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Time: 06-12-2010 23:50 User: mmatherly PubDate: 06-13-2010 Zone: MT Edition: 1 Page Name: A 1 Color: Black


ARTS | I-1
Blame wins the

WARHOL Stephen Foster

at Churchill Downs
New columnist
offers sales advice
$2, outlying


Panel doesn’t
recognize Paul
Still, Senate candidate qualified
to practice as ophthalmologist
By Joseph Gerth
The Courier-Journal

U.S. Senate candidate Rand Paul says he is a

“board-certified” ophthalmologist — even though the
national clearinghouse for such certifications says he
hasn’t been for the past five years.
Paul, who practices in Bowling
Green, says he is certified by the SUNDAY
National Board of Ophthalmology,
a group that he incorporated in
1999 and that he heads.
But that entity is not recognized EXCLUSIVE
By Michael Hayman, The Courier-Journal by the American Board of Medical Available only
Expanding sewage treatment plants and upgrading flood pumping stations are among the projects the Metropolitan Sewer Specialties, which works with the in your print
District is working on. Here, a crew prepares a site at the Derek R. Guthrie Water Quality Treatment Center on Lower River Road. American Medical Association to edition today.

As MSD debt builds,

approve such specialty boards.
Lori Boukas, a spokeswoman
for the American Board of Medical GUN RIGHTS
Specialties, said her organization Paul tells gun
considers certifications to be valid enthusiasts he’s
only if they are done by the 24 “a proud defend-
groups that have its approval and er of the Second

residents feel pinch

that of the AMA. Amendment.” B1
“He is not board-certified,” she
said of Paul.
The specialties board recognizes the American
Board of Ophthalmology, the nation’s main ophthal-
mological certification group. Paul had certification
from that organization before he let it lapse after he
Record liability of $2.7 billion MSD’s monthly rates $67.53
started his National Board of Ophthalmology.
The American Board of Medical Specialties said
board certification is important because it enables
to help fuel decades of rate hikes $70
60 “patients to determine whether their physicians were
50 $33.55
$33.55* appropriately trained and knowledgeable in their spe-
By James Bruggers and 33 percent in 2007 — 40 $29.58 can expect more of the 30 See PAUL, A7, col. 1
The Courier-Journal same. 20 Proj
tedd increases
cr ea s
By 2024, the estimated 10 $31.50
The Metropolitan Sew- annual rate for a typical 0
er District is carrying its Louisville household is pro- 2008 ’09 ’10 ’11 ’12 ’13 ’14 ’15 ’16 ’17 ’18 ’19 ’20 ’21 ’22 ’23 ’24 ’25
highest level of debt ever — jected to go from $402 in Source: MSD *Goes into effect Aug. 1 The Courier-Journal
$2.7 billion with interest 2010 to $810 — and it could
payments — and its bor- rise even higher if the dis- aging flood pumping sta- and said the agency should
rowing for a court-imposed trict has to borrow more tions that protect Louisville pay more up front, to re-
$850 million rehabilitation money for other capital from the Ohio River, build- duce borrowing costs.
program has just begun. construction needs, or if ing new flood storage ba- Across the country, sew-
For decades, MSD cus- federal regulators follow sins and covering MSD’s er rates have gone up for the
tomers likely will be reach- through with promises to share in a possible new last several years at double
ing for their checkbooks to make cities do more to curb multi-county sewage treat- the inflation rate, and they
pay for the 19-year program, polluted storm water run- ment plant on the Salt Riv- are up 8.5 percent this year
which breaks down to off. er. nationally, said Adam
$3,800 for each Louisville Further, the debt and fu- Jeff Frank, executive di- Krantz, government and
resident. And customers ture obligations raise ques- rector of Future Fund, a public affairs manager for
who have already seen their tions about how MSD will conservation group that has the National Associa- By Scott Utterback, The Courier-Journal
rates rise 5 to 7 percent a pay for other big-ticket tracked MSD finances, Republican Senate nominee Rand Paul declined to
year since the mid-1990s — projects, such as renovating called its debt “staggering” See MSD, A6, col. 1 comment on his medical certification Saturday. “What
does this have to do with our election?” he asked.

