Kentucky Kernel: May 10, 2021

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Monday, May 10, 2021

news

Lexington’s protests have been mainly peaceful. Why?

By Haley Simpkins and Sarah Michels news@kykernel.com

In June 2020, Lexington protesters marched in the streets for 13 consecutive nights as part of a nationwide pushback against police brutality against black Americans. The protests were sparked by the murder of George Floyd, a Minneapolis resident, and quickly spread across the country.

In some cities, protesters and police had violent clashes that resulted in serious injuries. Though increasingly common across the country, Lexington protests did not see that kind of escalation and instead remained peaceful.

Over the nights of protests, protesters mostly marched and chanted through downtown streets. The Lexington Herald-Leader described protesters as kneeling and even praying to show what they stand for, and often conversing with police officers. The Herald-Leader also reported that there were few incidents of property damage, unlike the recent widespread looting and vandalism seen in cities like Washington D.C. and Louisville.

The number of total arrests from Lexington protests remained in single digits, out of thousands of arrests across the country.

The peaceful atmosphere could be attributed to many factors, including the Lexington police department’s relationship with the community, the group policing themselves and the leadership of public officials.

On multiple occasions as the protesters knelt, Lexington police walked or prayed with them. However, the police department itself has a complicated history with racial issues.

In 1994, 18-year-old Antonio Orlando Sullivan from Lexington was killed after

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hiding in a closet in his room from police who were serving a warrant. The police chief at the time, Larry Walsh, said the shooting happened after Sullivan had entered the living room to respond to officers and an officer’s weapon was accidentally discharged, shooting Sullivan in the head.

Sullivan’s death sparked riots in downtown Lexington, injuring several people.

African American sworn-in personnel currently make up only 8.2 percent of the Lexington police department. Hispanic personnel account for only 2.6 percent of the department, while Caucasian sworn personnel have a sweeping majority with 89.8 percent.

According to data from the Lexington police department’s Public Integrity Unit, in 2019, there were 10 reports of racially-motivated bias complaints as well as 184 complaints against officers’ responses to resistance, including complaints of excessive force. As of May 2020, there were two reports of racially-motivated bias complaints as well as 72 complaints against response to resistance so far this year.

However, some Lexington citizens and protesters attribute the peacefulness of the protests to the overall cooperation and understanding of law enforcement in the community.

“The police officers here in Lexington have really been showing their support as well and showing that they are noticing that we are doing this peacefully, and we don’t want a big riot,” Maria Edwards, a Lexington resident and protester, said. “It does make that a lot better and a lot easier for us to be out here and to do that when we have that support, which I’m really happy Lexington does have.”

Police across the nation have been accused of inciting and causing violence at these protests by using excessive force such as tear gas, rubber bullets, batons, tasers and other weapons against peace-

MICHAEL CLUBB | STAFF Protesters march down the sidewalk during a protest in response to the grand jury decision on the Breonna Taylor case on Wednesday, Sept. 23, 2020, in Lexington, Kentucky.

ful protesters, pedestrians and journalists.

Examples of this escalation have swarmed social media in the past week, including a New York police department cruiser driving into a crowd of protesters and a video of police in Buffalo shoving a 75-year-old protester to the ground and leaving him in serious condition.

“For one thing, I think the police have done a much better job in Lexington than they have in some other places. I think that they have been a pretty fair police force comparatively speaking to other towns,” said Chris Herman, a participant in last Monday’s protest.

But as relationships between local police departments and protesters have become increasingly fraught in many places, protesters and officers in Lexington have maintained relative calm. Lexington officers have knelt, marched, hugged, prayed

and even played rock, paper, scissors with protesters. Beginning on Thursday, officers went without riot gear for the night and were encouraged to have conversations with community members.

“I think that people believe that when they’re calling the police, they’re actually coming to help them in this town. So I think there’s a little more trust here than there is in some other places,” Herman said.

On May 31, the night with the biggest crowd of protesters, the police reported zero arrests. Officer Megan Padgett came in on her day off to help work the protest.

