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Colorado Legal Settlement Would Up Care and Housing Standards for Trans Women Inmates

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Moe K. Clark
Fri, 02 Feb 2024 10:00:00 +0000

DENVER — Taliyah Murphy received a letter in early 2018 about a soon-to-be-filed class-action lawsuit brought on behalf of transgender women like her who were housed in men's prisons in Colorado. It gave her hope.

Murphy and other trans women in Colorado had faced years of sexual harassment and often violence from staff members and fellow people. They were denied requests for safer housing options and medical treatment, surgery, for gender dysphoria, the psychological distress that some trans people experience because of the incongruence between their sex assigned at birth and their gender identity, according to the lawsuit.

“We were targets for victimizing, whether it was sexual assault, extortion, you name it,” said Murphy, who was released from prison in 2020. Most of the time, she added, “The guards just looked the other way.”

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A historic legal settlement called a consent decree, expected to be finalized by early March, would establish two new voluntary housing units for incarcerated trans women, making Colorado the first to offer a separate unit, according to attorneys in the case. A federal law states such units are prohibited unless court-ordered. The plan outlined in the agreement, which received preliminary approval last fall, would mandate the Colorado Department of Corrections pay a $2.15 million settlement to affected trans women; update its protocols and staff training; improve medical and mental ; limit cross-gender searches from correctional officers; and require corrections staff to use correct names and pronouns for trans women inmates.

A state judge held a hearing on the consent decree on Jan. 4 and is expected to finalize it by early March, after she granted an extension to allow more incarcerated women to be notified of the settlement. Approximately 400 currently or formerly incarcerated trans women are eligible to be beneficiaries.

Housing assignments in U.S. prisons are nearly exclusively based on a person's anatomy, despite a federal law outlining that the safety concerns of trans people should be taken into consideration when determining placement. That's because they are significantly more likely than inmates who are not trans to be sexually or physically assaulted while incarcerated.

“It's like putting targets on their back,” said Paula Greisen, the civil rights lawyer who filed the class-action lawsuit in 2019 alongside the California-based Transgender Law Center.

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The U.S. Department of Justice found in 2014 that incarcerated trans people are much more likely to experience sexual violence behind bars from staff members and other incarcerated people, with 35% of trans inmates surveyed reporting having been assaulted in the previous 12 months. A 2007 study of trans women in California prisons found that 59% reported having been sexually assaulted during their incarceration, a rate 13 times higher than for others housed in prisons.

Colorado's case comes amid a growing number of lawsuits across the country aimed at improving access to gender-affirming care and safety for incarcerated trans people. In a landmark 1994 case, the U.S. Supreme Court ruled that prison ' “deliberate indifference” to a prisoner's safety concerns violates the Eighth Amendment's “cruel and unusual punishments” clause. Since then, incarcerated trans people have won legal cases against prison administrators in Washington, Georgia, California, and Idaho.

And while a handful of states, including Colorado, have written policies regarding gender-affirming care and surgery, the barriers to accessing care are often insurmountable — an issue the consent decree hopes to address. California became the first state to establish policies on gender-affirming medical care in prisons, providing gender-affirming surgery starting in 2017. In 2019, a three-judge panel ruled that the state of Idaho was required to perform a surgery officials had previously denied. One incarcerated person in Colorado has had gender-affirming surgery, according to a Department of Corrections spokesperson.

The Constitution requires jails and prisons to provide the same standard of care available in the community, said Matthew Murphy, an assistant professor of medicine and behavioral sciences at Brown University and a physician who oversees gender-affirming clinical care for the Rhode Island Department of Corrections. (Matthew and Taliyah are not related.)

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“With and private insurance increasingly covering gender-affirming care,” he said, “there's a growing precedent.”

There were 148 trans women housed in Colorado prisons as of December, according to a Department of Corrections spokesperson, with nine trans women residing in women's facilities. Before 2018, trans women were housed exclusively with men. The class-action lawsuit relates only to trans women and does not include trans men, nonbinary people, or intersex people.