Homicides absent from Kentucky hate-crime law

Deficiency surfaces Michael Stone
was convicted of
Lamartez Griffin,
14 years old in
But there is a major legal road-
A sentencing judge must find by
in black teen’s death second-degree
and tampering
this photo, was
stabbed to death
six years ago at
Kentucky’s hate-crimes law
a preponderance of the evidence
presented at trial that a hate
does not include homicide as a crime was a primary factor in
By Jason Riley with physical age 17. qualifying offense — meaning
evidence. the commission of the crime by Stone’s actions could only be con- the defendant. The crime must
The Courier-Journal sidered a hate crime if his victim have been committed because of
had lived. race, color, religion, sexual ori-
When Michael Stone was con- “If you hurt someone, it’s a hate entation or national origin. The
victed in April of fatally stabbing a other white men had hurled racial saying during the hearing that the crime. If you kill them, it’s not,” Van judge can use the hate crime as
black Louisville teenager, Jefferson slurs while attacking 17-year-old fact that five white men attacked De Rostyne told Morris last week. the sole factor for denial of
County prosecutors felt confident Lamartez Griffin in July 2004, As- one black teen could by itself be “It seems inconceivable and ab- probation, shock probation or
they could persuade the judge that sistant Commonwealth’s Attorney enough to classify Stone’s convic- surd.” conditional discharge. And the
the slaying was a hate crime. Tom Van De Rostyne told Senior tions for second-degree man- The lack of a homicide provi- finding can be used by the state
Stone — with a shaved head and Judge Geoffrey Morris during a slaughter and tampering with phys- sion in the state law surprised not Parole Board in delaying or
tattoos of a Confederate flag and a hearing earlier this month. ical evidence as a hate crime, which denying parole.
white-power symbol — and four And Morris seemed to agree, could lead to a lengthier stay in See HATE, A6, col. 1


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Time: 06-12-2010 21:15 User: mmatherly PubDate: 06-13-2010 Zone: KY Edition: 1 Page Name: A 6 Color: Black


High-profile Philadelphia Catholic school closing

Falling enrollment phia archdiocese announced 2009-
10 would be Dougherty’s last
and nearly all Catholic — paid no
tuition, because local parishes
Though an alumni group still
performs, the school has not field-
cese’s secretary for Catholic edu-
cation, said in announcing Dough-
school year. The school, a victim of could afford to subsidize the cost. ed a marching band in about 20 erty’s closing.
doomed Dougherty declining enrollment and changing A wall divided the boys’ and girls’ years. Dougherty’s enrollment — Joseph Caruso, a 1967 alum who
demographics, will close this sides of the building. about 600 this year — fell 43 per- returned to teach for 39 years,
By Kathy Matheson month after 54 years and more than “The only thing the males and cent in the past decade, and was blasted church officials for the de-
Associated Press 40,000 graduates. the females shared was the chap- projected to fall another 34 percent cision. The closing will end family
“My head understands it, but it el,” said Jack Seydow, a member of in the next three years, officials say. traditions of attending Dougherty
PHILADELPHIA — Even as fi- really hurts your heart,” said 1966 Dougherty’s first graduating class Urban Catholic schools have and leave inner-city students with
nancially strapped Catholic alumnus Tony Conti. “This is in 1959. “So I went to chapel a lot.” been hard hit by dwindling enroll- one less alternative to the troubled
schools closed across the country, where I went to high school; this is By 1965, the school reached its ment. Neighborhoods once filled public schools, he said. “You can’t
no one in Philadelphia ever where I met my wife.” peak enrollment of 5,944. Church with large families have emptied as measure success all the time by the
thought the church would shutter Nationwide, 174 Catholic officials today can’t say how they parishioners move to the suburbs. bottom line,” he said. “I just don’t
Cardinal Dougherty High School. schools have closed in the past verified Dougherty’s title of the Some dioceses paying settle- think that they understand how
Not the flagship campus that year, compared with 24 opening, world’s largest Catholic school, but ments to priest-abuse victims have many lives this is affecting. I really
once boasted 6,000 students and according to the National Catholic the claim gave students “a tremen- less money to subsidize school op- don’t think they care.”
billed itself as the biggest Catholic Education Association. Catholic dous sense of pride,” Conti said. erations. Fewer subsidies leads to Administrators have refrained
school in the world. Not the school school enrollment in the U.S. has Pride also stemmed from higher tuition, which fewer fami- from using the word “last” — last
whose marching band once played declined 20 percent in the past Dougherty’s renowned marching lies can afford in a recession. prom, last graduation — to keep
for a pope, a princess and a presi- decade. band. Dougherty performed for “We are faced with rising costs the year as normal as possible,
dential inauguration. Dougherty opened in 1956 with Pope Paul VI at the Vatican, Presi- to maintain the overhead of large, principal Thomas Rooney said.
Not Cardinal Dougherty. more than 2,600 freshmen and dent Lyndon Johnson’s 1965 inaug- older schools that simply are not But it hasn’t change the facts.
But the unthinkable came to sophomores. uration and for Princess Grace of operating close to their capacities,” The last classes at Dougherty
pass in October when the Philadel- The students — nearly all white Monaco, a Philadelphia native. Richard McCarron, the archdio- will be held Thursday.

