver not wearing a mask, but three passengers were not too. One of them was biting down on a small towel, demonstrating that the lack of accountability on the non-enforcing drivers was particularly risky, given the willfulness and ignorance of many riders. By the same reasoning, the lax enforcement of the public-health state, county, and local (Phoenix metropolitan area) laws by police and the respective governments on not only the bus company, but also grocery and department stores and restaurants/bars bore a high health cost given the condition of the local population. 



It was bad enough that the vast majority of bus drivers were not enforcing the mask policy in spite of the local law even though signs notifying passengers (and drivers) of the requirement were on the buses. On July 10, I discovered that at least one driver didn't think his company's policy and the law pertained to him. After he let on three passengers who were not wearing masks, I called Metro Valley's customer service number. Not surprisingly, no one from the company (e.g., the driver's supervisor) bothered to call the driver during the route. That too is typical, even though the customer service employees could see to it that someone from the company immediately calls the driver, whether he or she is not wearing a mask, enforcing the policy/law, or being verbally abusive toward paying customers. In May, I had tried calling the local police on a driver who was refusing to comply with the bus company's policy on 10 riders maximum on a standard-sized bus. "You have to call the bus company," the police dispatcher told me. "But the driver is breaking the physical distancing state law," I exclaimed, utterly astonished that a private company rather than a police department would be the only enforcer of the law. "You would have to contact the bus company," I heard again. The local police also tried to avoid enforcing the local laws on nighttime noise, so I was not surprised at the push-back itself. 
During my conversation with Oliver of the bus company in early July, I mentioned the company’s voice-message and the signs specifying that masks were required. “They are wrong,” he informed me. He even said he would change the voice-message; I was not surprised at all a week later to hear the same phone-recording that masks were required. Oliver believed that he could not be wrong even though people could die as a result. So I wrote to the city of Phoenix and the local press on the conversation. Although Oliver had no reason to fear being held accountable, given the company’s squalid management cadre, I suspect that the city may have come down on the bus company for telling customers that wearing masks is merely recommended due to there being exceptions. For a week or more later, the bus company's customer service employees were no longer telling riders that drivers do not enforce what is a recommendation. Even so, drivers were still not complying, even though the company was finally taking its own signs and voice-recording seriously. 
Despite complaints from paying customers for some time on driver hostility and bad driving (e.g., abrupt stops), the management had failed to solve those two problems. In part, the drivers’ union was too strong, but the city of Phoenix and the suburbs were not good at holding the regional transit authority accountable. So I was not surprised in early July, 2020 when a bus driver became enraged when I called customer service to report that masks were not being worn by about half of the riders, and the driver was ignoring the company’s policy on the ten-passengers maximum on a regular-sized bus. With 17 riders on the bus, physical distancing was not possible, which made the non-compliance on masks particularly risky. Fortunately, the customer service representative also heard the driver’s shouts. In going after me rather than having enforced the policies (and laws) in the first place, that driver demonstrated to me why things were out of control in Arizona with regard to the pandemic. The driver was certainly out of control mentally, and his refusal not to enforce bus-company policies with impunity means that his company was out of control managerially. By implication, the city governments in the metropolitan area were falling short in holding the regional transit authority accountable.


By early July, 2020, I noticed that the riff-raff (i.e., rules don't apply to me) on the buses were developing a sub-culture wherein masks were to either not be worn at all or just cover the chin. Because the buses are so unreliable there, the riff-raff make up the vast majority of the ridership. Even so, drivers were not enforcing the mask requirement on that ridership, which one driver confided to me is generally viewed as pathetic by the drivers. Is not a refusal to enforce a requirement also pathetic? Does this not liken the drivers to their typical ridership? Signs on the buses continued to declare that the masks are mandatory, and the drivers continued to dismiss their duty to enforce that company policy. As evidence for this investigation, I took a photo of a rider as he was dozing off; he was wearing his mask to cover his chin only. 

When this passenger got off the bus, he put his bandana on even though no one else was on the sidewalk. 