“We actually had some very decent conversations with several people even though obviously it’s a lot of people and with your gear on it’s kind of hard to hear but I mean, it was a pretty good night overall,” Padgett said.

See BLM on page 10

Monday, May 10, 2021

LOOKING BACK, MOVING FORWARD

kentuckykernel

CONTACT Editor-in-chief: R ayleigh Deaton editor@kykernel.com

KENTUCKY SUPREME COURT RULES IN FAVOR OF KERNEL IN LAWSUIT FROM UK

Managing editor: Michael Clubb 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 five-year legal battle.

UK sued the Kernel after the university declined to turn over records in a sexual misconduct 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 lawsuit revolved around a request from the Kernel for documents related to a sexual misconduct investigation against former UK professor of entomology James Harwood.

Harwood resigned from the university in 2016 to avoid a sexual misconduct hearing and

was later investigated for research misconduct.

UK’s general counsel Bill Thro said at the time that the resignation was the most speedy and effective solution to both investigations.

The Kernel’s original request asked for “Title IX complaints filed by the two female students, any reprimands and any commendations, Harwood’s personnel file, and any documents detailing the University of Kentucky’s investigation into allegations of sexual assault, sexual harassment, or allegations of alcohol abuse committed by Harwood.”

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.

Kentucky’s 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 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.

Chris Poore, media adviser to the Kernel when the lawsuit began, said the result was a great win for the public.

“Kernel students are adults and they’re members of the public, and they’re taxpayers, and they asked for records that by most accounts should have been pub-

lic,” Poore said.

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. “Now those notes, which the Supreme Court recognized, are no longer preliminary once there

Asst. news editor: Hannah Stanley Brooklyn Kelley Sports editor: Braden Ramsey sports@kykernel.com Asst. sports editor: Eric Decker Opinions editor: S arah 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 Kentucky holds up their trophy after the University of Kentucky vs. North Carolina State TaxSlayer Gator Bowl game on Saturday, Jan. 2, 2021, at TIAA Bank Field in Jacksonville, Florida. Kentucky won 23-21.

See LAWSUIT on page 10 —Natalie Parks

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Monday, May 10, 2021

news

Back on track:

UK student volunteers form vital part of return to normalcy

JACK WEAVER | STAFF A vaccination is prepared at UK’s COVID-19 vaccination clinic on Saturday, Jan. 30, 2021, at Kroger Field in Lexington, Kentucky.

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Monday, May 10, 2021

news

By Sarah Michels news@kykernel.com

When the Lexington community returns to a semblance of pre-pandemic normalcy, consider thanking the hundreds of UK students who volunteered at the university’s vaccine clinic operations.

As of May 7, UK’s vaccine operations have passed the 240,000 vaccinations mark, due to their robust people power.

Lance Poston, UK assistant vice president for external relations, said that the team exceeds 200 people per day, including faculty and staff from UK Healthcare and campus units, as well as many UK students from medical and non-medical backgrounds.

One student volunteer, UK junior Cliff York, said the experience was more fun than he expected. York, an integrated strategic communications major, volunteered for the first time on Feb. 24, after signing up through a link his nursing student friend sent him.

Since then, he’s volunteered a few more times. Often, when he has a relatively free day, York tries to find a shift that works with his schedule. He said that the process is flexible; while there are specific time slots for the various three, four and six-hour shifts, student volunteers can work with the staff if they have to leave early or arrive late due to academic or other obligations.

Once they’ve completed the volunteer form, opportunities are released every one or two weeks, Poston said.

Freshman computer science major Matt Bartholomai also signed up at his friend’s suggestion. So far, he’s only volunteered for one five-hour registration shift, but plans to continue when he’s less busy. His shift happened to be the day before UK hit the 100,000 vaccinations landmark,

JACK WEAVER | STAFF Holly Fessel, a UK nursing student, administers a dose of the Pfizer COVID-19 vaccine on Saturday, April 10, 2021, at UK’s COVID-19 vaccination clinic at Kroger Field in Lexington, Kentucky.

which he said was a rewarding experience.

“I definitely encourage all students— if they’re capable and have time— to just go help out one or two days, because it’s not that hard,” Bartholomai said.

