Standoff over red flag hearing continues in Maine Legislature, may go to court
Jun. 6—A partisan standoff over whether to hold a public hearing on a citizen-initiated red flag referendum is likely to stretch into next week's legislative sessions and could wind up in court.
Senate Minority Leader Trey Stewart, R-Presque Isle, tried late Thursday to force Democrats to schedule a public hearing on the referendum, proposing a series of floor motions in the Senate, all of which were rejected. He said Friday that he intends to introduce additional motions next week if Democrats still haven't agreed to hold a hearing on the initiative.
"I don't think this thing is over yet," Stewart said. "If I had to wager a bet, there are some other motions I'm intending to make when we get back next week, assuming they still haven't done the right thing."
The red flag proposal, if passed by voters, would make it easier to confiscate the guns of a person in crisis by allowing family members to initiate the process and by removing a required mental health evaluation. The proposal came forward in the wake of the mass shooting in Lewiston in October 2023 and is certain to generate intense debate over gun rights and restrictions ahead of the November vote.
Meanwhile, the impasse over a public hearing on the proposal has added to tensions at the State House as lawmakers are in the busy final days of the legislative session.
Republicans point to a 2019 law that requires public hearings for citizen initiatives that are headed toward statewide referendum votes, unless lawmakers formally vote to waive the requirement. Such hearings have been held on other citizen proposals, but not all: A 2021 citizen initiative never received a hearing or the required waiver and was still sent to referendum and passed by voters.
Democrats have so far not backed down, arguing in part that the Maine Constitution does not require the hearing and also citing legislative rules.
Gun rights supporters who are opposed to the referendum proposal are pointing to the state law and threatening legal action against Democratic leaders, with one top advocate saying Friday that they have attorneys drafting a lawsuit.
"When there's a state law on the books the Legislature can't just ignore it, so that will be the basis for the challenge," said David Trahan, executive director of the Sportsmen's Alliance of Maine, an advocacy group for gun owners and sportsmen that is working on the lawsuit.
Nacole Palmer, executive director of the Maine Gun Safety Coalition, which initiated the citizen's referendum, said in a written statement Friday that the group is "happy to debate this issue any time" and accused Republicans of playing "political tricks" by waiting until the end of the session to raise questions.
"Now the National Rifle Association has joined them, parachuting into our state to muddy our Democratic process," Palmer said. "While they are doing that, we are focusing on the next five months, where we will be having this conversation publicly, talking to voters throughout the state, and in November every Maine voter will have the chance to make their voices heard."
Citizens initiatives are brought forward by voters though a signature-gathering and application process. While the Legislature can choose to enact the proposals, they typically send them to statewide referendum votes.
Maine's Legislature held a public hearing last month on the only other citizen initiative currently pending. That proposal would require photo identification prior to voting in Maine and put new restrictions on absentee voting. It also is headed for a fall referendum vote.
Lawmakers also held a public hearing last year on the only citizen-initiated referendum they received in 2024, LD 2232, to limit contributions to political action committees that make independent expenditures. All four citizen initiatives in 2023 also received hearings.
Legislative records, however, show that no public hearing or vote to waive the hearing was held for an initiative in 2021 that was aimed at stopping the New England Clean Energy Connect transmission line through western Maine.
At a committee work session on that initiative, a legislative analyst did not address whether lawmakers needed to hold a public hearing but did note some unique circumstances. Two weeks after the initiative was handed to the Legislature, lawmakers adjourned and the bill was carried over to a special session.
Sen. Dick Bradstreet, R-Vassalboro, the sponsor of the 2019 law to require public hearings, said Friday that the circumstances of the 2021 case were different because lawmakers are supposed to hold the hearing in the same session in which they receive it and in that case they had just received the proposal when they ended up adjourning. He said the reason no hearing was held in 2021 was "kind of a technicality."
LD 1378, the bill resulting from the red flag citizen initiative, was transmitted to the Legislature on March 27, during the current session that's scheduled to end June 18.
"You really can't compare the two because in this case they're choosing not to have the hearing, even though the legal requirements are there," Bradstreet said. "Before, they could say they weren't in the same session. ... Now they're kind of flouting the law."
Bradstreet said he didn't recall any outcry over the lack of a public hearing on the 2021 measure, but said there was less knowledge of the relatively new law at the time.
He said he put forward the bill in 2019 because of a handful of initiatives that had been put forward around that time that were generating a lot of advertising.
DISCERNING FACT FROM FICTION
"I thought, 'How can people discern fact from fiction?'" Bradstreet said. "The only way to do that would be some type of hearing where people could question what the initiative does and what some repercussions would be, and where both sides would have a chance to present their arguments without the propaganda."
In a late-night session Thursday, Senate President Mattie Daughtry, D-Brunswick, rejected a proposal from Stewart to consider a formal waiver of the public hearing requirement to comply with state law, saying that his proposal was "not properly before the body."