As I turned back around, I saw the driver shaking one of her fingers at me as if she were scolding a child. It is legal to take pictures on the buses and light rail in Arizona, and yet the driver felt sufficiently emboldened in her refusal to enforce the policy that she called her supervisor and took a picture of me!  Rather than realize that she had failed to enforce a requirement, she directed her hostility to me. Generalizing, given all the reports of driver hostility toward passengers, the drivers who refused to enforce company policy not only felt entitled to do so, but also aggressively went after the paying customers who felt that the drivers should be held accountable because they were putting the health of those customers at risk. Sadly, given the continued bad driving and driver-hostility generally, I could conclude that the company’s management was lax (i.e., incompetent) on holding its drivers (and bus operating subcontractors) accountable.
It is interesting that at least some retail companies, bar/restaurants, and bus companies in Arizona gave up on enforcing their own respective policies (and any underpinning laws), while Airlines, libraries, medical clinics, and hospitals had no such problem. It is not surprising that NBC News would find that things are out of control in Arizona regarding the pandemic. It is ironic that such a heavily-policed state, where intimidation from a huge police show of force/presence is presumed to be the best deterrent to crime, would be so deficient on enforcement even during a crisis. Perhaps views of the national news could finally see just how pathetic the situation in Arizona really was, and likely will be for some time.
Theists, ecologists, and ethicists could agree that a pandemic taking a particularly dire toll on such a people would make sense. Theists could point to God’s disfavor on the selfishness, lack of consideration for others’ health, refusal to do one’s duty in enforcing public-health business policies and governmental laws, and hostility. The same rationale would support a variant on the Biblical story of Noah—this time with God extinguishing our species for having refused to sufficiently stave off carbon-induced climate change. Naturalists could paint a picture of a selfish, inconsiderate people being especially prone to a pandemic. Nature abhors weakness, and thus a weak people. Ethicists might say that it is just that people who refuse to enforce policies or laws protecting the public health during a crisis catch the virus themselves. Similarly, bus passengers and retail customers whose risky behavior puts others at risk could be said to deserve to suffer the plight themselves. They would doubtless disagree, and they would insist that they could not be wrong about it, as if they were gods on stilts during a flood.


