An Oakland County Commissioner and former mayor of Ferndale was forced to invoke his Fifth Amendment right against self incrimination during the trial of a medical marijuana patient last week.

Craig Covey was called to testify in the delivery and manufacture of marijuana case against Jason Van Sickle, reports the Oakland Press. Van Sickle was arrested after allegedly transferring some marijuana to undercover narcotics officers who had fake medical marijuana patient cards. The medical marijuana law passed by voters in 2008 allows patients to transfer excess marijuana to other patients.

As a public advocate for medical marijuana, Covey was called to testify about a dispensary that had been operating in Ferndale. He had at one time conducted a tour of the facility with the local media where he promoted the economic benefits of the dispensary and other related medical pot programs.

But just before Covey took the stand, Oakland County Assistant Prosecutor Beth Hand read a federal memo on medical marijuana prosecutions.

The Oakland Press reports the relevant section of the memo reads:

“Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law.”

As a result, Covey consulted with Ferndale city attorneys before taking the stand. During his testimony he invoked his Fifth Amendment rights against self-incrimination several times.

Van Sickle’s defense attorney James Rasor says the reading of the memo was an intimidation tactic.

“I thought he (Covey) was being threatened by the assistant prosecutor, as though he was some sort of criminal,” Rasor said.

Rasor probably has more than a little compassion for Covey, considering he is a Royal Oak City Council member and that body has taken several public votes on the issue of medical marijuana.

Oakland County Prosecutor officials deny there was intimidation. They noted they are obligated to warn people if they are putting themselves in a position where they might incriminate themselves in criminal activity.

The goal of the new group is to present a unified voice to state lawmakers in relation to HIV issues in the state.

“This should have been done 20 years ago,” said Craig Covey, chief operating officer of the Michigan AIDS Coalition in Ferndale. “Sometimes Michigan takes awhile to get its act together.”

Covey has been at the forefront of battling HIV for 25 years. He is also the first openly gay man to be elected as mayor of a Michigan city, Ferndale in this case.

“As an individual who sits on both sides of the political divide, it’s just imperative that if we have interests, we have to advocate for them,” Covey said. “That’s how things work in a democracy.”

Jay Kaplan, staff attorney for the ACLU Michigan lesbian, gay, bisexual and transgender project says the coalition is coming along at an important time.

“[Lawmakers] don’t hear enough voices,” said Kaplan, noting that the fight to remove informed consent for HIV testing showed that many legislators lacked knowledge about HIV issues. “A lot of education needs to be done.”

Kaplan was pleased with the turnout, noting that broad coalitions are the political inroad to success in relation to civil rights issues and when dealing with hot topic issues such as HIV.

“It’s important to have broad coalitions, speaking with a uniform voice,” said Kaplan.

David Munar, vice president for policy at the AIDS Foundation of Chicago, was the featured speaker at the event. His organization has for years been lobbying on HIV issues at the Illinois state house in Springfield as well as in municipalities such as Chicago proper. He advised the gathered group to address policy matters by engaging the membership of their organizations, particularly those living with HIV.

“What’s being started here is very important for addressing the HIV epidemic,” Munar said. “This kind of coalition is the only way to get lawmakers to address HIV.”

He said people living with HIV need to be part of the policy discussions, not just in meeting rooms at the local AIDS Service Organizations (ASOs) but in lawmakers’ offices.

“They need to be in conversations with policy makers to find out what their priorities and concerns are,” Munar said. “The only way they are going to be concerned about HIV is for people affected by HIV to address them with their concerns.”

Munar, who is HIV-positive himself, said that approach is easier said than done.

“[Being open about being HIV-positive] is a very personal decision. It has to be calibrated for their own safety and needs,” Munar said. He said that HIV-positive people should have the right to calibrate the degree of openness they are willing to have. Some people, he said, will be fine using their name in a newspaper article, but not appearing on television. Others will be okay talking to media outside their local news outlets, but not with the local news.

Covey noted there had been a predecessor lobbying group called HIV/AIDS Advocacy of Michigan (HAAM), but that organization required members to pay dues and ultimately as funds for HIV programming disappeared, the group shrank. Between the Lines newspaper reports the group only includes four member organizations, and two of them — The Lansing Area AIDS Network and CARES of Kalamazoo — have acknowledged interest in the new group. Both groups were represented at the Brighton meeting.

The new group will not charge membership fees. The group has been formed through the work of the Michigan AIDS Coalition policy committee. The group will continue functioning in working groups deciding how to structure its leadership as well as to determine how the group can take stands on policy issues. The group hopes to have enough funding by the second quarter of 2011 to have a lobbyist knocking on doors at the state capitol, policy committee chair Derek Smiertka said.

Pam Byrnes

Byrnes told Michigan Messenger in June, that she thought the time was right for the legislative move.

The time has come. … I think attitudes are changing. We are seeing other states flip on this issue especially when you get the former Vice President Dick Cheney acknowledging same-sex marriages then I think we definitely see a change in attitude and it’s time to revisit this.