The lawsuit was filed after a young trans woman who had previously been housed with girls in a juvenile facility was transferred to an adult men's prison, where she was brutally raped. Her numerous requests to be housed with other women, citing safety concerns, had been denied. After taking on the woman's case, Greisen quickly stumbled upon many more trans women who had experienced similar violence. She contacted the Colorado attorney general's office and governor's office, but little changed, prompting her to file the class action.

“The Department of Corrections in every state — it's like to turn around the Titanic. There's so much bureaucracy,” Greisen said. “You often have to sue to get their attention.”

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The World Professional Association for Transgender Health, the leading professional organization that sets standards for the medical treatment of people with gender dysphoria, recommends an “informed consent model” that allows to pursue gender-affirming care, including surgery, without having to undergo extensive psychological counseling.

But Colorado's prison system, like many across the country, doesn't adhere to those standards. Current corrections department policies require trans women to receive multiple recommendation letters from medical and mental health providers to be considered for transition-related surgery. Often, prisons offer gender-affirming care “on paper” but lack qualified providers, making the care impossible to get, according to Matthew Murphy.

That was the case for Taliyah Murphy, who pursued gender-affirming surgery twice during her incarceration. Murphy went to prison in 2009, after a conviction resulting from an altercation with her abusive boyfriend, according to the lawsuit. Her sentence was reduced in 2013, she said.

In 2019, she finally received a recommendation for surgery to treat her gender dysphoria from a corrections department psychiatrist. But she was told that her other medical providers didn't have the necessary training to evaluate her, according to the lawsuit, which halted the process. She received surgical treatment only after her release from prison in 2020, she said.

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Gender dysphoria, left untreated, can result in depression, anxiety, thoughts of self-harm, and suicidality — all of which already affect trans people disproportionately because of the discrimination, stigma, and other social stressors they face. “Those things are generally resolved, or improved at least, by undergoing gender-affirming clinical care — whether that's medical, procedural, or surgical,” Matthew Murphy said.

But prison are dragging their feet in providing treatment, he said, and a national shortage of gender-affirming care providers and surgeons makes matters worse.

“And so, people are then forced to go to the courts,” he said.

The consent decree will create two new voluntary housing options for trans women incarcerated in Colorado to better meet their specific needs and improve their safety.

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A voluntary 100-bed transgender unit, whose development is already underway, will be on the grounds of the men's Sterling Correctional Facility. For those approved to move to the women's prison, they will spend a few months in the 44-bed integration unit outlined in the consent decree.

That adjustment time will be critical for both the cisgender women already housed in the women's prison and the trans women who are likely leaving traumatic situations in the men's prisons, said Shawn Meerkamper, senior staff attorney for the Transgender Law Center, who worked on the case.

“We have seen in other places when folks are just dropped in a really new , it can be a sink-or-swim situation,” Meerkamper added.

Eligibility for the units would be decided on a case-by-case basis by a committee, including medical and psychiatric experts trained in gender-affirming care as well as prison officials, according to the settlement. But regardless of placement, Colorado's corrections department would still be legally required to provide trans women adequate mental and physical health care.

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“Trans women should not be forced to go to the trans unit or to a women's prison if that's not what they want,” Meerkamper said. “And they cannot be punished or retaliated against for refusing to go.”

In response to the lawsuit, the Department of Corrections has hired an independent medical expert from Denver Health, as well as a gender-affirming care specialist, to help oversee requests for housing assignments and surgical consults.

Taliyah Murphy hopes the new housing units and improved access to gender-affirming care will allow incarcerated trans women to focus less on safety and survival and more on rehabilitation and planning their lives outside prison walls.

“We want them to leave better off than they came in and get the care they need,” said Murphy, who is now a small-business owner in Colorado Springs and is pursuing her bachelor's degree in finance and accounting. “That's what this is all about.”

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——————————
By: Moe K. Clark
Title: Colorado Legal Settlement Would Up Care and Housing Standards for Trans Women Inmates
Sourced From: kffhealthnews.org/news/article/transgender-trans-women-colorado-prisons-consent-decree-housing/
Published Date: Fri, 02 Feb 2024 10:00:00 +0000

Kaiser Health News

AC, Power Banks, Mini Fridges: Oregon Equips Medicaid Patients for Climate Change

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Samantha Young
Wed, 01 May 2024 06:00:00 +0000

Oregon is shipping air conditioners, air purifiers, and power banks to some of its most vulnerable residents, a first-in-the-nation experiment to use Medicaid money to prevent the potentially deadly health effects of extreme heat, wildfire smoke, and other climate-related disasters.

