Kentucky Kernel: March 29, 2021

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Monday, March 29, 2021 est. 1892 | Independent since 1971 www.kykernel.com @kykernel @kentuckykernel

BOMB SCARE AFTERMATH Arrestee faces multiple charges; more explosives found at his residence

POST-VACCINE PLANS PG. 2 • WOMEN ALUM SPOTLIGHT PG. 4 • KEENELAND MEET PG. 17

Supreme Court rules in open records case

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Cyberattack on UK Healthcare narrow escape

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Rallies against racism honor victims spring 2021 | 1

Monday, March 29, 2021

news

Students planning to be vaccinated hope for travel after

By Gillian Stawiszynski

The long, dark, COVID winter may be behind us: according to Gov. Andy Beshear, Kentucky is in its tenth straight week of declining COVID-19 cases. The positivity rate in Kentucky is now at 2.97%, the lowest it has been since July 2020.

This drop in cases may be attributed to the 1.175 million Kentucky residents that have been vaccinated since the first doses of the vaccine arrived in December 2020.

Vaccinations will open to the general public on April 12. People 16 and over are approved to receive the Pfizer vaccine; for the Moderna and Johnson & Johnson vaccines, recipients must be over the age of 18.

Not everyone is getting the vaccine right away.

Sabriel Metcalf, a senior broadcast major, said she plans on waiting before she signs up for hers.

“Where I work it was offered, but I declined. I’m just waiting to see how everyone else reacts to it,” Metcalf said.

UK has encouraged all students to get the vaccine through the mass clinic at Kroger Field, sending reminder emails to all students in March after offering vaccines to university

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student employees earlier in the semester.

Some students don’t plan on getting their vaccine at all. Senior accounting major Jason Liu is one of these students.

“I don’t really trust it like that,” Liu said. “I feel like it’s cool, but I just might not get it.”

Vaccination feeds a rush of hope that the end of the pandemic is near and that the country is on the path back to normal. Though vaccinated individuals should still wear masks and avoid large indoor gatherings, the CDC issued guidance saying vaccinated individuals can gather with a small group of other vaccinated people without masks, prompting an end to a year of loneliness for some Americans. University of Kentucky students are similarly looking forward to their options post-vaccination.

PhD student Abelline Fionah hasn’t been vaccinated, but as soon as she is, she wants to go out of the country.

“I’ll go anywhere at this point honestly” Fionah said, but she has her eyes set on Uganda.

“I really want to go to New York. I like fashion and I know it’s very big in New York. I’ve lived in the suburbs my whole life so I want to experience

MICHAEL CLUBB | STAFF A patient receives the vaccine during the opening of the COVID-19 vaccine clinic in the Central Bank Club on Tuesday, Jan. 19, 2021, at Kroger Field in Lexington, Kentucky.

that,” said Riley Brashear, a freshmen marketing major. She still hasn’t gotten her vaccine, but she stated that she wants to.

Avid bowler and junior psychology major Sam Grant wishes to get back to the west coast to pursue his passion in bowling.

“I do tournaments all over the US, so I can go to Vegas, wherever,” Grant said.

Students should remember that they are not fully

vaccinated until two weeks after their final dose, either the second dose for Pfizer or Moderna or the single dose of Johnson & Johnson.

Experts encourage everyone who is eligible to be vaccinated because it is the quickest way to end the pandemic. At UK, students and employees can request an appointment at ukvaccine.org.

Vaccinations ending the pandemic rely on most peo-

ple getting vaccinated, so while it may take a while to reach herd immunity, each shot is a shot closer to that goal. may be a while, this vaccine is the next step to being safer from the virus and therefore being able to gather in groups, see your immunocompromised family, and go to concerts and festivals that many students have dearly missed.

UK students, faculty and staff can do so at https://vaccine.ukhc.org.

Once you request a vaccine, be on the lookout for an email from UK HEALTHCARE VACCINATIONS - it may go to the spam folder at first.

That email will provide the user with an access code to make an appointment at Kroger Field. The site is open from 9 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 6 p.m. on weekends, so there are many appointment times available.

Monday, March 29, 2021

LOOKING BACK, MOVING FORWARD

kentuckykernel

CONTACT Editor-in-chief: Natalie Parks editor@kykernel.com

UK PROFESSOR NAMED 2021 - 2022 KY POET LAUREATE

Kentucky has a new poet laureate, but her face is already familiar to those on UK’s campus.

Crystal Wilkinson, a professor in the English department, was named the Commonwealth’s poet laureate for 2021 - 2022. Kentucky poet laureates serve a two-year term. Responsibilities include promoting the

literary arts in the state through readings of his or her work and presenting at Kentucky Writers’ Day. “It feels glorious to be named Kentucky Poet Laureate. It feels like a validation of my life’s work,” Wilkinosn said in a release from the Kentucky Arts Council. “I feel very proud as a woman of letters in the state. When I looked at the list, it’s wonderful to be a part of that legacy.

Wilkinson works with UK’s

MFA program and is an accomplished writer. She is a USA Artist fellow and winner of the Ernest J. Gaines Award for Literary Excellence. Her fourth book, a poetry collection titled “Perfect Black”, is forthcoming from University Press of Kentucky in August. Wilkinson’s other works include “The Birds of Opulence” and “Blackberries, Blackberries.”

Wilkinson is also a founder of Affrilachian poets, a group of writers dedicated to the intersection of Appalachian and Black identity. Wilkinson is the first Black woman named Kentucky’s poet laureate and joins fellow UK professor Frank X Walker in the state’s esteemed list of laureates.

Wilkinson will be inducted into her new role in a ceremony on April 23, 2021.

UK COVID-19 DATA CATCHING UP, BUT STILL LAGGING

MICHAEL CLUBB | STAFF University of Kentucky English professor Crystal Wilkerson poses for a portrait in her office on Thursday, Feb. 27, 2020, at the Patterson office tower in Lexington, Kentucky.

The lag in updates to UK’s COVID-19 data dashboard has shrunk but is still a week behind present day.

UK spokesperson Jay Blanton said the lag, which at its highest showed a two-week backlog in case numbers, was due to a data sorting issue.

As of March 27, the dashboard showed 26 active cases on campus - a large drop from active case averages in the fall semester. And, the dashboard reported 0 new cases for a daily tally for the first time on March 21. Additionally, the dashboard reported only two students in campus isolation facilities.

UK’s mandatory testing program is still ongoing.

VOLLEYBALL FOURPEATS SEC CHAMPIONSHIP

Kentucky volleyball concluded a dominant regular season by notching their fourth SEC titlee in four years, something never before done by the program.

UK beat Alabama in straight sets to clinch the championship, with three Kentucky players recording double digit kills. The victory also marked the team’s 15th sweep of the season.

“It’s pretty darn sweet,” head coach Craig Skinner said post-match according to the university. “That feeling doesn’t get old.”

Kentucky automatically qualifies for the NCAA tournament due to the first place finish in the conference. The Cats will learn their post-season placement in the NCAA selection show on April 4.

“We’ve had a goal to compete for a national championship all year,” Skinner said according to the university.

“The SEC championship is a big deal but I think this group is competitive enough and has proven themselves enough to go for it.”

The 48-team NCAA tournament will take place in Omaha, Nebraska from April 13 - April 24. Kentucky will have a chance to make its first Final Four appearance after being knocked out in the regional round in 2019.

Kentucky’s record sits at 19 - 1 to conclude the regular season where they saw only SEC competitors.

Managing editor: Michael Clubb editor@kykernel.com Sports editor: Braden Ramsey sports@kykernel.com Opinions editor: Sarah Michels opinions@kykernel.com Asst. Opinions editor: Gillian Stawiszynski Designer: Ryder Noah From Social media manager: Sarah Simon-Patches KENTUCKY KERNEL OFFICES 340 McVey Hall University of Kentucky Lexington, KY 40506

ON THE COVER

MICHAEL CLUBB | STAFF An FBI and ATF agent talk with each other during an emergency situation on Thursday, March 25, 2021, at UK Chandler Hospital in Lexington, Kentucky.

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features

‘Color outside of the lines.’ How five UK women alumnae have found success

By Sarah Michels features@kykernel.com

What do an Olympian skeleton racer, feminist activist, former United Nations ambassador, award-winning historian of medicine and Kentucky State Treasurer have in common? They are all women alumnae of the University of Kentucky, and they have all found ways to use their talents to make the world a better place.

Simidele Adeagbo: Risk-taker Simidele Adeagbo takes Nike’s “just do it” slogan literally.

A former triple jumper at UK and Nike marketing employee, Adeagbo made history in 2018 as the first African to make it into the Winter Olympics in any event.

She thought her Olympic window closed in 2008 when she missed the triple jump standard at the trials. But then she heard about a team of women from Nigeria trying to make history by qualifying for the Olympics in the bobsled and was inspired to join them - despite knowing nothing about the sport. When the team announced a tryout, Adeagbo decided to take the 22-hour flight from South Africa, where she was working, to Houston for her second shot at her Olympic dream.