“You’re helping your community and you get the vaccine afterwards if you want to.”

There are a variety of jobs for which student volunteers can sign up; the essential non-clinical roles, such as registration, way-finding and transport, require no prior knowledge or medical background. On the other hand, more clinical roles like immunizers and dosers are filled by students and employees from UK’s health colleges, Poston said.

York doesn’t have any medical background, but he said he still felt equipped for the job after watching the provided online resources and shadowing someone

from an earlier shift.

Registration volunteers check people in, “way-finders” direct people to the right area, and dose runners transport the vaccine from the syringe-loading station to the person administering the vaccine. In all roles, hand sanitizer and gloves are frequently used to maintain a clean, safe environment.

People’s reactions to receiving the vaccination are a mixed bag, York said.

“You’ll get some that like are almost on the verge of tears, they’re so excited, like we’re getting back to normal life, and then some they’re like, I hate needles, I don’t want to be here at all. This sucks, but I have to do it,” he said.

Bartholomai added that there was some conflict regarding the Pfizer vaccine that UK is currently distributing.

“Some lady was mad that we didn’t have Moderna, which was

interesting,” he said. “There’s a lot of spirit around the brand of the vaccine for a lot of people.”

While there is still plenty of demand for volunteers, especially in the morning shift, York said he’s noticed the slots filling up a little more quickly recently.

“I think people are just wanting to start volunteering, kind of doing their part,” York said. “Obviously, the potential of getting a vaccine after your shift— I think that’s probably a pretty big incentive for people who want to start volunteering more too.”

Both York and Bartholomai received their first vaccine dose after their first shift—York on Feb. 24 and Bartholomai on March 3. Neither would have been otherwise eligible for the vaccine at the time.

“I think back and forth on it, I think if you’re gonna continually volunteer in that kind of space, it does make more sense for you to

be able to get the vaccine,” York said. “You’re trying to create a safe and healthy environment for the people that are coming in that are outside the volunteer community or outside the Lexington community.”

Giving volunteers extra doses of the vaccine also prevents waste, Bartholomai said.

“In a lot of the vaccines there’s leftovers in the vial, that it’s not a full dose, and they don’t want to mix different vials for people that sign up to get the vaccine,” he said. “But for us, they just took the little bits that were left in every vial and gave it to us, so it was more of kind of making sure they weren’t throwing any away or like wasting any vaccines, rather than using some that should give more qualified people.”

Once he gets his booster shot, not much will change for York.

“I know I’ll be a little bit more protected, but you have to do your part to protect other people and not go out of your way to put yourself in risk of being able to somehow get out or become a carrier for it,” he said.

Bartholomai plans to have the first maskless family gathering in a long time, since his grandparents are getting vaccinated around the same time.

While the long shifts can be exhausting, both York and Bartholomai said the experience was overwhelmingly rewarding. York said he’s enjoyed playing a part in people’s excitement to get back on track.

“It’s been one of the weirdest years I think of anyone’s lives,” York said. “The idea of seeing people have hope again and kind of like see that new normal, see the light at the end of the tunnel, is really, really cool.

Those interested in volunteering at the Kroger Field vaccine clinic can fill out an application form at the UK Healthcare website.

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Monday, May 10, 2021

CHECK OUT THE YEAR IN PHOTOS Year In Photos highlights the best pictures from the 2020-2021 school year.

In the more than 100-page magazine, find memorable moments from this past year, including COVID-19 snapshots, BLM protests, sports highlights and much more. Pick up a copy on campus or find it digitally at https://issuu.com/kentuckykernel

MICHAEL CLUBB | STAFF Dancers perform during UK Theatre and Dance’s EchoLocation: The Mobile Tour on Friday, April 2, 2021, at the UK Arboretum in Lexington, Kentucky.

MICHAEL CLUBB | STAFF UK junior forestry major Britney Hughs sleds down “The Bowl” in a kayak with her dog Squid on Monday, Feb. 15, 2021, at the William T. Young Library in Lexington, Kentucky.