Daughtry said the Legislature's rules take precedence over statutes passed by prior groups of lawmakers regarding legislative proceedings and that Stewart's motion was asking for lawmakers to take an "unnecessary vote" on the citizens initiative. Daughtry also noted that the initiative was still before the Judiciary Committee, where she said it could have further action.
A spokesperson for Daughtry and Sen. Anne Carney, D-Cape Elizabeth, the Senate chair of the committee, said Friday that they would not comment on the calls for a public hearing. Rep. Amy Kuhn, D-Falmouth, the House chair of the committee, did not respond to a voicemail message or email.
Trahan, from the Sportsmen's Alliance of Maine, said his group in conjunction with Gun Owners of Maine and the National Rifle Association will focus their lawsuit on the 2019 law and argue that lawmakers need to either hold the hearing or vote by a two-thirds majority to waive it. The group is also fundraising to support the effort.
Trahan said that just because lawmakers "got away with" not holding a hearing on the 2021 initiative, it does not mean it's not required in the law.
"Why don't they just make this easy and hold the public hearing?" he said. "There's nothing to hide. Good public discourse adds to the debate."
Copy the Story Link
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Fox News
27 minutes ago
- Fox News
Mayor of nation's 'best-run' city credits focus on responsible budgeting, public safety
The mayor of Provo, Utah, told Fox News Digital that Provo was ranked as the best-run city in a new survey because local government officials adhered to the fundamentals. "We've always believed in getting the basics right first and that's quality schools, safe neighborhoods, well-maintained roads and responsible budgeting," Provo Mayor Michelle Kaufusi told Fox News Digital after financial services company WalletHub touted her city this week. Kaufusi cited her work on public safety, noting it was a "top concern" for residents. "We're proud to boast that we have the fourth-lowest violent crime rate in the whole nation and the seventh-lowest property crime rate. And two years ago, we were voted the safest large city in the nation," Kaufusi said. "So all of those factors come into play. It seems to put the spotlight on us and that's what brings people to Provo. And we love it and [it] brings business and we're open for business. So we are really honored and really humbled that we got to be called out for this [honor] today." WalletHub attributed economic growth, low crime, low unemployment and clean roads to Provo's high ranking. The financial service added that Provo, which has more than 110,000 residents, also boasted the 22nd-best road quality in the country. WalletHub reported it measured the "effectiveness of local leadership" by "determining a city's operating efficiency." Each city was given a "Quality of Services" score based on 36 metrics that were grouped into six service categories, including financial stability, education, health, safety, economy, and infrastructure and pollution. These were measured against the city's per capita budget. The cities that ranked low on WalletHub's list had high crime rates, including San Francisco, which came in as the worst-run on the list of 148 cities. WalletHub writer and analyst Chip Lupo told Fox News Digital that "Provo is a great example of what can happen when city leaders listen to their residents." "The mayor mentioned that public safety is a top priority, and the results speak for themselves. Provo has some of the lowest violent and property crime rates in the country, and that was a key factor in Provo's ranking as the best-run city in our study," Lupo said. "Public safety is essentially the foundation for everything else in any city. When people feel safe, they're more likely to engage in their community, support local businesses, and take advantage of public services. Provo shows that you can prioritize safety and still manage your budget well. It's a great model for other cities looking to improve how they serve their residents."
Wall Street Journal
36 minutes ago
- Wall Street Journal
The Trump-Era Rollback of Transgender Rights Is Gaining Steam
Voters in at least 10 states have elected a transgender person to their legislature. A transgender man has argued a case before the Supreme Court. Last year, the first transgender woman was elected to Congress. Transgender people have become visible in ways that were unthinkable five years ago, a development that advocates thought would generate more societal acceptance. And yet, the political and legal tides are shifting in a different direction.