Byrnes’ proposal would require a two-thirds vote of approval from both the House and the Senate in order to revise the state constitution by putting a question on the ballot.

And electoral success in Michigan Tuesday might just support Byrnes’ June optimism.

Byrnes announcement on Wednesday came less than 24 hours after Kalamazoo voters overwhelmingly approved an ordinance to prohibiting discrimination on the basis of, among other things, sexual orientation and gender identity. Those same voters in Kalamazoo voted openly gay resident Terry Kuseke to the city commission.

Voters in Detroit also sent openly gay former news man Charles Pugh to the president’s seat on the Detroit City Council — making him the first openly gay council member in the city’s history. Meanwhile, voters in Ferndale return Michigan’s first openly gay mayor, Craig Covey, to the mayor’s seat there.

The issue of same-sex marriage itself had a mixed result nationally. Maine voters rejected a law which would allow same-sex couples to marry, while Washington state voters approved a ballot measure dubbed “everything but marriage.” A year ago, as the nation celebrated the election of then-U.S. Sen. Barack Obama to the White House, LGBT Americans were outraged to lose the right to marry in California because an initiative there, called Proposal 8, passed.

Byrnes was flanked by representatives from the American Civil Liberties Union of Michigan; Triangle Foundation, a Detroit-based LGBT rights group; Michigan Equality, a Lansing-based LGBT rights group; and from both organized labor and clergy.

Black wrote the Oscar winning screenplay for the film “Milk,” which also garnered an Oscar for star Sean Penn. The film told the story of Harvey Milk, who was one of American’s first openly gay officials. Milk was elected to the San Francisco Board of Commissioners, and he and Mayor George Moscone were shot to death by Supervisor Dan White.

As a result of the film’s success, Black has found a new platform and larger megaphone to address issues of importance to the gay community.

Now the controversy has drawn in Michigan’s first openly gay mayor, Craig Covey of Ferndale. Covey won the post two years ago and is running for re-election this year unopposed.

He told the Grand Rapids Press:

“In this day and age, for a college to prevent a pro-gay speaker at a campus roundtable on sexuality is unbelievable,” Covey said. “It’s got me scratching my head and thinking ‘This is so 1950s.’”

Black told the Holland Sentinel that he was completely unaware of any conflict over his visit, other than the fact a date had not been finalized. He is in West Michigan directing a film with Ed Harris and Jennifer Connelly called “What’s Wrong with Virginia.”

Durex condom (photo: Rhinovirus via Flickr.com)

EAST LANSING — An advertising insert placed in the Michigan State University (MSU) student newspaper, The State News, on Thursday, Nov. 13, is raising eyebrows among health educators.

Durex condoms initiated a national advertising campaign called Durex U with an insert that encouraged students to “major in sex and you could score $25,000.” The ad promoted a sweepstakes with prizes that included “trips, entertainment and other diversions to heighten your education.” It also prominently featured a drawing of a man and two women in the back seat of a convertible with strawberries, whipped cream and banana.

The advertisement directed readers to a web site, DurexU.com, which requires certification that the visitor is 18 or older and includes the illustration pictured in the ad, along with depictions of couples, covered by sheets, having sex in bed and on a football field.

“We believe that such an overt stereotype of college students engaging in casual sex does little to help us educate our population about healthy sexuality. The overt sexism is also not conducive to the environment we work to create on campus — one that is inclusive of all genders and sexual orientations,” said a statement released by MSU Olin Health Center’s educators, Dr. Dennis Martel and Erica Phillipich.

“This ad and Web site provide only clearly heterosexual scenarios and the physical act of having sex; while allowing for no discussion, no communication, and no education regarding consent between partners or safer sex strategies,” the statement continued.

“It always disappoints us when a condom company has an opportunity to promote comprehensive and responsible sexual health information,” said Lori Lamerand, CEO of Planned Parenthood of Mid and South Michigan, in a phone interview. “It’s too bad when that is missed. It seems like it wouldn’t have been hard to catch attention and include responsible messages.”

But Durex representatives challenge the health educator’s characterization of the advertisement.

“This campaign is not for the faint of heart, and it definitely was created to speak to a certain target audience — one with a definite sense of humor and an appreciation for out-of-the-box creative,” said Steve Mare, brand manager for Durex Consumer Products.

Mare declined an interview, opting instead to issue the statement in a release through the company’s public relations contractor, Jennifer Grizzle.

“We gave our agency, Youthography, the freedom to develop an ad campaign that, while a bit edgy, speaks directly to this audience and gets them thinking about their sexual well-being which is a balance of physical, emotional and sociological factors.”

The Los Angeles-based Youthography is also defending the ad.

“The Durex U campaign was developed to talk to those men and women who seemingly get bombarded with suggestive and often irresponsible messages in movies, TV and online mediums,” said Jeff Roach, vice president of strategy for Youthography.