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MICHAEL CLUBB | STAFF Kentucky Wildcat forward Ben Damge (27) puts his hands up after a foul call during the University of Kentucky vs. Old Dominion mens’ soccer game on Saturday, April 10, 2021, at The Bell Soccer Complex in Lexington, Kentucky. UK won 2-1 in overtime.

MICHAEL CLUBB | STAFF Kentucky Wildcats forward Keke McKinney (3) is introduced before the UK vs. Missouri women’s basketball game on Sunday, Jan. 31, 2021, at Memorial Coliseum in Lexington, Kentucky. UK won 61-55.

Monday, May 10, 2021

MICHAEL CLUBB | STAFF A horses and its foal roam a field on Saturday, April 10, 2021, at Darby Dan Farm in Lexington, Kentucky.

JACK WEAVER | STAFF UK students dance to music being played on a speaker while gathered around a burning couch on State Street on Saturday, April 24, 2021, in Lexington, Kentucky, as students celebrate Kentucky volleyball’s national championship win.

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Xxxday, Xxxxx Monday, May 10,XX, 2021 2021

sports

Waiting game:

Olympic-bound rifle players bide their time

By Barkley Truax

sports@kykernel.com

After a year-long postponement, two University of Kentucky student athletes will head to Tokyo, Japan this summer to compete in the 2021 Summer Olympics.

Sophomore Mary Tucker and junior Will Shaner made history for the UK rifle team in February 2020.

Tucker and Shaner aren’t the only Wildcats throughout the program’s history to qualify for the games, as Nancy Johnson (1992-96) competed in the 1996 and 2000 Summer Olympics. She took home gold in Sydney in 2000.

More recently, another Olympic gold medalist for Kentucky was Henry Junghaenel, who graduated in 2013 and competed in Rio in 2016.

Tucker and Shaner qualified at the Air Rifle Olympic Trials Part II, shortly before the coronavirus pandemic swept across the world, halting every major sporting event at the time.

The qualifying rounds feature two parts for each gun (four total). In Part I, Tucker was able to place third, something she didn’t expect going into the qualifiers.

Third place wouldn’t have been enough to punch her ticket to the games, as only the top two qualify, but Tucker won the next two qualification rounds. Despite this, she worried about her lack of experience down the stretch.

“I was confirmed as being qualified after our qualification round, so I didn’t even have to shoot the final,” Tucker said. “But I did and it was a very emotional moment for all of us.”

She said she was overwhelmed by her teammates’ reactions, text messages and

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HANNAH PHILLIPS | UK ATHLETICS Will Shaner. Kentucky defeats Murray and Morehead.

both of her coaches crying after they found out she was headed to Tokyo. And she won’t be going alone.

Like Tucker, Shaner placed in the top three of the first qualification.

“Luckily within our shooting season at Kentucky I was able to keep the intensity up and keep the training up so when the second qualification match came, I was prepared for it.” Shaner said.

He said all he had to do then was to do his job.

“Fortunately, during the [second] qualification match,” Shaner said. “I gained enough points to secure my spot so the finals and extra points that everyone else was going to get didn’t matter.”

He knew he was going to qualify, but that didn’t let that moment when his Olym-

pic dream had come true go to waste.

“It was a little surreal,” Shaner said.

“It was kind of a weight being lifted off your chest because you finally made it, you don’t have to worry about it anymore.”

However, the dream went downhill from there. Just over a month later, it was announced that the Olympics would be postponed, causing many athletes to believe their Olympic aspirations could be over. The cancellation of the NCAA rifle championships was the cherry on top.

“Right when those got canceled, I couldn’t look at my equipment for about two months without getting really upset,” Tucker said. “It was a very strange feeling.

I love this sport but during that certain time I hated it.”

The games had only been postponed for

a year, but depending on the status of the pandemic there has been speculation that they could be canceled completely.

“It’d be tough, real tough,” Shaner said of the possibility.

“I do think the games should be happening and I do feel completely safe,” Tucker said. “I do trust the Olympic committee, both the U.S. and international one, and I know they’re working their hardest to make sure that the athletes get to compete.”