When she arrived, she found that while the bobsled team was already set, skeleton was still an option. It was an opportunity to make history as the first African and Black woman to compete in the sport at the Olympic level.

Adeagbo touched a skeleton sled for the very first time in September 2017, just over 100 days be-

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fore the 2018 Olympics opened.

Most people would have said “forget it” and moved on. Adeagbo is not most people. She made it happen, just like she did when competing as a triple jumper at UK under Coach Don Weber.

Adeagbo said Weber used to put her picture next to a phrase he thought embodied how she approached the sport—“who risks, wins.” Her propensity to take risks and willingness to do the work are the closest things she has to secrets to success.

“There’s definitely a lot of risk involved in every move that I’ve made and I think that that has helped me, particularly in my Olympic journey,” Adeagbo said. “I remember kind of just approaching it with a very open mind and thinking that I have nothing to lose…what’s the worst that can happen?”

When she’s facing skeleton’s mile-long frozen track, lying down head first, Adeagbo is scared. That fear never goes away, she said.

“I think that’s kind of part of life, and a lot of things you have to be willing to know that the fear is present, let’s still proceed,” Adeagbo said. “Skeleton makes that very real, like fear is part of it, but you have to be able to manage that fear and not let it distract you from the bigger goal.”

While it may be impossible to overcome the fear, Adeagbo learned to manage it by setting small goals. The first time she went down the track, her only goal was to not scream. She also maintained her calm by thinking of her broader mission—inspiring the next generation of girls

and Africans.

“When I thought about that, it helped ground me, and the fear seemed small, because the bigger purpose was so big,” Adeagbo said.

The Olympics is a three-week magical wonderland for athletes, she said. Since she broke the barrier as the first African to compete in the Winter Games, Adeagbo got to be the Nigerian flagbearer, which she described as an incredible, humbling experience.

After the Olympics, she realized there was more to be done.

Adeagbo wanted to make a more concrete contribution to the next generation of girls across Africa.

So she created a two-hour masterclass, designed specifically for teenage girls, to share the lessons she’s learned from sport and the corporate world on how to be an effective leader, stay disciplined, communicate well and build self-confidence.

Before her first masterclass in Nigeria, Adeagbo was nervous that she wouldn’t be able to hold the younger generation’s short attention span. But she had nothing to worry about.

“It was so awesome to see that not only did I hold their attention, but they were so engaged,” Adeagbo said. “I could see that they were hungry for this positive kind of reinforcement for people to pour into them for people to build them up.

Pam Elam: Lifelong activist There was only one book about women in Pam Elam’s junior high school library.

Elam, a renown feminist activist, soaked up every chapter.

She said the book, which includ-

ed famous women like Helen Keller and Susan B. Anthony, changed her life.

“This was before there were copy machines available in the schools,” Elam said. “I wrote out by hand that whole chapter on Susan B. Anthony and I still

have it.”

Elam spent 1970-1978 in Kentucky fighting for women’s rights, earning a UK bachelor’s degree in political science and law degree along the way.

But that wasn’t where her activSee ALUMNAE on page 5

Simidele Adeagbo competes in a jumping event as an athlete at the University of Kentucky. Photo provided by Adeagbo.

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ism started. It began at the age of 13 at the Kentucky regional and state speech festivals, where Elam made her first public speech on women’s rights.

Her accomplishments in Kentucky alone are lengthy: organizing the Council on Women’s Concerns at UK, getting the first Women’s Center in Lexington, fighting in the General Assembly for the Equal Rights Amendment, creating the Women’s Law Caucus and attending the historic 1977 National Women’s Conference in Houston, to name a few.

But no matter how hard she works, the battle is never won, Elam said.

“It’s a marathon, not a sprint,” she said. “The bottom line is, it’s a continuum, and activism doesn’t stop and start, stop and start—it never ends. Once you’re committed to it, you’re on for the whole ride.”

After her graduation from law school, Elam pursued her masters in women’s history at Sarah Lawrence College in New York.

She said knowledge of women’s history and activism is essential to being an effective feminist organizer.

“It’s like a treasure chest filled with all kinds of stories that energize you and inspire you and you can learn from,” Elam said. “I want people to know about these women, I want them to know the stories and the contributions these women have made, because certainly none of us ever learned that in school.”

After her graduation, Elam secured a series of jobs related to her activism. She served under feminist elected officials in New York City, organized over 100 hearings and drafted legislation concerning women’s issues for the New York City Council.

While “feminist organizer” isn’t technically a paid career, Elam

said that she creates her own way no matter her employer.

“You can’t just look at the paper online and say, ah, feminist organizer, I think I’ll apply for that position. It doesn’t exist,” she said. “(The job description) could have said legislative aide or assistant commissioner or deputy comptroller or whatever, but what I’ve always been and always will be is a feminist organizer.”

Kelly Craft: Mentor collector It only took a week at UK for Ambassador Kelly Craft to get homesick. Separated from her hometown of Glasgow, Ky., Craft missed the small-town community where she was raised.

Luckily, she happened upon that missing sense of community at UK. Craft was searching for her classroom when she ran into President Otis Singletary, who was walking around introducing himself to students. When he approached Craft, her homesickness peaked and she burst into tears.

That afternoon, Singletary invited Craft to his office and to dinner with him and his wife.

The Singletarys generous gift of a safe, comfortable environment away from home shaped Craft’s years at UK, she said.

Craft, the first female ambassador to Canada from 20172019 and U.S. ambassador to the United Nations from 2019-2021 under the Trump administration, said that there is someone who shapes your life every step along the way. The Singletarys were only one example in her long line of mentors.

Craft remembers her third grade teacher, Mrs. Conway, telling her she could do anything she wanted in life. The boss at her first job, well-traveled dress shop owner Mabel Wells, showed her what maturity and social etiquette looked like. Craft’s mother always pushed her one step further than she thought she could go.

“I think it’s really important that we all have mentors,” Craft

said. “Mentors that don’t necessarily think the same way that we think, or maybe are not the same political ideology, but people that are going to be honest with you—your group of friends that are smarter than you are in areas that you want to be, that help you to be curious and to just to push yourself to always do better.”

Being an American is a blessing and responsibility. Ambassador Craft knew this, but the lesson hit home during her tenure as the U.S. Ambassador to the United Nations.

Before she began the job, she spent the day with George W. Bush talking about how his father, George H. W. Bush, had approached his former position as UN ambassador. Bush reached out to every country, not just the 15 members of the Security Council. Craft followed the same strategy, which paid off when COVID-19 hit and smaller countries felt comfortable asking Craft for assistance.

Craft’s proudest accomplishment at the UN was maintaining a border crossing opening between Turkey and Syria to send humanitarian aid to Syrian refugees.

“To know that we as Americans were able to be part of saving millions of lives, and giving them human dignity, to me, is something that I will, I will always remember and I’m still working on,” she said.

As ambassador to Canada, Craft helped negotiate the largest trade agreement in the world, the United States-Mexico-Canada Agreement (USMCA), to replace the North American Free Trade Agreement (NAFTA).

Such a visible position of power comes with a lot of criticism—some constructive, some not so much. Instead of letting it affect her negatively, Craft takes criticism as energy, the wind at her back.

“Whenever somebody criticizes you, either you acknowl-

Kelly Craft, UK alum and former U.S. ambassador to Canada and the United Nations. Photo provided by Craft.

edge, thank you so much for that criticism, I’m going to be better, I’m going to have a course correction, or you just take it as a personal challenge,” she said.

Now, Craft has her eyes set back on her home state, Kentucky. She wants to bring back manufacturing jobs and attract successful young adults to stay in Kentucky and contribute to the Commonwealth.

“I feel we’re at a real crossroads and I want to make certain that I am part of the future, to better the state of Kentucky,” she said. “I still got a lot more to do, I can be better and do better and give more and be more and I’m not finished yet.”

Nancy Tomes: Alliance-builder When she went off to college in 1970, Nancy Tomes’ mother told her the goal was not to get a class ring, but an engagement ring.

Tomes, an award-winning

historian of medicine and professor at Stony Brook University, was raised to see other women as competition for the grand prize—“finding the perfect man to take us off into the sunset or whatever.”

Tomes had a different plan in mind. She found solidarity, rather than competition, with a community of women at UK. She was a member of the Council of Women’s Concerns, a student organization meant to promote feminism in Kentucky.

“It was just the point where the women’s movement was really starting to percolate,” Tomes said. “And so, we were very visible, sometimes I think to the annoyance of many of our fellow students, but it was like we had a cause. And it was really exciting.”

Several decades later, women are enjoying the fruits of the See ALUMNAE on page 6

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1970s feminist movement. But despite some improvements, Tomes said that her history of medicine field is still dominated by white men.