Roach’s statement was also included in the release from Durex. “The ad was clearly an outrageous and exaggerated situation that doesn’t exist in everyday life. It was meant to be thought-provoking and invoke reactions regarding the consequences of irresponsible behavior.”

“I think there are other ways to invoke conversations and get people to talk about responsible and healthy sexuality than to do outrageous ads that border not getting people to talk at all,” said Martel, the MSU health educator. He said the ads are difficult to understand and thus inhibit full conversation. “These ads create misperceptions about sex and sexuality. I don’t see how this creates dialogue.”

Martel said Olin relies on “evidence-based” education practices.

“We use cutting-edge and funny sides too, but they are based on data, and we use effective interventions that are proven,” he said. “We don’t go to an ad agency and say how do we promote our product. We have a philosophical difference in how to promote condoms.”

Martel points out the advertisement implies the use of whipped cream with condoms is OK. However, whipped cream contains oil, which has been shown to degrade latex condoms, causing failure which can lead to infections and unintended pregnancy.

“Whatever their strategy in thinking outside the box, everyone has a responsibility to promote responsible behavior,” Martel said in a phone interview.

Craig Covey, CEO of the Midwest AIDS Prevention Project (MAPP) said he found nothing wrong with the advertisement.

“I find the ad kinda fun and cute. Since it is for condoms, I would support the ad. [MAPP is] not anti-sex, but rather pro-safer sex,” he said in an email.

“MAPP has never had complete faith with the numbers we get from the CDC and the state,” Craig Covey said bluntly at the beginning of a phone interview Friday morning about the new infection estimates from the Centers for Disease Control and Prevention (CDC). “We have questioned their estimates for many years — MAPP being 20 years old this year. The history of this epidemic has been [that] the government has not only often been behind the ball on estimates, but where the epidemic was heading. In the 90s we knew it was going into the black community.”

The new numbers from the CDC, released Saturday at the International AIDS Conference being held in Mexico City, show that the old estimate of 40,000 new infections in the U.S. was off by 34 percent. The real number is 53,600 new infections in the year 2006. The new number does not mean that suddenly 13,600 people were infected on August 2; it only means that through lab tests the CDC was able to discover that 13,600 more infections occurred than had been previously thought. The estimate is reflection of a guess as to where and how the virus is spreading. It is not based on hard numbers.

The new numbers show a steady increase in the number of men who have sex with men, particularly in the African-American and Hispanic communities, hardest hit by the epidemic.

In a press statement about the new numbers, CDC Director Dr. Julie Gerberding said:

“These data, which are based on new laboratory technology developed by CDC, provide the clearest picture to date of the U.S. HIV epidemic, and unfortunately we are far from winning the battle against this preventable disease. We as a nation have to come together to focus our efforts on expanding the prevention programs we know are effective.”

MAPP’s Covey concurs with Gerberding’s assessment and was very harsh in some of his criticisms of organizations and groups who appear to be unwilling and unable to address the epidemic’s spreading boundaries. He was particularly harsh when it came to the LGBT community’s own response to the epidemic.

The issue became a major controversy in February when a former executive director of the National Gay and Lesbian Task Force told an international gathering of LGBT leaders in Detroit that “AIDS is a gay disease.” And the numbers do reflect that men who have sex with men continue to be one of the highest at-risk groups. Covey said that is because the LGBT community is simply not responding anymore. The majority of MAPP’s funds are raised from the straight community, he said, not the LGBT community.

“We still have bathhouses here in Detroit that refuse to have HIV education in there,” Covey said. “A year ago, we were asked to leave Menjo’s, which is a very popular gay club for younger gay men in Detroit. And I know that Backstreet, the largest gay club in Michigan, is not doing any HIV education or prevention work.”

As for funding sources, Covey pointed out that three large funding agencies working with the LGBT community also do not fund HIV/AIDS work. “If I approach some of the main gay foundations in this country, I am declined because they don’t fund AIDS work. Groups like the HOPE Fund (Detroit) or Arcus Foundation (Kalamazoo) or Gill Foundation (Colorado) –those are three. And I believe all three of them do not fund HIV/AIDS work in the LGBT community.”

He also says that the LGBT community is not responding to assist the men who have sex with men from minority populations. “I think the black gay community is coming around, but they don’t always have adequate resources. I don’t see the GLBT community doing enough to support that community. I mean we have discussions and panels and roundtables about it, but we don’t really do what is necessary. A lot of times that means rolling up your sleeves and going into the community.”

Covey also had criticism for the Bush administration, which for years pushed a failed policy of abstinence-only education and prevention work that Bush officials insisted should not include condoms.

“There is lots of blame to go around, however, with lots of issues with the eight years under this president (that) have been squandered. We had to battle the whole abstinence-only model. We wasted eight more years,” Covey said. “To some extent he did some good work with care and medicine in Third World countries. I give him a C on that. In terms of prevention, here, I give him an F.”