That scare turned out to be just that — a scare. With the rise of COVID-19 vaccinations across the world, the games are likely to go on as planned this year. Some countries are even prioritizing Olympic athletes such as Australia, France, Mexico and more, according to Forbes.

Tucker and Shaner had tremendous seasons before the cancellations. Kentucky was named CRCA All American First-Team Overall, All-GARC First-Team in Combined, Smallbore and Air Rifle, as well as several other individual honors and awards.

Due to the pandemic, Tucker wasn’t able to train for the first few months of the lockdown – something she never had to go without before.

“This year I’ve kind of been focusing on, ‘okay, what I was doing last year worked,’” Tucker said. “I’m just trying to replicate what I was doing and get back to where I was.”

She picked up right where she left off, winning not only the NCAA Rifle Player of the Year, but also sweeping gold at the NCAA Championships — the first ever Wildcat in history to accomplish this feat.

She claimed the gold in air rifle shooting

Xxxday, Monday, Xxxxx MayXX, 10, 2021

sports a perfect 10.9x on her final shot as well as claiming gold in the smallbore championships becoming the sixth shooter in NCAA history to accomplish double gold.

Tucker is the second Wildcat in UK history to win the NCAA Player of the Year in her respective sport. Current NBA superstar Anthony Davis was the first to accomplish this feat in 2012 and the volleyball team’s Madison Lilley became the third after Tucker in 2021.

Shaner medaled silver in the air rifle championships behind Tucker, his first NCAA Championship medal in his collegiate career.

“This is a really big deal for this team. We have been going at it for two years now and this was long overdue for us,” Tucker said. “We all kind of knew that we were going to do good. We went into the match confident and came out on top … I was really proud of my team and like you said, I normally do finish early, so I get to watch them finish up.

Normally without four shots left, the rest of the team does stand back up on the line because we are a team and we finish together. The last couple of shots I do not get to watch, but I was proud of the team. They all did really, really well. There were a couple of things that could have stopped them but they didn’t let it.”

With the NCAA season behind them, Tucker and Shaner have their minds completely focused internationally and toward Tokyo. But with international play comes the risk of contracting the virus and getting sick.

“There’s always a concern,” Shaner said.

Shaner was able to train throughout last summer but said it had been tough to stay motivated mentally.

“It was heartbreaking for about a week or two, but I figured I had two decisions,” Shaner said.

“I could either dwell on it like it’s over, or I could just kind of wait it out, kind of keep training, wait that extra year and finish out strong.”

Shaner says Team USA has done a great job communicating with him despite the fact that information is always changing due to the pandemic.

“They’ve actually been really helpful in sending out weekly updates,” Tucker said. “Reassuring the athletes that we will be going and to keep working towards our goals.”

In March, the pair traveled to India for a competition and to South Korea in April. Before these events, neither Tucker nor Shaner have shot a real competition match against other countries since 2019. International competitions can’t compare to collegiate ones.

“It’s a very intense environment to be in and you have to get used to it before you feel comfortable in it,” Shaner said.

To get to where he needs to be, he needs to take those risks.

No matter what happens with the 2021 games, both Tucker and Shaner have their eyes set for 2024, regardless.

“I’ve already got that tracked out,” Shaner said. “Especially since it’s already been pushed back a year so I’m only two year out from 2024 [qualifiers].”

In many other top sports like gymnastics, athletes who miss a year may have aged past their prime if their training doesn’t coincide with the Olympics or they miss a year, as everyone has due to the pandemic. That’s not the case for rifle.

“Even if something does happen, I still have many more years after this one,” Tucker said.

The Olympics are slated to begin Friday July 23, 2021, until the completion of the games on Aug. 8. Tucker will return to Kentucky next season to begin her junior campaign and Shaner his senior.

Mary Tucker. Photo provided by UK Athletics.

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news BLM

CONTINUED FROM PAGE 2

Other participants say the protests have been peaceful because the protesters themselves have been active in promoting that atmosphere and correcting those who step out of line.

“I mean, it could just be the officers down here, it could be the people,” Padgett said. “There’s a lot of obvious factors involved but I mean I’m glad it’s been peaceful, everybody here has been really I guess organized and very good about wanting to be peaceful here.”