The equipment, which started going out in March, expands a Biden administration strategy to move Medicaid beyond traditional medical care and into the realm of social services.

At least 20 states, California, Massachusetts, and Washington, already direct billions of Medicaid dollars into programs such as helping homeless people get housing and preparing healthy meals for people with diabetes, according to KFF. Oregon is the first to use Medicaid money explicitly for climate-related costs, part of its five-year, $1.1 billion effort to address social needs, which also includes housing and nutrition .

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State and federal health officials hope to show that taxpayer money and lives can be saved when investments are made before disaster strikes.

“Climate change is a issue,” so helping Oregon's poorest and sickest residents prepare for potentially dangerous heat, drought, and other extreme weather makes sense, said Health and Human Services Secretary Xavier Becerra on a visit to Sacramento, California, in early April.

Becerra said the Biden administration wants states to experiment with how best to improve patient health, whether by keeping someone housed instead of homeless, or reducing their exposure to heat with an air conditioner.

But Medicaid's expansion into social services may duplicate existing housing and nutrition programs offered by other federal agencies, while some needy Americans can't get essential medical care, said Gary Alexander, director of the Medicaid and Health Safety Net Reform Initiative at the Paragon Health Institute.

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“There are 600,000 or 700,000 intellectually disabled people in the United States waiting for Medicaid services. They're on a waitlist,” said Alexander, who oversaw state health agencies in Pennsylvania and Rhode Island. “Meanwhile Medicaid has money for housing and food and air conditioners for recipients. Seems to me that we should serve the intellectually disabled first before we get into all of these new .”

Scientists and public health officials say climate change poses a growing health risk. More frequent and intense floods, droughts, wildfires, extreme temperatures, and storms cause more deaths, cardiovascular disease from poor air quality, and other problems, according to the federal government's Fifth National Climate Assessment.

The mounting health effects disproportionately hit low-income Americans and people of color, who are often covered by Medicaid, the state-federal health insurance program for low-income people.

Most of the 102 Oregonians who died during the deadly heat dome that settled over the Pacific Northwest in 2021 “were elderly, isolated and living with low incomes,” according to a report by the Oregon Health Authority, which administers the state's Medicaid program, with about 1.4 million enrollees. The OHA's analysis of urgent care and emergency room use from May through September of 2021 and 2022 found that 60% of heat-related illness visits were from residents of areas with a median household income below $50,000.

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“In the last 10-plus years, the amount of fires and smoke events and excessive heat events that we've had has shown the disproportionate impact of those events on those with lower incomes,” said Dave Baden, the OHA's deputy director for programs and policy.

And, because dangerously high temperatures aren't common in Oregon, many residents don't have air conditioning in their homes.

Traditionally, states hit by natural disasters and public health emergencies have asked the federal government for permission to spend Medicaid dollars on back-up power, air filters, and other equipment to help victims recover. But those requests came after the fact, federal emergency declarations.

Oregon wants to be proactive and pay for equipment that will help an estimated 200,000 residents manage their health at home before extreme weather or climate-related disaster hits, Baden said. In addition to air conditioning units, the program will pay for mini fridges to keep medications cold, portable power supplies to run ventilators and other medical devices during outages, space heaters for winter, and air filters to improve air quality during wildfire season.

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In March, the Oregon Health Plan, the state's Medicaid program, began asking health insurers to find patients who might need help coping with extreme weather. Recipients must meet federal guidelines that categorize them as “facing certain transitions,” a stringent set of requirements that disqualify most enrollees. For example, a person with an underlying medical condition that could worsen during a heat wave, and who is also at risk for homelessness or has been released from prison in the past year, could an air conditioner. But someone with stable housing might not qualify.

“You could be in a housing complex, and your neighbor qualified for an air conditioner and you didn't,” Baden said.