MSD | Debt going to be required to raise wa-

ter quality in this community, and
this is where we see the budget,”

reaches record Schardein said.

Weighing the need
$2.7 billion But perhaps the biggest MSD
need not yet funded is for reno-
vation of the city’s aging Ohio
Continued from A1 River flood-protection system.
Schardein says Louisville is at
tion of Clean Water Agencies, a risk of “being another New Or-
lobby group. leans,” referring to the deadly
“It’s becoming a very tricky is- floods around Hurricane Katrina
sue at the local level,” he said. in 2005, when that city’s flood-
MSD Executive Director Bud protection system was over-
Schardein said the agency whelmed.
doesn’t have cash reserves to cov- The Louisville system was
er the work, so paying up front built after the 1937 flood, and nine
would require much bigger cus- of its pumping stations designed
tomer rate increases. Borrowing to push water to the Ohio River
with a 30-year pay back is de- are more than 50 years old. MSD
signed to keep customers’ bills is spending $17.5 million to re-
from exploding, he said. build the one Schardein said is in
“You can bludgeon people up greatest disrepair — the 57-year-
front with higher annual rate in- old Western flood pumping sta-
creases, and a lot of your custom- tion, which protects 137,000 west
ers become bad debt because Louisville homes. Congress allo-
they can’t afford to pay their rates cated $5 million in federal stimu-
and we can’t afford to extract it By Michael Hayman, The Courier-Journal lus money to help.
from them,” Schardein said. “My Along with work at sewage treatment plants such as the Derek R. Guthrie Water Quality Treatment Center on Lower But Schardein said eight
bottom line is keeping this as af- River Road, the Metropolitan Sewer District plans to renovate pumping stations and build new flood storage basins. others also need major renova-
fordable as I can and still meet tions at an estimated cost of
our regulatory requirements. I government helped cities comply drinking water source for 5 mil- cy plans to borrow $300 million $50 million to $70 million — and
am trying to do the balancing with the Clean Water Act, but lion people. more, largely to fund consent-de- he argues that the federal govern-
act.” those monies evaporated with The goal is to reduce the over- cree projects, he said. ment should help cover more of
So far, bond rating services are Ronald Reagan’s presidency in flows dramatically, and MSD offi- The goal is for MSD to pay as it the cost.
generally looking favorably on the 1980s, said Gordon Garner, a cials said they have already cut goes for 25 percent of the “They will inspect them,” he
MSD. For example, Moody’s re- retired MSD executive director them by about 25 percent. $850 million, and borrow the rest, said of federal agencies. “They
cently upgraded the agency from who now works as a consultant. An MSD survey shows its Gee said. That creates a large will give you a passing or failing
a negative outlook, scoring it in And Robert Steuer, a spokes- monthly rate for a typical home of debt service — $96 million in grade. But for whatever reason,
its fourth highest rung, Aa3, in the man for U.S. Sen. Mitch McCon- about $33 is competitive. Schar- 2009, or 49 percent of the agen- they will not participate finan-
“adequate” range, said Robyn nell, said that federal funding dein told Metro Council in May cy’s operating revenues and its cially. I think that needs to be ad-
Rosenblatt, an analyst with isn’t likely to happen. “It’s prima- that it compares with a typical In- largest expense. dressed.”
Moody’s Public Finance Group. rily the responsibility of local dianapolis sewer bill of about $24 MSD is doing what it has to do, McConnell, the Republican
Rosenblatt said MSD officials governments to maintain their a month; Nashville, $37; Cincin- said Steven G. Kovan, who directs from Louisville and the Senate
have demonstrated they can sewer systems, and given the cur- nati, $54; and Atlanta, $96. the University of Louisville’s minority leader, declined to com-
manage their debt. “To their rent fiscal crisis faced by the fed- Schardein said Louisville’s master of public administration ment on whether the federal gov-