1. David Hochman, “Alan Alda Is Obsessed with the Power of Science,” AARP: The Magazine, June/July, 2020.

Wednesday, June 17, 2020

A Tale of Two Republics: Arizona and California during the Coronavirus Pandemic

An educated and virtuous citizenry is essential for a republic to endure, Thomas Jefferson and John Adams, two former U.S. presidents and rivals, agreed in an exchange of letters. Interestingly, both men died on July 4, 1826. Of course, the vote on independence had occurred on July 3, 1776 and the Declaration was signed over weeks rather than dramatically on July 4, 1776. Unfortunately, false narratives can take on a life of their own. Another example involves the U.S.'s "sun-belt" states, whose surging popularity from the 1980s at least through 2020 has masked the true conditions of the underlying cultures. Maricopa county, in which Phoenix, Arizona is located, was in the top 10 nationally for numeric increases in population from 2010 to 2020. Lest it be supposed that that county improved, a survey in July, 2019 listed Arizona as 49th out of the 50 States on elementary education (K-12th grade). 
Relatedly, Arizona's Medicaid system had a sordid reputation in terms of how well the subcontracting companies and non-profits managed themselves and were held accountable. As of 2020, Arizona still had a significant number of ideological voters who believed that Medicaid was a form of sordid socialism, which unjustly had taken the place of horrid communism. Because Medicaid had become the unwanted step-child in that political culture that still boasted that "taxes are theft," tight budgets and the State's bad education system resulted in subcontracting organizations, including medical clinics, conveniently embellishing their low-wage employees. Reports emerged of nurse-practitioners claiming to have the same training as physicians and even specialists such as psychiatrists and dermatologists, and of counselors misrepresenting themselves as being synonymous with therapists. In fact, Arizona's Medicaid tumor even reduced mental health to behavioral health so the cheaper behavior-trained counselors rather than therapists could be hired and relied upon. 
Furthermore, the organizations in Arizona receiving most or all of their funding from public-aid agencies like Housing and Urban Development (HUD) and Medicaid were reputed to suffer from administrative incompetence without much accountability from either of those two government agencies. It was quite strange to read of the non-profit organizations and companies, including medical clinics, refer to themselves as agencies. Such lying with impunity also served to dissimulate any criticism of administrative incompetence. That low-class sub-culture of dependent organizations could count on the low education level in the state and its notable anti-science (and anti-intellectualism) ideology not to know better. In fact, no one would be likely to push-back on the Medicaid employees in the state who mispronounce the technocratic acronym for the state's Medicaid program, AHCCCS, as access rather than ah-kehs. In Arizona, the letter C is not hard (like a K) if an S follows, rather than just an E or I. You're wrong, ignorance that can't be wrong has the gall to say. You're wrong, I don't need to keep six-feet away from people. You're wrong, my people don't need enforceable government orders. Relative to California, we could rightly expect that Arizona would botch its management of the coronavirus pandemic in 2020. 
The same ideology that compromises Medicaid at the ballot-box resists government itself, and thus any of its constraints, including physical distancing and the wearing of masks in stores. The following statement from Anthony Fauci, director of the National Center for Allergies and Infectious Diseases, applies especially to Arizona: "One of the problems we face in the United States is that unfortunately, there is a combination of an anti-science bias that people are--for reasons that sometimes are, you know, inconceivable and not understandable--they just don't believe science and they don't believe authority."[1]
A poorly educated and bigoted citizenry may arrogantly dismiss the advice of public health officials like Fauci. In fact, in a local culture wherein strangers are generally known, especially to new-comers and visitors, to be noticeably aggressive in public and especially on public transportation, the ideological and/or badly educated residents may even lash out just for being asked to keep a certain distance or to put on a mask. 
At least in Phoenix, customers were not keeping six feet from each other in stores, including in the crowded grocery stores, in spite of the fact that the governor had ordered it. Employees and customers alike presumed to be immune from the store policies and the law. Both were left unenforced. From a management standpoint, this demonstrates gross incompetence, and from a Nietzschean standpoint, pathetic weakness. 
Therefore, I contend that the governor of Arizona, and the government of Phoenix, badly misjudged their own residents in March, 2020, especially in relying on businesses to enforce the governor's physical-distancing order on customers and even the managers' own employees. As against offenders generally, the governor left the physical-distancing order unenforceable! Nietzsche would say that such power is borne out of weakness. Even the governor's stay-at-home order was stated at the outset to be unenforceable. Issuing an executive order and saying that it will not be enforced turned the order into a guideline--something that was too weak for the ideologically anti-government residents (and there were many) in the Phoenix metropolitan area. It is my right to stand where I want, even if it means that I or other people get sick as a result. As Matt Shumway put it on Twitter, "No dog muzzles here. I value freedom and the U.S. Constitution as opposed to tyranny and rolling over and obeying simply because I'm told without questioning the narrative." Matt and many other Arizonans were not bothering to maintain a reasonable distance from other shoppers in stores, and the managers were looking the other way in spite of the governor's order. With such exaggeration and callous selfishness being a significant feature of the political culture there, only a foolish governor would place his reliance on the people to self-govern, or willingly enforce the order.  