“You do have to put up with being condescended to,” she said.

“I think the line that for women in any field that you have to be twice as good before you get any attention—I think there’s a certain element of truth in that. I think that’s also true if you’re not white.”

Tomes wishes that she had been less afraid of reaching out to women different than her at UK to escape her “white bubble.” She encourages women there now to build alliances with other women, no matter their race.

“One of the good things about my career has been putting me in a setting where I’ve been in with more diverse faculty and students and I’ve kind of gotten to a point in my life where I don’t feel like I’m in a white bubble anymore,” Tomes said.

Tomes remembers visiting her father’s parents’ home near Mammoth Cave, with an outhouse and no electricity. She marveled at the changes that had transpired in her father’s life, and thus, her lifelong fascination with history emerged.

At UK, Tomes’ professors pushed her to get serious about being a historian. They connected her with esteemed women and gender studies historian Carol Rosenberg to guide her toward University of Pennsylvania graduate school.

“The special attention that I got from my professors was just transformative, they gave me a confidence in myself that I didn’t have, and I will be forever grateful for them,” she said.

However, it wasn’t until she met Rosenberg’s former husband, Charles Rosenberg, that Tomes discovered her ultimate path.

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Charles Rosenberg was the preeminent historian of medicine at the time, and he secured a job for Tomes working with historic collections at the Pennsylvania Hospital. She was instantly hooked.

“I can’t describe it, I just got fascinated,” Tomes said. “There are no doctors in my family, I cannot explain this, but it was like, wow. And I basically specialized in that my entire career, and still do.”

Allison Ball: State trailblazer Kentucky State Treasurer Allison Ball never had a five-year plan. After graduating from UK law school in 2008, she knew she wanted to have a family and a meaningful career, but had no idea how to make those goals a reality.

A decade later, Treasurer Ball is married with a 2-year-old son and a baby girl on the way, and she holds an office that allows her to spend her days making her state better.

“Who could have figured out that all those pieces would have come together when they did, but they did,” Ball said. “I would encourage my old self, you know, just keep going for the things that you believe in and pushing forward and don’t worry if you don’t know exactly what comes next.”

Not only did Ball successfully join the ‘boys’ club’ of government, she made history doing so.

When she was elected in 2015, she became the youngest statewide elected woman in the U.S. A few years later, Ball became the first statewide elected woman to have a baby while in office.

For Ball, the future now has a face. She said she’s always worked for a better future for Kentucky, but since she gave birth to Levi, her motivation to make the world better intensified.

Ball hopes her trailblazing shows women that they can do it all and do it all well. “(Women) don’t have to wait until they’re older, until their families are established, until

KEVIN JAIRAJ USA I TODAY SPORTS Feb 16, 2018; Pyeongchang, South Korea; Simidele Adeagbo (NGR) competes in the skeleton ladies individual run 1 during the Pyeongchang 2018 Olympic Winter Games at Olympic Sliding Centre.

their careers are established to do things that they feel called to do,” she said. “I think there is a recognition that you can have a successful, happy family life—if you want to do that— and have a successful meaningful career.”

‘Color outside of the lines’ A year or two before the Olympics, Adeagbo took a trip back to Lexington for a friend’s wedding. She took a tour of campus while in town and happened upon an unexpected source of inspiration.

Adeagbo noticed flags around campus featuring the names of prominent alumni and their accomplishments. She noted that many of these banners didn’t list people like CEOs, but rather people who had made their own distinctive lane. At the time, Adeagbo was climbing the Nike corporate ladder, but she began to think bigger. What unique thing could she bring forth into the world? She found her answer in

skeleton.

“I don’t know if I’ll ever get one of those banners, it’s not about the banner, but it’s about really kind of just opening yourself up to, what is that that footprint that you’re leaving in the world?” Adeagbo said.

Currently, Adeagbo is training full-time for the 2022 Winter Olympics in Beijing, China. This time, she’s aiming to compete in both skeleton and monobob, a single person bobsled event making its Olympic debut. She wants to make sure the continent of Africa is represented at the Games.

She is also re-exploring journalism, her college major. Adeagbo wants to use her marketing and journalism skillsets to tell athletes’ stories, hopefully at the 2024 Paris Olympics.

“It is easier to follow a path that’s already been made, but also be willing to step off the path that’s been made and explore and see what happens,” she said.

“You can’t be afraid to color outside of the lines.”

‘A source of inspiration’ It took Monumental Women seven years to get New York City to place a statue of a real woman in Central Park. Elam, Monumental Women president, and her team fought against the city’s bureaucracy to establish a women’s rights pioneers monument.

“People find it hard to believe that New York City didn’t already have any kind of tribute to women, let alone something that focused on women’s rights,” Elam said. “You can take a place like Central Park, and know that 42 million people go to that park every year and they can see statues of Alice in Wonderland and Mother Goose and Juliet with Romeo but no real women. I mean, unbelievable.”

Monumental Women unveiled the monument on the 100th anniversary of the ratification of the See ALUMNAE on page 7

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19th Amendment, which gave women the right to vote.

Elam said that the project is her proudest accomplishment.

The statue serves as a go-to place in New York, with various women’s groups hold meetings there.

When Ruth Bader Ginsburg died, people came to the monument and left banners, flowers and tributes. When Kamala Harris was elected vice president, women left their “I Voted” stickers on the statues.

“It meant so much on so many levels,” Elam said. “It’s not just that it’s a beautiful work of art, it’s the fact that it’s a living thing, because it inspires activism and people come to it as a source of inspiration and bring their children and tell them what these women did.”

Sharing women’s voices

Strong female leadership in Kentucky is nothing new. What’s missing is encouragement.

Treasurer Ball said research shows that unlike men, women typically don’t run for office unless someone asks them to.

“I hope someday we get to the point where women don’t have to be asked. But for right now, I like to take the time when I see someone who has potential, when I see someone who has something to contribute—so many women do—that I ask them, run for office,” Ball said.

The need for women’s voices extends beyond the halls of government. Ball encourages every woman at UK to level the playing field in whichever way they feel called, whether by starting a business, becoming a doctor or scientist, or running for office.

“We need your voice,” Ball said. “Keep pushing for the things that you believe in and the things that you have an aptitude for.”

‘Do not put them to sleep’ In the decades since her 1974 graduation from UK, Tomes has researched and written multiple highly acclaimed books. In Remaking the American Patient: How Madison Avenue and Modern Medicine Turned Patients into Consumers, she explores a troubled, patients-as-consumers health care system from the beginning of the 20th century to current day, according to a New York Times review.

Her work won her the 2017 Bancroft Prize in American History and Diplomacy, an annual award granted by Columbia University and considered to be one of the most prestigious honors in the field. Tomes said winning the Bancroft Prize was life changing.

“There are days that I wake up and still, I still can’t believe it,” Tomes said.

She hopes that her work makes way for a more intelligent conversation about U.S. health-

JACK WEAVER I STAFF The “Stand” statue in downtown Lexington memorializes women suffragists who fought for the 19th Amendment, which secured women the right to votes. Pam Elam looks up to suffragists like Susan B. Anthony as part of the history of feminism.

care. In the past decade, she’s been happy to notice the conversation shift from a refusal to acknowledge the problems in the American healthcare system to an acceptance of their existence and a willingness to work on them.

But Tomes is more than a scholar; she’s also a professor at Stony Brook University, a public university in New York. As a first generation college student, she said it is exciting to offer a high-quality education to students with a similar background.

She said she thinks teaching has made her a better scholar.

“It really helped my writing, because I just had to think about, here’s this sort of complicated abstract thing, but I’m going to try to explain it in a way so they can understand it, but also so I don’t put them to sleep,” Tomes said.

“That has been probably my top goal as a professor—do not put them to sleep.

‘Reach across the aisle’ Treasurer Ball’s Kentucky roots run deep—200 years deep, to be exact. As a ninth generation Eastern Kentuckian from Floyd County, Ball said she recognizes and values the beauty and diversity of Kentucky.

Her campaign for Kentucky State Treasurer wasn’t Ball’s first election victory. While she was at UK law school, she ran for the second year (2L) representative position, campaign speeches and promises and all. She points to her success in that position as the beginning of her journey to her current position.

“I think that prepared me in a lot of ways to think, you know what, I can do this,” Ball said.

“If I did this with my classmates, I can do this for real, in the big time, running in all 120 counties in Kentucky.”

UK also taught Ball the importance of relationships, even with those whom she disagrees with politically. Ball and her classmates argued against each other

during class, but still learned how to be friends afterwards. This is a crucial lesson Ball said people today often forget.

“I know that I’m able to reach across the aisle to people from another political spectrum, and I’m able to pull in people who have different expertise than I do, because I know them— because we went to school together,” Ball said. “We don’t even have to agree on everything, we can still accomplish our goals and think long term.”