credit,” she added, “they do have eral government, this is unlikely consent decree was less than program and teaches classes in ernment should help pay for ren-
a history of raising rates,” which to change,” he said in an e-mail. some of the other cities’, in part, public sector budgeting. He re- ovating the pumping stations.
Moody’s sees as a sign of finan- Louisville’s financing jam is because of projects the agency viewed MSD’s most recent an- U.S. Rep. John Yarmuth, D-
cial stability. mirrored across the country. In- undertook in the 1990s and early nual financial report and said the Louisville, said failing infrastruc-
Even so, there remains some dianapolis plans to spend $3.5 bil- 2000s. And that past spending, he agency has little choice but to ture is a national problem and
criticism and push-back locally. lion on its sewer system; Cincin- said, explains most of the current borrow to pay for the EPA man- that the House Ways and Means
“Obviously, we have to have a nati, $3.1 billion; and Atlanta, debt. dates. Committee, of which he’s a mem-
sewer system,” said state Sen. $3 billion. In Kentucky, Lexing- MSD eliminated 44,000 often- But there are potential conse- ber, is exploring how to fund a na-
Dan Seum, R-Louisville, and an ton will have to spend between polluting septic tanks; got rid of quences, Kovan said, since paying tional infrastructure bank to help.
MSD critic. “But you kind of won- $250 million and $300 million, more than 300 small, private back the debt comes first. “We’re looking at all sorts of
der where (the debt) is going.” and Sanitation District No. 1 of treatment plants that routinely “They’ll just have less money options,” he said.
Northern Kentucky could spend spilled raw sewage; built two for other things,” he said. Garner, who said MSD bor-
Council approval between $1.2 billion and $3 bil- sewage treatment plants and ex- Schardein said he wishes he rowed about $1 billion under his
Last month, Seum lent his sup- lion. panded four others; and built 11 had more money to build more watch, said the spending is neces-
port to a lawsuit by the group All this is coming as the Envi- flood storage basins capable of storm water retention basins in sary if Louisville residents want
Stop Invisible Taxes, which seeks ronmental Protection Agency holding 1 billion gallons of flood- low areas of Louisville. And clean water.
to force Metro Council approval has been suing cities, alleging il- waters. looming, there is talk in Frankfort “It’s an investment,” he said.
of MSD rate increases. MSD cites legal sewage overflows, then set- “The Ohio River is getting bil- of the need for a regional sewage “Louisville had a lot of (sewage)
a city ordinance that says it only tling through agreements known lions of gallons less of sewer treatment plant in Bullitt County, problems, and it still has a lot of
needs approval of rate increases as consent decrees. overflows,” Garner said. which could cost tens of millions problems, but it has come a long
greater than 7 percent. Louisville’s consent decree of dollars. way in the last 30 years. People
“People aren’t making much was signed in 2005 and amended MSD paying as it goes He said anticipated tighter who don’t want to pay for clean
money,” said Helen Jupin, an in 2008. It followed a lawsuit by But of the $1.4 billion in princi- rules on controlling pollution water should go to a country that
MSD customer, noting the effects the Kentucky environmental cab- ple that MSD still owes, only from storm water also could af- doesn’t have it, and then decide
of economic recession. “You have inet and the U.S. Environmental about $180 million is from spend- fect customers’ rates. what it’s worth.”
to wonder … how much more can Protection Agency over massive ing on the 2005 consent decree, “When I know what it means, I
people afford to pay.” sewage overflows into local said Marion Gee, MSD’s finance will take it … to everyone in the Reporter James Bruggers can be
It used to be that the federal creeks and the Ohio River, a director. Later this year, the agen- community, and say this is what is reached at (502) 582-4645.

