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Zooey Zephyr loses in court… and is allegedly SWATted?!

Zooey Zephyr is the Montana state representative who was excluded from the (state) House. He is transgender, purporting to be a woman today. That exclusion was part of a process where first he was censured for saying that blood would be on the legislature’s hands if they didn’t allow for transgender  treatments on minors and then was thrown out for encouraging disruptive protests. Mind you, he was still allowed to vote remotely, but he couldn’t participate in any debates. He sued, with the help of the ACLU (of course), and he just lost his attempt to force the legislature to allow him to come back in and debate.

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The judge’s opinion can be found at the link, and its only five pages long—really only three pages of substance. As it is in federal court, he has to prove he is likely to succeed on the merits. We have made zero attempt to study the Constitution of Montana, but it is not surprising that the separation of powers doesn’t allow the court to override their censure and expulsion.

That was yesterday.

In any case, the punishment only lasted until the end of the legislative session, which is today:

As for the rightfulness of this, on one hand, we think legislatures should more closely follow the First Amendment that they are supposed to obey when making laws. But they have not been doing that for years. On the other hand, the final expulsion was because he was encouraging disruption of the legislative session and we think Johnathan Turley eloquently explains why that is justified with respect to the so-called Tennessee Three:

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Three legislators, or a group of citizens aided by one legislator, preventing the entire legislature getting anything done is not ‘democracy,’ by any rational definition of the term.

More troubling is the claim Mr. Zephyr made on Twitter that someone close to him was SWATted:

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Erin Reed is another man who purports to have become a woman. So, Zephyr is a man, who claims to be a woman, who is boyfriends (but claims to be girlfriends) with another man who claims to be a woman, and we guess they claim to be lesbians?

Oy vey.

In any case, Mr. Reed spoke out about this event:

And he provides a link to an article discussing the matter, here:

Apparently, this took place in Montgomery County, Maryland (where he lives) and the police released a statement (where the police pretended he is a woman):

‘An email was sent to the Montgomery County Fifth District station. Officers responded to her residence this morning for a [welfare check],’ the spokesperson said. ‘They spoke with Ms. Reed, and she stated that she was fine and that her ‘information got leaked.’ She stated that she provided her information to the police department because she figured something like this might happen.’

A welfare check is just someone telling the police to please check up on a person. Let’s say, for example, your Dad lives in South Dakota and he would talk to you every day, but suddenly you couldn’t get ahold of him? You live several states away, so it is not practical for you to go personally check on him and you don’t have any contact information for his neighbors. In that case, you might call the local police and say, ‘can you please check in on my dad? I’m worried about him.’

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What we are getting at is we don’t believe this is a SWATting or attempted SWATting at all. Since SWATting is a relatively new term, its meaning is probably more fluid than most but Webster’s Dictionary (online) has a definition that fits with how we have used the term: ‘[T]o make a false report of an ongoing serious crime in order to elicit a response from law enforcement (such as the dispatch of a SWAT unit).’ False reports of a murder, false reports of a hostage situation …

… or even T.J. Miller’s false bomb threat …

… count as SWATting under that definition, but not a wellness check. The distinction to us is whether the caller believes they are putting a person’s life in danger above and beyond an ordinary interaction with the police. In the categories we described a minute ago, we would classify SWATting as a breed of attempted murder—but not a mere false welfare check.

Which isn’t to say that a bogus welfare check is ‘fine.’ We consider that to be, more or less, ‘harassment by police’ and whether you call it SWATting or not, it should be prosecuted to the full extent of the law.

In addition to that, Mr. Zephyr made this claim:

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Some expressed doubts that it happened:

 

Some skepticism is always justified, especially since politicians are not more honest as a group than regular folks. However, this appears to have some reality behind it:

The article he links to has the following statement from local police:

‘We took the call seriously and quickly contacted the representative immediately,’ said a spokesperson for the Missoula Police Department. ‘We confirmed everyone was safe. We determined the threat was from an FBI tip (not local), and it was unfounded.’

In any case, we are thankful no one got hurt.

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