Never-ending road to equality Since she was a little girl, Elam said she’s been operating under a system of absolute controlled rage.

This anger at the discrimination women have faced throughout history, along with her admiration for the women who have fought before her, is what keeps Elam motivated in her push for change when others might get burnt out. She found a particularly strong motivation at UK. “UK didn’t really do anything for women’s rights, the only the only positive thing I could say is that it was a fertile ground for feminist organizing,” Elam said.

“The need was so great. There was nothing already existing we had to, you know, start the engine and put the pedal to the metal.”

Elam hopes today’s UK students can learn something from the “Pam Elam Papers,” her collection of 1970s feminist organizing efforts donated to the King Library. She also wants the feminist activists on UK’s campus now to know that women like her are rooting for them—and to get as much as rest as they can now.

“You’re going to need it longer than you even thought in terms of the road to equality, but never give up, never give in,” she said. “All of us working together, we’ll have that fundamental change that we’ve sought for so long, it just takes longer than you ever thought it would.”

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news

Supreme Court sides with Kernel in open records battle against UK

By Natalie Parks editor@kykernel.com

The Kentucky Supreme Court has ruled in favor of the Kentucky Kernel in an open records lawsuit from the University of Kentucky, upholding the ruling from Kentucky’s Court of Appeals and ending a fiveyear legal battle.

The Kernel was sued by UK after the university declined to turn over records in a sexual assault case.

The lawsuit proceeded with alternate rulings through district and appellate court, with the interpretation of Kentucky’s open records law at stake.

“We too find that the University failed to comply with its obligations under the ORA [Open Records Act] and that the trial court clearly erred in finding the entire investigative file exempt from disclosure,” reads the affirming opinion from Supreme Court Justice Lisabeth Hughes in the ruling announced on Thursday, March 25.

The Supreme Court heard oral arguments from the Kernel and UK in October of last fall. UK spokesperson Jay Blanton said the university “respectfully disagrees” with the court’s ruling.

“We are confident that we will be able to make our case to the Circuit Court about what records must remain private to protect the privacy rights of our

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students,” Blanton said.

Now, the issue will return to trial court for the dispensation of the records.

UK must sort the entirety of the records, releasing the non-exempt files to the Kernel and providing justification under state privacy law for each record that it withholds – the same result as if the university had complied with the request in the beginning. !"#$%&'("#)"*+',$+%-.)"* The Kernel’s lawyer Tom Miller said the ruling was significant because the Supreme Court strongly condemned UK’s arguments in the opinion.

“It’s very unusual to get an opinion of that length which includes language so critical of one of the party’s actions,” Miller said.

The Supreme Court ruling upheld crucial legal precedents of Kentucky’s open records law, Miller said. The court’s opinion highlighted three important aspects of the open records law, denying UK exemptions under the preliminary and personal protection clauses of Kentucky’s open records law and affirming a new precedent in how the federal education privacy act, FERPA, is enacted in Kentucky.

“During the course of that investigation the public agency does not have to release any of its investigatory notes,” Miller said of the preliminary clause.

MICHAEL CLUBB | STAFF The Kernel’s lawyer, Tom Miller, is reflected in a plexiglass shield during oral arguments heard by the Kentucky Supreme Court in UK’s lawsuit against the Kernel on Friday, Oct. 23, 2020, at the Supreme Court in Frankfort, Kentucky.

“Now those notes, which the Supreme Court recognized, are no longer preliminary once there has been a final action on the employee.” Because Harwood resigned from the university, the documents were no longer preliminary and the Supreme Court ruled UK could not use that as justification for withholding them, despite the sexual assault investigation not being adjudicated at UK. UK said they could not release the records

because of the identity of the students who reported Harwood for sexual harassment were included.

But the Supreme Court recognized that the Kernel’s original request in 2016 asked for the students’ names and identifying information to be redacted.

“We both agreed on that point,” Miller said. “How the protection of the individuals was to be implemented was substantially disagreed on.”

Protecting the identity

of the victims is a different matter than the identity of the accused, which in this case was former professor James Harwood, because “the interest in protecting that individual supersedes the public’s right to know who that was” Miller said.

During oral arguments in October, the justices pressed UK’s lawyers on public interest because of the potential for a professor investigated for sexual assault to move to another university without sanc-

tion.

“The university took the position that the federal act prevented it from releasing any documents in the investigating file because a student name or two was included in that file. And the court agreed with us that that’s a ridiculous interpretation, that the funding statute is not - they used the term, which they adopted from our brief – a cloak of secrecy,” Miller said.

See RECORDS on page 8

Monday, March 29, 2021

news RECORDS CONTINUED FROM PAGE 8

Essentially, the Supreme Court said FERPA is not an absolute prohibition of sharing records as long as students’ information is redacted. Miller said nearly all federal courts have made the same ruling, but it is the first direct ruling on FERPA in Kentucky.

“I personally feel that they just made up this defense using the FERPA so they didn’t have to produce anything. For instance, and it’s in the opinion, they refused to provide a camera manual to us, because it was in the file in the investigative file and using FERPA as the veil of secrecy meant they couldn’t give us a single document from the file,” Miller said. “The Supreme Court just destroyed them on that.”

The first two aspects of the ruling are already writ-

ten into the open records law in Kentucky, which is why Miller said UK’s position was “indefensible.” !"#$%&'#()*+ UK sued the Kernel following an open records request filed by student journalists in 2016. The records in question and at the heart of the legal proceedings were related to sexual assault allegations against then-professor James Harwood.

“Students often expect there to be some kind of fight over records and transparency, but not something that goes on for this long and something that the university is willing to spend tens of thousands of dollars on taxpayer money on,” said Chris Poore, advisor to the Kernel when the lawsuit began. But if there is one thing that will fire up a student journalist, he said, it’s being told no.

UK declined to turn

over the records, citing FERPA, and sought judicial review.

“The FERPA “education record” exclusion was clearly not intended as an “invisibility cloak” that can be used to shield any document that involves or is associated in some way with a student, the approach taken by the University in this case,” the Supreme Court opinion said.

Will Wright, the Kernel journalist that filed the initial records request, said he was excited and happy to see the court finally rule in the case - and on the right side, too.

“This is a big deal, Wright said. “I think it shows that despite sometimes there being pushback from public entities like the University of Kentucky, that the court stands with having an open and accountable government.”

UK first sued the Kernel after then-Attorney Gener-

MICHAEL CLUBB | STAFF Chief Justice John D. Minton Jr. listens to UK’s lawyer during oral arguments heard by the Kentucky Supreme Court in UK’s lawsuit against the Kernel on Friday, Oct. 23, 2020, at the Kentucky Supreme Court in Frankfort, Kentucky.

al Andy Beshear ordered the university to disclose the records.

“They essentially were saying trust us,” Poore said.

Fayette County Circuit Court initially ruled in favor of the university, but Kentucky’s Court of Appeals found that UK failed its obligations under records and failed to justify the records’ exemption from open records.

In its analysis, the Supreme Court opinion said that the crux of the issue was whether the entire file related to the Harwood investigation was exempt or not, as the file contained hundreds of pages of information.

“The University treated the Harwood Investigative File as if it were one giant record, unable to be separated or compartmentalized when in fact the investigative file is a 470-page collection of various types of records. Grouping all the documents together as one record to avoid production is patently unacceptable under the ORA,” the opinion said.

During the October hearing, UK’s lawyers focused on student privacy concerns, especially the identity of the victims and potential damage to their well-being if their names were to be released.

This point was refuted by the justices and the Kernel’s representation, who acknowledged that the identities of the students were already known to the Kernel and had not been published in five years’ worth of articles.

Additionally, Miller said it was unbecoming of the university to claim that the Kernel wanted the re-

cords to sensationalize the sexual assaults, as UK’s representation did at the Supreme Court hearing.

“The staff, which were mostly women, wanted disclose the identities of these sexual abuse victims, and had some kind of prurient interest in getting the documents that were requested, that was a really bad form,” Miller said. The names were disclosed on one occasion, but by UK, not the student newspaper, when they were not redacted in papers distributed in a university Board of Trustees meeting.

Miller focused on precedents set in open records disputes, suggesting that privacy concerns could be solved by the redaction of the information rather than a complete denial.

The Supreme Court opinion ultimately said that though the university may find the Kernel’s request “burdensome and intrusive”, it was not up to the university to decide to disclose the records.

“Those decisions are ultimately for the courts within the parameters of the ORA, and to facilitate those decisions the University must first fulfill its obligations to the public under the statute and this Court’s ORA precedent,” reads the conclusion of the unanimous ruling.

“The fact that it was unanimous, I think is really reassuring and sets a good precedent going forward, open records and for accountability that UK,” Wright said. ,"-'.'/"(')0# WKU, EKU, NKU, Morehead State University, Murray State University,

the University of Louisville and Kentucky State University all filed amicus curiae briefs to the court in support of UK’s position.