As yet another data-point, a significant number of local bus drivers were ignoring the city council's guideline of a maximum of ten passengers on a regular-length bus. Why issue a health measure as a guideline when it is reasonable to assume that drivers of the sordid local bus company would abuse their driver discretion rather than regulate even unwilling passengers? Some of the local-creeper bus drivers, who were known generally to be hostile to their riff-raff ridership, used their discretion during the month of March (before the hot months!) to close all of the window-slits. Apparently those drivers did not believe in disbursing any virus enclosed onboard in the air. Ignorance and power, a toxic cocktail that is endemic in Arizona, do not exactly form a united front in combating a pandemic. In fact, viruses do remarkably well in dysfunctional cultures because the people are not adequately protected, given their conditions. Not even the local police were maintaining 6-feet on non-emergency (e.g., noise complaints) calls for service. 
California's government was more pro-active (and thus sensible) in March. The governor knew that enforcement of public-health measures is important even where the population is reasonably educated and not out to protest government measures even against a dangerous pathogen as instances of tyranny. Ironically, that government could have relied more on its people and companies than Arizona's government could have, and yet California's had the common sense to know that given the health threat, enforcement would still be needed. 
In early March, California health officials were urging companies (esp. tech) to have employees work from home, companies such as  Google, Apple, and Facebook complied, as did their respective employees. There was a general sense that this was important, and people listened.[2] In other words, people were being responsible. This suggests that they were capable of self-governing themselves, and they were sufficiently mature to recognize that they were not being subject to unconstitutional government control and thus did not need to feel the need to fight back by deliberately not complying. What a difference a border makes! 
Unlike Arizona’s stay at home order which came later and without enforcement, California’s first shelter-in-place order that applied first to a wide swath of Northern California including the Bay Area on March 16, came with enforcement. The California-wide order was issued on March 19; Californians could “not leave home except for essential things such as food, prescriptions, health care and commuting to jobs considered crucial.”[3] Crucially, this order was enforced too. Generally speaking, in issuing orders in a timely manner and enforcing them, California’s government was being responsible in being realistic, which is important even if people take the matter seriously.
To be sure, California was rapidly becoming a “hot spot” for the virus, whereas Arizona was not so designated. That California’s order was “one of the most draconian at the time,” hence exceeding measures in New York City, another hot-spot, suggests that the California Government was acting responsibly, even making the important assumption that enforcement would be needed even though people were taking it seriously. “Why people are praising San Francisco,” the mayor there said, “is because everyone here knew how important it was to follow instructions.”[4] Such maturity is essential for a properly working governmental system based on self-governance (i.e., the People over its government).
Whereas businesses in California undertook to enforce the distancing and lower maximum occupancy limits, store managers in the Phoenix metro area were openly admitting that they would not enforce even the store's own policies, even those that dovetailed with the governor's executive order (e.g., physical distancing). Managers of grocery stores refused even to enforce the policy (and law) on their own carefree employees. 
So in March, 2020, I predicted that Arizona would become a hot-spot. Certainly by mid-June, this had come to pass. In that month, Anthony Fauci, director of the U.S. National Institute of Allergy and Infectious Diseases, was still advising Americans to follow physical-distancing recommendations and wear masks in public, which includes in stores. As of June 13th, at least 13 States, including Arizona, were showing an upward trend in average daily cases--an increase of at least 10%--over "the previous seven days, according to an analysis of John Hopkins University data."[5] As in March, April, and May in Phoenix, I saw little if any physical distancing at the time in public, including on sidewalks and inside stores. 
A survey by the CDC released on June 12th indicates that close to 80% of Americans had self-isolated in May, and 74% had worn face-masks in public either always or often.[5] Arizona opened for business on May 15th in line with President Trump's wishes, whereas California's governor was more cautious. So the percentage of residents in the Phoenix metro who self-isolated could not have been anywhere near 80 percent. Judging from the stores, I would estimate that less than half of the people were wearing masks. Even this might be an over-estimate, considering that Arizona had more than its share of people who refused to weak masks out of an anti-government-control political ideology. Viruses do not walk around such ideologies. In fact, such people put themselves at risk to make political points. This is why I brought in the poor condition of primary education in Arizona. The anti-professional bias, also very much extant in the middle and lower socio-economic classes in Arizona, undoubtedly played a role in the dismissiveness of even the guidelines. 
In fact, if we can assume that the people nationally who were self-isolating and wearing masks in public in May were also careful to keep at a distance from other people in stores as well as in public otherwise, the practically non-existent physical-distancing being practiced in Phoenix contrary to the governor's order suggests that even in this respect Arizonans (including the store managers and employees!) were falling short relative to the national percentages. Hence Gov. Ducey's ineffectual approach, which included his faulty trust that businesses would enforce at least their own policies on not only customers, but also employees. At a press conference on June 17th, the governor declared that the virus was spiking again, and that he would leave it to the local governments whether to require face masks  . In his tone as he reminded businesses that they would be held accountable, I contend he subtly acknowledged that businesses such as grocery stores had not complied to his physical-distancing executive order in March and still in effect in June. I wonder if he realized just how pathetically many of his citizens had taken his heed on distancing. Arizona is not California, either in terms of citizenry or governance.


1. Jacqueline Howard and Veronica Stracqualursi," Fauci Warns of 'Anti-Science Bias' Being a Problem in US," CNN.com, June 18, 2020.
2. Ray Sanchez and Dan Simon, “What California Is Doing Right in Responding to the Coronavirus Pandemic,” CNN.com, April 3, 2020.
3. Ibid.
4. Ibid.
5. Madeline Holcombe, "Fauci Says Second Wave is 'Not Inevitable' as Coronavirus Cases Climb in Some States," CNN.com, June 13, 2020.
6. Ibid.