Yahoo
36 minutes ago
- Yahoo
I'm exhausted by attempts to pretend discrimination doesn't exist in America
You know what I'm tired of? The MAGA movement twisting and co-opting language used to help Americans cope with racism and turning it back on them. The latest example is "Black fatigue." In 2020, author Mary-Frances Winters defined the term in her book of the same name, describing it as a form of psychological and emotional exhaustion from persistent racism and microaggressions. This fatigue can impact one's mental and spiritual well-being, and if left unaddressed, it could also affect physical health and shorten life expectancy. Today, the term has been co-opted by the right – and even people unwittingly using it against themselves. For instance, when five girls attack a woman at the opening night of the Milwaukee Night Market, it is labeled "Black fatigue." When some boys drive recklessly in a stolen car, it is also called "Black fatigue." When a 39-year-old man is arrested in the shooting of a Milwaukee police officer, you guessed it. I reached out to Winters, 74, who said she was not surprised to learn the MAGA crowd had co-opted the term. However, she is disheartened that some are using it against their fellow African Americans. Opinion: I remember my first Juneteenth. It's more than a Black holiday. While it's understandable for people to feel frustrated and speak out when they witness something bad happen, it's important to recognize that no single group has a monopoly on bad behavior. The bigger question is why do Black people often find themselves under greater scrutiny? I believe we know the answer to that. This disparity is precisely why Winters coined the term in the first place, capturing the struggles faced by the Black community in a world that is quick to pass judgment. Ironically, the movement co-opting the term is the one inflicting the pain by pretending bigotry doesn't exist by President Donald Trump's attempt to erase diversity, equity and inclusion programs. Opinion: Trump worries more about South Africa's nonexistent genocide than real US racism When Winters' book was released, America was grappling with a global pandemic and confronting systemic racism after the death of George Floyd at the hands of Minneapolis police officer Derek Chauvin, who sparked nationwide protests. When she was writing the book, many expressed to Winters, the founder and CEO of The Winters Group, Inc., a 40-year-old global organization development and DEI consulting firm, that they felt exhausted by microaggressions, conveying a sense of pressure to excel at work but thought they were only making minimal progress. Think of it as constantly walking on a new carpet. Over time, you don't realize how the fibers are worn down until you compare before-and-after pictures and see how your repeated steps have diminished the carpet's beauty. That's what racism does. Since Trump took office again, Winters noted that real Black fatigue has intensified due to his rhetoric and policies, which have escalated racial tensions and eroded civil rights protections, further compounding a long history of unacknowledged, unaddressed racism and discrimination. 'He's hurting people. Just think about all the government jobs that have been eliminated," Winters said. "A lot of those employees were Black men and women who now must figure out what they want to do." There are dozens of videos online featuring people discussing the co-opted concept of Black fatigue, and to be honest, it makes me angry. It's not surprising, though, as there are even more videos and websites seemingly dedicated to showcasing the worst behaviors. Sites like and 'Ghetto Fights' often highlight instances of fighting, or just being unkind to each other. Given that our country is so hypersegregated, it's no wonder that people watch these clips and conclude this is representative. And the thing that is so tiring is how the term has been twisted so silently. Opinion alerts: Get columns from your favorite columnists + expert analysis on top issues, delivered straight to your device through the USA TODAY app. Don't have the app? Download it for free from your app store. Dynasty Ceasar, a local community activist who has studied race and racism, was unaware that the definition had changed. She described the issue as 'complex and sensitive,' making it difficult to grasp. 'We need to be mindful of the impact of such statements and avoid language that reinforces negative stereotypes or internalizes racism,' Ceasar said. It's important to clarify that I'm not suggesting that Black people should avoid accountability for their negative actions. What I mean is that everyone, regardless of their race, should be held accountable for their actions but should not be subjected to a different standard than anyone else. When I spoke to Winters, I had to be entirely transparent and shared with her that I had inadvertently fallen into the trap. I shared an incident I witnessed while shopping at Plato's Closet, a resale shop in Greenfield. I was about to buy some shoes when I noticed an elderly White woman with her grandson. She was purchasing a pair of sunglasses for him, and I let them skip ahead of me in line because her grandson was very antsy. While we were waiting, a Black woman was selling some shoes and seemed unhappy with what was being offered to her. When the cashier called for the next customer, the older woman accidentally bumped into her, which sparked a verbal altercation. The Black woman began cursing, expressing her frustration about people who bump into her without saying "excuse me." Although the older woman apologized, it only seemed to escalate the situation, as the woman continued to curse and insult her. After both women left the store, several employees asked what had just happened, and I felt compelled to explain the situation. After the incident, I called my cousin and mentioned that I had experienced "Black fatigue" because I felt that the woman's behavior was out of line. My cousin told me that I was misusing the term. Winters and Ceasar both agreed that racism is rarely the result of a single action; it is much more complex than that. While they did not condone the actions of the woman for shouting, Ceasar acknowledged that her outburst might have stemmed from the many times she had been ignored, overlooked as if she did not exist, or made to feel devalued. If Black fatigue can negatively impact on a person's mind, body and spirit, it can also lead to diminished emotional well-being, sometimes manifesting as outbursts to seek acknowledgment. If you find yourself using the term to express disappointment about something bad happening in the world, take a moment to consider how you express that. If your feelings are not specifically related to race, then your fatigue may not be about racial issues at all. It might be about human nature. However, if you believe that only Black people are capable of negative actions and continue to use the term in that context, it might be necessary to reflect on your own biases. That's what I'm tired of. James E. Causey is an Ideas Lab reporter at the Milwaukee Journal Sentinel, where this column originally appeared. Reach him at jcausey@jrnhttps:// or follow him on X: @jecausey You can read diverse opinions from our USA TODAY columnists and other writers on the Opinion front page, on X, formerly Twitter, @usatodayopinion and in our Opinion newsletter. This article originally appeared on Milwaukee Journal Sentinel: Trump, MAGA pretend Black fatigue is something it's not | Opinion