The Kentucky Press Association, News Leaders Association, Reporters Committee for Freedom of the Press, Society of Professional Journalists and Student Press Law Center filed amicus curiae briefs in support of the Kernel’s position.

Chris Poore, who was media adviser to the Kentucky Kernel when the lawsuit began, thanked these organizations for their financial and moral support.

“Their support has been almost immeasurable,” Poore said. He also thanked Tom Miller, the Kernel’s lawyer.

Poore credited the Kernel’s student journalists, who persevered with legal proceedings through five years of staff turnover, with the resolve necessary to pursue the records.

“Every year was a brand-new editor who had to dig in and figure this case out,” Poore said.

“We’ve had generations now of student journalists who have worked on this and realized and and treated it like it was important.”

Wright, the 2015 - 2016 Kernel editor-in-chief and current reporter for the New York Times, said he never expected his request to lead to the Kentucky Supreme Court.

“The way that every staff has made it our mission to keep this fight going shows just how important the issue was,” Wright said.

See RECORDS on page 21

spring 2021 | 9

Monday, March 29, 2021

editorial !"#$"%&'()*+#,%&-+,#(

THIS BATTLE IS (KIND OF) OVER. IT SHOULDN’T HAVE HAD TO BE FOUGHT. Five years. Six editors. Thousands of dollars in court fees and lawyer payments.

The University of Kentucky’s lawsuit against the Kentucky Kernel has had a heavy toll. But in the end, the ruling was simple: the University of Kentucky’s arguments were not based in the letter of the Open Records Act, and the University of Kentucky failed to obey the spirit of the law throughout five years of legal proceedings.

The ruling from the Kentucky Supreme Court is a clear victory for the Kernel, for journalists, and for everyone that relies on open records – which is all Kentuckians, and all citizens. Open records are a mechanism for holding public agencies accountable that the University of Kentucky is bound to as a taxpayer-funded institution. Pursuing a lawsuit against its student newspaper cost UK money, too.

But we would be remiss not to mention the fact that the outcome of this case is exactly the same as what would have happened if UK had complied with the initial request five years ago. The Supreme Court ruled that the case return to trial court on remand, which means UK must sort through the documents and turn them over to the Kernel with legal justification for each record withheld, a process explicitly outlined in the open records law.

A circuitous path through three different courts has brought the university right back where it started.

So why did it take five years in court for the university to comply with a request that was within the bounds of Kentucky’s open records law along?

At the end of this ultimately roundabout exercise, the past five years look more like an excuse for the university to flex their muscles over an independent, student-run newspaper.

The Kernel committed to standing up for freedom of information and the rights of journalists.

Still, we are saddened to know five years of legal 10 | kentucky kernel

proceedings at the highest level in the Commonwealth were necessary for the university to comply with the law.

The university claims that they pursued this issue in court out of an obligation to protect the identities of their students. This is false. From the start of this ordeal, the Kernel asked for names and identifying information to be redacted from the documents – the exact same measure now conferred upon the university by the Supreme Court.

Additionally, the university misrepresented the Kernel’s purpose behind pursuing the records and accused student journalists of negligence and insensitivity.

To suggest that the Kernel sought these records in order to sensationalize the trauma experienced by the individuals, as the university’s representation claimed at the Supreme Court hearing, discounts who we are, not just as journalists, but as human beings. The Kernel had women as editors the year the lawsuit began, the year the case was heard by the appellate court and this year at the Supreme Court hearing, a fact that makes those implications even more absurd.

Furthermore, to suggest that the Kernel would be careless with personal and sensitive information ignores the utmost caution that has gone into the Kernel’s reporting on the Harwood investigation so far. No current Kernel staffers know the identities of the victims. And, because all along the Kernel asked for the names to redacted, no Kernel staffer will again.

Despite being the “winners” in court, the Kernel recognizes that this legal circus should not have been necessary, and that it has dragged out the victims’ experience far past what should have been an open and shut investigation. The Kernel finds it disgraceful that the trauma experienced by

the victims has been reduced to a legal squabble between two parties equally aware of the letter of the law. But it is the burden of the university to fulfill the law, and the responsibility of the press to hold them accountable for it. It is fundamentally disrespectful that the original intent behind the records request - to shed light on an alleged sexual misconduct case and bring justice to the victims has been overshadowed by a five-year legal struggle about freedom of information. By refusing to comply with the initial request, and complicating the process every step of the way, the university has dragged out what in the end is a very simple process.

At the highest level of the law in the Commonwealth, the Kentucky Supreme Court, the justices unanimously agreed that the university’s arguments were baseless and furthermore that UK failed to meet its obligations under the open records law and showed disdain for the process. At a basic level, the Kernel won. It cost time. It cost effort. It cost many student journalists the experience of an unencumbered newsroom. But it is no victory to know that our public institutions actively resist the obligations they have to citizens. And the battle is not quite over – the case will revert back to trial court for a full examination of the documents. The Kernel’s representation has already reached out to the university to begin this process. Beyond this particular matter, open records in Kentucky are under attack in the legislature. The Kernel hopes that our suit serves as a lesson and reminder of the importance of a functioning press and free information, and that the universities with outstanding obligations to the Kernel and other student newspapers in open records disputes take heed of this case’s precedence and act accordingly. We will not rest until they do.

Monday, March 29, 2021

editorial

University of Kentucky failed open records process during five years of lawsuit !"#$%&'()*%'+%,--$./0%$1-#.023$4%*#.*%*#$%5627$)02*8%9$/.*$4/8%+2/$4%.%4$+2:2$6*% 264$;%'+%*#$%<2*##$/4%)$:')40%.64%424%6'*%$7$6%.**$1-*%*'%:'1-/8%<2*#%*#$%=>,%26% .68%1$.626?+(/%<.8@%!

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Monday, March 29, 2021

news

Audit details cyberattack on UK systems, outlines security weaknesses

By Natalie Parks editor@kykernel.com

A newly released audit shows that the University of Kentucky was “perilously close” to a system-wide shutdown as a result of what may have been the most significant cyberattack on the university.

The 46-page audit explains that the cyberattack, which was targeted towards UK HealthCare systems, installed malware on university servers in order to mine cryptocurrency like Bitcoin.

The hackers’ focus on UKHC systems prevented a far worse leak; according to the audit, there was no evidence that protected health information was compromised, though a consultant said this was possible.

“Had the threat actors gotten further into UK’s Active Directory, there would have been little to stop them from taking over the university’s systems, locking them down and demanding a ran- STAFF FILE PHOTO som,” the audit states. Instead, Memorial Hall on Monday, April 6, 2020, at the University of Kentucky in Lexington, Kentucky. the impacted systems were limit- ed breach last year.” crosoft “their assistance was not ty of Kentucky was indeed fortued to computers of IT, executives According to the audit, they needed.” On Feb. 4, UKHC faced nate. This time,” the audit stated, and physicians in UKHC and cyberattack may have begun as a six-hour shutdown but retract- citing a 2020 ransom attack on a UKHC’s servers for patient care early as December 2019 and had ed their work order before Mic- healthy system that cost tens of and business operations, accord- thousands of endpoints (devices rosoft could engage. As of Feb. millions and affected patient care. ing to a graphic of the incident’s like computers) at the university.

23, there were 700,000 instances But UK could still be vulnerable progression in the audit.

The first confirmed evidence of malware in UK’s domain. UK to cyberattacks if they do not imUK spokesperson Jay Blanton of the hack, conducted by attack- ended the attack on March 8 by prove their security management, said the university is working to ers outside the U.S. border, was completely shutting down and the audit warned in multiple secimprove their cybersecurity mea- found in January 2020 in an app rebooting the entire system by tions. sures. used by UKHC pharmacies. The “severing Internet access to, in The university spent $5 mil“The work of cyber security audit reports three missed oppor- effect, kick the attackers out and lion to cut off the attack, includnever stops. It is an ongoing pro- tunities before then. further secure the system against ing costs for consultants and revcess,” said Blanton. “The work UK made multiple reports to anyone who tried to re-enter.” enue losses from compromised of a number of individuals across Microsoft for assistance. On Jan. The outage lasted three hours. computers. $4 million went to our campus stopped this attempt- 29, UK made a report but told Mi“In this instance, the Universi- direct measures for mitigating the

12 | kentucky kernel

attack and $1 million in associated employee time. Consultants contributed to the $5 million expenses, including nearly $15,000 for food and travel.

Crowdstrike and Microsoft were both engaged as vendors to assess UK’s cybersecurity weaknesses, which the audit said it was “imperative” to address.

Because UK HealthCare’s infrastructure resides within the university’s larger umbrella, the consultants recommended adjusting overall operational procedures.

“This incident was a result of systems that are operated independently yet are not truly separate and governed by distinct entities that have not communicated optimally to protect the entire enterprise from cybersecurity threats,” the audit states.