At the offices of insurer AllCare Health in Grants Pass, Oregon, air conditioners, air filters, and mini fridges were piled in three rooms in mid-April, ready to be handed over to Medicaid patients. The health plan provided equipment to 19 households in March. The idea is to get the supplies into people's homes before the summer fire season engulfs the valley in smoke.

Health plans don't want to find themselves “fighting the masses” at Home Depot when the skies are already smoky or the heat is unbearable, said Josh Balloch, AllCare's vice president of health policy.

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“We're competing against everybody else, and you can't find a fan on a hot day,” he said.

Oregon and some other states have already used Medicaid money to buy air conditioners, air purifiers, and other goods for enrollees, but not under the category of climate change. For example, California offers air purifiers to help asthma patients and New York just won federal approval to air conditioners to asthma patients.

Baden said Oregon health officials will evaluate whether sending air conditioners and other equipment to patients saves money by looking at their claim records in the coming years.

If Oregon can help enrollees avoid a costly to the doctor or the ER after extreme weather, other state Medicaid programs may ask the federal government if they can adopt the benefit. Many states haven't yet used Medicaid money for climate change because it affects people and regions differently, said Paul Shattuck, a senior fellow at Mathematica, a research organization that has surveyed state Medicaid directors on the issue.

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“The health risks of climate change are everywhere, but the nature of risk exposure is completely different in every state,” Shattuck said. “It's been challenging for Medicaid to get momentum because each state is left to their own devices to figure out what to do.”

A California state lawmaker last year introduced legislation that would have required Medi-Cal, the state's Medicaid program, to add a climate benefit under its existing social services expansion. The program would have been similar to Oregon's, but AB 586, by Assembly member Lisa Calderon, died in the Assembly Appropriations Committee, which questioned in a staff analysis whether “climate change remediation supports can be defined as cost-effective.”

The cost savings are clear to Kaiser Permanente. After the 2021 heat wave, it sent air conditioners to 81 patients in Oregon and southwest Washington whose health conditions might get worse in extreme heat, said Catherine Potter, community health consultant at the health system. The following year, Kaiser Permanente estimated it had prevented $42,000 in heat-related ER visits and $400,000 in hospital admissions, she said.

“We didn't used to have extreme heat like this, and we do now,” said Potter, who has lived in the temperate Portland area for 30 years. “If we can prevent these adverse impacts, we should be preventing them especially for people that are going to be most affected.”

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This article was produced by KFF Health News, which publishes California Healthline, an editorially independent service of the California Health Care Foundation. 

——————————
By: Samantha Young
Title: AC, Power Banks, Mini Fridges: Oregon Equips Medicaid Patients for Climate Change
Sourced From: kffhealthnews.org//article/oregon-medicaid-patients-climate-benefits/
Published Date: Wed, 01 May 2024 06:00:00 +0000

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WHO Overturns Dogma on Airborne Disease Spread. The CDC Might Not Act on It.

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Amy Maxmen
Wed, 01 May 2024 09:00:00 +0000

The World Organization has issued a that transforms how the world understands respiratory infections like covid-19, influenza, and measles.

Motivated by grave missteps in the pandemic, the WHO convened about 50 experts in virology, epidemiology, aerosol science, and bioengineering, among other specialties, who spent two years poring through the evidence on how airborne viruses and bacteria spread.

However, the WHO report short of prescribing actions that governments, hospitals, and the public should take in response. It remains to be seen how the Centers for Disease Control and Prevention will act on this information in its own guidance for infection control in health care settings.

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The WHO concluded that airborne transmission occurs as sick people exhale pathogens that remain suspended in the air, contained in tiny particles of saliva and mucus that are inhaled by others.

While it may seem obvious, and some researchers have pushed for this acknowledgment for more than a decade, an alternative dogma persisted — which kept health authorities from saying that covid was airborne for many months into the pandemic.

Specifically, they relied on a traditional notion that respiratory viruses spread mainly through droplets spewed out of an infected person's nose or mouth. These droplets infect others by landing directly in their mouth, nose, or eyes — or they get carried into these orifices on droplet-contaminated fingers. Although these routes of transmission still happen, particularly among young children, experts have concluded that many respiratory infections spread as people simply breathe in virus-laden air.

