Shhh! Don’t Ask! COVID-19 Equity Analysis Is for Governor’s Eyes Only

by Carol J. Bova

The Virginia Department of Health (VDH) blog posted March 16 that the department and the Virginia Department of Emergency Management (VDEM) would open community vaccination centers in Danville, Portsmouth, Petersburg and Prince William. “The sites were selected after the Virginia Department of Emergency Management conducted an equity analysis to determine the communities with the largest number of vulnerable populations and communities with the largest percentage of vulnerable population and greatest COVID-19 impact.” (See Steve Haner on March 26.) I sent a FOIA request to VDEM for a copy of the equity analysis.

While waiting for the VDEM reply, I wrote on Bacon’s Rebellion March 17 that VDH should target vaccination efforts to neighborhoods with high rates of poverty where COVID-19 risk factors were most likely to be found rather than basing the sites on VDH’s flawed virus statistics of racial demographics.

I received a response from VDEM denying my request.

VDEM responds that pursuant to Va. Code § 2.2-3704.B.1, the requested records are being withheld. The material that is being withheld consists of eight separate analyses and reports. These reports were prepared for the deliberative use of the Governor regarding strategies and recommendations for addressing the COVID-19 Emergency in the Commonwealth. As such, the reports contain information identified as working papers of the Governor for his deliberative use. Accordingly, the records are being withheld under Va. Code § 2.2-3705.7(2).

What makes the demographics in the analysis such a top secret? The COVID-19 impacts within communities are already available in VDH datasets by zip code or by locality. The Weldon Cooper Center, acting as the state demographer, has poverty statistics for Virginia communities. Doesn’t the VDEM analysis reflect those numbers?

Va. Code § 2.2-3705.7(2) says about “Working papers and correspondence of the Office of the Governor…”:

Further, information publicly available or not otherwise subject to an exclusion under this chapter or other provision of law that has been aggregated, combined, or changed in format without substantive analysis or revision shall not be deemed working papers.

“Working papers” means those records prepared by or for a public official identified in this subdivision for his personal or deliberative use.

Identifying vulnerable communities by income status and poverty levels, compiling the number of  people in those communities, adding up how many COVID-19 cases and deaths they’ve experienced, and adding up how many vaccinations to see how many are still at risk should be a straightforward, if time-consuming, set of computations within VDH purview.

Is the Governor really deciding how VDH distributes vaccines?

Or did the numbers require revision to support the Governor’s and the VDH’s COVID-19 racial health inequity story-line? If that’s the case, we’ll never see the VDEM equity analysis.


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Comments

11 responses to “Shhh! Don’t Ask! COVID-19 Equity Analysis Is for Governor’s Eyes Only”

  1. Kathleen Smith Avatar
    Kathleen Smith

    The ole governor’s working papers response. I once met an older women who was in a political position with Sussex County. She was very sweet and talkative as we were waiting for pictures with then Governor Mark Warner at the Governor’s Mansion. I complimented her on Sussex having its first Starbucks near Routes 40 and 95. She said “Starbucks, Starbucks, Starbucks. That is all I hear everyone talking about. What do they do there anyway?” I feel the same about some of the equity language. Enough of this. Herd immunity is useless without all races and ages getting the vaccine. I could have guessed what areas would need the vaccine more based on poverty rates. It doesn’t take a dashboard, it takes getting it done.

  2. Leslie Mason Avatar
    Leslie Mason

    I would be very interested in reading those reports. Can you appeal/file an injunction? I’m writing a term paper for my MPA class on this very subject and these numbers could potentially add fuel to my theoretical fire.

    1. James C. Sherlock Avatar
      James C. Sherlock

      see my note.

  3. James C. Sherlock Avatar
    James C. Sherlock

    Since they told you this information is in the Governor’s office, you can send the request to FOIA@governor.virginia.gov with the phrase “FOIA Request” included in the subject line of the email. It is fair to give that office a chance to give you the records before appealing.

    If they turn you down, the Freedom of Information Advisory Council is the appeal authority. The Council, which works for the General Assembly, may be contacted by e-mail at foiacouncil@leg.state.va.us, or by phone at (804) 225-3056 or [toll free] 1-866-448-4100

    1. Thank you for that suggestion.

  4. Stephen Haner Avatar
    Stephen Haner

    https://coronavirus.jhu.edu/vaccines/us-states

    Per Johns Hopkins, 34 states have fully vaccinated a higher percentage of their populations than Virginia, although many are bunched closely with us around the national average of 15%. That’s all that matters.

    The other day in an interview Avula reported that the target is about 5.1 million vaccinated Virginians, which would be about 75% of the adult population of 6.8 million. He also expressed concerns that vaccine hesitation would keep us from ever getting to that level of penetration. Ending or keeping the state of emergency may be an election issue come November!

    1. Nancy Naive Avatar
      Nancy Naive

      I just saw a commercial for mask-smear proof lipstick. Before you laugh it off, or cry as the case may be, women spent more money on beauty products in one year in the 60s than the Apollo program over 10.

  5. Nancy Naive Avatar
    Nancy Naive

    Can’t say I ever agreed with a single word he said, but I loved to listen to him say it. Golden pipes.
    https://www.latimes.com/obituaries/story/2021-03-30/g-gordon-liddy-watergate-nixon-dies?_amp=true

    1. He lived a long and interesting life.

      We should all be so lucky.

  6. The Derecho Avatar
    The Derecho

    “It has been previously well-established by both the Office of the Attorney General of Virginia as well as this office that the working paper exemption no longer applies after a document has been disseminated beyond the office of the chief executive.1 Therefore, any document labeled as a working paper would no longer be afforded the protection of the exemption once it was shared with an outside party. The question remains, however, as to whether any other event, aside from dissemination, triggers a loss of the working papers exemption.”

    1. Voluntary sharing by the person holding the exemption. And any publicly available information used is not exempt.

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