Additionally, university conducted reviews have noted 70 vulnerabilities related to information security since 2013, including “improperly configured domain administrator accounts to poor provisioning and deprovisioning practices and insufficient patch management processes, each of which are significant alone.”

Unnecessary administrative accounts were used by the threat actors in the attack, a vulnerability pointed out 18 months prior that “exponentially increased the incident’s reach, severity, and impact.”

Administrative accounts can “change ownership of relevant documents or folders and either restrict access, copy or transfer See AUDIT on page 13

Monday, March 29, 2021

news AUDIT CONTINUED FROM PAGE 12

data without other authority, or tamper with protected security policies” and thus should be limited only to those who have to maintain the system, the audit stated. Furthermore, the university had no procedure for deactivating old accounts.

Thousands of endpoints were running operating systems as many as six years past “end of life,” which meant they could not support current security software.

Though UK has made “marked progress” since the attack, UK’s

cybersecurity is still lacking. Five months after the attack, UK’s IT system was rate as “critical risk” in four out of five risk categories.

“The university has critical, unmitigated risks and, as a result, does not maintain a strong information security posture,” the audit said.

Following the attack, UK will implement a number of measures to correct potential weak areas pointed out by the audit.

Among them are the development a “quarantine network,” a better patch management system and decreasing the number of administrative accounts, the last of which was a key weakness point-

ed out by the audit.

“While there are pockets of very good work being done, there is an underlying ad hoc approach that cannot sustain effective and efficient operations,” the audit stated in calling for a comprehensive overview to cybersecurity.

One of the main findings of the audit was that UK’s distinct IT services for its branches (UKHC IT for healthcare, ITS for campus) is a vulnerability because it reduces reaction time and creates two workflows.

“Disparate organization contributes to the lack of consensus over strategy and prevents the ability to adequately address en-

terprise-wide risks,” the audit stated. “This organizational structure was a contributing factor to the incident and continues to exacerbate these vulnerabilities.”

To correct that, UK will appoint a single chief information security officer. The audit also recommended that UK create a formal cyberattack response plan, since “even the existing security staff do not agree on many aspects of how things are done or how things should be done.”

The audit includes “action plans” with milestone dates for multiple areas of information security management to amend operations by.

As the audit notes, UK had a fortunate escape to this cyberattack.

“It really isn’t clear how UK hasn’t experienced a major security incident to this point, and how they would handle a major security breach if it did occur,” the audit stated.

The audit concluded by preparation is key in limiting the fallout of protected information because universities will continue to be subject to cyberattacks.

“The only question really is whether it will be a “big one” or a “small one,” and how much damage it will cause and residual effect it will have.”

Women trump, men fall to UT in tennis

By Hunter Shelton sports@kykernel.com

Another split result for Kentucky tennis on Sunday afternoon as the No. 23 ranked women triumphed over the No. 19 Volunteers while the No. 20 men’s team fell to No. 3 UT. At 12 – 4, the women have struggled in conference play, while Volunteers had won four of five coming into Lexington.

Doubles play featured a ranked match-up with UT’s No. 25 pair Esther Adeshina and Daria Kuczer battled UK’s No. 6 Akvilė Paražinskaitė and Fiona Arrese, trying to bounce back from their first loss of the season on Friday.

The Cats were first to victory as seniors Lesedi Jacobs and Anastasia Tkachenko defeating Rebeka Mertena and Johanna Silva 6-2. UT came back on court two as Tenika McGiffin and Carly Briggs ended No. 66 Carla Girbau and Elizabeth Stevens’ two-match win-

ning streak.

It took over an hour to decide who got the doubles point, but Paražinskaitė and Arrese outlasted Adeshina and Kuczer 7-6, improving their doubles record to 13-1.

Singles play was headlined by No. 42 Paražinskaitė facing off with No. 56 Eleonora Molinaro. That match was the first to conclude, with Paražinskaitė snapping her two-match losing streak by defeating Molinaro in straight sets, 6-2, 6-4.

The Volunteers got on the board when Kuczer got the better of Arrese, only her second loss of the season .

Jacobs put Kentucky up 3-1 with her first ranked win of the season, besting No. 46 Briggs 6-1, 2-6, 6-2.

Tennessee’s hopes were ended by Maialen Morante, who defeated Silva in three sets, 3-6, 7-5, 6-3, giving Kentucky a hard-fought win over a ranked opponent.

Kentucky’s men faced a similarly tough match-up.

The Vols, 7 – 1 in SEC play,

boast ten ranked wins on the season. UK’s ranked pair Cesar Bourgois and Gabriel Diallo knocked off UT’s No. 3 Adam Walton and Pat Harper 6 – 3 in the biggest win of the season for Bourgois and Diallo, who just two days before lost to the No. 7 tandem in the country at Georgia.

Tennessee punched back on court two, as No. 67 Johannus Monday and Martim Prata handed Millen Hurrion and Liam Draxl their first loss as partners this spring.

UT clinched the doubles point with Giles Hussey and Mark Wallner defeating Joshua Lapadat and Yasha Zemel 6-3, giving UT a 1-0 lead over the Wildcats.

Both teams had four ranked singles players on Sunday afternoon, including a showcase between No. 22 Draxl and No. 17 Monday.

UK and UT traded points in the matter of moments, as Draxl claimed his fourth top-20 win of the spring by cruising past Monday 6-3,

MICHAEL CLUBB | STAFF Fiona Arrese hits the ball during the UK vs. Tennessee women’s tennis match on Sunday, March 28, 2021, at Hillary J. Boone Tennis Center in Lexington, Kentucky.

6-4. Draxl now sits at 16-1 by defeating UT’s highest from the win, clinched by on the season. The Volun- ranked player, No. 16 Wal- Hurrion. teers fired right back on ton 1-6, 6-0, 6-3. Tennessee Hurrion snagged his first court four, as Luca Weiden- regained the lead on court ranked win of the spring mann dealt Bourgois his six as Wallner fought past over Kentucky’s Prata, finthird consecutive loss, win- Mathis Moysan 6-4, 7-6. ishing the match in favor of ning 6-1, 6-3, reclaiming Only a couple of minutes UT 4-3. the lead for the Vols. later UT’s No. 80 Hussey Kentucky men’s tennis is No. 46 Gabriel Diallo, made beat No. 84 Lapadat 7-6, now 14-5 on the season and a statement on court two 6-2 and was one point away 4-4 in conference play.

spring 2021 | 13

Monday, March 29, 2021

news

Rallies condemn violence against Asian Americans, call for solidarity

By Natalie Parks editor@kykernel.com

A gray sky and bitter wind set the tone for a day of mourning and remembrance on Saturday in Lexington, as hundreds of people gathered for rallies condemning rising violence against Asian Americans.

Dozens of cities across the country held similar rallies in memory of the victims of the March 16 shooting in Atlanta, where eight people – six of them women of Asian heritage – were killed by a lone gunman, Robert Long.

Two rallies were held in Lexington, one at 11 a.m. and one at 2 p.m., both outside of Robert Stephens Courthouse. The first rally featured multiple speakers.

Many rally participants said the Atlanta shooting was a shock and wake-up call. 15-year-old Sofia Wu, who helped organize an afternoon rally, said she reacted strongly to the Atlanta shooting.

“It was just l a very unexpected visceral, emotional reaction to something like that happening,” Wu said. “We had kind of been standing in allyship earlier this summer with the Black community and facing all the police brutality, but I never really fully got it until now.”

14 | kentucky kernel

JACK WEAVER | STAFF A pair of rally attendees hold signs decrying racism at a day of remembrance for victims of anti-Asian violence held in downtown Lexington on Saturday, March 27, 2021.

Though Long has now been charged with murder, the initial police response to the shooting sparked outlash when investigators brushed off the violence by saying Long had had “a bad day,” a statement condemned by speakers at the first rally on Saturday.

Long purchased the gun used the same day of the

shooting, bringing renewed attention to American gun laws. But the Atlanta shooting also shone a spotlight on the intersection of racism and misogyny and the effects that conflux has on treatment of sex workers.

Dr. Huajing Maske, executive director of the Office of China Initiatives, spoke at the morning rally.

She said the Atlanta shooting was a reminder of the long history of oppression of Asian Americans.

“No longer we can remain voiceless, invisible and even raceless. We must address the issue of the perpetual foreigner,” Maske said.

Like other speakers, Maske exposed the myth

of Asian Americans as the “model minority”, saying she refused to stay silent and stoic any longer.

“Yes, it is true that most of our Asian Americans are self-reliant. We are resilient and we don’t want to make waves,” Maske said.

“However, let me tell you this not speaking up does not mean we do not suffer,

nor does it mean that we do not experience prejudice.”

Maske said the answer to racism is solidarity, a fact demonstrated by the multinational coalition that organized the morning rally, which began at 11 a.m. and was attended by nearly 200 people.