“This is a complete U-turn,” said Julian Tang, a clinical virologist at the University of Leicester in the United Kingdom, who advised the WHO on the report. He also helped the agency create an online tool to assess the risk of airborne transmission indoors.

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Peg Seminario, an occupational health and safety specialist in Bethesda, Maryland, welcomed the shift after years of resistance from health authorities. “The dogma that droplets are a major mode of transmission is the ‘flat Earth' position now,” she said. “Hurray! We are finally recognizing that the world is round.”

The change puts fresh emphasis on the need to improve ventilation indoors and stockpile quality face masks before the next airborne disease explodes. Far from a remote possibility, measles is on the rise this year and the H5N1 bird flu is spreading among cattle in several states. Scientists worry that as the H5N1 virus spends more time in mammals, it could evolve to more easily infect people and spread among them through the air.

Traditional beliefs on droplet transmission explain why the WHO and the CDC focused so acutely on hand-washing and surface-cleaning at the beginning of the pandemic. Such advice overwhelmed recommendations for N95 masks that filter out most virus-laden particles suspended in the air. Employers denied many health care workers access to N95s, insisting that only those routinely working within feet of covid needed them. More than 3,600 health care workers died in the first year of the pandemic, many due to a lack of protection.

However, a committee advising the CDC appears poised to brush aside the updated science when it to its pending guidance on health care facilities.

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Lisa Brosseau, an aerosol expert and a consultant at the Center for Infectious Disease Research and Policy in Minnesota, warns of a repeat of 2020 if that happens.

“The rubber hits the road when you make decisions on how to protect people,” Brosseau said. “Aerosol scientists may see this report as a big win because they think everything will now follow from the science. But that's not how this works and there are still major barriers.”

Money is one. If a respiratory disease spreads through inhalation, it means that people can lower their risk of infection indoors through sometimes costly methods to clean the air, such as mechanical ventilation and using air purifiers, and wearing an N95 mask. The CDC has so far been reluctant to press for such measures, as it updates foundational guidelines on curbing airborne infections in hospitals, nursing homes, prisons, and other facilities that health care. This year, a committee advising the CDC released a draft guidance that differs significantly from the WHO report.

Whereas the WHO report doesn't characterize airborne viruses and bacteria as traveling short distances or long, the CDC draft maintains those traditional categories. It prescribes looser-fitting surgical masks rather than N95s for pathogens that “spread predominantly over short distances.” Surgical masks block far fewer airborne virus particles than N95s, which cost roughly 10 times as much.

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Researchers and health care workers have been outraged about the committee's draft, filing letters and petitions to the CDC. They say it gets the science wrong and endangers health. “A separation between short- and long-range distance is totally artificial,” Tang said.

Airborne viruses travel much like cigarette smoke, he explained. The scent will be strongest beside a smoker, but those farther away will inhale more and more smoke if they remain in the room, especially when there's no ventilation.

Likewise, people open windows when they burn toast so that smoke dissipates before filling the kitchen and setting off an alarm. “You think viruses stop after 3 feet and drop to the ground?” Tang said of the classical notion of distance. “That is absurd.”

The CDC's advisory committee is comprised primarily of infection control researchers at large hospital , while the WHO consulted a diverse group of scientists looking at many different types of studies. For example, one analysis examined the puff clouds expelled by singers, and musicians playing clarinets, French horns, saxophones, and trumpets. Another reviewed 16 investigations into covid outbreaks at restaurants, a gym, a food processing factory, and other venues, finding that insufficient ventilation probably made them worse than they would otherwise be.

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In response to the outcry, the CDC returned the draft to its committee for , asking it to reconsider its advice. Meetings from an expanded working group have since been held privately. But the National Nurses United union obtained notes of the conversations through a public records request to the agency. The records suggest a push for more lax protection. “It may be difficult as far as compliance is concerned to not have surgical masks as an option,” said one unidentified member, according to notes from the committee's March 14 discussion. Another warned that “supply and compliance would be difficult.”

The nurses' union, far from echoing such concerns, wrote on its website, “The Work Group has prioritized employer costs and profits (often under the umbrella of ‘feasibility' and ‘flexibility') over robust protections.” Jane Thomason, the union's lead industrial hygienist, said the meeting records suggest the CDC group is working backward, molding its definitions of airborne transmission to fit the outcome it prefers.