HATE | Legislative shortcoming dates to 1998 prosecutors said, it is relatively

rare to try and get a defendant con-
victed of a hate crime, because it is
der, manslaughter and reckless
homicide. He hopes to have some-
one sponsor the amendment in the
Continued from A1 Van De Rostyne said Stone is al- 18 — and homicide convictions so difficult to prove that a defen- January legislative session.
ready eligible for parole because of other than murder can also lead to dant’s motivation involved the vic- And he has asked Judge Morris
only prosecutors, but also Judge the time he has served. Stone was probation. tim’s race or sexual orientation. to find Stone guilty of a hate crime
Morris and even Stone’s attorney, initially convicted in March 2005 More than likely, Bowling said, Allen Trimble, common- regardless, arguing that the law
Sheila Seadler. and sentenced to 18 years in prison there was much legislative wran- wealth’s attorney for Whitley and also doesn’t specifically prohibit a
After Seadler argued that the after a jury found him guilty of gling in trying to get a hate-crimes McCreary counties and president homicide being deemed a hate
law doesn’t allow Morris to find first-degree manslaughter and law passed, and if homicides were of the Kentucky Commonwealth’s crime.
Stone guilty of a hate crime, the tampering. not included, “they were probably Attorney’s Association, said he “If strict interpretation of the
judge asked her why legislators had just overlooked. didn’t remember having one hate law leads to absurd results, that is
not included murder, first- and sec- Conviction overturned “If someone commits those crime case in the last decade. not true justice,” Van De Rostyne
ond-degree manslaughter or reck- That conviction was over- crimes for hate reasons, they A spokesperson for Attorney said in an interview. “This would
less homicide in the statute. turned last year when the Ken- should be a part of it,” Bowling said. General Jack Conway said his of- be an absurd result.”
“I think that possibly the Gener- tucky Supreme Court affirmed a Sen. Kathy Stein, D-Lexington, fice does not keep records on how Mona Flippins, Griffin’s mother,
al Assembly, in their infinite wis- 2007 Kentucky Court of Appeals who in 1998 was a member of the often defendants are charged with said she has never doubted that her
dom, didn’t realize exactly the ex- ruling that Stone should be tried judiciary committee and helped violating the hate-crimes statute. son was killed because he was
tent of what they were doing,” she again because of prejudicial testi- pass the hate crime law as part of a black.
said. mony heard by the jury. massive crime bill, agreed that leg- Report on hate crimes “It’s not fair and it’s not right,”
Kentucky’s hate-crime law, Former state Rep. Mike Bowl- islators didn’t think about lesser The Kentucky Justice and Pub- said Flippins. “That law needs to be
passed in 1998, allows a judge at ing, who sponsored the hate- homicide charges. lic Safety Cabinet released a report investigated.”
sentencing to refuse motions for crimes bill, said in an interview “We overlooked it, and I’m sor- last year that Kentucky reported 56 But Seadler, who argues that
early release, probation and shock that he couldn’t recall why homi- ry that we did,” Stein said, noting hate crimes in 2007, none of which Stone was acting in self-defense
probation. cides weren’t included in the law. that legislators were concentrating involved a murder. The report did and denies that he hurled racial
More importantly in the Stone He said legislators may have mostly on assaults. not note how many of these defen- slurs, says Morris is obligated to
case, the state Parole Board may thought that someone charged Stein said she has not heard of dants were actually convicted of a follow the law.
deny early release to those found to with a murder would not be eligi- the problem coming up before the hate crime. Morris is expected to rule in a
have committed a hate crime — de- ble for probation or early parole. Stone case, and Van De Rostyne Regardless, it’s still a loophole few weeks.
fined as an offense motivated by But Van De Rostyne noted that said it was the first time the issue that needs to be closed, said Van De
race, color, religion, sexual orienta- juveniles charged with murder can arose for him. Rostyne, who has written his own Reporter Jason Riley can be reached at
tion or national origin. receive probation when they turn That may be in part because, revision to the law to include mur- (502) 584-2197.