Chinese, Nepali, Filipino, Taiwanese, Korean and Japanese groups all coordinated the morning rally, a day of remembrance, in partnership with faith groups.

“The allyship is pretty amazing,” said attendee Vivian Liu said. “I came here thinking maybe three four different speakers from different groups, but we really had a lot of support around the community that’s really awesome.”

Speakers said that their friends and family in other countries are worried about their safety in the U.S. Approximately 15,000 people of Asian American and Pacific Islander heritage live in Lexington.

Dr. Keiko Tanaka, a first-generation immigrant and professor of sociology at UK, is one of them.

Tanaka spoke at the morning rally and said the Atlanta shooting was a wake-up call for her She regretted not speaking up sooner, and had enough of the model See RALLIES on page 15

Monday, March 29, 2021

news RALLIES CONTINUED FROM PAGE 14

minority myth being used as an excuse to treat Asian Americans as invisible.

“The problem is white hate and white terrorism,” Tanaka said. She cautioned against coalitions against racism from turning to the kind of hatred that fuels white supremacy.

Many speakers in the morning and afternoon rally, which began at 2 p.m. and had around 100 attendees, also decried the model minority stereotype.

“Asians are not the model minority myth,” Sofia Wu said. “We are not going to kind of sit by and

watch this happen and continue to be subservient to an oppressive society.”

Ailis Wiggett, a friend of Sofia Wu’s, said it was important for white people to take these issues seriously.

“It’s really important for white people to listen and educate themselves and it’s very important to show your support right now,” Wiggett said. “Even though I can’t relate to how these people are feeling, I’m very willing to listen to them and educate myself.”

Liu, a Lexingon resident who works in finance, said she hoped the rallies brought awareness to the racism Asian Americans face regularly.

“We experienced this

for a long time, so to us sometimes it’s common knowledge, but maybe it’s precisely the blind spot for me of how it’s little-known outside of this community,” Liu said.

“It’s very easy to see all the hatred that’s happening right now and it’s really awesome to see a whole community come out in support of one another,” Wiggett.

Many of the speakers recognized the importance of all races coming together to combat racism instead of further dividing themselves.

Dan Wu, a local Lexington business owner who spoke at both rallies, said that kind of division is white supremacy’s greatest

JACK WEAVER | STAFF Dr. Keiko Tanaka, a professor of rural sociology at UK, speaks about anti-Asian prejudices during a rally remembering the victims of the March 16 Atlanta shooting held in downtown Lexington on Saturday, March 27, 2021.

weapon.

“This acceptance and safety is an illusion,” Wu said of the “good Asian” myth. “As long as the system is exists, the system that keeps us down, the system that divides us - as long as this system exists, none of us are safe.”

Liu said she agreed with Dan Wu’s speech where he said everyone has racist thoughts they must choose to confront.

“That’s probably a pretty loud and bold message,” Liu said. “But I think it’s true.”

That sentiment set off the afternoon’s only tense moment, when a white bystander interrupted Dan Wu’s speech while Wu was calling out specifical-

ly white people and telling them to call their sexist and racist friends.

“You’re up here talking about us white people, I’m not racist b***h!” the woman yelled. “You’re not a Lexington native. Get out of the f**king city b***h, I’m not a racist, b***h!”

Wu waited for her to be escorted away from the stage before continuing.

Meanwhile, Lexington resident and rally attendee Omar Anderson took it upon himself to talk down the woman off to the side of the event.

“She took it as that he was attacking her alone,” Anderson said. As a Black man adopted by two white parents, Anderson used a lifetime of experience with

tense racial clashes to react to the interruption.

“Two negatives make a positive in math, but they don’t make a positive in life You have to be positive. Even if somebody gives you negative energy, reciprocate positive,” Anderson said, which is what he tried to do.

“The last thing I wanted was somebody to get involved with the police.

I’d rather the police be there, but also be able to talk somebody down off of a negative mentality,” Anderson said. Lexington police officers, who were on the scene for both rallies, responded to the incident but stood back while Anderson approached her.

See RALLIES on page 16

JACK WEAVER | STAFF A young child holds a sign saying “Stop Asian Hate” while listening to speakers at a rally against racism held in downtown Lexington on Saturday, March 27, 2021.

spring 2021 | 15

Monday, March 29, 2021

news RALLIES CONTINUED FROM PAGE 15

Anderson said Wu’s statement might have come off as edgy or abrasive to some people, but that some are not educated enough to understand the nuance of his speech – and “that’s the breakdown of what’s happening in this country.”

The woman walked away without further incident.

“I think she was frustrated, but I think she walked away with a little bit more of an idea of that nobody’s attacking you, it was a general statement generalizing an idea,” Anderson said.

Wu then continued his speech by calling on everyone, especially white

people, to be more than not racist.

“White supremacy affects us all. And it’s going to take all of us to dismantle it,” Wu said. “Don’t just be not racist, you need to be actively anti-racist.”

Wu and his daughter Sofia Wu, who led the proceedings, organized the second rally. The Wu family also attended the morning rally, and along with the rally at UK, Sofia Wu said the organizing was encouraging to see because it involved so many people.

“Even like older Asian communities where there might be like a language barrier and are not plugged into this like really aggressive social justice environment that we have now,

like everybody knows that this is happening,” said Sofia Wu, whose grandmother went to the UK rally without telling her.

Sofia Wu opened the afternoon rally by introducing a series of speakers who gave eulogies for the eight victims of the Atlanta shootings. She noted that the eulogies humanize the victims, but that eulogies are not justification for why the victims did not deserve to die – they did not deserve to die because they are people.

Donna Kwon, a music professor in UK’s College of Fine Arts, spoke at the event and gave one of the eulogies.

“I was asked to do it, so I felt like I had to say yes,”

Kwon said. “And I think any opportunity we can get to speak up and not be silent about the things that are going on, you just kind of have to take those.”

Kwon gave a eulogy for Soon Chung Park, the cook and housekeeper of Gold Spa. Park was a single mother who worked long hours to bring her children to the U.S. after she emigrated 40 years ago.

Park, 74, remarried in 2018 and was known for bringing kimchi dumplings to any gathering.

“I just realized researching them how similar they are to my own family story and could have been my grandmother or aunt or somebody I knew,” Kwon said. She recalled that Park

MICHAEL CLUBB | STAFF Hundreds gather at a Stop Asian Hate rally on Wednesday, March 24, 2021, at the lawn in front of Memorial Hall in Lexington, Kentucky.

16 | kentucky kernel

liked orchids, and so did her mother.

Kwon also performed traditional Korean songs at the close of the rally, leading the crowd in saying the names of the victims and wishing them safe passage in the next life. Kwon noted that the rally’s message was intersectional, both in calling for solidarity and in acknowledging the many types of prejudice – like sexism, classism, racism and bias against sex workers – that led to the Atlanta shooting.

“It’s all interconnected in various ways. That’s another reason why i feel like it’s necessary to speak up and not just from your own position, but to speak out for others,” Kwon said.

“We’re going through a really precarious time, so I think the more we could form these coalitions - it’s just so important.”

Dan Wu noted the intersection of these various prejudices in his speech, pointing out the Chinese Exclusion Act of 1882, which prohibited all labor of Chinese immigrants, as a piece of history that contributed to the view that all Chinese women are prostitutes.

That kind of thinking, warped by sexism and racism, contributed to the Atlanta shooting. The gunman said he had a sex addiction that law enforcement said may have led him to the massage parlors he targeted.

“The sexualization of Asian women, and the accompanying emasculation of Asian men have deep rooted history in this coun-

try,” Wu said. He also condemned the model minority myth as a mindset used to sideline Asian Americans.

“All those positive stereotypes, they are coded.

Smart - but only in math and science. Hard-working means we’re only valued for our labor. Law-abiding means subservience - don’t rock the boat. And contributing member - of what?

An unequal oppressive capitalist system,” Wu said.

In his speech he emphasized the intersectionality needed to combat racism.

“We cannot hoard our empathy for only people who look like us,” Wu said.

At the morning rally, he spoke against only coming out in a show of solidarity after a tragedy, saying that that is not enough. He also decried the idea that America does not look like the violence that has plagued the country – “this is a racist country we live in.”

Violence against Asian Americans has increased since the start of the pandemic according to multiple studies. One center tracking physical and verbal attacks has recorded nearly 4,000 incidents in this last year. But Wu reminded rally attendees that it is up to them to educate themselves about the issues and be a part of the solution.

“Don’t ask your Asian friends. Don’t ask your black friends. Don’t ask your trans friends. Don’t ask your Islamic friends and Muslim friends, don’t ask a refugee friend to help you learn this,” Wu said.

“Google it.”

Monday, March 29, 2021

news RECORDS CONTINUED FROM PAGE 9

“And then every student knew that having open records at the university to talk to you was an important thing and would be for the next class and the next class and the next class.”