Tang expects resistance to the WHO report. “Infection control people who have built their careers on this will object,” he said. “It takes a long time to change people's way of thinking.”

The CDC declined to comment on how the WHO's shift might influence its final policies on infection control in health facilities, which might not be completed this year. Creating policies to protect people from inhaling airborne viruses is complicated by the number of factors that influence how they spread indoors, such as ventilation, temperature, and the size of the .

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Adding to the complexity, policymakers must weigh the toll of various ailments, ranging from covid to colds to tuberculosis, against the burden of protection. And tolls often depend on context, such as whether an outbreak happens in a school or a cancer ward.

“What is the level of mortality that people will accept without precautions?” Tang said. “That's another question.”

——————————
By: Amy Maxmen
Title: WHO Overturns Dogma on Airborne Disease Spread. The CDC Might Not Act on It.
Sourced From: kffhealthnews.org/news/article/airborne-disease-transmission-who-cdc-new-evidence/
Published Date: Wed, 01 May 2024 09:00:00 +0000

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Toxic Gas Adds to a Long History of Pollution in Southwest Memphis

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Andy Miller
Tue, 30 Apr 2024 09:00:00 +0000

MEMPHIS, Tenn. — For many years, Rose Sims had no idea what was going on inside a nondescript brick building on Florida Street a couple of miles from her modest one-story home on the southwestern side of town.

Like other , she got an unwelcome surprise in October 2022 at a public forum held by the Environmental Protection Agency at the historic Monumental Baptist Church, known for its role in the movement. The EPA notified the predominantly Black community that Sterilization Services of Tennessee —which began operations in the brick building in the 1970s — had been emitting unacceptably high levels of ethylene oxide, a toxic gas commonly used to disinfect medical devices.

Airborne emissions of the colorless gas can increase the risk of certain medical conditions, including breast cancer. Sims, who is 59 and Black, said she developed breast cancer in 2019, despite having no family history of it, and she suspects ethylene oxide was a contributing factor.

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“I used to be outside a lot. I was in good health. All of a sudden, I got breast cancer,” she said.

Local advocates say the emissions are part of a pattern of environmental racism. The term is often applied when areas populated primarily by racial and ethnic minorities and members of low-socioeconomic backgrounds, like southwest Memphis, are burdened with a disproportionate amount of health hazards.

The drivers of environmental racism include the promise of tax breaks for industry to locate a facility in a heavily minority community, said Malini Ranganathan, an urban geographer at American University in Washington, D.C. The cheaper cost of land also is a factor, as is the concept of NIMBY — or “not in my backyard” — in which power brokers steer possible polluters to poorer areas of cities.

A manager at Sterilization Services' corporate office in Richmond, Virginia, declined to answer questions from KFF Health News. An attorney with Leitner, Williams, Dooley & Napolitan, a law firm that represents the company, also declined to comment. Sterilization Services, in a legal filing asking for an ethylene oxide-related lawsuit to be dismissed, said the use of the gas, which sterilizes about half the medical devices in the U.S., is highly regulated to ensure public safety.

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Besides southwest Memphis, there are nearly two dozen locales, mostly small cities — from Athens, , to Groveland, Florida, and Ardmore, Oklahoma — where the EPA said in 2022 that plants sterilizing medical devices emit the gas at unusually high levels, potentially increasing a person's risk of developing cancer.

The pollution issue is so bad in southwest Memphis that even though Sterilization Services planned to close shop by April 30, local community leaders have been hesitant to celebrate. In a letter last year to a local member, the company said it has always complied with federal, , and local regulations. The reason for its closure, it said, was a problem with renewing the building lease.

But many residents see it as just one small win in a bigger battle over environmental safety in the neighborhood.

“It's still a cesspool of pollution,'' said Yolonda Spinks, of the environmental advocacy organization Memphis Community Against Pollution, about a host of hazards the community faces.