Padgett said something as simple as throwing a water bottle warranted disapproval from the group and the antagonist being cut off from other protesters.

At multiple points during last Monday’s protest, a small faction of the group tried to antagonize police by jumping on cop cars or screaming in officer’s faces. However, these actions were met with a yell to stop and move on from the majority of the group.

“Don’t give them a reason to attack us,” yelled one protester at the antagonists.

LAWSUIT CONTINUED FROM PAGE 3

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 the identity of the students who reported Harwood for sexual misconduct 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.

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Kaulbert Wilson, one of the de facto leaders of last Monday’s march, said the group’s peacekeeping is helping relay their message.

“We’ve all been peaceful, but for us to actually have officers walking with us, we’ve spoken and they’ve heard. So therefore, this: officers following us, that should mean something to them,” Wilson said.

Wilson was detained by police at Sunday’s protest and arrested later on Monday night and charged with disorderly conduct, inciting a riot, assault in the fourth degree (no visible injury) and evading police. He was also involved in an altercation with a civilian during another night of protests.

Jana Warfield, a protester and mother, said this peaceful atmosphere allows her to feel safe enough to bring her 2-year-old son to show him how important it is to use his voice.

“So I’m not trying to do all that crazy stuff. But peaceful, I’m with it,” Warfield said.

Some have attributed the peaceful atmosphere to the actions of public officials like Mayor Linda Gorton or Lexington Police Chief Lawrence Weathers.

During the May 31 protest, Mayor Gorton went out to speak to those protesting in

“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 sanction.

“Realizing that Harwood could deny the allegations, leave the University quietly and seek academic employment else-

the Courthouse Plaza.

“I went downtown to listen to our citizens … that’s a first step. Now we’re taking the next step… starting a community conversation about how we go forward, together,” Gorton said in a tweet on Monday.

Mayor Gorton has also been vocal about making necessary changes to the Lexington police department. Gorton said later in a tweet that she would be creating a group consisting of citizens, court representatives, members of the faith community, the Urban County Council and other groups to recommend what changes needed to be made.

“In Lexington, demonstrators have peacefully let our City know they are hurting. The moment is now … it is time to listen to the voices of so many,” Gorton said in the tweet.

Chief Weathers’s behavior and mindset may also play a role in the peaceful demeanor of the protests.

In a press conference on June 1, Weathers said he encouraged his officers to do what they feel is right when it came to kneeling with protesters on Sunday night.

Weathers said he was among the first officers to kneel along with protesters.

“As the chief, it’s my job to let the of-

where, Jane Doe 1 and Jane Doe 2 wanted to remedy a perceived flaw in the Title IX reporting and investigation process by drawing attention to the matter,” the opinion states.

“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,” Miller said.

Essentially, the Supreme Court said FERPA is not an absolute prohibition of sharing records as long as students’ information is redacted.

“The FERPA “education record” exclusion was clearly not intended as an “invisibility cloak” that can be used to shield any document that involves or

ficers know what’s appropriate and what’s not,” Weathers said. “I told them, ‘If you want to kneel, kneel. It’s your choice.’ ” The actions of the chief and LPD officers are in stark contrast to those of police in Louisville, where the National Guard has been deployed, and police have used tear gas, rubber bullets and pepper balls against protesters in the streets. Tensions between protesters and police increased following the shooting of David McAtee by the National Guard in the first five days of protesting.

The most extreme measure protesters have seen from Lexington police is the installation of a railing to keep protesters from being face to face with the officers.

One officer was said to make protesters uncomfortable, but Chief Weathers since removed that officer.

As protests in Lexington approach their second week, each of these factors have contributed to a mostly peaceful atmosphere in downtown Lexington and continuing this peace will rely on the cooperation of police, protesters and local officials as the community moves towards addressing protesters concerns and demands.

is associated in some way with a student, the approach taken by the University in this case,” the Supreme Court opinion said.

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 written into the open records law in Kentucky,

which is why Miller said UK’s position was “indefensible.”

The ruling 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,” in journalism and democracy, Wright said, so the Kernel’s victory is a victory for citizens and for journalists.