Marjorie Kirk, Kernel editor-in-chief 2016 - 2017, wrote many of the articles on the Harwood investigation and the lawsuit’s beginnings. Kirk said she can still remember the “hundreds of moments” she

was tested by this records battle.

“The extreme care my staff and I put into every investigation and report of these sensitive events. The panic when the administration attempted to intimidate us (including Eli Capilouto accusing me of horrible insensitivity and recklessness). The awe and referred pain when I’d sit with survivors in my dim dirty office and ask them to relive the worst moments of their lives,” Kirk said.

Kirk has now gradu-

ated from law school, but still recalls how significant the open records battle has been to her and other student journalists.

“It changed me, it changed every staff member who has come and gone in the last five yearss and now this decision is going to change the transparency of public colleges - hopefully - across the country,” Kirk said.

Following the result of the court’s ruling in the UK vs. Kernel case, Western Kentucky University will

release records from a similar request to its independent student newspaper the College Heights Herald.

WKU and the Herald have been locked in their own lawsuit for four years.

Miller said WKU’s decision in the suit with the Herald bodes well for the Kernel’s own lawsuit with WKU, which is of a similar nature to both the Herald vs. WKU and Kernel vs.

UK cases and involves sexual assault records.

“Absolutely, because that was virtually the sole

impediment to the circuit judge relation records,” Miller said of the Supreme Court precedent being a positive indication for the WKU case.

Beyond the immediate ramifications for the records in the Kernel’s case, the ruling also upholds Kentucky’s Open Records Act in a time when open records laws across the country are in danger.

“It’s quite obvious it’s under attack in the legislature, and there are innumerable examples of

local government trying to conceal actions from the public,” Miller said. “And if this decision had gone the wrong way, it would give further ammunition to local governments and educational institutions to hide its actions, to the very people who support these activities.”

Open records are a “crucial part of keeping the public informed”, of journalism and of democracy, Wright said, so the Kernel’s victory is a victory for citizens and for journalists.

Spring heralds horse racing in the bluegrass

By Brooklyn Kelley features@kykernel.com

One year into the COVID-19 pandemic, and some aspects of life in Lexington – like traffic – are ramping up to normal.

A much more beloved tradition will return this spring as well.

Keeneland will have their spring 2021 meet in person. Though there is limited capacity, spectators will be allowed to watch the races in person once again. The Spring Meet will begin Friday, April 2 and end on Friday, April 23. There will be no races on Mondays, Tuesdays, or on Easter Sunday.

There will be no opportunity for fans to buy tickets on site, so they will need to pre-order them online. For those that wish to watch the race off-site, individuals can stream the races from their homes.

As with most locations, Keeneland is enforcing a mask policy in order to stop the spread of COVID-19.

Though tickets have sold out, Keeneland encourages fans to keep their eyes out for resale tickets.

“We certainly look forward to when we’re able to host all of our fans again in person,” said Keeneland’s Director of Patron Experience, Kara Heissenbuttel.

Heissenbuttel said that the biggest impact

JORDAN PRATHER | STAFF The starting gates open and another race begins during the first day of Keeneland’s spring meet on Friday, April 6, 2018 in Lexington, Kentucky.

that the pandemic has had on Keeneland is keeping fans from being able to experience races from the stands.

Keeneland is not permitting tailgating for the Spring Meet. Additionally, they will not be having Sunrise Trackside. There are, however, opportunities for guests to come and watch morning workouts from

sunrise to 10 a.m. each day, according to Heissenbuttel.

Similar to last year’s event, Keeneland will be hosting their annual Scholarship Day virtually. Registration for this event opens on Friday, March 26.

“All full-time college students are eligible for scholarships,” said Katherine

Hutchinson, the Promotions and Community Relations Manager at Keeneland.

This year, Keeneland will be partnering with Lane’s End, a Thoroughbred racing farm based in Versailles, for the scholarship event.

There is $30,000 available in scholarship funds. This will be broken up into two $5,000 scholarships and 10 $2,000 scholarships. The winners of the $5,000 scholarships will be invited to be recognized on April 9. Because of this, Keeneland is asking that students pre-register for scholarships in advance. The winners of the $5,000 scholarships will be selected on April 5.

Students should visit Keeneland.com/ csd to apply. This link will go live Friday, March 26.

Another recent event regarding Keeneland is the passing of Senate Bill 120. This bill aims to ensure a future for the horse racing gambling slot machine industry, saving many jobs for Kentuckians.

“We are thrilled the legislation passed and operations are open again at Red Mile,” said Amy Gregory, Keeneland’s Director of Communications, via email. This bill is expected to have a positive economic impact on the horse racing industry.

spring 2021 | 17

Monday, March 29, 2021

news

Records show man arrested in hospital emergency had multiple guns, explosive devices

By Natalie Parks editor@kykernel.com

Law enforcement documentation from the March 25 emergency situation at UK Chandler Hospital reveals range of weaponry possessed by the suspect, 44-year-old Bryan Carroll.

Carroll, a Versailles resident, was visiting a family member in the hospital and was arrested by UK police upon his exit. UK received a tip from the Versailles police department, who had a warrant out for Carroll’s arrest, that he might come to Lexington and was potentially “armed and dangerous.”

According to the arrest citation, Carroll was armed with two handguns on his person and had five guns and a “large amount of ammunition” in his vehicle, which was parked in the parking lot outside of the emergency room. According to a federal affidavit, both handguns were loaded with multiple rounds.

When the arresting officers searched the vehicle, they saw a suspicious package that prompted an emergency alert from UK and road shutdowns.

FBI, ATF, fire and police units all responded to the scene. According to FBI spokesperson Sara Anderson, the FBI provided bomb squad technicians. A bomb disposal robot and bomb-sniffing dogs were also deployed.

18 | kentucky kernel

Lexington police department’s bomb detection unit searched Carroll’s car and found “four improvised explosive devices.”

After nearly four hours of the shutdown, police and fire cleared the scene and the road was reopened. UK police chief Joe Monroe told media “no one was in danger at any time. This was a very quick response and takedown.”

Carroll was taken to Fayette County Detention Center on Thursday and arraigned in district court on Friday. He faces 14 state charges, including four counts of possession of weapons of mass destruction and five counts of possession of firearms.

State law says a person can be charged with use weapon of mass destruction in the third degree if a person “intentionally, without lawful authority, he or she places a weapon of mass destruction at any location in the Commonwealth.” Because UK’s Chandler Hospital is on campus, laws about possessing weapons on school property also apply.

Carroll is a convicted felon and has a litany of charges in Woodford County, including domestic violence and assault charges.

Anderson said he was not known to the FBI prior to Thursday’s events. Law enforcement officials found more explosives in Carroll’s Versailles residence.

JACK WEAVER | STAFF A law enforcement official walks through the scene of the investigation on Friday, March 26, 2021, at Bryan Carroll’s home in Versailles, Kentucky.

FBI, Lexington police and other agencies blocked off Carroll’s house on Thursday evening while waiting for a federal search warrant. The warrant, signed by an ATF agent, cited Carroll’s violation of laws prohibiting felons from possessing firearms as probable cause.

FBI officials conducted “controlled explosions” throughout Friday, March 26 to detonate the explo-

sives found in Carroll’s house. Some neighbors were asked to evacuate and others prevented from moving their vehicles.

“It’s unnerving,” neighbor Alicia Matthews said of the explosives so close to her home. One of the police officers told her she would be safe if she stayed inside.

Matthews told the Kernel that Carroll had a history of incidents in the neighborhood, but that she

did not expect a situation of this magnitude.

“I’m surprised about the situation at the hospital and what’s going on at the house now, but there’s been trouble in that house for some time,” Matthews said. “We really weren’t surprised, when we knew that the police were here, that that’s where they were going.”

Carroll will have a second court appearance on

April 1. Anderson said she expects federal charges to be filed soon.

FBI agents continued to search Carroll’s residence on Saturday, March 27.

A motive has yet to be attributed to the situation.

“We took an individual that could be deemed as armed and dangerous into custody very quickly, efficiently, without doing harm to anyone, including himself,” Monroe said.

Monday, March 29, 2021

photo

SCENES FROM HOSPITAL SHUTDOWN

JACK WEAVER | STAFF A bomb disposal robot leaves the scene during an emergency situation on Thursday, March 25, 2021, at UK Chandler Hospital in Lexington, Kentucky.

MICHAEL CLUBB | STAFF University of Kentucky police chief Joe Monroe addresses media during an emergency situation on Thursday, March 25, 2021, at UK Chandler Hospital in Lexington, Kentucky.

MICHAEL CLUBB| STAFF Firemen wearing hazmat suits exit the hospital during an emergency situation on Thursday, March 25, 2021, at UK Chandler Hospital in Lexington, Kentucky. spring 2021 | 19

Monday, March 29, 2021

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