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The air in this part of the has long been considered dangerous. An oil refinery spews a steady plume of white smoke. A coal plant has leaked ash into the ground and the groundwater. The coal plant was replaced by a natural gas power plant, and now the Tennessee Valley Authority, which provides electricity for local power companies, plans to build a new gas plant there. A continual stream of heavy trucks chug along nearby highways and roads. Other transportation sources of air pollution include the Memphis International Airport and barge traffic on the nearby Mississippi River.

contamination is also a concern, not just in drinking water but in the soil from now-closed lead smelters, said Chunrong Jia, a professor of environmental health at the University of Memphis. Almost all the heavy industry in Shelby County — and the associated pollutants — are located in southwest Memphis, Jia added.

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Sources of pollution are often “clustered in particular communities,” said Darya Minovi, a senior analyst with the Union of Concerned Scientists, a nonprofit that advocates for environmental justice. When it to sterilizing facilities that emit ethylene oxide, areas inhabited largely by Black, Hispanic, low-income, and non-English-speaking people are disproportionately exposed, the group has found.

Four sites that the EPA labeled high-risk are in low-income areas of Puerto Rico. Seven sterilizer plants operate in that U.S. territory.

The EPA, responding to public concerns and to deepened scientific understanding of the hazards of ethylene oxide, recently released rules that the agency said would greatly reduce emissions of the toxic gas from sterilizing facilities.

KeShaun Pearson, who was born and raised in south Memphis and has been active in fighting environmental threats, said he is frustrated that companies with dangerous emissions are allowed to create “toxic soup” in minority communities.

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In the area where the sterilization plant is located, 87% of the residents are people of color, and, according to the Southern Environmental Law Center, life expectancy there is about 10 years lower than the average for the county and state. The population within 5 miles of the sterilizer plant is mostly low-income, according to the Union of Concerned Scientists.

Pearson was part of Memphis Community Against the Pipeline, a group formed in 2020 to stop a crude oil pipeline that would have through Boxtown, a neighborhood established by emancipated slaves and freedmen after the signing of the Emancipation Proclamation of 1863.

That campaign, which received public support from former Vice President Al Gore and actress-activist Jane Fonda, succeeded. After the ethylene oxide danger surfaced in 2022, the group changed the last word of its name from “pipeline” to “pollution.”

Besides breast and lymphoid cancers, animal studies have linked inhaling the gas to tumors of the brain, lungs, connective tissue, uterus, and mammary glands.

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Last year, with the help of the Southern Environmental Law Center, the south Memphis community group urged the Shelby County Health Department to declare the ethylene oxide situation a public health emergency and shut down the sterilizing plant. But the health department said the company had complied with its existing air permit and with the EPA's rules and regulations.

A health department spokesperson, Joan Carr, said Shelby County enforces EPA regulations to ensure that companies comply with the federal Clean Air Act and that the agency has five air monitoring stations around the county to detect levels of other pollutants.

When the county and the Tennessee Department of Health did a cancer cluster study in 2023, the agencies found no evidence of the clustering of high rates of leukemia, non-Hodgkin lymphoma, or breast or stomach cancer near the facility. There were “hot and cold spots” of breast cancer found, but the study said it could not conclude that the clusters were linked to the facility.

Scientists have criticized the study's methodology, saying it did not follow the Centers for Disease Control and Prevention's recommendations for designing a cancer cluster investigation.

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Meanwhile, several people have sued the sterilizing company, claiming their health has been affected by the ethylene oxide emissions. In a lawsuit seeking class-action status, Reginaé Kendrick, 21, said she was diagnosed with a brain tumor at age 6. Chemotherapy and radiation have stunted her growth, destroyed her hair follicles, and prevented her from going through puberty, said her mother, Robbie Kendrick.

In response to proposed stricter EPA regulations, meanwhile, the Tennessee helped lead 19 other state AGs in urging the agency to “forgo or defer regulating the use of EtO by commercial sterilizers.”

Sims said she's glad her neighborhood will have one less thing to worry about once Sterilization Services departs. But her feelings about the closure remain tempered.

“Hope they don't go to another residential area,” she said.

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——————————
By: Andy Miller
Title: Toxic Gas Adds to a Long History of Pollution in Southwest Memphis
Sourced From: kffhealthnews.org/news/article/toxic-ethylene-oxide-gas-southwest-memphis/
Published Date: Tue, 30 Apr 2024 09:00:00 +0000

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